Klyck Terms of Service

At Klyck Inc. we understand and respect that you care about how your personal information is collected, stored and shared, which is why we’ve taken steps to ensure the full security of your data.

Please read these Terms of Service (“Terms” or “Terms of Service”) carefully before using the www.klyck.io website, app.klyck.io, and Pages Services by Klyck.io Corp. (“Klyck”, “us”, “we”, or “our”). For purposes of these Terms, “you” and “your” means you as the user of the Service. “Service” means Klyck’s online software-as-a-service platform and services including any related APIs provided by Klyck, together with any and all related mobile and desktop applications. “Service” excludes Non-Klyck Services.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all individual visitors, users and others who wish to access or use the Service. These Terms apply to personal use of the Service only. You acknowledge that these Terms, along with Klyck’s Privacy Policy, govern your access and use of the Service. If you are accessing or using the Service on behalf of an organization, business, or other legal entity (each an “Enterprise”), or if you are accessing or using the Service under an eligible Enterprise Subscription Plan, then your use of the Service, including ownership of any content created, stored, or transmitted using the Service, shall be exclusively governed by and subject to Klyck’s Enterprise Master Subscription Agreement.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these Terms, then you do not have permission to access the Service.

 Table of Contents

1. Content

For purposes of these Terms: (i) “Klyck Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service by Klyck or its licensors; and (ii) “User Content” means any Content that you provide to be made available through the Service (excluding Enterprise Content as defined below). Collectively, Klyck Content, User Content, and Enterprise Content are referred to as “Content.”

Content Ownership: We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Klyck and its licensors exclusively own all right, title and interest in and to the Service and Klyck Content, including all associated intellectual property rights. You acknowledge that the Service and Klyck Content are protected by copyright, trademark, and other laws of Canada, the United States and other foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Klyck Content.

Rights in User Content Granted by You: By making any User Content available through the Service, you hereby grant to Klyck a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to view, use, host, cache, store, reproduce, transmit, publicly display, publicly perform, publish, distribute and modify (for formatting purposes only), your User Content solely in connection with operating and providing the Service and Klyck Content to you and, depending on sharing or permissions you grant, to other users, individuals, and/or Enterprises. Subject to the foregoing license, as between Klyck and you, you retain any and all of your rights to your User Content. You acknowledge that if you provide Enterprise Content (as defined below), then the ownership of such Enterprise Content may be as set forth in any agreement between you and the Enterprise, and in the absence of such agreement, then as between you and the Enterprise, the Enterprise may own the rights to any such Enterprise Content.

Your Responsibility for User Content: You are solely responsible for your User Content. You represent and warrant that you own your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Service, nor any use of your User Content by Klyck on or through the Service will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation or violate any agreement you have with any third party.

Sharing User Content: You may share your User Content as well as keep portions private. You agree that User Content you share will be accessible by and be available to other users of the Service to whom you grant access to such User Content. Consequently, you understand and agree that such users will have the right to view and reference your shared User Content. If you grant users additional permissions with respect to your User Content, you understand and agree that such users will, depending on the permissions you grant, have the right to use, publish, display, modify, or duplicate such User Content. You grant Klyck all rights necessary to make any of your shared User Content available to those specified users of the Service and to permit those users to engage in the activities described in this Section with respect to your shared User Content.

Removal of User Content: You can remove your User Content by specifically deleting it. However, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Service. Additional details with respect to the removal and storage of User Content are set forth in Section 15 (Termination) below.

Rights in Content Granted by Klyck: Subject to your compliance with these Terms, Klyck grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the Klyck Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Klyck Content & Use Policy and Monitoring Content:  Although we’re not obligated to monitor access to or use of the Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with Klyck’s Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

2. Restrictions on Your Use of the Service

You may not do any of the following, unless applicable laws or regulations prohibit these restrictions, or you have our express written permission from Klyck to do so:

• post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
• duplicate, decompile, reverse engineer, disassemble or decode the Service (including any underlying idea or algorithm), or attempt to do any of the same;
• access or use the Service in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party’s access to or use of the Service or use any device, software or routine that causes the same;
• attempt to gain unauthorized access to, interfere with, damage or disrupt the Service, accounts registered to other users, or the computer systems or networks connected to the Service;
• circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Service;
• use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Service to monitor, extract, copy or collect information or data from or through the Service, or engage in any manual process to do the same;
• introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful;
• use the Service for illegal, harassing, unethical, or disruptive purposes;
• violate any applicable law, regulation or embargo in connection with your access to or use of the Service;
• access or use the Service in any way not expressly permitted by these Terms.

3. Accounts

You are responsible for maintaining the confidentiality of your account, access codes and or passwords, including but not limited to the restriction of access to your computer and/or account. Sharing of your User login or password is prohibited. You accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

You may not use the Service if you are 13 years of age or younger. By using the Service, you represent and warrant that you are over the age of 13.

4. User Content and Personal Pages

User Content submitted, posted or modified by users in the Service is organized into separated sections we refer to as “Personal Pages”. Enterprise Content submitted, posted or modified by Enterprise Users in the Service is organized into separate sections referred to as ”Enterprise Pages”.  Collectively, Personal Pages and Enterprises Pages are referred to as “Pages”.

In the Service, you can work across multiple Pages at once. Pages are completely separate, and you may be able to share content between them or transfer content from one Page to another. Note that sharing or transferring Enterprise Content from an Enterprise Page, if or when possible, will be managed by the applicable Enterprise administrator, which may or may not allow you to share or transfer Enterprise Content.

Users that join any Enterprise Pages agree that their Klyck account data and Content created in any such Page may be shared with that Enterprise and may be accessed, modified, or deleted by the Pages owner or administrator. Further, you acknowledge and agree that if you register for Klyck with an email address provisioned by an Enterprise (“Enterprise Email”), you agree that such Enterprise, and Klyck, may be able to view information about any Page you create or for which you are an administrator, including a list of Pages members, and guests and Content. Such Enterprise may have the ability to manage your Page, including to claim control and ownership of any Page you create or for which you are an administrator, including any Content within such Pages.

If you join an Enterprise Page, your use must comply with that Enterprise’s policies and any agreement that you may have with that Enterprise. Enterprise Pages are subject to such Enterprise’s control. Enterprise administrators may be able to access, disclose, restrict, or remove Content in or from the Enterprise Page. They may also be able to restrict or terminate your access to Enterprise Pages. If you convert an existing Personal Page into an Enterprise Page or transfer or share content with an Enterprise Page, your administrator(s) may prevent you from later disassociating content from the Enterprise Page.

5. Interacting with Enterprise Pages

An Enterprise may (i) invite you to use or permit you to use their Enterprise Page; and/or (ii) invite you to join the Service as their Enterprise User.

As stated in the “Content” section of these Terms, if you submit or post content to an Enterprise Page (such content, the “Enterprise Content”), then as between you, Klyck, and such Enterprise, the Enterprise will own all rights to such Enterprise Content. For the avoidance of doubt, the foregoing does not prevent you from entering into a separate agreement between you and the Enterprise that addresses ownership of content as between you and such Enterprise.

Enterprises are authorized to add and remove users to use their unique Enterprise Pages. Users that have been authorized to use an Enterprise Page of the Service by an Enterprise are referred to as an “Enterprise User” while they are using such Enterprise Page. If you purchased an Enterprise Subscription on behalf of your Enterprise or employer, your Enterprise or employer is the Enterprise, and not you. The Enterprise can modify and re-assign roles on the Enterprise Page (including your role). If the Enterprise elects to replace you as the representative with ultimate authority for the Enterprise Page, you agree to take any actions reasonably requested by us or the Enterprise to facilitate the transfer of authority to a new representative of the Enterprise.

If you are using an Enterprise Page as an Enterprise User, you acknowledge that the Service as used by you under such circumstances is a workplace tool intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply in connection with such use of an Enterprise Page as an Enterprise User.

6. Subscriptions

Some parts of the Services are made available on a paid subscription basis (“Subscription(s)”). Pricing and included features for the Subscriptions (“Subscription Plan(s)”) are set forth here: https://klyck.io/. “Subscription Fees” means all fees associated with your Subscription.

You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set on a monthly or yearly basis. Whether you are using monthly or yearly billing, your account may be charged on a monthly basis. Email contact@klyck.io for more details.

Auto-Renewal: You agree that at the end of each Billing Cycle, your Subscription will automatically renew and your payment method for such Subscription will automatically be charged at the start of each new Subscription period for the fees and taxes applicable to that Billing Cycle, under the same conditions as the prior Billing Cycle unless you cancel your Subscription prior to your renewal date.

A valid payment method, including credit card, is required to process the payment for your Subscription. You must provide Klyck with accurate and complete billing information including full name, address, state, zip code, and valid payment method information. By submitting such payment information, you automatically authorize Klyck to charge all Subscription Fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Klyck may attempt to charge the credit card on file one or more times. Should payment continue to fail, the Subscription will be, at Klyck’s sole discretion, cancelled or downgraded and you may lose access to certain paid features and/or your Pages and Klyck account.

You may cancel your Subscription either through your online account management page or by contacting Klyck customer support team at contact@klyck.io and indicating your intention to cancel your Subscription.  Upon cancellation your User Content may be deleted from our servers at Klyck’s sole discretion and, in which case, can no longer be recovered.

7. Fees and Fee Changes

Klyck, in its sole discretion and at any time, may modify the Subscription Fees for the Subscriptions. Any Subscription Fee change, including cancellations, will become effective at the end of the then-current Billing Cycle provided a minimum of 72 hours notice.

Klyck will provide you with reasonable prior notice of any change in Subscription Fees. Your continued use of the Service constitutes your agreement to pay the modified Subscription Fees.

Subscription Fees are stated exclusive of any taxes or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You will be responsible for paying all Taxes associated with your Subscription, except for those taxes based on our net income. Should any payment for the Service be subject to withholding tax by any government, you will reimburse us for such withholding tax.

8. Freemium

Klyck may, at its sole discretion, offer a Subscription on a Freemium basis whereby basic usage (a “Personal User”) may be permitted free of charge however additional features or capacity are available on a paid subscription basis. If you are on a Freemium subscription, you may cancel the subscription at any time by following the cancellation procedures outlined in the Subscription section (Section 6) of these Terms. If you, or Klyck, cancels your Freemium subscription you acknowledge and agree that we may delete all of your User Content or data associated with the Pages account that was assigned to your Freemium subscription.

At any time and without notice, Klyck reserves the right to (a) modify the terms and conditions of any Freemium offer; (b) cancel any Freemium offer; or (c) cancel and terminate (in accordance with Termination section) any Freemium subscription at any time.

9. Refunds

Payment obligations are non-cancelable, and fees paid are non-refundable and there are no credits for partially used Subscription periods.

10. Communications from Klyck

By creating an account on our Service, you agree to subscribe to newsletters or marketing materials and other promotional information we may send. However, you may opt out of receiving any, or all, of these marketing communications from us by following the unsubscribe link or instructions provided in any email we send. Please note that we may still send you transactional or administrative messages related to the Service even after you have opted out of receiving marketing communications.

11. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to claims that materials posted in the Service infringe on the copyright of any person or entity in accordance with applicable laws and regulations.

12. Intellectual Property

The Service and its Content (excluding User Content and Enterprise Content), features and functionality are and will remain the exclusive property of Klyck and its licensors. The Service is protected by copyright, trademark, and other laws of Canada and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Klyck.

13. Feedback

We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of Klyck, and Klyck may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Klyck any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

14. Klyck Templates and Non-Klyck Services;

We may make Klyck Templates and Non-Klyck Services available to you through the Service.

“Non-Klyck Service” means any third-party service, connection, Template, software, application, or integration that interoperates with the Service that is provided or made available by Customer or a third party.

“Template” means any pre-configured version of the Service that is made available for download, purchase, or use. If a Template is created and maintained by Klyck, it is a Klyck Template. If a Template is provided by a third party, such Template is a Non-Klyck Service.

If you decide to enable, access or use any Non-Klyck Services, your access and use of such Non-Klyck Services shall be exclusively governed by your agreement with the provider of the Non-Klyck Services. Further, by enabling such Non-Klyck Services, you authorize Klyck to transfer your User Content and your account information, which may include your Personal Data, in accordance with the functionality of such Non-Klyck Services.

Klyck does not warrant or support Non-Klyck Services. The Services may contain features designed to interoperate with Non-Klyck Services. Klyck cannot guarantee the continued availability of such features or any Non-Klyck Services, and Klyck may stop providing Non-Klyck Services without prior notice to you, if for example and without limitation, the provider of a Non-Klyck Service ceases to make the Non-Klyck Service available for interoperation with the corresponding Service features in a manner acceptable to Klyck. You acknowledge and agree that Klyck has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or Non-Klyck Services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Klyck shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or Non-Klyck Service(s).

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or Non-Klyck Services that you visit or interact with.

Klyck may offer an application programming interface that provides additional ways to access and use the Service (“API“). Such API is considered a part of the Service, and your use of the API is subject to these Terms. Further, your use of the API is subject to Klyck’s then-current Developer Terms, as may be updated by Klyck in its sole discretion from time to time. We reserve the right at any time to modify or discontinue your access to the API (or any part of it) with or without notice. The API is subject to changes and modifications, and you are solely responsible to ensure that your use of the API is compatible with the current version.

15. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

You may request to delete your own Personal Information at any time from within our account management page. Upon your request to delete your Personal Information, all such content will immediately become inaccessible and your Account will be, if not already, terminated. After 30 days from doing so, User Content will be deleted from our servers and can no longer be recovered. You acknowledge and agree that any User Content that has been shared may be retained by that user following termination of your Account.

16. Indemnification

You agree to defend, indemnify and hold harmless Klyck and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms; or (c) your User Content provided to the Service.

17. Limitations of Liability

IN NO EVENT SHALL KLYCK, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. KLYCK’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE AND THESE TERMS IS LIMITED TO THE GREATER OF (i) $20 CAD; OR (ii) ONE HUNDRED PERCENT (100%) OF ANY AMOUNT YOU’VE PAID FOR YOUR SUBSCRIPTION IN THE PRECEDING TWELVE (12) MONTH PERIOD.

18. Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

KLYCK, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

19. Exclusions

Some jurisdictions (such as the state of New Jersey) do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages set forth in the “LIMITATION OF LIABILITY” and “DISCLAIMER” sections above, so the limitations above may not apply to you.

20. Governing Law

These Terms shall be governed and construed in accordance with the laws of Ontario, Canada.

21. Compliance with Trade Controls

Your use of the Service is subject to applicable export controls and sanctions, laws and regulations (including those of the U.S. and Canada).

22. Arbitration and Class Action Waiver

Any dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Klyck’s services and/or products, including the Service, will be resolved by arbitration. You and Klyck agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.

Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and Klyck are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Klyck will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.

Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules.

You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to contact@klyck.io or to the Canadian mailing address listed at in the Contact Us section of these Terms. The notice must be sent to Klyck within thirty (30) days of your registering to use the Service or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Klyck also will not be bound by them.

24. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

25. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

27. Entire Agreement

These Terms constitute the entire agreement between you and Klyck regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

28. Survival

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Contact Us

You may contact us regarding the Service or these Terms at: Klyck.io Corp., 60 Atlantic Ave, Suite 200, Toronto, ON M6K 1X9 or via email contact@klyck.io.

Note: The practices set forth in this policy are for Klyck products, services and communications only. If you navigate to other websites or visit external sources that are not explicitly identified as our own or our partners, please review the privacy policies posted at those respective sites.