Terms of Service

Kickly Terms of Service (“Agreement”)

Kickly is fully owned and operated by Kickly S.R.L., a company incorporated in Romania. Please read these Terms of Usage (“Terms of Service”) carefully before using kickly.net (“the Site”) operated by Kickly (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at kickly.net.

Definitions

“Site” – https://kickly.net (and all subdomains, subdirectories)
“Service” – The Kickly image creation application, offered as a service
“End User” – Any user of the “The Site” (including the Kickly application itself).

By accessing or using the site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Usage. Capitalized terms are defined in this Agreement.

Intellectual Property

The Site and its original content, features, and functionality are owned by Kickly and are protected by international copyright & trademark.

Termination

We may terminate your use of the Site and/or Service without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Fees and Services

All references on the Sites or in this Membership Terms to “$” and “dollars” are referring to United States Dollars (USD).

Ongoing Monthly Membership

If you have chosen a monthly term, your Kickly membership will continue month-to-month unless and until you request to cancel your membership or we terminate it. You must request to cancel your membership before it renews each month to avoid billing of the next month’s membership fees to your Payment Method. Monthly renewals occur on the “month anniversary” (except for shorter months, whereby your account may be charged up to 3-days before your “month anniversary”) of your initial purchase date. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.

Ongoing Yearly Membership

If you have chosen a yearly term, your Kickly membership will continue year-to-year unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each year to avoid billing of the next year’s membership fees to your Payment Method. Yearly renewals occur on the “month and day anniversary” (except for shorter months, whereby your account may be charged up to 3-days before your “month and day anniversary”) of your initial purchase date. We will bill the yearly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.

Kickly (paid) monthly and yearly pricing is subject to change which will be reflected on your account. This pricing will not reflect your account if the price change is due to promotion.

Subscription Credit Card Authorization

By entering into a monthly or yearly subscription with us, you are explicitly authorizing us to charge your credit card regularly. When upgrading your Kickly account, you hereby agree that all immediate and future charges as per our Plans are pre-authorized. Pre-authorized charges on monthly accounts are non-refundable.

All promotional coupon codes are for new customers only and cannot be applied to existing accounts. Any discounts that apply to “first year only” or “first month only” will be initially discounted at the advertised rate and subsequent charges will be at full retail price. By taking advantage of one of these types of discounts, you are pre-authorizing full-price charges to your credit card on file for all payments except the “first”.

Refunds / Cancellation

There are no cancellation fees although there are no refunds for partial months (if on a Monthly plan).

If you’re at all unhappy within 7 days of the initial subscription, refunds are available upon request. Monthly recurring payments (other than 1st month within 7 days) are non-refundable. However, if you’re on one of our yearly plans, refunds are available upon request 7 days from when your card is charged.

Use of Account

Each purchase of a paid Kickly account is licensed for use by one user only. If you would like to use a Kickly paid account across multiple locations, you can do so but sharing accounts with other individuals or organizations is strictly prohibited.

You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity unless otherwise stated in writing by Kickly authorized staff. You are entirely responsible for any activities that occur under your account.

Uploaded Graphics/Images, Provided Photos

We do not claim any rights to images or text that you upload. We also do not claim any rights to the photos offered in the app. Photos available within Kickly are all free images provided by third-party services (including, but not limited to, unsplash.com, pixabay.com, pexels.com, thenounproject.com, icons8.com). We waive any responsibility for images provided by third-party services and simply provide access to their collection of images via API.

Icons & Digital Assets

We do not claim any rights to the icons offered in the app. Icons available within Kickly are all provided by third-party services.

Any digital assets (including but not limited to bitmap images, vector images, or JSON files/documents) may only be accessed and used when presented through the Kickly User Interface. Any digital assets accessed by any other means (eg. by inspecting the Kickly app in a Web Inspector or something that accomplishes a similar result, or else by any means other than what is intended) is not allowed, and against our Terms of Service.

Any digital assets (including but not limited to bitmap images, vector images, or JSON files/documents) may not be trademarked or copywritten in their raw form (eg. as an icon on a transparent or colored background).

We actively monitor attempts to directly access digital assets through non-intended means and have the right to keep a record of this to ensure we comply with the Terms of Use of our partners and vendors.

Access to Photos & Icons

Access to all photos and icons are currently provided by third parties and in some cases, are free offerings as provided by our free plan. We cannot guarantee access to these photos, icons, or assets and they are subject to removal at any time. Since we rely on third parties to provide access to these assets, we are not responsible for their updates, removals, or modification.

Content

We respect the intellectual property rights of others and require that those people who use Kickly, or the services or features made available on or through the site, do the same.
Publishers are responsible for any Content on the Publisher Site and End Users are responsible for any Content submitted by the End User. You agree to the following:

you own the intellectual property rights in that Product;
that Product does not infringe the intellectual property rights of a third party;
that Product is not false, inaccurate, or misleading;
that Product is not a stolen or an unlawful item;
that Product does not violate any applicable law, statute, ordinance, or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices or fair trading laws);
that Product is not defamatory, unlawfully threatening, or unlawfully harassing;
that Product is not obscene and does not contain child pornography and does not constitute or contain material that is adult in nature or harmful to persons under the age of 18 years;
that Product does not contain any content that may be considered as prohibited or potentially prohibited content for the Broadcasting Services Act 1992 (Cth);
that Product would not cause Kickly to violate any applicable law, statute, ordinance, or regulation by making it available on the Sites.

Font Uploads & Provided Fonts

By uploading any font to Kickly, you are agreeing that you have permission to use it. Upload fonts at your own risk. Kickly does not claim any ownership rights to the fonts or other files that you upload.

You represent and warrant that:
(i) you own the Content uploaded by you on or through the Kickly Services,
(ii) the uploading and use of your Content on or through the Kickly Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and;
(iii) the uploading of your Content on the Site does not result in a breach of contract between you and a third party.

You agree to pay for all royalties, fees, and any other monies owing any person because of Content you upload on or through the Kickly Services.

All of the fonts included with Kickly are provided by Google Fonts. Google Fonts handles all the licensing and hosting, ensuring that the latest fonts are widely available. All provided Google Fonts are subject to their Terms of Service.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time. No shoes, no shirt, no service.

We reserve the right to force forfeiture of any account that becomes inactive, violates trademark, or may mislead other users.

We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Usage.

Property Rights

Kickly does NOT claim ANY ownership rights in the text, files, fonts, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you upload on or through the Kickly Services.

Kickly does NOT claim ANY ownership or license to the content you create using Kickly. By using Kickly you agree that you have explicit permission to use any graphics, logos, fonts, photos, or other content you upload. You indemnify Kickly, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any claims and expenses, including attorneys’ fees, arising out of your use of the Site or the Service, including but not limited to out of your violation of this Agreement.

You agree to pay for all royalties, fees, and any other monies owing any person because of Content you upload on or through the Service.

Links To Other Sites

Our Site may contain links to third-party sites that are not owned or controlled by Kickly.

Kickly has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Publisher

When the Kickly embed code is installed on a publisher website the company is not responsible for any technical difficulties encountered including conflicts with existing code on the site. Official ongoing support is not offered on the free version of our publisher embed code.

Any opinions expressed by our publishers do not reflect our opinions or views. We do not endorse any publishers.

Governing Law

This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed under the laws of Ontario, Canada, without giving effect to any principles of conflicts of law.

Changes To This Agreement

At our sole discretion, we reserve the right to modify or replace these Terms of Usage by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Usage.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access, or continue to access the Site or discontinue any use of the Site immediately.