This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
Following Agreement is comprised of terms and conditions which are for a specific use to individual services. In this agreement, we carry two meanings of the word “Term” which is combined by general terms and service specific terms. In any situation where there may be a contradiction between general term and service specific term, the service specific term shall be upheld.
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services.
You are strictly prohibited to accept this legally binding agreement if you are not at the legal age & to acknowledge the terms. In order to use our services you need to accept both the general terms and service specific terms. You may select a check box or click on acceptance option to issue your consent on the terms.
"Account" means the account setup for the purpose of accessing and using the Services pursuant to your Subscription Plan.
"CEC" means the proprietary OmniKick Code, which is installed on a web page for the purpose of collecting Customer Data, including any fixes, updates and upgrades thereto.
"Customer Data" means the data concerning the characteristics and activities of visitors to your website that is collected through use of the Services.
"Documentation" means any accompanying proprietary documentation made available to you by OmniKick whether available online or otherwise.
"Order Form" means any ordering form, or document (whether provided to you through an online or offline format) specifying your Subscription Plan (and including the online registration form for the free Subscription Plan).
“Personally Identifiable Information" or “PII” means any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains including, without limitation, full name, physical address, telephone number, fax number, email address, password, personal profile information, biometric information, information regarding a visitor's state of health, economic condition, financial information such as credit card details, checking, social security number or other government-issued identifier, banking, or any other payment information.
"Subscription Plan" means the various analysis reports available to you pursuant to your Subscription Plan.
“Service” means the services, software and/or products provided by OmniKick through its website www.omnikick.com or any other Website operated by OmniKick and including, without limitation, the CEC, Reports, Recordings and Documentation.
"Subscription Plan" means the various subscription plans offered by OmniKick for use of the Services, including the free plan.
OmniKick hereby grants you a limited, revocable, non-exclusive, non-sub licensable license to install, copy and use the CEC solely as necessary to use the Services for one or more web pages or domains that you own and/or control (collectively, the "Website") pursuant to your Subscription Plan and the terms of this Agreement. You agree that you will not, nor will you allow any third party to:
You will use the Services solely for your own internal use, and will not
You may duplicate, connect & use the CEC as OmniKick allows you restricted, withdrawable, non-exclusive, non-sub licensable license for one or multiple pages, domains which you own and govern in accordance to your subscription plan and the conditions of this contract. You acknowledge that you will restrict any other party attempting the following-
You acknowledge that you will use the service for your internal work only and will not make the services obtainable for any of the following reason-
You will be obliged by the rules and regulations in your use and access to the services.
"Confidential Information" includes any proprietary data and any other information disclosed by one party to the other in writing and marked "confidential" or disclosed orally and, within five business days, reduced to writing and marked "confidential". Notwithstanding the foregoing, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party's possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information. Neither party will use or disclose the other party's Confidential Information without the other's prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order. In which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing such information. Upon termination of this Agreement, the parties will promptly either return or destroy all Confidential Information and, upon request, provide written certification of such. You are responsible for safeguarding the confidentiality of your password(s) and username(s) issued to you by OmniKick, and for any use or misuse of your account resulting from any third party using a password or username issued to you.
As per the agreement, you acknowledge that “confidential information” is comprised of any branded data and any other information revealed by one entity to the other in writing, marked as "confidential" or revealed verbally and, within five business days, summarized to writing and marked "confidential". The “confidential information” will exclude any information that becomes known to the general public which is already obtained by the acquiring party before the disclosure or which is solely established by the receiving party. Without the use of the confidential information. Excluding the obligations under this agreement & for legal or judicial obligations, neither party will in any case disclose another parties “confidential information” for any other objective without their prior consent. In such circumstances, the party bound to divulge the confidential information will alert or inform in the best possible, reasonable, practicable prior notice before revealing such information. In case the agreement is cancelled or terminated the involved parties will proactively return or destroy all confidential information supported by written certification of such. Securing the privacy of your user credentials with OmniKick i.e. password, username is your responsibility. You will also be responsible for any consequences for using or misusing your account resulting from any third party using your credentials.
OmniKick is a Services to collect, track or record Personally Identifiable Information. You must identify and are solely responsible for identifying
"This site uses the OmniKick customer experience analytics service. The OmniKick service helps us analyze how visitors use our Website. We will collect your behavioral & publicly available personal data through OmniKick Customer Experience Analytics Services. All the data will be safe in our custody and we will not share, sale or transact it with anyone. OmniKick doesn’t have access to our data.”
You retain full ownership of your Customer Data. You hereby allow OmniKick to collect, store and process you’re Customer Data. OmniKick shall use and maintain your Customer Data only as set forth in this Agreement and the OmniKick .
OmniKick will not use or disclose your Customer Data to any third parties except
OmniKick will not use or reveal your customer information to any third party unless the occurrence of the following situation -
We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that OmniKick will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
For evaluation and testing purpose, we may offer services similar or closed to beta services. You agree that OmniKick has the sole jurisdiction and decision making authority to decide the time period for evaluation and testing of any beta services. OmniKick will be the deciding party of the success of such tests and of any decision to offer the beta services as commercial services. Please note that OmniKick will not levied any obligation on you to subscribe to any paid service as a consequence of your subscription to any beta service. However, we hold the right to partially or in full discontinue, any time and from time to time, permanently or temporarily, any of the beta services with or without prior notification. You give your consent that we will not be accountable to you or to any third party for any damage related to, arising out of or caused by the alteration, deferral or discontinuance of any of the beta services for any reason.
OmniKick offers a No Strings attached 14-day free trial. We encourage you to start using OmniKick as soon as your membership begins so that you can make an informed decision to continue or cancel by the end of your first 14 days.
We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing OmniKick notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.
OmniKick may alter, modify or amend the terms upon notifying you by emailing to your primary email address or any time through a service declaration. A 30 days advance notice will be issue to you in cases where there is a substantial change in the terms which may affect your rights. This notice will be emailed to you to our primary email address. Furthermore, if the changes affects your rights substantially and you intend to terminate your account, you got to email us back in not later than 30 days from the day you received the modified terms notification which may affect your rights. In this kind of termination, you will be entitled for a prorated refund of the remaining portion of any prepaid fees. However, please be informed that your continued use of the service after the date from which the changes will be effective will considered as your consent and agreement towards the modified terms.
In addition to all other terms and conditions of this Agreement, you shall not:
Please refer to the following terms which you agree -
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
All the contents you transmit through our services, you agree to be solely responsible for them. You acknowledge that you will not transmit any substance which is unlawful and use our services illegally. You also agree that you will not exchange or transmit any material which offensive, distressing, unfounded, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene or anyways objectionable, offends religious sentiments, encourages racism, carries viruses or trespasses others intellectual property. You agree not to send junk mails, spam mails, chain letters, phishing or unwanted mass email through our services. We hold the right to terminate your access to the service if there are reasonable elements indicating that you have used our services for illegal or unauthorized activities.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant OmniKick the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for OmniKick commercial, marketing or any similar purpose. But you grant OmniKick permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. OmniKick EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OmniKick MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM OmniKick, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
OmniKick services are provided in AS IS AND AS AVAILABLE basis. Therefore, you agree, acknowledge and understand that the use of the services is at your risk. OmniKick clearly denies all and any kind of warranties. OmniKick makes no warranty that the services will not be interrupted, will not be delayed or be 100% time effective, secure or completely error free. Downloading or obtaining materials through the use of the services will be at your own risk. Any damage to your device, system, data because of the download or acquisition will be at your sole responsibility. Please note, any information either obtained in writing or orally from OmniKick or on behalf of OmniKick employees does not generate any warranties which is not precisely mentioned on the terms.
YOU AGREE THAT OmniKick SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF OmniKick HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL OmniKick’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
For any kind of consequential, incidental, indirect, special, punitive or other loss or damage of any kind OmniKick shall hold no liabilities. You agree that OmniKick will not be liable for any downfall in your business profit, any business interruption, system failure, data loose or any other type of loos which may be caused by your use or inability to use the services. In no circumstances, OmniKick liability to you in any regards or respect of any service exceed the fees paid by you for such service.
You agree to indemnify and hold harmless OmniKick, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by OmniKick.
You agree to assure OmniKick and its associates including officials, owners, suppliers, affiliates from any damage, fines and expenses including legal fees and costs i.e. court fees or attorney’s fees being generated from any claims that you have used the service in violation of another parties rights, in desecration of any law, in desecration of any provisions of the term, or any other claim related to use the services, excluding where such use is authorized by OmniKick.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, OmniKick may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Any disagreement, dispute or difference arising from the terms will be settled by a compulsory negotiation which will be in accordance with the arbitration standard of the respective geographical association. However, our basic standard is in accordance to the American arbitration association. Such disagreements or controversies shall be judged on distinct basis and shall not be mixed or combined with any arbitration with any other party’s disagreement or controversies. However, the decision of the mediator will be final and no appealable. OmniKick may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to firstname.lastname@example.org within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if OmniKick breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
In case of suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies, your account may be temporarily disabled or suspended as a whole or to a part of the services. Any objection to suspension or restricting your user accounts can be sent to email@example.com within 30 days being notified about the suspension or inactivation. We will terminate your user account on your request and also in 30 days for suspended accounts.
Furthermore, we hold the right to terminate your user account and refute the services upon strong evidence on violation of the terms and to dismiss your access to any beta service in case of unforeseen technical issues or withdrawal of the beta service. If OmniKick breaches the obligations under these terms you may also terminate your account. In such event, a refund of any prepaid fees will be issued to you. Please be aware, termination of user account will denial further access to all services, deletion of data in your account i.e. your email address and PW and deletion of all data in your user account.
If you have any questions or concerns regarding this Agreement, please contact us at firstname.lastname@example.org.