SiteKick Terms of Service

The Terms of Service below set forth the rights and obligations of the parties associated with the implementation of the Service (as defined below). Your use of https://www.sitekickapp.com and each website (collectively, the “Site”) owned and operated by SiteKick, Inc. (“SiteKick”, “We” or “Us”) is governed by these Terms of Service. Before you can use any part of the Service, you must read and affirmatively indicate your acceptance of the following Terms of Service, any applicable Work Order (as defined below) and the Privacy Policy located at https://www.sitekickapp.com/privacy (individually or collectively this “Agreement”). By visiting the Site or implementing or using the Service you agree that you are authorized to accept these terms and conditions on behalf of yourself and/or your company (collectively, “you” or “You”), and that you are bound by the terms of this Agreement for the Service. This Agreement is between You and SiteKick. The Site contains certain proprietary software (the “Software” and together with services provided through the Site, the “Service”) that allows you to obtain data from analytics providers for you or for your client (“Client Data”), subject to these Terms of Service. You agree that you have the authority and permission to provide Us with access to such Client Data; and that you are governed by the terms of service of the analytics providers supplying that Client Data. Each time you visit or use the Site, the current version of this Agreement will apply. Accordingly, when you use the Site, you should check the date of this Agreement and review any changes since the last version. Continued use of the Service will be deemed acceptance of any new terms. If you do not agree with this Agreement at any time, please cease use of the Service. You agree to accept notices sent electronically, including but not limited to, e-mail messages sent to the current e-mail address of your account and notices posted on the Site.

  1. DESCRIPTION OF THE SERVICE

SiteKick Service. The SiteKick Service includes use of data from analytics providers for You and / or your clients. If you wish to register for the SiteKick Service, sign up as described on the Site. You must provide certain limited information about yourself as prompted to do so by the Service. We reserve the right to refuse access to the SiteKick Service to any user. When you elect to begin a full SiteKick Service account by choosing a plan and adding a credit card through our web application, SiteKick will automatically charge the credit card you provided or issue you an invoice for amounts due to us. You may also have the option to register for a full year of the SiteKick Service.

  1. LICENSE 

Subject to the terms and conditions of this Agreement, SiteKick grants to you (and you agree to comply with) a non-sublicensable, non-transferable, non-exclusive, revocable, limited license to use: (i) the Service and (ii) certain proprietary documentation in the form generally made available by SiteKick to you on the Site for use with the Software (the “Documentation”).

Your use of the Service shall be restricted pursuant to the terms and conditions of this Agreement. You agree to be responsible for the acts and/or omissions of any third party using the Service through your account. Other than as expressly granted above, no other rights are granted, including without limitation any and all SiteKick patents, copyrights, moral rights, trade secrets, trademarks, service marks, publicity rights, and other proprietary rights (whether or not perfected or perfectable) (“Intellectual Property Rights”). Nothing in this Agreement grants to you any rights whatsoever in or relating to the source code of the Software. All ownership rights, title, and Intellectual Property Rights in and to the Service shall remain in SiteKick and/or its licensors. You agree that SIteKick has the right to change, modify, add to, discontinue or retire any aspect or feature of the Service at any time without any obligation to give you notice of any changes. From time to time, SiteKick may, but is under no obligation to, release upgrades, fixes or new versions of the Service, although these upgrades may not be consistent across all platforms and devices.

  1. RESTRICTIONS 

You agree not to, or to allow others to: (i) adapt, alter, modify, decompile, translate, make derivative works, disassemble, or reverse engineer the Service, including without limitation, the source code and any other underlying ideas or algorithms of the Software (except to the extent applicable laws specifically prohibit such restriction or where in accordance with the API terms of service; (ii) copy the Software; (iii) transfer, sublicense, loan, sell, lease, use for timesharing or service bureau purposes, or otherwise commercially use or exploit the Service; or (iv) use the Service in violation of any applicable regulation or law; or (v) ship, divert, trans-ship, transfer, export or re-export the Service or any component thereof into any country or use it in any manner prohibited by any export control laws, restrictions, or regulations administered by the U.S. Commerce Department’s Bureau of Export Administration, the U.S. Department of Treasury’s Office of Foreign Assets Control or any other applicable government agency. You agree to:

  1. USER REPRESENTATIONS

By using the Service, you represent and warrant that:

  1. FEES AND PAYMENT 

Except with regard to a Free-Trial Period and any prepaid options, SiteKick bills its customers in advance on a monthly basis. All amounts due shall be paid in US dollars. Service fees are exclusive of all banking fees and all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such fees, taxes, levies, or duties (including any United States income (federal or state) taxes based upon your net income and arising from your use of the Service). In the event you withhold any portion of service fees due to payments to banks or taxing authorities outside the United States, SiteKick reserves the right to adjust the pricing of the Service so that you are responsible for payment to SiteKick of the full amount for the Service, net of any such withholdings.

Payments for SiteKick Service. If you register for the SiteKick Service, your credit card will be charged or invoices will be issued to you on a recurring monthly basis (except if you have chosen a prepaid option offered by SiteKick). SiteKick will not issue refunds for fees paid for a SiteKick Service account, even for periods of inactivity. Other than for prepaid options, SiteKick may change the price of the SiteKick Service upon notice to you. Such notice may be provided at any time by posting the changes to the Site. SiteKick will not be liable to you or to any third party for any modifications, price changes, or suspension or discontinuation of the SiteKick Service.

  1. WARRANTY DISCLAIMER 

SITEKICK MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, TITLE AND NONINFRINGEMENT. THE SERVICE IS PROVIDED BY SITEKICK AND ITS LICENSORS “AS IS” AND “AS AVAILABLE.” YOU ASSUME ALL RISK FOR YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY HARM CAUSED BY VIRUSES, WORKS, OR OTHER DAMAGING MATERIALS. IN NO EVENT DOES SITEKICK GUARANTEE ANY RESULTS, INCREASED TRAFFIC, MORE REVENUE, OR USER ENGAGEMENT FOR YOU. SITEKICK DOES NOT WARRANT THAT THE SERVICE, OR ANY PORTION THEREOF, is ACCURATE, ERROR OR BUG-FREE, THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, OR THAT THE SERVICE’S OPERATION WILL NOT NEGATIVELY AFFECT OTHER SOFTWARE OR HARDWARE. THIS SECTION 6 APPLIES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. THE SERVICE IS OFFERED BY SITEKICK FROM THE UNITED STATES OF AMERICA. SITEKICK MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER COUNTRIES. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.

WE HEREBY DISCLAIM ALL OTHERS WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

  1. LIMITATION OF LIABILITY 

IN NO EVENT WILL SITEKICK AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES RELATED TO OR ARISING FROM YOUR USE, MISUSE, OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR USE OF THE SERVICE, ADVERTISEMENTS, UNAUTHORIZED ACCESS TO OUR SERVERS AND ANY PERSONAL INFORMATION STORED THEREIN, OR SERVER UNAVAILABILITY, IN EACH CASE HOWEVER CAUSED UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT AND WHETHER OR NOT SITEKICK WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE OR DESTRUCTIVE PROPERTIES OF THE SERVICE. IN NO EVENT SHALL SITEKICK’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL SUM OF MONIES PAID FROM YOU TO US AS CONSIDERATION FOR USE OF THE SERVICE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

  1. INDEMNIFICATION

YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS SITEKICK, ITS LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL DEMANDS, LIABILITIES, LOSSES, CLAIMS (INCLUDING THIRD-PARTY CLAIMS) AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING OUT OF (i) YOUR USE OF THE SERVICE, (ii) DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, and (iii) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU. NOTWITHSTANDING THE FOREGOING, SITEKICK RESERVES THE RIGHT, AT ITS OWN EXPENSE AND IN ITS SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

  1. TERM AND TERMINATION 

Unless otherwise specified in an applicable Work Order, the term of the license granted herein for the Service shall commence upon the earlier of (i) your work order implementation or (ii) your agreement to these Terms of Service and may be terminated as set forth herein. Upon termination of this Agreement, all licenses and any other rights and services provided by SiteKick to you in this Agreement shall cease immediately. Without limiting the other rights of termination referenced herein, We reserve the right to permanently or temporarily terminate, suspend, or otherwise refuse to permit your use of the Service without incurring liability as a result thereof, if in our sole determination, you violate, or are reasonably likely to violate, this Agreement, including without limitation, by your nonpayment of fees. Termination of this Agreement, any license granted hereunder, or your access to the Site, shall not limit Us from pursuing other remedies available to Us, including but not limited to injunctive relief.

Termination of SiteKick Service. If you are a SiteKick Service customer and have not registered for one of our long-term commitment options, you may terminate this Agreement at any time, in whole or in part, for any reason, provided that if you terminate, you shall be obligated to pay any fees accrued prior to the date of termination. You may terminate this Agreement by e-mailing SiteKick at support@sitekickapp.com. We may terminate this Agreement at any time, in whole or in part, for any reason, and if we choose to do so, we will not be liable to pay you any refunds.

  1. GENERAL 
  1. Headings. Headings are for organizational purposes only and shall in no way affect the interpretation of this Agreement.
  2. Assignment. You may not assign or otherwise transfer your rights or delegate your obligations under this Agreement, in whole or in part, and any attempted assignment by you shall be null and void.
  3. Third-Party Service Providers. SiteKick may provide the Service directly or indirectly using contractors or other third-party vendors or service providers. SiteKick will not be responsible or liable for any failure in the Service or any damages resulting from or attributable to failures of networks, telecommunications or equipment or other failures of third-party suppliers or vendors.
  4. Publicity. You hereby consent to inclusion of your name and trademarks or service marks in customer lists that may be published as part of SiteKick’s marketing and promotional efforts.
  5. Survival. Upon any expiration or termination of this Agreement, the following Sections of this Agreement shall survive: 3 through 10.
  6. Governing Law. All matters relating to the Website, these Terms of Use, any Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

    Any legal suit, action or proceeding arising out of or related to these Terms of Use, any Agreement, or the Website shall be instituted exclusively in the federal courts of the United States in North Carolina, or the courts of the State of North Carolina, except that we retain the right to bring any suit, action or proceeding against you for breach of any of the above-listed agreements in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  7. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, ANY AGREEMENT OR THE WEBSITE OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  8. Waiver and Severability. No waiver by the Company of any term or condition set forth in these Terms of Use or any Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use or any Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable between the parties.
  9. No waiver. Failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches.
  10. Notices. Any notice given under this Agreement shall be in writing and in the English language and shall be e-mailed, if to SiteKick, to support@sitekickapp.com, or if to you, to the e-mail or physical address associated with your account. You hereby consent to receiving any notices relevant to the Services or this Agreement by e-mail without requiring a handwritten signature for such notice to be effective.
  11. Force Majeure. Neither party shall be liable for failing or delaying performance of its obligations (except for the payment of money) resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, natural disasters, earthquake, fire, flood or other acts of God, labor conditions, power failures, failures of Third-Party Service Providers, and Internet disturbances.
  12. The Agreement. These Terms of Service, our Privacy Policy located at www.sitekickapp.com/privacy, any applicable Work Order, and the terms, policies or other provisions located on the Site constitute the sole and entire agreement between you and SiteKick. with respect to the Website and our Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website or our Services. This Agreement may be revised from time to time at our sole discretion by posting the revised Agreement on the Site or otherwise providing the revised Agreement to you. The revised Agreement shall become effective upon such publication or provision. Your acceptance of any revised Agreement is your continued use of the Service.