Terms of Service

General Information

1.1 Klik App

These Terms of Service (referred to as “Terms”) outline the terms and conditions under which we provide content, products, or services available on the Klik app (referred to as the “App”), accessible through www.klikwith.com (the “Website”), or other designated delivery methods. By utilizing the App, the Website, or obtaining any of the content, products, or services available through these platforms (collectively referred to as the “Product” or “Products”), you acknowledge your acceptance of and agreement to comply with these Terms. The terms “Klik,” “we,” or “us” pertain to Klik App operated by Cumulonimbus, MB. The term “Device” refers to the equipment used for accessing the Products, including but not limited to computers, smartphones, and tablets. The terms “Provider,” “User,” and “you” refer to individuals or entities contributing to the app and creating Products or users accessing and using the Products. When you initiate an order (“Order”) for any of the Products or access and use the Products, you consent to be legally bound by these Terms, along with any applicable laws, rules, and regulations. In certain instances, you may be prompted to click on “I accept” before finalizing a purchase or gaining access to the Products. If you do not click “I accept,” you may not be able to complete your purchase or access the Products. Through your usage of the Products, you demonstrate your acknowledgment and acceptance of these Terms. If you disagree with these Terms, kindly refrain from using the Product.

For any inquiries related to your use of the Products or these Terms, you can reach us at support@klikwith.com. All communication directed toward Klik, including queries and concerns, should be directed to this email address.

1.2 Dispute Resolution And Waiver Of Class Action

Please be aware that these Terms include a clause on dispute resolution. Except for specific dispute categories specified within the dispute resolution clause, both parties, namely you and Klik, concur that conflicts arising from these Terms or your utilization of the Products will be settled through mandatory binding arbitration. Additionally, both parties relinquish their right to engage in class-action lawsuits or class-wide arbitration proceedings.

1.3 Basis Of License

These Terms, along with any Orders, collectively constitute the comprehensive agreement between you and us pertaining to the supply of the Products. For participation in specific Products, you might be required to agree to supplementary terms and conditions. These additional terms are hereby integrated into these Terms. If any disparities arise between these additional terms and the primary Terms, the supplementary terms will take precedence.

Prior to using or committing to purchase the Products, please ensure the accuracy and completeness of the details present within these Terms and on the Order. In the event of any discrepancies, kindly request written confirmation of any modifications. We bear responsibility only for written statements and representations made by an authorized representative of Klik.

By utilizing the Products, you explicitly consent to the processing and storage of your personal information within the European Union. This includes the processing and storage of personal information for payment processing and monitoring individual usage of the Products. By using the Products, you acknowledge your understanding and acceptance that the level of personal information protection within the European Union may differ from that in your country of residence. Nevertheless, you grant your consent to the processing and storage of your personal information within the European Union. We will undertake requisite measures to adhere to relevant laws regarding the transfer, storage, and utilization of specific personal information.

1.4 Changes To Terms

Klik reserves the right to modify or update these Terms, along with other policies or practices, at any juncture. Notifications regarding such changes or updates will be conveyed to users through postings of revised Terms on this page. Effective alterations or updates will be immediate upon posting on www.klikwith.com. Your continuous use of the Klik signifies your adherence to the revised Terms. In specific scenarios, we might also opt to inform you of amendments or updates to these Terms via alternate channels, such as pop-up or push notifications within the Products or email notifications.

Users and Providers

2.1 Becoming a User

You have the option to register as a user of the Klik without any associated charges (referred to as a “User”). To become a User, you will be required to navigate to the relevant section within the Klik app, provide us with your email address, and create a username and password for use in conjunction with that email address. It is your responsibility to maintain the confidentiality of your account credentials and limit access to your Device.

During your interaction with the Klik, you may be prompted to furnish specific personalized information to us (this information is subsequently referred to as “User Information”). This User Information might encompass data from your Facebook and similar social networking profiles. Our policies concerning the collection and utilization of User Information while respecting privacy are outlined in the Klik Privacy Policy. You acknowledge and concur that the accuracy and substance of User Information rest solely on your shoulders. Additionally, you commit to ensuring the continuous accuracy of such information.

By initiating an Order via the Products, you affirm the following:

(a) You possess the legal capacity to engage in binding agreements. (b) The registration information you supply is truthful and precise. (c) You will uphold the accuracy of said information. (d) Your utilization of the Products remains compliant with all relevant laws and regulations.

2.2 Provider Accounts

In addition to becoming a User, you have the opportunity to establish a Provider account (a “Provider”). Providers are distinct from Users and are individuals or entities that contribute content or services to the Klik. To become a Provider, you must follow the relevant process within the Klik app, which may involve submitting additional information for verification purposes.

As a Provider, you are responsible for the content you create and contribute to the Products. You affirm that the information provided during the Provider account setup is accurate and complete.

Provider accounts are subject to additional terms and conditions specific to Providers. These terms will be made available to you during the Provider account setup process.

The relationship between Providers and Users is governed by these Terms, along with any applicable additional terms for Providers.

Klik reserves the right to review and approve Provider accounts, and to take appropriate action, including suspension or termination, in cases of non-compliance with these Terms or any additional Provider-specific terms.

Any personal information or data provided during the Provider account setup will be handled in accordance with the Klik Privacy Policy.

2.3 Once a User or Provider

You are responsible for maintaining the confidentiality of your account, password, and other User Information and for restricting access to your Device to further help protect such information. You are also responsible for updating your User Information to ensure its accuracy.

2.4 Access to Klik by Minors

To sign up as a registered user of the Products, you are required to be at least 18 years old or the age of majority in your respective province, territory, or country. If you are below the age of 18 or the specified age of majority, you may utilize the Products solely under the guidance and approval of a parent or legal guardian. In such instances, usage must take place under the parent or legal guardian’s account and is subject to these Terms.
To become a Provider, you must meet specific criteria, including having a valid bank account and being at least 18 years old or younger, as dictated by the legal age in your respective country or jurisdiction.

2.5 Compitabilty Of Devices

For a seamless experience of Klik using your smartphone or other electronic Device, it’s important that your Device fulfills certain system requirements. Detailed information regarding these requirements can be accessed at the app marketplaces hosted by Google and Apple.

2.6 Provision Of Amended Fees And Charges

Klik possesses the authority to, at its sole discretion, provide adjustments to existing fees and charges or introduce novel fees and charges associated with any of the Products. We will provide you with prior notification spanning a minimum of 30 calendar days before implementing such modifications. Should you find yourself in disagreement with the proposed adjustments, you retain the option to terminate your User or Provider account. This can be executed via adjustments within your account settings or by getting in touch with us via support@klikwith.com.

Termination of User, Provider accounts

3.1 Account Termination By You

You maintain the right to cancel your User or Provider account on Klik at any given time. The cancellation will take effect immediately upon your request.

Kindly note that once you cancel your User or Provider account, the associated content, data, and privileges will cease to be accessible on Klik.

For further assistance regarding account cancellation procedures, please refer to the instructions provided within the Klik app or reach out to our support team at support@klikwith.com.

3.2 Termination By Klik

We retain the right to suspend or terminate your utilization of the Products in response to instances of fraud or your violation of any obligations outlined within these Terms. Such suspension or termination may occur abruptly and without prior notification. Violation of these Terms encompasses unauthorized actions such as copying or downloading our audio or video content from the Klik.

It is imperative to recognize that any termination or suspension may result in the forfeiture of access to your User or Provider account on Klik, along with the content, data, and privileges associated with it.

If you require additional clarification regarding the circumstances under which account termination or suspension may take place, we encourage you to refer to the information provided within the Klik app or get in touch with our support team through support@klikwith.com.

Inappropriate Utilization Of The Products

4.1 Software and Network Integrity

You are prohibited from introducing materials that contain software viruses or any code aimed at disrupting or damaging computer software, hardware, or equipment connected to Klik’s Products. Additionally, interfering with servers or networks linked to the Products, or violating related protocols, policies, or regulations, is strictly forbidden. Unauthorized access is not allowed.

4.2 Appropriate Conduct

While engaging with Klik’s Products, refraining from impersonating others and maintaining respectful behavior is essential. Usage of the Products for any unlawful, unethical, or harmful intent is strictly prohibited.

4.3 Legal Implications

Breaching the provisions in this Section 4 may constitute a criminal offense as per applicable laws. Klik reserves the right to report breaches to law enforcement and collaborate in investigations by disclosing identity information. Such violations result in an immediate termination of your access to the Klik.

4.4 Research and Analysis Restrictions

Usage of the Products for scientific research, analysis, or evaluation purposes necessitates explicit written consent from Klik. Unauthorized utilization for these activities is prohibited.

Content Available via Klik

5.1 Copyright

The entirety of materials, encompassing software and content, within the Klik platform is owned by Klik (or its affiliates and/or third-party licensors, where relevant), unless otherwise specified. You acknowledge and accept the intrinsic value of these materials. Apart from the specific and limited license granted for their use, no ownership rights to these materials shall be acquired by you. The materials may only be employed as outlined in these Terms, as well as any other applicable terms and conditions provided to you, with our prior written authorization.

You acknowledge that specific materials within the Klik platform are the property of third-party licensors. Each such licensor has the right, without prejudice to other rights and remedies, to directly enforce relevant provisions of Section 12 against you.

Audio, video, and any other forms of media content available on the Klik platform that haven’t been expressly designated as downloadable must not be procured or duplicated from the Klik platform or any affiliated device.

The Klik platform is not intended for commercial use. We hold the authority to remove commercial advertisements, affiliate links, and any other forms of solicitation without prior notice. Such actions could also result in the revocation of privileges. Utilizing any elements of materials within the Klik platform for commercial purposes necessitates obtaining written consent from us. Reproduction or distribution of materials from the Klik platform is strictly prohibited without our prior written approval. Engaging in unauthorized use or contravening these Terms will immediately revoke your access to the Klik platform and may lead to legal consequences. It’s essential not to utilize the Klik platform for unlawful purposes, including but not limited to actions that are unlawful, harassing, libelous, invasive of privacy, abusive, threatening, or obscene. Full compliance with all pertinent laws, rules, and regulations is expected when utilizing the Klik platform. Any unauthorized or unlawful usage may result in legal actions. However, Providers are permitted to showcase themselves on the platform, but promoting third-party products unrelated to Klik is not within the scope of this allowance.

A limited portion of content may be designated and authorized for users to share through their personal social channels (such as Facebook, Twitter, etc.). In relation to content provided by Klik through the Klik platform that is specifically designated for distribution by users (“Distribution Content”) as part of user-generated commentary, analysis, or review (“User Commentary”), Klik grants a limited right to download, reproduce, and distribute Distribution Content online as part of User Commentary. Modification of Distribution Content is permissible only to facilitate technical display and distribution through computer systems and the internet, provided such changes do not materially alter the content’s essence or quality. Display and distribution of Distribution Content may be subject to additional terms outlined in the content description on the Klik platform, such as limitations on usage dates. You commit not to pair Distribution Content with content known to be false, inaccurate, misleading, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy, hateful, or racially, ethnically, or otherwise objectionable. Distribution Content may incorporate trackers for the collection of distribution and consumption information.

Downloading, displaying, copying, reproducing, distributing, modifying, performing, transferring, creating derivative works, selling, or exploiting content, code, data, or materials within the Klik platform, beyond the scope delineated above, is prohibited. Unauthorized use of the Klik platform’s content, code, data, or materials may result in violation of copyright and other laws of the European Union, other countries, and applicable state laws. Such unauthorized use may also expose you to liability. Klik will vigorously safeguard its intellectual property rights, including seeking criminal prosecution, as permitted by law.

Availability Of Klik Services

6.1 Service Quality and Faults

While our objective is to provide you with the utmost service quality, we cannot assure that the Klik services will precisely meet all your requisites, nor can we ensure a completely faultless experience. If you encounter any issues with the Klik services, kindly bring it to our attention by emailing us at support@klikwith.com or using our in app report system. We will diligently review your concern and, when deemed suitable, rectify the issue. Should the need arise, we might temporarily suspend access to the Klik services during fault resolution. Please understand that we won’t be held accountable if the Klik services are inaccessible for a commercially reasonable duration.

6.2 Scheduled Maintenance and Facility Enhancement

Periodically, your access to the Klik services might be temporarily restricted to facilitate repairs, maintenance, or the integration of new features or services. We will expedite the restoration of Klik services at our earliest convenience. In situations where the Klik services become temporarily unavailable, our standard Order and cancellation procedures will remain in effect. Feel free to inform us of any changes to your Order by reaching out to us via support@klikwith.com.

User and Provider Contributions

7.1 Submission of User and Provider Material

The Klik platform enables you to contribute material: for instance, uploading photos to your profile,uploading photos and videos to your Providers services, posting photos on news feed, initiating discussions and commenting on various subjects across the platform. Within these Terms, the term “User and Provider Material” encompasses all publicly accessible content of any nature that you provide to us. This includes text, files, images, photos, videos, sounds, and creative or literary works. However, User and Provider Material excludes account information, product purchases, or usage details associated with your registration and use of the Klik platform.

This section outlines the mutual rights and responsibilities concerning User and Provider Material. By either reviewing or submitting such material, you signify your agreement to abide by these Terms. If you do not wish to engage with User and Provider Material according to these Terms, we advise refraining from doing so.

7.2 Content Review and Responsibility

We do not conduct systematic reviews of User and Provider Material contributed by you or other users. Consequently, we bear no responsibility for the content of such material. The endorsement of any opinion within such material is not implied. We disclaim any warranties or representations, whether express or implied, regarding User and Provider Material, including its legality or accuracy.

7.3 Editorial Discretion and Restriction

We hold the sole discretion to decline, remove, or edit any User and Provider Material submitted by you. In particular, we reserve the right to restrict, suspend, or terminate your access to the Klik platform if User and Provider Material breaches this section 7. Such actions may be taken with or without prior notice.

7.4 Prohibited User and Provider Material

As part of the User and Provider Material you submit, you confirm the following:

(a) You own the User and Provider Material or possess the requisite rights to submit it. Your submission will not infringe upon any third-party rights, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, confidentiality, or contractual obligations.

(b) Your User and Provider Material is not illegal, defamatory, obscene, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage criminal activities, civil liability, violation of laws, or deemed inappropriate.

(c) Your User and Provider Material does not promote products or services or solicit business.

(d) Your User and Provider Material does not identify individuals below the age of 18. In the case of individuals above the age of 18, you possess their consent to such identification in your User and Provider Material. Moreover, your User and Provider Material does not involve impersonation.

(e) You will not collect usernames and/or email addresses of users for unsolicited communication.

(f) You will not partake in criminal or tortious activities, such as fraud, spamming, sending viruses, copyright or patent infringement, or unauthorized data access. Nor will you attempt to impersonate other users or persons.

(g) You will not engage in automated system use, including using scripts to alter our content.

(h) You will not access, tamper with, or use non-public areas of the Klik platform or Klik’s computer systems without authorization.

(i) You will not probe, scan, or test system vulnerabilities or breach security measures without authorization.

(j) You will not attempt to access, tamper with, or use non-public areas of the Klik platform, our computer systems, or the technical infrastructure of our service providers, without authorization.

7.5 Liability and Infringement Claims

We reserve the right to disclose your identity to third parties claiming that their rights have been infringed by User and Provider Material submitted by you.

7.6 Non-Confidentiality and Grant of Rights

User and Provider Material is not treated as confidential. By submitting User and Provider Material, you agree not to expect privacy regarding such content. We do not assert ownership over User and Provider Material. However, through the submission of User and Provider Material, you grant Klik an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, broadcast, copy, perform, display, edit, distribute, and otherwise exploit the submitted material, or any part thereof. This license extends to ideas, concepts, or knowledge contained within the material. The license allows usage with or without attribution, and without seeking permission or remuneration from you or any other entity. This usage encompasses various forms, including commercial, publicity, trade, promotional, or advertising purposes, across all media known or developed in the future. Additionally, this license permits the creation of derivative works or incorporation into other works. Klik also holds the authority to grant sublicenses of the aforementioned rights, without any monetary compensation to you or any third party. Furthermore, Klik may include your User and Provider Material in Klik’s distributed content accessible through the Klik platform. Please be aware that Klik has limited control over User and Provider Material once it leaves the Klik platform. Thus, it’s possible for others to replicate material found on the platform, potentially on other internet sites. You affirm that you possess ownership or control over the rights to your User and Provider Material. By submitting, you also agree to indemnify Klik and its affiliates against claims arising from your User and Provider Material or any associated damages.

7.7 Non-Proprietary Submissions

Any inquiries, feedback, suggestions, ideas, or other information unrelated to your use of the Klik platform (“Submissions”) are treated as non-proprietary and non-confidential. Upon submitting Submissions through the Klik platform, you grant Klik an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, broadcast, copy, perform, display, edit, distribute, and otherwise exploit the Submissions, or any part thereof. This license applies with or without attribution, without the need for permission or compensation from you or any other party. It encompasses various purposes, including commercial, publicity, trade, promotional, or advertising objectives, across all current and future media forms. This license further permits the creation of derivative works or their incorporation into other works. Please note that your Submissions won’t be returned, and Klik is not obligated to acknowledge receipt or respond to Submissions. By making a Submission, you confirm ownership or control over the rights to it. You also agree to indemnify Klik and its affiliates against claims related to your Submissions or any resulting damages.

Links To External Websites/Home Page

8.1 Klik may include links to external websites or services for your convenience. You acknowledge that you access these links at your discretion and for informational purposes. We do not review or endorse these websites or services. We hold no responsibility for:

(a) The availability of these external sources,

(b) The privacy practices they employ,

(c) The content, advertisements, products, goods, or other materials available through them, or

(d) Any damages, losses, or offenses resulting from your use of or reliance on these external websites or services.

8.2 You may establish a link to Klik’s home page, provided you do so in a manner that is both fair and lawful, avoiding any harm to our reputation or unauthorized appropriation of it. Your link must not imply an association, approval, or endorsement on our part where none exists. Links must not originate from websites that you do not own. The Klik platform shall not be framed within another website, nor should you create a link to any part of the Klik platform without obtaining written permission from Klik.

We retain the right to withdraw linking permission by delivering written notice. Any website linking to the Klik platform must fully adhere to the content standards outlined in our acceptable use policy. If you seek to use materials from the Klik platform beyond the scope outlined above, kindly direct your request to support@klikwith.com

Products Disclaimer

The content presented on the Klik platform serves as general information and should not be considered as professional advice. Although we strive to maintain accurate and current information, we disclaim any warranties, express or implied, concerning the completeness, accuracy, reliability, suitability, or availability of the content found on the Klik platform for any specific purpose. Relying on such information is solely your responsibility and entails inherent risks.

End User License

10.1 In accordance with the terms outlined in this license agreement (“License Agreement”), as expounded within this section, in conjunction with the relevant clauses specified in these Terms, and following your payment of pertinent fees, Klik provides you with a limited, non-exclusive, revocable license. This license enables you to engage in the purchase of video call services or offer your services as a provider on the Klik platform for personal, non-commercial purposes.

10.2 The Products encompass copyrighted material, proprietary content, and other intellectual property owned by Klik or its licensors. Ownership and rights to the Products remain vested in Klik or its licensors, as appropriate. The right to access and utilize the Products is granted through a license and is not a sale. You possess no ownership rights beyond utilizing the Products in adherence to this License Agreement and our other Terms.

10.3 You agree not to engage in, and not to aid or facilitate any third party in:

(a) Replicating, transmitting, modifying, or creating derivative works from the Products;

(b) Using the Products to develop tools, software, or services unrelated to the Klik platform;

(c) Renting, leasing, loaning, making available to the public, selling, or distributing the Products (wholly or partly);

(d) Tampering with the Products or bypassing any technology employed by Klik or its licensors to safeguard accessible content via the Products;

(e) Evading any restrictions applicable to the Products;

(f) Employing the Products in a manner that contravenes this License Agreement or the other stipulated Terms.

10.4 Sharing the Products publicly is prohibited. The Products, whether entirely or partially, are owned by Klik or its licensors, and your utilization must align with these Terms.

Digital Millennium Copyright Act (“DMCA”) Notice

11.1 Our commitment to adhering to copyright and related laws is unwavering, and we expect all Klik users to respect these laws as well. Consequently, you must not store or disseminate any material or content through the Klik platform in a manner that constitutes infringement of third-party intellectual property rights, including those conferred by copyright law. Copyright holders in the United States who believe their rights under copyright law have been violated can avail certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report suspected infringements. You are prohibited from posting, modifying, distributing, or reproducing copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the rightful owner of such proprietary rights. Our policy is to revoke access for any user who repeatedly infringes upon the copyright rights of others upon receiving proper notification from the copyright owner or their legal representative.

11.2 If you encounter content that you find objectionable or suspect to be infringing, we urge you to contact us promptly. Upon receipt of an accurate notice of alleged infringement under the DMCA, we will promptly take action to remove, or disable access to, the material reported as infringing. We will also follow the prescribed DMCA procedures to address the claim between the notifying party and the alleged infringer responsible for the contested content. You can direct such notices to our designated agent (the appropriate party) listed below.

11.3 If you believe your work has been copied and posted on the Klik platform in a manner that constitutes copyright infringement, please provide our designated agent with the following details:

(a) An electronic or physical signature of the person authorized to act on behalf of the copyright or other intellectual property holder;

(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) The location on the Klik platform where you believe the infringing material is located;

(d) Your address, phone number, and email address;

(e) A statement from you asserting that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, their agent, or the law;

(f) A statement from you, under penalty of perjury, affirming the accuracy of the information in your report and confirming that you are the copyright or intellectual property owner or have the authority to act on their behalf.

(g) Our designated agent for copyright infringement claims can be contacted as follows:

By Mail: Sodžiaus g. 26-16, Vėžaičiai, Klaipėdos r., LT-96219, Lithuania

By Email: administration@klikwith.com, Subject line: DMCA

General Terms and Conditions

12.1 Assignment By Us

Klik reserves the right to transfer its rights and obligations outlined in these Terms to any company, firm, or individual at any time, as long as such a transfer does not substantially impact your rights under these Terms. However, you are not permitted to transfer your rights or obligations under these Terms to any other party. These Terms are specifically applicable to you, and no external party is entitled to gain benefits under these Terms, except as explicitly detailed herein.

12.2 Your Indemnification

You agree to indemnify and hold Klik and its directors, officers, members, investors, managers, employees, and agents harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from your use of the Klik platform, your actions as a user or provider, your content, or any violation of these Terms or applicable laws. Klik reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such cases, you agree to cooperate with Klik’s defense of such claims.

12.3 Warranties and Disclaimers

Klik cannot guarantee the effectiveness of providers’ skills or assistance.

Klik cannot assure that providers will be capable of providing assistance.

Klik guarantees a refund in the event of fraudulent activity, ensuring the security of your transactions.

Klik cannot assure the proficiency of providers; users can gauge this primarily through ratings as Klik is an open marketplace where provider skills vary.

The Klik platform and its content are provided “as is,” and we make no representations or warranties of any kind regarding them, including their accuracy, completeness, or currency. We assume no responsibility for any errors, omissions, failures, delays, or interruptions in the provision of the Klik platform. We disclaim and exclude any express or implied warranties or representations, including warranties of merchantability or fitness for a particular purpose, to the extent permitted by law. We do not guarantee the timeliness, accuracy, quality, completeness, or existence of the content and information posted on the Klik platform. We make no assurances regarding technical accessibility, fitness, or flawless operation of the Klik platform. We do not warrant that your use of the content and information posted on the Klik platform will not violate the rights of third parties.

Nothing in this section 12.3 or elsewhere in these Terms shall exempt or limit Klik’s liability for: fraud; death or personal injury caused by negligence; or liability that cannot be excluded or limited under applicable law.

All conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity are excluded to the extent permitted by law.

12.4 No Waiver

In the event that we choose to delay, abstain from, or neglect to exercise or enforce any right available to us under these Terms within the context of Klik, such delay or omission shall not be deemed as a waiver of that right or any other rights under these Terms.

12.5 Force Majeure

We shall not be held liable to you for any instances of non-performance, unavailability, or failure of the Klik platform, nor for any failure or delay on our part to adhere to these Terms, if such circumstances are a result of causes beyond our reasonable control.

12.6 Interpretation

Within these Terms, unless the context dictates otherwise:

any phrase preceded by the terms “including,” “include,” “in particular,” “for example,” or similar expressions will be considered illustrative and not restrictive of the scope of preceding terms;
references to the singular form also encompass the plural, and references to the masculine form also include the feminine, and vice versa in each case.

12.7 Electronic Communications

Relevant laws stipulate that certain information or communications we send to you should be in writing. By using the Klik platform, you agree to engage in electronic transactions with us, and that our communication with you will primarily be electronic. We will reach out to you via email or furnish information by posting notifications on the Klik platform. You consent to this electronic form of communication, and you recognize that all contracts, notices, information, and other communications that we provide to you electronically adhere to any legal prerequisites for written communication.

You hold the right to receive a paper copy of the communications. To request a paper copy, please email us at support@klikwith.com

We might impose a reasonable service fee for mailing you a paper copy of any communication. We will either include this service fee in our fee schedule or inform you of the charge beforehand, giving you the choice to proceed with the paper copy request. Kindly ensure you indicate that you are requesting a copy of the specific communication.

To receive and view an electronic copy of the communications, you need the following equipment and software:

A personal computer or another device capable of accessing the internet. Your access to this page verifies your system/device meets these requirements.

An internet web browser supporting 128-bit SSL encrypted communications, JavaScript, and cookies. Your system/device must have 128-bit SSL encryption software. Your access to this page verifies your browser and encryption software/device fulfill these requirements.

To retain a copy, you must have either a printer connected to your personal computer or device or the ability to save a copy through a printing service or software like Adobe Acrobat®. If you have a word processor or text editor program on your computer, you can also copy the text, paste it into a new document in the word processor or text editor, and save the text.

You can also reach out to us via email at support@klikwith.com to withdraw your consent to receive future communications electronically, including if the system requirements outlined above change and you no longer possess the necessary system. If you withdraw your consent, we may terminate your use of the Klik platform.

We maintain the right, at our sole discretion, to discontinue the provision of electronic communications or to terminate or alter the terms and conditions under which we offer electronic communications. We will notify you of any such termination or alteration in compliance with applicable laws.

12.8 Notices

Unless explicitly stated otherwise, any notices you need to give to us should be directed to Klik at support@klik.app. We may send notices to you via the email address you provide during registration or through any of the methods outlined in section 12.7 above. A notice will be considered received and appropriately delivered as soon as it is posted on the Klik platform or when an email or other electronic communication is dispatched. To validate the proper delivery of a notice via email, it is adequate to establish that the email was sent to the indicated email address of the intended recipient.

12.9 Entire Agreement

These Terms, along with any explicitly referenced documents, constitute the complete agreement between us, and they supplant all previous discussions, correspondences, negotiations, prior arrangements, understandings, or agreements between us concerning the subject matter herein. We both acknowledge that neither of us places reliance on, or possesses remedies in connection with, any representation or warranty (whether made unintentionally or negligently) that is not expressly outlined in these Terms or the documents they refer to. Both parties agree that our sole responsibility concerning the representations and warranties delineated in this agreement (whether made unintentionally or negligently) will be related to a breach of contract. This section does not limit or exclude liability for fraud.

12.10 Third Party Rights

Except for section 11 (DMCA), these Terms do not confer any rights on individuals or entities who are not parties to this agreement.

12.11 Our Liability

We will make reasonable efforts to address any issues with the Klik platform. If we fail to comply with these Terms, our liability to you will be limited to the amount you paid for the relevant service. Additionally, we shall not be liable for:

Errors or slow operation of computers during registration, subscription, or data transmission, or damage resulting from information submitted by you not being received promptly or not being considered due to technical faults in our software or hardware, whether within or outside our control.
Loss or damage caused by viruses or malicious software that may infect your device, computer equipment, software, data, or other property while accessing, using, or downloading from the Klik platform, or from emails or attachments received from us.
Any issues related to third-party websites linked to the Klik platform but operated by others.

12.12 Arbitration

Please review the following sections carefully, as they pertain to the arbitration of disputes with Klik and outline the process for seeking relief from Klik.

Applicability of Arbitration Agreement. All disputes arising from or related to these Terms or your use of the Klik platform that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis. This arbitration agreement does not apply to disputes in which either party seeks equitable relief for alleged unauthorized use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

Arbitration Rules. The interpretation and enforcement of this dispute resolution provision are governed by the Federal Arbitration Act. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is unavailable, an alternative arbitral forum will be selected. The arbitration will be conducted by a single neutral arbitrator. The AAA Consumer Arbitration Rules (“AAA Rules”) will govern the arbitration and are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

For claims of $10,000 or less, the initiating party may choose the arbitration to be conducted solely based on documents submitted to the arbitrator, through a non-appearance-based telephonic hearing, or by an in-person hearing in the county of your billing address. In-person hearings, if necessary, will be held at a convenient location for both parties. The arbitrator’s fees and compensation will be in accordance with the AAA Rules, with any remainder paid by Klik. If the arbitrator deems a claim or relief sought to be frivolous or improper, the AAA Rules will govern fees, with reimbursement to Klik for disbursed amounts.

Authority of Arbitrator. The arbitrator will determine jurisdiction and rights and liabilities of you and Klik. The dispute will not be consolidated or joined with other cases or parties. The arbitrator will award remedies available under law, arbitral forum rules, and these Terms. The arbitrator’s award is final and binding.

Jury Trial Waiver. Both parties waive rights to a jury trial and elect for disputes to be resolved through arbitration. In litigation over arbitration awards, jury trials are waived in favor of resolution by a judge.

Class Action Waiver. WHERE PERMITTED BY LAW, CLAIMS SHALL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR CONSOLIDATED ACTION. If this waiver is deemed unenforceable, neither party will arbitrate; claims will be resolved in court as outlined in section 12.13 below.

Opt-Out. You can opt-out of this arbitration agreement by notifying Klik in writing within 30 days of becoming subject to the agreement. Your notice must include your name, address, email, and a clear statement of your intent to opt-out. Send your notice to: Klik App Cumulonimbus, MB, Sodžiaus g. 26-16, Vėžaičiai, Klaipėdos r. sav.,Lithuania, ATTN: Arbitration Opt-out; support@klikwith.com.

Small Claims Court. Either party may bring individual actions in small claims court.

Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Klik.

12.13 Exclusive Venue

If the parties are allowed under these Terms to commence litigation in a court, you and Klik mutually agree that all claims and disputes arising from or related to these Terms or the utilization of the Klik platform will be exclusively litigated in the courts of Lithuania. Both parties consent to the personal jurisdiction of these courts.

12.14 Severability

In the event that any provision of these Terms is deemed unenforceable, that specific provision will be removed from these Terms, and it will not impact the validity and enforceability of the remaining provisions.

These Terms are effective and were most recently updated on August 18, 2023.

Klik app is located in Sodžiaus g. 26-16, Vėžaičiai, Klaipėdos r. sav., Lithuania