Terms of Service

1. Introduction

Welcome to Klik Email! Please read these Terms of Service before using our website. These Terms of Service ('Terms', 'Terms of Service') govern your use of our web pages located at klik.email operated by Avari, BV (Avari, "Company", "we", "our", 'us'). Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Your agreement with us includes these Terms and our Privacy Policy ('Agreements'). You acknowledge that you have read and understood Agreements, and agree to be bound by them. If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing hello@klik.email so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use the Service.

2. Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing hello@klik.email.

3. Purchases

If you wish to purchase any product or service made available through Service ('Purchase'), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

4. Subscriptions

Some parts of Service are billed on a subscription basis ('Subscription(s)'). You will be billed in advance on a recurring and periodic basis ('Billing Cycle'). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Avari cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the Klik Email customer support team. A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide Avari with accurate and complete billing information including full name, telephone number, and a valid payment method. By submitting such payment information, you automatically authorize Avari to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, Avari will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

5. Fee Changes

Avari, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Avari will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

6. Refunds

When using the Service you agree to waive your rights to refund. Due to high costs of GPU processing and an immediate cost of usage, we do not issue refunds for the original purchase of a one-time payment Contract and Subscription fees. You can cancel subscriptions at any time.

7. Fees and Credits

The Service comprises the Klik Email Engine that generates images based on User input. These generated images ('Klik Email Assets') can be created and downloaded in exchange for Credits.

8. Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ('Content'). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness. By posting Content on or through Service, you represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain any rights you have to the Content you submit, post, or display on or through Service, and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party post on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute your Content.

9. Prohibited Uses

You may use Service only for lawful purposes and in accordance with these Terms. You agree not to use Service:

• In any way that violates any applicable national or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
• In any way that infringes upon the rights of others, or is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

Additionally, you agree not to:

• Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party's use of Service.
• Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
• Use any manual process to monitor or copy any of the material on Service or for any unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper functioning of Service.
• Introduce any viruses, trojan horses, worms, logic bombs, or other malicious material.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
• Attack Service via a denial-of-service or distributed denial-of-service attack.
• Take any action that may damage or falsify Company rating.
• Otherwise attempt to interfere with the proper working of Service.

10. No Use By Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you represent that you are at least 18 years of age and have the capacity to enter into this agreement. If you are not at least 18, you are prohibited from using Service.

11. Accounts

When you create an account with us, you guarantee that you are over the age of 18 and that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. You must notify us immediately upon any breach of security or unauthorized use of your account. You may not use a username that is already in use, that is offensive, vulgar, or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our discretion.

12. Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Avari and its licensors. Service is protected by copyright, trademark, and other laws, and our trademarks and trade dress may not be used without prior written consent.

13. Error Reporting and Feedback

You may provide us with information and feedback (collectively, "Feedback") concerning errors, suggestions, or other matters related to Service by contacting hello@klik.email. By submitting Feedback, you agree that you will not retain any intellectual property rights in it and that Avari may use it without any obligation, including without compensating you.

14. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Avari. Avari has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party web sites. YOU ACKNOWLEDGE AND AGREE THAT Avari SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED BY OR IN CONNECTION WITH THE USE OF ANY SUCH THIRD PARTY WEB SITES. WE STRONGLY ADVISE YOU TO REVIEW THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES THAT YOU VISIT.

15. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES IS AT YOUR SOLE RISK. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

16. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IF THERE IS ANY LIABILITY FOUND ON THE PART OF COMPANY, IT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.

17. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, for any reason including a breach of these Terms. If you wish to terminate your account, you may simply discontinue using Service. All provisions which by their nature should survive termination shall continue in full force and effect.

18. Governing Law

These Terms shall be governed and construed in accordance with the laws of Belgium without regard to its conflict of law provisions. If any provision is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

19. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material provided via Service, at any time without notice. We will not be liable if any part of Service is unavailable at any time or for any period.

20. Amendments To Terms

We may amend these Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of Service after any revisions become effective constitutes acceptance of the revised Terms. If you do not agree to the new terms, you are no longer authorized to use Service.

21. Applicable Law and Jurisdiction

The Terms are subject to and governed by Belgian Law. Any dispute arising from these Terms shall be brought before the courts of the judicial district of the registered office of Avari, BV conducted in the Dutch language.

22. Waiver And Severability

No waiver by Company of any term or condition in these Terms shall be deemed to be a continuing waiver of such term or any other term. If any provision is held invalid or unenforceable, it shall be modified or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

23. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.