Last updated on June 6, 2024
Kiksasa's Terms of Service and Acceptable Use Policy
Terms of Service
Introduction
These Terms of Service govern your use of the website located at https://www.kiksasa.com, the https://app.kiksasa.com/ (the “application”) and any services provided by Kiksasa.
By accessing https://www.kiksasa.com, https://app.kiksasa.com/, or any other Kiksasa services, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Kiksasa, LLC.
We, Kiksasa, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on June 1, 2024.
Limitations of Use
By using this website, the Kiksasa application, and associated services you warrant on behalf of yourself, your users, and other parties you represent that you will not:
1. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website and/or application;
2. remove any copyright or other proprietary notations from any materials and software on this website and/or application;
3. transfer the materials to another person or "mirror" the materials on any other server;
4. knowingly or negligently use this website, application or any of its associated services in a way that abuses or disrupts our networks or any other service Kiksasa provides;
5. use this website, the application or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
6. use this website, the application or its associated services in violation of any applicable laws or regulations;
7. use this website and/or the application in conjunction with sending unauthorized advertising or spam;
8. harvest, collect, or gather user data without the user’s consent; or
9. use the platform if you are under the age of 18; or
10.use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
Intellectual Property
The intellectual property in the materials contained in this website are owned by or licensed to Kiksasa and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal,
non-commercial transitory use.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Kiksasa at any time.
User-Generated Content
You retain your intellectual property ownership rights over content you submit to us for publication on our website and/or application. We will never claim ownership of your content, but we do require a license from you in order to use it.
When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.
The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.
You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacypreferences and our Privacy Policy.
Liability
Our website and the materials on our website and/or application are provided on an 'as is' basis. To the extent permitted by law, Kiksasa makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall Kiksasa or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website, the application or the materials on this website, even if Kiksasa or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, "consequential loss" includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort
(including negligence), indemnity or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of Materials
The materials appearing on our website and/or application are not comprehensive and are for general information purposes only. Kiksasa does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.
Links
Kiksasa has not reviewed all of the sites linked to its website and/or application and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Kiksasa of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Right to Terminate
We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Georgia. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Acceptable Use Policy
Introduction
This acceptable use policy covers the products, services, and technologies (collectively referred to as the "Products") provided by Kiksasa, LLC (Kiksasa) under any ongoing agreement. It's designed to protect us, our customers, our partners and the general Internet community from unethical, irresponsible and illegal activity.
Kiksasa customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination at Kiksasa’s sole discretion. In extreme cases, we may be legally obliged to report such customers to the relevant authorities.
This policy was last reviewed on June 1, 2024.
Fair Use
We provide our services with the assumption your use will be "business as usual", as per our offer schedule. If your use is considered to be excessive, then additional fees may be charged or capacity may be restricted.
We are opposed to all forms of abuse, discrimination, rights infringement and/or any action that harms or disadvantages any group, individual or resource. We expect our customers and, where applicable, their users ("end-users") to likewise engage our Products with similar intent.
Customer Accountability
We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products with the customers permission. This responsibility also applies to anyone using our Products on an unauthorized basis as a result of the customers failure to put in place reasonable security measures.
By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question.
If a customer or their end-user or anyone using our Products as a result of the customer violates our acceptable use policy, we reserve the right to terminate any Products associated with the offending account or the account itself or take any
remedial or preventative action we deem appropriate without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our acceptable use policy.
Copyright Infringement and Access to Unauthorized Material
Our Products must not be used to transmit, distribute or store any material in violation of any applicable law. This includes but is not limited to:
i. any material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and
ii. any material that Kiksasa determines to be obscene, defamatory, constitutes an illegal threat or violates export control laws, and
iii. Any personally identifying information (PII)
The customer is solely responsible for all material they input, upload, disseminate, transmit, save. create or publish through or on our Products, and for obtaining legal permission to use any works included in such material.
Spam and unauthorized message activity
Our Products must not be used for the purpose of sending unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction (spam). This includes but is not limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.
Our Products must not be used for the purpose of running unconfirmed mailing lists or telephone number lists ("messaging lists"). This includes but is not limited to subscribing profile information, email addresses or telephone numbers to any messaging list without the permission of the profile, email address or telephone number owner, and storing any email addresses or telephone numbers subscribed in this way. All messaging lists run on or hosted by our Products must be "confirmed opt-in". Verification of the address or telephone number owners express permission must be available for the lifespan of the messaging list.
We prohibit the use of email lists, telephone number lists or databases purchased from third parties intended for spam or unconfirmed messaging list purposes on our Products.
This spam and unauthorized message activity policy applies to messages sent using our Products, or to messages sent from any network by the customer or any person on the customers behalf, that directly or indirectly refer the recipient to
a site hosted via our Products.
Unethical, exploitive, and malicious activity
Our Products must not be used for the purpose of advertising, transmitting or otherwise making available any software, program, product or service designed to violate this acceptable use policy, or the acceptable use policy of other service providers or partners. This includes but is not limited to facilitating the means to send spam and the initiation of network sniffing, credential stuffing, pinging, packet spoofing, flooding, mail-bombing and denial-of-service attacks.
Our Products must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorized to access the resource (e.g. "hacking", "cracking", "phreaking", etc.).
Our Products must not be used for the purpose of intentionally or recklessly introducing viruses or malicious code into our Products and systems.
Our Products must not be used for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial of-service attacks, hate-speech, advocacy of intolerance of racial, cultural, sex or sexual identity, religion, ethnic, age, education, financial status, sexual orientation/identity and any activity intended to threaten, abuse, infringe upon the rights of or discriminate against any group or individual.
Other activities considered unethical, exploitative and malicious include:
1. Obtaining (or attempting to obtain) services from us with the intent to avoid payment;
2. Using our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;
3. The unauthorized access, alteration or destruction (or any attempt thereof) of any information about our customers or end-users, by any means or device;
4. Using our facilities to interfere with the use of our facilities and network by other customers or authorized individuals;
5. Publishing or transmitting any content of links that incite violence, depict a violent act, depict child pornography or threaten anyone's health and safety;
6. Any act or omission in violation of consumer protection laws and regulations;
7. Any violation of a person's privacy.
Our Products may not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who support the above such activities or causes.
Unauthorized use of Kiksasa Property
We prohibit the impersonation of Kiksasa, the representation of a significant business relationship with Kiksasa, or ownership of any Kiksasa property (including our Products and brand) for the purpose of fraudulently gaining service, custom, patronage or user trust.
About This Policy
This policy outlines a non-exclusive list of activities and intent we deem unacceptable and incompatible with our brand. We reserve the right to modify this policy at any time by publishing the revised version on our website.
We’ve included many of these terms to legally protect ourselves, but if you have an issue, always feel free to email us at contact@kiksasa.com and we’ll do our best to resolve it in a fair and timely fashion.
