Terms and Conditions of Use

1. Introduction

Welcome to KlickKey ("the Platform"). These Terms and Conditions of Use ("Terms") govern your access to and use of the Platform provided by KeyKlick ("we," "us," or "our"). By accessing or using the Platform, you ("User" or "you") agree to comply with and be bound by these Terms. If you do not agree to these Terms, please refrain from using the Platform. Your first access to and login on the Platform will constitute tacit acceptance of these Terms and Conditions.

2. Use of the Platform

2.1. Eligibility

To use the Platform, 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.

2.2. Account Registration

To access all the services and features of the Platform, 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.

2.3. License to Use

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for your personal and non-commercial use, in accordance with these Terms.

3. User Conduct

3.1. Prohibitions

You agree not to use the Platform to:

  • Engage in illegal or fraudulent activities.
  • Distribute viruses or any other harmful technology.
  • Violate the intellectual property rights of others.
  • Send spam or unsolicited communications.
  • Interfere with the operation of the Platform.
  • Upload images that incite hatred, contain explicit sexual content, are violent, racist, involve minors, or are prohibited in your country.
  • Upload images that promote any inappropriate conduct or that we consider inappropriate.

3.2. User Content

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.

3.3. Photos and Uploaded Content

Any photo or content uploaded to the Platform is the sole responsibility of the user who uploads it. You assume all responsibility for any illegality, copyright infringement, or other rights violations in connection with the content you upload.

3.4. Messages to Advertisers

All messages that users can send to advertisers are the sole responsibility of the user who sends them. The Platform is not responsible for the content, ideas, ideology, or any other aspect of the message.

4. Intellectual Property

4.1. Copyright

All content on the Platform, 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.

4.2. Trademarks

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.

5. Privacy

5.1. Privacy Policy

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.

5.2. Personal Data

You agree to provide real and accurate personal data, especially in the context of purchases or transactions made through the Platform. The Platform collects data that the user voluntarily submits, including geographical position, email, and the personal data provided during the initial use of the Platform.

5.3. Ownership of Data

All data received by the Platform becomes the property of KlickKey, and it may use such data for its internal analysis of processes, functionalities, and marketing. We will share with advertisers only the data of those users who have decided, through their actions, to interact with each advertiser.

5.4. Sharing Data with Third Parties

We will not share data with third parties outside the Platform. We reserve the right to change this policy at any time, notifying users when this happens.

6. Limitation of Liability

6.1. Disclaimer of Warranties

The Platform is provided "as is" and "as available." We do not guarantee that the Platform will be uninterrupted or error-free. To the maximum extent permitted by law, we disclaim all warranties, express or implied.

6.2. Limitation of Damages

In no event shall KlickKey be liable for any indirect, incidental, special, consequential, or punitive damages, even if we have been advised of the possibility of such damages.

7. Changes to Terms and Prices

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.

8. Governing Law and Jurisdiction

8.1. Governing Law

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.

8.2. Jurisdiction

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.

9. General Provisions

9.1. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

9.2. Waiver

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.

9.3. Entire Agreement

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.

9.4. Account Suspension

The Platform reserves the right to disable the account of any user at any time and to indicate or not the reason.

10. Legal Requirements

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. User data will be kept for as many years as required by applicable law.

11. Prices and Taxes

All prices listed on the Platform are expressed by default in U.S. dollars (USD) and include VAT or other applicable taxes. We strive to ensure that all prices are correct, although they may be subject to change without notice.

12. Account Deactivation Request

Any user 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.

13. Marketplace and Advertiser Responsibility

13.1. Definition of Marketplace

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, providing a digital space where advertisers can present their products and services to users.

13.2. Role of the Platform

The Platform functions solely as a marketplace, offering a digital environment for advertisers to make their products and services available to users. KlickKey does not directly sell products or services and is not involved in transactions between buyers and sellers beyond enabling connections between advertisers and users.

13.3. Advertiser Responsibility

Advertisers are solely responsible for the products and services sold or offered on the Platform. This includes, but is not limited to:

  • The quality, safety, and legality of the products and services offered.
  • The truthfulness and accuracy of the descriptions of the products and services.
  • Compliance with all applicable laws and regulations regarding the products and services offered.
  • The sales process, including order acceptance, delivery, and after-sales service.
  • Handling returns, refunds, and any disputes that may arise with users.

13.4. Buying and Selling Process

All responsibility in any buying, selling, delivery, shipping, and dispute resolution process lies solely with the advertisers. KlickKey does not guarantee or take responsibility for the quality, safety, delivery, or any other aspect of the products and services offered by advertisers. Platform fees will never be refunded in any dispute between advertisers and end-users.

13.5. Disputes between Users and Advertisers

In the event of any dispute arising between users and advertisers, KlickKey assumes no responsibility and will not mediate such disputes. Users must contact advertisers directly to resolve any problem or dispute related to the purchase or service received.

14. Rejection of "Memento" Images

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.

15. Contact

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.

16. Compliance with the General Data Protection Regulation (GDPR)

16.1. Data Controller

The data controller responsible for your personal data is NGC-Galaxy LLC, located at 1290 Weston Rd. Ste 210 Weston, FL 33326. You can contact our Data Protection Officer (DPO) at dpo@KlickKey.ai.

16.2. Legal Basis for Data Processing

We process your personal data based on the following legal grounds:

  • Consent: By agreeing to these terms, you consent to the processing of your personal data for the purposes described herein.
  • Performance of a Contract: Processing is necessary for the performance of a contract to which you are a party.
  • Legal Obligation: Processing is necessary for compliance with a legal obligation to which we are subject.
  • Legitimate Interests: Processing is necessary for the purposes of our legitimate interests, provided that such interests are not overridden by your rights and interests.

16.3. Data Collection and Use

We collect and use your personal data for the following purposes:

  • To provide and manage our services.
  • To process transactions and send related information.
  • To manage and respond to inquiries and requests.
  • To improve our services and develop new products.
  • To comply with legal obligations and enforce our terms.
  • To send marketing communications, subject to your consent.

16.4. Data Retention

We retain your personal data only for as long as necessary to fulfill the purposes for which it was collected and to comply with legal, accounting, or reporting requirements. The retention period may vary depending on the type of data and the purposes for which we process it.

16.5. Data Subject Rights

Under the GDPR, you have the following rights regarding your personal data:

  • Right to Access: You have the right to request access to your personal data and obtain information about how we process it.
  • Right to Rectification: You have the right to request the correction of inaccurate or incomplete personal data.
  • Right to Erasure: You have the right to request the deletion of your personal data, subject to certain conditions.
  • Right to Restriction of Processing: You have the right to request the restriction of processing of your personal data, subject to certain conditions.
  • Right to Data Portability: You have the right to receive your personal data in a structured, commonly used, and machine-readable format and to transfer it to another controller.
  • Right to Object: You have the right to object to the processing of your personal data based on legitimate interests, direct marketing, and other specified grounds.
  • Right to Withdraw Consent: If you have given consent to the processing of your personal data, you have the right to withdraw it at any time without affecting the lawfulness of processing based on consent before its withdrawal.

To exercise your rights, please contact us at legal@KlickKey.ai. We will respond to your request in accordance with applicable data protection laws.

16.6. Data Transfers

Your personal data may be transferred to and processed in countries outside the European Economic Area (EEA) that may not offer the same level of data protection as your country of residence. We take appropriate measures to ensure that your personal data is protected with suitable safeguards when transferred internationally, in full compliance with GDPR requirements.

16.7. Data Security

We implement appropriate technical and organizational measures designed to protect your personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. However, please note that no security system is completely infallible.

16.8. Complaints

If you believe that your rights under the GDPR have been infringed, you have the right to lodge a complaint with a supervisory authority in your country of residence, place of work, or the location where the alleged infringement occurred.

Contact Information

If you have any questions or concerns about these Terms or our data processing practices, please contact us using 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, including our GDPR compliance obligations.