Please read the terms and conditions set forth below (collectively, the "Terms of Service") carefully before accessing or using this website (the "Site") and/or services (collectively, "Our Services") made available by KissOrSplat.com or Kissplat.com (individually and collectively, "KS") or their owners or other affiliates (individually and collectively, "We"/"Us"/"Our").

This document constitutes an agreement ("Agreement") between you (the "User") and Us. By using the Site and/or Our Services or placing an order with Us you agree to this Agreement and, without limitation, also Our Privacy Policy.

This Agreement comprises three integral sections:

1. GENERAL TERMS
2. TERMS OF USE
3. TERMS OF SALE

I.1. ACCEPTANCE

You, meaning you as an individual, and if applicable, the company or other legal entity you represent or on whose behalf you use Our Services or otherwise act (individually and collectively, "You"), agree to and are bound by these Terms of Service and in any modified or additional terms that We may publish from time to time on this Site. You understand and agree freely, voluntarily, and with full knowledge and understanding of its terms and conditions, that this Agreement is enforceable against You. If You do not agree to all of the terms and conditions contained in these Terms of Service, do not access or use this Site and/or Our Services. If You are entering into this Agreement on Your own behalf, You confirm that You are of legal age or that You have Your parents' or legal guardian's consent and permission to do so. If You are entering into this Agreement on behalf of a company or other legal entity (such as your employer or a client), You represent and warrant that You have the legal authority to bind the legal entity to this Agreement. We shall not be held liable should a person without the necessary authorization enter into this Agreement for and on behalf of a legal entity.

We may change these Terms of Service from time to time. Your continued access or use of the Site and/or Our Services constitutes Your acceptance of such changes. Your access and use of the Site and/or Our Services will be subject to the current version of the Terms of Service, including rules and guidelines posted on the Site at the time of such use. If You do not agree to the changes, Your sole remedy shall be to discontinue use of Our Services. If You breach any of the Terms of Service, Your license to access or use this Site and/or Our Services shall automatically terminate.

You agree that You shall not engage in any conduct that shall constitute a violation of any applicable law or regulation or that infringes the rights of Us or any third party (including rights of privacy and publicity). We may suspend or terminate Your access to the Site and/or Our Services, if We suspect misconduct, fraudulent activities or payment, or abuse using Our Services, with or without notice to You.

I.2. INDEMNIFICATION

You agree to defend, indemnify and hold Us (including Our subsidiaries, affiliates, licensors, licensees, officers, directors, shareholders, agents, representatives, employees, third-party information providers, submitters, and independent contractors, each an "Indemnified Party") harmless to the maximum extent permitted by law, against any claims, losses, liabilities, damages, actions, lawsuits, and other proceedings, judgments and awards, and costs and expenses (including, but not limited to, reasonable attorneys' fees and consultancy fees) arising out of or related to Your conduct, Your use or inability to use the Site and/or Our Services, Your breach or alleged breach of these Terms of Service or of any representation or warranty contained herein, Your unauthorized use of the Site and/or Our Services, Your failure to perform Your obligations or exercise Your rights in accordance with all applicable laws, Your negligence, gross negligence or willful misconduct, or Your violation of any laws, rules, regulations, or rights of another.

An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party's prior written consent. To the maximum extent permitted by law, you hereby release each Indemnified Party from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of or in connection with disputes between You and third parties concerning Our Services, the Site, or this Agreement. In connection with the foregoing release, you hereby waive California Civil Code 1542 (and any other applicable law or statute) which substantially states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."

I.3. LIMITATION OF LIABILITY

In no event shall We be liable for any punitive, exemplary, direct, indirect, incidental, special, or consequential damages (including, without limitation, damages for loss of business, loss of revenue or profits, business interruption, or loss of data) arising out of or in conjunction with this Agreement or the subject matter hereof, however caused and under any theory of liability, whether based in contract, tort (including negligence) or other theory of liability, regardless of whether We were advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy.

In any event, if We should be held liable for any damages notwithstanding the terms and conditions of this Agreement, the entire liability of Us (including Our affiliates) with respect to Our obligations under this Agreement or otherwise, for any reason and upon any cause of action, regardless of the number of actions or number of licensed copies of the products (and whether based in contract, strict liability, negligence, or otherwise) shall not exceed, the net value of the product or service or order in question. No cause of action which accrued more than one (1) year prior to the filing of a suit alleging such cause of action may be asserted against Us or Our affiliates.

Some jurisdictions do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so certain of the above limitations or exclusions may not apply to You. No other limitation contained in this Agreement shall limit Our liability to You, to the extent such limitation is prohibited by applicable law. The limitations of liability in this Agreement shall survive even if any exclusive or limited remedies provided in this Agreement should fail of their essential purpose.

I.4. DEFINITIONS

"KS Product" means any product or service offered for sale and/or use by Us.

"KS Tools" refers to a particular KS Product which is a piece of software, supported by data services at this Site, made available for the purpose of collecting feedback from website visitors.

"KS Feedback" means feedback (including comments) collected using KS Tools.

"KS Site" means any website where KS Tools have been installed for the purpose of collecting KS Feedback from visitors.

"KS Account" means an account You have signed-up for at Our Site for the purpose of managing Your use of Our Services including services related with KS Tools.

"Administrator" means a person who has access to the code of and maintains a website where KS Tools are used to collect KS Feedback.

"Contributor" means a person invited by an Administrator to give KS Feedback in a non-anonymous fashion. This person must allow KS Tools to install a cookie through the KS Site to be recognized when giving KS Feedback.

"Collaborator" means a Contributor who has additionally the authority provided by an Administrator to view reports of a KS Site.

"End User" means visitor of a KS Site who can provide anonymous KS Feedback.

"Subscription Plan" means a sellable service package with a fee and a billing cycle (whether charged outright for some term or not and whether renewing automatically or not) for using optional features of KS Products.

"Personal Data" means data about an individual who can be identified from those data (or from those and other information either in Our possession or likely to come into Our possession).

"Data Controller" means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any Personal Data are, or are to be, processed.

"Data Processor" means any natural or legal person who processes Personal Data on behalf of a Data Controller.

"KS Trademark" means any common law or registered trademark, logo, service mark, trade name, internet domain name, or other indication of origin now or in the future used by Us.

I.5. TRADEMARKS

You agree that You will not use any KS Trademark in any manner that might tarnish, disparage, or reflect adversely on such Trademark or on Us. You agree that You will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any KS Trademark or the Trademark rights claimed by Us. You agree that You will not use any KS Trademark or any variant thereof (including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data. You may not at any time, adopt or use, without Our prior written consent any word or mark which is similar to or likely to be confused with a KS Trademark.

I.6. NOTICES

Any notice to Us that is required or permitted by this Agreement shall be in writing and shall be deemed given if sent using Our Contact Form, two (2) Business Days after You sent the form.

Any notice to You that is required by this Agreement shall be in writing and shall be deemed given if sent by email to the email address that We have in Our records for You, upon the earlier of Your receipt of the email, or two (2) Business Days after We sent the email (provided that We did not receive a message indicating that the delivery of the email was unsuccessful).

I.7. GOVERNING LAW

These Terms of Service are governed by and shall be construed and enforced in accordance with the laws of Switzerland, without giving effect to any conflict of laws provisions, and the application to this Agreement of the United Nations Convention of Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act is expressly excluded. These Terms of Service shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Swiss Rules of International Arbitration in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be Kanton Zurich, Switzerland. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration.

If You are located in the EEA, You will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this Agreement, including this clause, affects Your rights as a consumer to rely on such mandatory provisions of local law.

We shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against You in the event that, in Our opinion, such action is necessary. You agree and acknowledge that any breach or threatened breach by You of this Agreement may cause Us irreparable injury for which the recovery of money damages would be inadequate. Therefore, in addition to any other remedies that may be available at law, in equity, or otherwise, We shall be entitled to obtain injunctive relief against the breach or threatened breach of this Agreement, without the necessity of proving actual damages, or posting a bond, even if otherwise normally required.

I.8. MISCELLANEOUS

Our failure or delay in the performance of any of Our obligations under this Agreement shall be excused to the extent and for the duration that such failure or delay is occasioned by a force majeure event which shall include, without limitation, acts of God, acts of war, earthquakes, fires, floods, terrorism, riots, civil disorders, rebellions, labor disputes, pandemia, or any other circumstances beyond Our reasonable control.

The invalidity or unenforceability of any part of this Agreement shall not affect the validity or enforceability of the balance hereof. If you do not comply with these Terms of Service, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).

This Agreement does not create any third party beneficiary rights. You may not assign, transfer, or delegate any portion of this Agreement without Our prior written consent. Your attempt to assign, transfer, or delegate this Agreement without Our consent will be null and void. We may assign, transfer, or delegate any portion of this Agreement with or without notice to You. We may modify or suspend the Site or Our Services, at any time for any reason with or without notice to You, provided that such modification or suspension shall not infringe upon any of Your rights arising out of this Agreement.

This Agreement sets forth the entire understanding between You and Us relating to the subject matter of Your use of Our Services, and supersedes all prior or contemporaneous negotiations, understandings, agreements, proposals, and representations, written or oral, between You and Us. In the event of a conflict among the terms and conditions of this Agreement and the terms and conditions of any other agreement between You and Us, the terms and conditions of this Agreement shall prevail.

The headings contained in this Agreement are intended solely for convenience of reference and are not intended to be part of or affect the meaning or interpretation of this Agreement. The words "shall", "agree", and "will" are mandatory, the word "may" is permissive, the word "or" is not exclusive, and the singular includes the plural and vice versa. "Business Day" shall mean Monday through Friday, excluding New Year's Day, Christmas Day, and other common holidays. All time period references in the Agreement to "days" other than "Business Days" shall be deemed to refer to calendar days. All references to "days" or "Business Days" shall mean consecutive days or Business Days.

This Agreement is executed in the English language. In the event this Agreement is translated into another language, and any inconsistency or discrepancy in meaning or interpretation results therefrom, the English language version shall prevail and control.

I.9. TERMINATION

In addition to and not in lieu of Our other rights, We may, upon written notice to You via email, suspend or cancel Your order for delivery of Our Services, use electronic self-help means to terminate Your ability to access Our Services (if permitted by applicable law), block Your use of the Site, or terminate this Agreement, if You fail to comply with any terms and conditions of this Agreement. Any provisions which by their nature contemplate effectiveness beyond the termination of this Agreement shall survive any such termination. Our remedies under this Agreement are cumulative and not exclusive and are in addition to all remedies available at law or in equity.

II.1. LIMITED LICENSE

Subject to Your compliance with these Terms of Service, any applicable license agreement with Us, and the law, you may access and use the Site. We remain the sole owner of all rights, title, and interest in the Site and reserve all rights not expressly granted under these Terms of Service. We may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in Our sole discretion. We provide the Site on an "as is" and "as available" basis.

All content on the Site, including but not limited to images, sounds, video, and related metadata (collectively, Our "Content"), as well as the selection and arrangement of Our Content, are protected by copyright, trademark, patent, trade secret, and other intellectual property laws and treaties. Any unauthorized use of any part of Our Content violates such laws and this Agreement.

You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense, or reverse engineer the Site or any part of Our Content. In addition, You agree not to use any data mining, robots, or similar data and/or image, sound, video gathering, and extraction methods in connection with the Site or Our Content.

Unless You enter into a license agreement with Us, You may not download, distribute, display, and/or copy any part of Our Content (embedding and displaying KS Tools with Your unique ID on Your site is expressly excluded from this limitation). You may not remove any watermarks or copyright notices contained in Our Content.

II.2. SITE TRADEMARKS

The look and feel of the Site (including all page headers and custom graphics) is the trade dress and/or trademark or service mark of KS and may not be copied, imitated, or used, in whole or in part, without Our prior written consent.

All other trademarks, product names, and company names or logos used or appearing on the Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Us, unless expressly so stated.

II.3. YOUR INFORMATION

We may collect information related to Your use of the Site. Third-party platforms through which you access the Site may collect information related to Your use of such third-party platform and make such information available to Us subject to Your agreement with the applicable third-party platform. Our collection and use of all such information shall at all times conform to this Agreement, Our Privacy Policy, and applicable law. We will use and protect Your personal information, such as Your e-mail, in accordance with Our Privacy Policy, the contents of which are incorporated by reference into these Terms of Service.

II.4. YOUR CONTENT

For any text, text message or other text containing document, image, audio, video, or any other content that You upload or post to the Site ("Your Content"), You represent and warrant that: (i) You have all necessary rights to submit Your Content to the Site and grant the licenses set forth herein; (ii) We will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms of Service and all applicable laws.

By uploading Your Content, You grant Us a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, edit, transform, distribute and display (through all media now known or hereafter created), and make derivative works from Your Content. We may also archive or preserve Your Content for disputes, legal proceedings, or investigations. If you submit feedback or suggestions, we may use Your feedback or suggestions without any obligation to You. The above license will continue indefinitely until We decide to remove Your Content.

You may not upload, post, or transmit any video, audio, image, text, or other content that:

• Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;
• Contains any pornographic, defamatory, or otherwise unlawful or immoral content;
• Exploits minors;
• Depicts unlawful or violent acts;
• Depicts animal cruelty or violence towards animals;
• Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition;
• Violates any law, statute, or regulation.

Displaying and/or distributing to the public any watermarked or unlicensed content (whether incorporated into a derivative work or alone) constitutes copyright infringement.

From time to time, We may request feedback and other information from You about Our Services or Your experiences with Our Services ("Feedback"). Providing Us with Feedback is optional. However, if You decide to voluntarily provide Us with Feedback, You grant Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback for any lawful purpose, including, without limitation, the right to reproduce, adapt, publish, translate, distribute, and display all or parts of the Feedback in any medium whatsoever along with Your information as determined by Us in Our sole discretion. We may also use the Feedback in anonymous and aggregate reviews.

II.5. RESTRICTION OF USE

We may block, restrict, disable, suspend, or terminate Your access to all or part of the Site and/or Our Content at any time with just cause, for example in case You are in breach of this Agreement, without prior notice or liability to You. If such action prevents You from using Our Services as part of a Subscription Plan, said Subscription Plan will be cancelled effective immediately.

Any conduct by You that, in Our sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of Your access to the Site without further notice.

Specifying an email address You do not own to cause our system to send automated messages, submitting comments under false pretenses, and spamming Us or others by misusing forms at the Site out of the context for which they are provided are cause for restricting Your use of the Site. In repeated instances of such behavior, We may choose to take further legal action at Our sole discretion.

II.6. LINKS TO THIRD PARTY SITES

In the event that the Site is available through any third-party platform, or if We provide links from the Site to any third-party platform, or permit any third party to link from its platform to the Site, You understand and agree that We make no warranty of any kind, express or implied, and accept no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under Our control, and We provide and/or permit these links only as a convenience to You. The inclusion of any link does not imply affiliation, endorsement, or adoption by Us.

II.7. COOKIE POLICY

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to Your browser from the Site and stored on Your device. Our Privacy Policy explains in detail which cookies we send and for what purpose they are used. Further details of which personally identifiable information we collect at the Site and how We use them are also explained in Our Privacy Policy.

By using the Site, You agree to Us placing cookies on Your device and accessing them when You visit the Site in the future, subject to the provisions as stipulated in Our Privacy Policy. You can instruct Your browser to refuse all cookies or to indicate when a cookie is being sent. The "Help" portion of Your browser should explain how to configure Your browser's cookie handling and also how to locate the file or directory that stores cookies that may be already on Your computer and how to delete any cookies. Note that by deleting or disabling future cookies, Your user experience may be significantly affected and you might not be able to take advantage of many of the functions of the Site.

II.8. WARRANTIES AND DISCLAIMERS

Your use of the Site is at your own risk. The Site is provided by Us under these Terms of Service "as is" and "as available" without warranty of any kind, either express, implied, statutory or otherwise. We expressly disclaim any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, We make no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the Site will be corrected. We make no representations or warranties that the Site will be permitted in your jurisdiction, that any of Your Content submitted by You will be available through the Site or will be stored by the Site, that the Site will meet your needs, or that We will continue to support any particular feature of the Site. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which You first used the Site, and no warranties shall apply after such period.

III.1. YOUR ACCOUNT

In order to install Our KS Tools, more generally to use Our KS Products, or to act as a Contributor or Collaborator, You must create a KS Account by providing Us with all required information, including an email address that You control. You certify that the information You provide Us is complete and accurate. In particular, You warrant that any domain name that You claim as an Administrator is under Your control and that every email address that You register of every person that You invite as a Contributor or Collaborator is real, under the control of that person, and will not be considered as spam by that person.

As soon as You sign-up for Our Services and are assigned a KS Account, You agree to be bound by this Agreement, which includes Our below terms and conditions for the sale and/or use of KS Products as an integral part.

Your KS Account is personal and may not be shared with others. You are responsible for maintaining the security of Your KS Account and for all activity that occurs under Your KS Account. One person or legal entity may not maintain more than one KS Account, however, there are no limitations to the number of domains that KS Tools can be used with under one KS Account.

It is Your responsibility to maintain the confidentiality of Your KS Account and to protect the Personal Data of Your Contributors and Collaborators when using Our Services. We shall not be liable for any losses or damages that You may incur as a result of someone else using Your KS Account, either with or without Your knowledge, unless We have caused such losses or damages intentionally or with gross negligence.

You and Your Contributors and Collaborators may not use Our Services for any illegal or unauthorized purpose. You must not, in the use of Our Services, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

We reserve the right to access Your KS Account, the information that You or Your End Users have provided, and the Data You have stored with Us for providing Our Services, for support, maintenance, statistical evaluation, and servicing purposes, or for any security-related, technical, or billing reasons.

You must not modify, adapt, or hack Our Services, reverse engineer KS Products, or modify another website so as to falsely imply that it is associated with Our Services. You further agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of Our Services or KS Products, use of Our Services or KS Products, or access to Our Services or KS Products without Our express written permission.

If while using Our Services Your bandwidth or memory usage significantly exceeds the average (as determined solely by Us), we reserve the right to disable Your KS Account or throttle your data hosting until You can reduce Your bandwidth or memory consumption.

KS Feedback, including comments, provided through Your KS Site using KS Tools remain accessible through KS Products, and for paid Subscription Plans, Your KS Account. Notwithstanding, by installing KS Tools at Your KS Site, You grant Us a limited, non-exclusive, royalty-free license and right to copy, transmit, edit, transform, distribute and display (through all media now known or hereafter created) KS Feedback provided using KS Tools, and to make derivative works from said KS Feedback, for purposes of providing You and others Our Services, to display visitors of the Site selected portions of said KS Feedback, with or without information about Your KS Site, and to publicly display aggregates and said derivative works of such KS Feedback, without having to obtain any further consent from You.

Comments submitted through Our Services must not:

• Infringe any third party's copyrights or other intellectual property rights or any right of publicity or privacy;
• Contain any pornographic, defamatory, or otherwise unlawful or immoral content;
• Describe unlawful acts or violent acts or exploitation of minors or violence towards animals;
• Promote fraudulent schemes or give rise to a claim of deceptive advertising or unfair competition;
• Violate any law, statute, or regulation.

We have implemented adequate safety measures to store KS Feedback, including comments, provided through Our Services. Notwithstanding, We do not represent and do not provide any warranty of any kind, either express, implied, statutory, or otherwise, that KS Feedback cannot be accessed illegally while in Our possession. We also do not represent and do not provide any warranty of any kind, either express, implied, statutory, or otherwise, that KS Products cannot be accessed illegally by persons without proper authorization.

We disclose KS Feedback provided through Our Services, whether for free or paid accounts, to our affiliates, contractors, and other third parties in order to provide You or others Our Services.

We may use and retain third party contractors to provide Our Service to You or others. As such, You agree that We may sublicense Our rights under this Agreement to third parties to act on Our behalf, provided that such third parties are contractually bound by terms no less protective of You than these Terms of Service. We are solely responsible for paying and resolving all disputes with third party contractors.

In order to provide You and others the best possible Services, We may use feedback and related products to generally improve Our Services and develop new products or services ourselves or in partnership with third parties.

III.2. YOUR LICENSE

You may access a KS Account as an Administrator, Contributor, or Collaborator, or in any combination of these roles. Depending on the role You assume in relation to a particular domain, some of the statements of this subsection may not apply to You.

As an administrator You are entitled to claim ownership of an unlimited number of domains under Your KS Account, provided that You control each such domain. Our Services will assign a separate ID for each registered domain name, valid for a period of five (5) days. Once You install KS Tools (free of charge) with the provided ID on any webpage of the claimed domain and provide one KS Feedback, it will be assigned to You for an unlimited time, or until You drop the domain. If You fail to do so, someone else may claim the domain and will have the same timeframe allocated to install KS Tools.

By using KS Tools as an Administrator, You may process KS Feedback of Your End Users through Our Services under the laws applicable to You and We may process said KS Feedback in accordance with these Terms of Service. You shall be solely and exclusively responsible for the lawfulness of the processing of said KS Feedback of Your End Users, Contributors, and Collaborators. This includes obtaining any consent that You are legally or contractually required to obtain from Your End Users, Contributors, and Collaborators, for example by binding them to Your privacy policy and/or terms of service that should contain appropriate clauses. In particular, You should have obtained the consent of those persons You invite to be Your Contributors or Collaborators.

As an Administrator You agree that You are the Data Controller of Your KS Site and certify that We may act as the Data Processor for KS Feedback provided through KS Tools installed on Your KS Site, and may process the data on Your behalf. Depending on how You setup Our KS Products, certain categories of Personal Data may be processed on Your behalf by Us. The persons affected by the processing of their Personal Data include Your Contributors and Collaborators.

You shall comply with all laws applicable to the processing of Personal Data in connection with the use of Our KS Tools. For clarity, this includes the display and/or processing of any KS Feedback, including comments. Failure to comply may result in the termination of Your Account.

Except as otherwise stated herein, all rights, titles, and interest in Our Services and KS Products and any content and intellectual property rights contained therein is the exclusive property of KS. Unless otherwise specified, KS Products are for Your limited use only and if You copy or download any information or software from this Site You agree that You shall not remove or obscure any copyright or other notices contained therein.

Subject to this Agreement, We grant You a limited, revocable, non-exclusive, non-transferable and non-assignable license to use the Site and/or to access KS Products as a software as a service (SaaS) solution for commercial use, subject to the terms of this Agreement. You hereby agree not to resell any part of Our Services to Third Parties. You may not modify, copy, distribute, or otherwise use Our Site and/or Our Services in any way other than as set out in this Agreement. You shall not use Our Services, including in conjunction with any device, program, or service designed to circumvent any deployed technological measures, in an attempt to control access to, or the rights in, a content file or other work protected by intellectual property laws.

Any breach of the above shall constitute a material breach of this Agreement and shall prompt Us, at Our own discretion, to immediately suspend or terminate Your right to access the Site and/or KS Products.

We commit to securely storing Your Data in accordance with the time frames corresponding to each Subscription Plan. All data exceeding the stated timeframe will be automatically deleted from Our systems. You expressly acknowledge and accept that We do not provide any archiving or backup services, and may delete data that is no longer in use or exceeds the timeframes stipulated for free accounts respectively applicable Subscription Plans.

Unless You specifically withdraw Your consent to this clause by sending Us a notice, You acknowledge and consent that We may make use of Your domain name and corresponding marks, logos, and trade names, to identify You as a user of KS Products.

III.3. PAID SUBSCRIPTIONS AND PRODUCTS

In addition to Our free Services, We offer several different for purchase products and Subscription Plans. Information about Our KS Products and Subscription Plans can be found on the Site.

We will apply gross-up calculation to Your payment. This means that the payment to Us must be made in cleared funds, without any deduction or set-off and free and clear of and without deduction for or on account of any taxes, levies, duties, charges, fees, and withholdings of any nature now or hereafter imposed by any governmental, fiscal or other authority save as required by law. If You are compelled to make any such deduction, you will pay Us any additional amounts as are necessary to ensure receipt by Us of the full amount We would have received but for the deduction. In case we fail to charge You taxes that are applicable in Your jurisdiction, You must report and pay those applicable taxes to the appropriate governmental agencies.

When You enroll for a Subscription Plan with an automatic renewing cycle, You will be automatically charged on the date shown on the subscription section associated with Your Account - if you subscribed for more than one domain, possibly for each domain separately. If there is no automatic renewing cycle in place, you will be prompted to renew your Subscription Plan yourself before the end of its term. You may upgrade or downgrade Your Subscription Plan at any time during the term of the Subscription Plan.

We, together with Our Merchant of Record, reserve the right to verify Your payments. You shall be responsible for any fraudulent or unauthorized transactions made through the Site, including, without limitation, using Your credentials, credit card, debit card, or PayPal account. You hereby grant Us, including Our Merchant of Record, all rights available under applicable law, including, without limitation, the right to use electronic self-help means to terminate Your ability to access KS Products, in case of an attempted or completed fraudulent or unauthorized transaction.

Depending on the product or subscription you purchase You may be asked to enter all of Your payment details for every new or additional order you place with Us.

From time to time, We may, at Our sole discretion, offer free coupons, discounts, or other incentives to increase the use of Our Services. These will be advertised at the Site. We are not obliged to offer such incentives, and may decide to stop providing them at any time of Our choosing. We may stop providing such incentives, without obligation to inform You, as soon as we remove reference to such incentives at the Site.

III.4. OUR DELIVERY POLICY

Upon registering a domain through Your KS Account and obtaining an ID, You can install KS Tools on as many webpages of Your KS Site as You wish free of charge. How the installation of KS Tools can be accomplished has been shown at appropriate sections of the Site. The free version of KS Tools are fully functional. When additional comments are purchased, the number of available comments is immediately adjusted in Your KS Account. Purchasing a paid Subscription Plan only changes which options are available through KS Tools. These options can be set before or after purchasing a paid Subscription Plan and become effective immediately after payment for a Subscription Plan.

In case additional comments purchased do not immediately become available or options connected with a paid Subscription Plan do not automatically become functional due to some unforeseen system error, You can Contact Us so the error can be fixed.

III.5. OUR REFUND POLICY

KS Tools are fully functional free of charge without time limit. Purchasing a paid Subscription Plan only changes which options (such as different animations, colors, etc.) are available through KS Tools. This means that you can try out KS Tools for an unlimited amount of time before you make a purchase.

Nevertheless, We provide a 30-day money-back-guarantee for all paid Subscription Plans. If You are not satisfied with Your purchase and You wish to cancel a Subscription Plan You paid for, use Our Contact Form to write to Us within thirty (30) days upon paying for a Subscription Plan and You will receive a full refund. Cancellations after thirty (30) days upon paying for a Subscription Plan will be effective at the end of the term of the Subscription Plan, which means that You will not receive a refund but Your subscription will not be renewed.

If applicable, You will receive a refund based on the payment method used at the time of payment. Credit / Debit Card payments typically take 3 to 5 working days to credit back into Your account. PayPal refunds typically re-appear in Your account within 48 hours of requesting the refund.

Upon refund of payment for a Subscription Plan or cancellation of a Subscription Plan becoming effective, Your account will revert to a free account and You can continue to use the fully functional KS Tools free of charge until You decide to remove the installation code.

Each Subscription Plan already contains an allowance of a large number of comments. When you top up comments by purchasing additional ones, these become immediately useable and cannot be refunded.

Free coupons that we may issue from time to time are not refundable and will expire after their expiry periods. Each coupon can only be redeemed once, independent of its value, and will expire after such single use. The payment for a Subscription Plan created by redeeming a free coupon cannot be refunded.

Please note that We may suspend or terminate Your access to the Site and/or Our Services, even if You paid for a Subscription Plan, if You are in breach of this Agreement.

III.6. YOUR OBLIGATIONS AS AN ADMINISTRATOR

As You are the Data Controller of Your KS Site, it is Your responsibility to inform Your End Users, Contributors, and Collaborators that when they provide KS Feedback using KS Tools, this KS Feedback can be viewed by others and will be processed by Us as outlined in this Agreement.

It is Your responsibility to obtain the consent of those persons You invite to be Your Contributors or Collaborators. They will have to allow a cookie to be placed through one of Your KS Sites, as explained how at appropriate sections of Our Site, before they can act as Contributor or Collaborator. Said cookie contains a reference to Our database only and is used to identify the user to allow her/him to act as a Contributor/Collaborator.

III.7. LIMITED LIABILITY

Notwithstanding Your right to ask for a refund, We shall not be held liable, for any reason whatsoever, for a KS Product which You may find unsatisfactory or defective. Your evaluation of a KS Product free of charge shall be considered to be definitive approval by You of the quality of said KS Product. Whatever the case may be, Our liability concerning a KS Product shall be limited to the amount of Your payment for said KS Product.

You agree to review all KS Products You install on Your KS Sites before making them public, and You expressly agree that We will not have any liability or indemnity obligations to You based on KS Products if you fail to do so.

Defects present in one part of Our Services shall not be grounds, for any reason whatsoever, for questioning Our Services in their entirety.

We do not acknowledge any guarantee or condition related to Our Services offered, including all implicit guarantees and conditions regarding salability, suitability for a particular purpose, ownership, and non-violation of third-party rights. We shall not be liable, for any reason whatsoever, for special, indirect, or consequential damages or for any other damages of any type resulting from the loss of rights to use, loss of information, or lost profits, whether they result from the performance of a contract, negligence, or other detrimental actions, deriving from or in some way connected with Our Services.

III.8. WARRANTIES AND DISCLAIMERS

Our Services and KS Products are provided under these Terms of Service "as is" and "as available" without warranty of any kind, either express, implied, statutory or otherwise. You use Our Services and KS Products at Your own risk. We expressly disclaim any and all warranties of any kind, whether express or implied, to each and any service or product made available for sale and/or use by Us, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, We make no warranty that: (i) KS Products will meet Your or Your users' requirements; (ii) the quality of KS Products will meet Your expectations; and (iii) any errors or defects in KS Products will be corrected. We make no representations or warranties that the sale and/or use of KS Products will be permitted in your jurisdiction, KS will continue working with any particular system, supplier, contractor, or sub-contractor, or that KS will continue to support any particular feature of Our Services or KS Products.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which You first used Our Services, and no warranties shall apply after such period.