Terms & Conditions

01 Acceptance of Terms

By accessing or using the website located at koffexdigital.com, by submitting any form or inquiry on our website, or by engaging Koffex Digital's services in any capacity, you ("User," "Client," "you") agree to be bound by these Terms & Conditions ("Terms") and all applicable laws and regulations.

These Terms constitute a legally binding agreement between you and Kair Il, LLC, operating as Koffex Digital. If you do not agree to these Terms, you must immediately discontinue use of our website and services.

We reserve the right to modify these Terms at any time. Updated Terms will be posted to this page with a revised effective date. Your continued use of our website or services following any modification constitutes your acceptance of the updated Terms.

These Terms are effective as of January 1, 2025 and apply to all users of our website, clients of our services, and recipients of our marketing communications.

02 Services Description

Koffex Digital provides digital marketing services to businesses, including but not limited to the following:

• SMS marketing campaign planning, management, and execution
• Email marketing and marketing automation
• Programmatic and display advertising
• Social media advertising (Meta, Google, TikTok, and related platforms)
• Reddit marketing and community growth management
• Lead generation services at scale
• Multi-channel campaign management
• Brand strategy and positioning consulting
• Compliance-first marketing consulting (TCPA, CAN-SPAM, CCPA, CASL)
• CRM integration and marketing automation setup
• SEO and content marketing
• Financial products marketing (subject to regulatory compliance)
• Precious metals investment product promotion
• Financial investment consulting and related products

Services are subject to the specific terms outlined in individual service agreements, statements of work, or contracts entered into between you and Kair Il, LLC. In the event of a conflict between these Terms and a signed service agreement, the service agreement shall control.

We reserve the right to modify, suspend, or discontinue any service at any time, with or without notice, and without liability to you or any third party.

03 SMS Program Terms (TCPA)

Koffex Digital operates automated SMS marketing programs on behalf of itself and its clients. These programs are governed by the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and related FCC regulations.

Program Description

Participants in our SMS program may receive recurring automated marketing text messages, including promotional offers, service updates, campaign notifications, and related marketing content.

How to Opt In

Enrollment in our SMS program requires prior express written consent. Consent is obtained through web forms, landing pages, or other opt-in mechanisms that clearly describe the nature of the messages to be sent. Opt-in is never pre-selected or assumed.

How to Opt Out

You may opt out of our SMS program at any time by:

• Replying STOP to any text message we send. You will receive a one-time confirmation and no further messages will be sent.
• Contacting us directly at legal@koffexdigital.com to request removal.

Message Frequency

Message frequency varies based on the program and campaign. You will be notified of approximate frequency at the time of opt-in. Message frequency may change as campaign parameters change.

Message and Data Rates

Standard message and data rates may apply. These charges are assessed by your wireless carrier, not by Koffex Digital. Koffex Digital does not charge a premium for SMS program participation.

Not a Condition of Purchase

Consent to receive SMS marketing messages is not a condition of any purchase or service agreement with Koffex Digital or its clients.

Help

Reply HELP to any message for assistance, or contact us at legal@koffexdigital.com.

04 Email Marketing Terms (CAN-SPAM)

Our email marketing practices comply with the CAN-SPAM Act of 2003. By submitting your email address to Koffex Digital and checking the email consent box on our contact form, you agree to receive commercial email communications from us.

Opt-In

We send commercial emails only to individuals who have provided express or implied consent to receive such communications. Consent is clearly documented at the time of submission.

Unsubscribe Rights

You may unsubscribe from marketing emails at any time by clicking the unsubscribe link included in every commercial email, or by emailing legal@koffexdigital.com with an unsubscribe request.

10-Day Honor Period

We will process all email unsubscribe requests within 10 business days of receipt, as required by the CAN-SPAM Act. Please note that transactional or relationship-based emails (such as service confirmations or invoices) are not subject to this opt-out requirement.

Physical Address

All commercial email communications from Koffex Digital include the physical address of Kair Il, LLC: 2035 S Washington St Suite #143, Naperville, IL 60565.

05 Financial Product Disclaimers

Investment Risk

All investments involve risk, including the potential loss of principal. Past performance of any investment, strategy, or financial product is not indicative of future results. The value of investments may go down as well as up, and investors may not recover the full amount invested.

Not Investment Advice

Nothing contained in any marketing material, advertisement, email, SMS message, or web content produced by or associated with Koffex Digital constitutes investment advice, financial advice, legal advice, or a recommendation to buy, sell, or hold any security, investment product, or financial instrument.

Koffex Digital is a marketing services company, not a registered investment advisor, broker-dealer, or financial institution. We do not provide personalized investment recommendations. Users should consult a qualified, licensed financial advisor before making investment decisions.

Forward-Looking Statements

Any statements about expected returns, projected results, or anticipated performance are forward-looking statements and are not guarantees. Actual results may differ materially from those projected due to a wide range of factors including market conditions, economic variables, regulatory changes, and other risks beyond our control.

Regulatory Compliance

Marketing content for financial products is developed in compliance with applicable federal and state regulations, including but not limited to regulations administered by the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), and relevant state securities regulators, where applicable. We work closely with our clients to ensure regulatory compliance in all financial marketing campaigns.

06 Precious Metals Disclaimer

Market Risk and Price Volatility

Precious metals, including gold, silver, platinum, and palladium, are subject to significant price volatility. The market value of precious metals can fluctuate substantially based on global supply and demand dynamics, currency fluctuations, macroeconomic conditions, geopolitical events, and investor sentiment. Koffex Digital makes no representation or warranty regarding the future price of any precious metal.

No Guarantee of Returns

Investing in precious metals does not guarantee any return on investment. There is no assurance that any investment in precious metals will retain its value or generate a profit. Past performance of precious metals markets is not indicative of future performance.

Consult a Financial Advisor

Before making any investment in precious metals or precious metals-related products, we strongly encourage you to consult with a qualified and licensed financial advisor who is familiar with your specific financial situation, investment objectives, risk tolerance, and time horizon.

Not an Offer to Sell Securities

Nothing in any marketing material produced by or associated with Koffex Digital constitutes an offer to sell, a solicitation of an offer to buy, or a recommendation of any security or investment product, including precious metals. Any marketing content we produce is for informational and advertising purposes only on behalf of our clients.

Physical vs. Paper Metals

Precious metals may be marketed in physical form (coins, bars) or paper/digital form (ETFs, futures, certificates). Each form carries different risks, costs, and regulatory considerations. Consult with appropriate advisors regarding the specific product being offered.

07 Intellectual Property

All content on the Koffex Digital website and produced by Koffex Digital, including but not limited to text, graphics, logos, images, icons, audio clips, digital downloads, data compilations, campaign materials, and software, is the property of Kair Il, LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

Permitted Use

You may access and use the Koffex Digital website for personal, non-commercial informational purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from our website without express written permission from Kair Il, LLC.

Trademarks

The "Koffex Digital" name, logo, and all related marks, product names, and slogans are trademarks of Kair Il, LLC. You may not use these marks without prior written permission from Kair Il, LLC. All other trademarks, logos, and service marks appearing on our website are the property of their respective owners.

Client Content

By providing content, creative assets, or data to Koffex Digital for use in marketing campaigns, you grant Kair Il, LLC a non-exclusive, royalty-free license to use, reproduce, and display such content solely for the purpose of performing the contracted marketing services.

08 User Conduct

By using our website and services, you agree not to:

• Use our website or services for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation
• Attempt to gain unauthorized access to any portion of our website, our servers, or any system or network connected to our website
• Transmit any unsolicited or unauthorized advertising or promotional material ("spam") through or in connection with our services
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
• Attempt to reverse engineer, decompile, or disassemble any proprietary software used in connection with our services
• Interfere with or disrupt the integrity or performance of our website or services
• Collect or harvest any personally identifiable information from our website without authorization
• Use our services to engage in any conduct that violates the TCPA, CAN-SPAM Act, CCPA, CASL, or any other applicable law governing electronic marketing communications
• Use our services to market or promote any illegal products, services, or activities

Violation of any of these provisions may result in immediate termination of your access to our services and may subject you to civil and criminal liability.

09 Disclaimer of Warranties

Kair Il, LLC does not warrant that:

• Our website or services will be uninterrupted, timely, secure, or error-free
• The results obtained from using our services will be accurate, reliable, or meet your expectations
• Any errors in our website or services will be corrected
• Our website or the servers that make it available are free of viruses or other harmful components

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.

10 Limitation of Liability

In no event shall the total liability of Kair Il, LLC to you for all damages, losses, and causes of action arising out of or relating to these Terms or your use of our website or services exceed the greater of (a) the total amount paid by you to Kair Il, LLC in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100).

The limitations set forth in this section shall apply regardless of the theory of liability and regardless of whether such damages were foreseeable or Kair Il, LLC was advised of the possibility of such damages.

11 Indemnification

You agree to defend, indemnify, and hold harmless Kair Il, LLC, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your violation of any applicable law, rule, or regulation
• Your violation of the rights of any third party, including but not limited to intellectual property rights and privacy rights
• Your use of our services in a manner not authorized by these Terms
• Any content or information you provide to us in connection with our services
• Your negligence, willful misconduct, or fraud

Kair Il, LLC reserves the right, at our expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

12 Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles.

Subject to the arbitration provisions in Section 13, you and Kair Il, LLC each consent to the exclusive jurisdiction and venue of the state and federal courts located in DuPage County or Cook County, Illinois for the resolution of any disputes not subject to arbitration.

The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

13 Dispute Resolution

Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except as expressly provided below, you and Kair Il, LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of our website or services (collectively, "Disputes") shall be resolved exclusively by binding, individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms.

Arbitration Procedure

The arbitration shall be conducted by a single, neutral arbitrator. The arbitrator shall have authority to award any remedy or relief that a court of competent jurisdiction could order or grant. The arbitrator's decision shall be final and binding. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

The arbitration shall take place in DuPage County or Cook County, Illinois, unless otherwise agreed. For claims of $10,000 or less, you may choose to conduct the arbitration by telephone or based solely on written submissions.

Class Action Waiver

Exceptions to Arbitration

The following claims are excluded from the arbitration requirement: (a) claims arising from intellectual property infringement or misappropriation; (b) claims for injunctive or other equitable relief; and (c) any claim that applicable law requires to be heard by a court of law.

Opt-Out Right

You have the right to opt out of this arbitration agreement within 30 days of first accessing our website or services by sending written notice to legal@koffexdigital.com with the subject line "Arbitration Opt-Out."

14 Contact

Questions about these Terms & Conditions? Contact our legal team:

• Email: legal@koffexdigital.com
• Phone: (815) 215-1826
• Mail: Kair Il, LLC (dba Koffex Digital), Attn: Legal Department, 2035 S Washington St Suite #143, Naperville, IL 60565

We will respond to your inquiry within 30 days. For urgent legal matters, please include "URGENT: Legal" in your subject line.

These Terms were last updated effective January 1, 2025. A complete revision history is available upon written request.