Welcome to KlickKey ("the Platform"). These Terms and Conditions of Use ("Terms") govern the use of the Platform for business/advertisers ("Business", "Advertiser" or "you"). By accessing or using the Platform as business, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, do not use the Platform.
To use the Platform as business, you must be at least 21 years old or the age of majority in your jurisdiction, and have the legal capacity to enter into a binding contract.
To access and use the services of the Platform as an Advertiser, it is mandatory to create and maintain an account. You agree to provide accurate and complete information during registration and to maintain the confidentiality of your password. You are responsible for all activities that occur under your account.
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for the promotion and sale of your products and services, in accordance with these Terms.
You agree not to use the Platform to:
You are responsible for the content you post on the Platform. By posting content, you grant KlickKey a worldwide, royalty-free, non-exclusive license to use, reproduce and distribute such content.
Any photos or content uploaded to the Platform are the sole responsibility of the Advertiser who uploads them. You assume full responsibility for any illegality, copyright infringement, or other rights violations in relation to the content you upload.
All content on the Platform, excluding what you upload, but including text, graphics, logos, icons, images, audio clips, and software, is the property of KlickKey or its content suppliers and is protected by U.S. copyright laws and other international copyright laws.
The trademarks, logos, and service marks displayed on the Platform are the property of KlickKey. You may not use these marks without the prior written permission of KlickKey.
The use of the Platform is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand how we collect, use, and protect your personal data.
You agree to provide real and accurate personal data, especially in the context of transactions made through the Platform. The Platform collects data that the Advertiser voluntarily submits, including geographical position, email, and the personal data provided during the use of the Platform.
All data received by the Platform remains the property of the Business; however, it may be utilized for our internal analysis related to processes, functionalities, and marketing. We will only share with end users the data of those advertisers who have actively chosen to engage with each end user through their interactions.
We do not share data with third parties outside the Platform. However, we reserve the right to modify this policy at any time and will notify advertisers in the event of any such change.
The Platform is provided on an "as is" and "as available" basis. We do not warrant that the Platform will be uninterrupted, secure, or error-free. To the fullest extent permitted by applicable law, we disclaim all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Under no circumstances shall KlickKey be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages.
We reserve the right to modify these Terms, as well as the prices and conditions of the Platform, at any time. Changes will be effective when posted on the Platform. Continued use of the Platform after the posting of changes constitutes your acceptance of the modified Terms. If you do not agree with the modified Terms, you must stop using the Platform.
These Terms shall be governed and construed in accordance with the laws of the State of Florida and federal laws of the United States, without regard to its conflict of law principles.
Any dispute arising in connection with these Terms or the use of the Platform shall be submitted to the exclusive jurisdiction of the state and federal courts located in the State of Florida, USA.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
The failure to exercise or delay in exercising any right or remedy provided in these Terms shall not constitute a waiver of such right or remedy.
These Terms constitute the entire agreement between you and KlickKey regarding the use of the Platform and supersede all prior and contemporaneous agreements, understandings, whether written or oral, regarding such subject matter.
The Platform reserves the right to disable the account of any advertiser at any time and to indicate or not the reason.
All data stored by the Platform will be available to any legal requirement of any country that formally requests it. We commit to complying with all valid legal and regulatory requests. Advertiser data will be kept for as many years as required by applicable law.
All prices listed on the Platform are expressed by default in U.S. dollars (USD) and include VAT or other applicable taxes.
The prices specified by advertisers must include any applicable taxes and are expressed by default in U.S. dollars (USD). KlickKey only displays the prices set by advertisers, and they are solely responsible for their accuracy.
Any advertiser may request the deactivation of their account by sending an email from the authorized email associated with their account to eraser@klickkey.ai We will process your request as soon as possible and confirm the deactivation of the account.
A marketplace is an online platform that facilitates transactions between third parties for the buying and selling of products and services. The Platform serves as an intermediary, offering a digital space where advertisers can present their products and services to end users.
The Platform functions as a marketplace, providing a digital environment where advertisers can offer products and services to end users. KlickKey does not directly sell products or services and does not participate in transactions between buyers and sellers beyond enabling connections between advertisers and end users.
Advertisers are solely responsible for the products and services listed on the Platform. Their responsibilities include, but are not limited to:
All responsibility for buying, selling, delivery, shipping, and dispute resolution lies solely with advertisers. KlickKey does not guarantee or assume liability for the quality, safety, delivery, or any other aspect of the products and services offered by advertisers. Platform fees are non-refundable in the event of disputes between advertisers and end users. Advertisers bear sole responsibility for setting accurate prices and for any applicable taxes. KlickKey is exempt from any complaints, litigation, or issues arising from advertisers' actions or omissions.
In the event of a dispute between end users and advertisers, KlickKey assumes no responsibility and will not act as a mediator. End users are advised to contact advertisers directly to resolve any issues or disputes related to the purchase or service received.
Advertisers are responsible for shipping tangible products sold on the Platform, including logistics, order processing, handling returns, and resolving any disputes related to shipment and delivery.
In the event that a "memento" image is rejected by the Platform's artificial intelligence due to identifying abusive, sexual, violent, or any other inappropriate content, the amount paid will be refunded minus a 5% commission. This refund will be processed as soon as possible after the rejection notification.
If you have any questions about these Terms, you can contact us through our contact form. By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use.