Kit Terms of Service
Last updated: December 2st, 2016
The following terms (“Terms of Service”) describe the terms and conditions applicable to your access to and use of the Kit application, services, and any associated software and products (collectively referred to as the “Service”). This document is a legally binding agreement between you and Shopify (USA) Inc. and its Affiliates (referred to as “we”, “our”, “us” or “Kit”), where “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with Shopify (USA) Inc., including Shopify Inc. (“Shopify”). An active Shopify store (“Shopify Account”) is required to access and use the Services. Where we write “you” or “your”, we mean the owner, agent or employee of the Shopify Account registering for the Services.
By signing up for the Service you are agreeing to be bound by the Terms of Service. Any new features or tools which are added to the current Service shall also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time here. We reserve the right to update and change the Terms of Service by posting updates and changes. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
- Kit Account
- To access and use the Services, you must register for an account with Kit (“Kit Account”) and provide certain information including your email address, phone number and any other information identified as being required. Kit will also access and use your personal information from your Shopify Account. You agree to maintain accurate, complete, and up-to-date information for your Kit Account. Your failure to maintain accurate, complete, and up-to-date Kit Account information, including having an invalid or expired payment method on file with Shopify, may result in your inability to access and use the Services or Kit's termination of your Kit Account.
- If you selected Starter, Small or Larger Kit packages: During the Term (as defined below), subject to the terms and conditions of this Agreement, and solely for your personal or internal business purposes, Kit shall use commercially reasonable efforts to make these services available to you and your Authorized Users for the number of pages paid for.
- You are responsible for all activity that occurs under your Kit Account, and you agree to maintain the security and secrecy of your Kit Account username(s) and password(s) at all times. You must promptly notify Kit if you become aware of or reasonably suspect any security breach, including any loss, theft or unauthorized disclosure or use of your Kit Account, username or password. Kit cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
- Kit may reject your application for a Kit Account, or cancel an existing Kit Account, for any reason, in our sole discretion.
- General Conditions
- Technical support is available via email only at email@example.com.
- You acknowledge and agree that the Service, including without limitation, any associated software, documentation, applications, websites, tools and products, any modifications, enhancements and updates thereto, and all intellectual property rights therein are exclusively owned by Kit.
- You acknowledge and agree that we may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service here and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Service after the amended Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, or the laws of the State of New York.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), trademarks or domain names that use Kit’s trademarks and/or variations and misspellings thereof.
- If you authorize Kit to send marketing messages to any customer email lists you maintain on your Shopify Account (your “Email List”), you covenant to Kit that you are permitted to send, and permitted to allow Kit to send, electronic messages to all persons on the Email List who have agreed to accept marketing and that sending an electronic message to someone on the Email List is in compliance with all applicable laws, rules, regulations and directives, including but not limited to those relating to email marketing and “spamming”. In no event shall you have persons on your Email List that have unsubscribed from receiving marketing email from you or who you are prohibited by applicable law from sending electronic messages to.
- Where Kit receives an “unsubscribe” response from someone on your Email List, Kit will remove the “accepts marketing” designation from that person on your Email List.
- Our Rights
- We reserve the right to modify, discontinue or terminate the Service or any part thereof, or terminate your Kit Account or your access to the Service, for any reason without notice at any time. We shall not be liable to you or to any third party for any modification, discontinuance or termination of the Service or any part thereof, or the termination of your Kit Account or your access to the Service.
- We reserve the right to refuse the Service to anyone for any reason at any time.
- We may, but have no obligation to, remove without notice any Customer Content or Comments (as defined in Section 11) that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate any party’s intellectual property or these Terms of Service.
- A breach or violation of any provision of the Terms of Service, as determined in our sole discretion, may result in an immediate termination of your access to the Service. Without limiting any other remedies that we have, we may suspend or terminate your access to the Service if we suspect that you have engaged in fraudulent activity in connection with the Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Kit employee, member, or officer will result in immediate termination.
- We reserve the right, but are not obligated, to limit the availability of the Service, or products or services made available via the Service, to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
- We reserve the right to provide our Services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Kit’s employees and contractors may also use the Services and that they may compete with you, although they may not use your confidential information in doing so.
- Supported Platforms and Mentions
- You acknowledge that the Services interoperate with several Supported Platforms, and that the Services provided are highly dependent on the availability of such Supported Platforms. If at any time any Supported Platforms cease to make their programs available to Kit on reasonable terms, Kit may cease to provide such features to you without entitling you to refund, credit, or other compensation.
- You understand that by using the Services you may be exposed to third-party content, information, and Mentions that might be unlawful, offensive, harmful, inaccurate or otherwise objectionable. Kit does not own, control, or review Mentions, and unless Customer creates the content of Mentions, Mentions shall not be considered “Customer Content” under any circumstances. Kit has no obligation to preview, verify, flag, modify, filter, or remove any Mentions, even if requested to do so, although Kit may do so in its sole discretion. Your use of Mentions is at your sole risk, and Kit shall not be liable to you or any third party in relation to Mentions.
- Intellectual Property
- You grant Kit a limited, worldwide, non-exclusive license, without a right of sublicense, to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index the Customer Content for the purpose of supporting your use of the Services and providing Services to you. Kit may also use Customer Content for the purpose of supporting and developing the Kit website or app, provided that when doing so, Kit shall only use Customer Content in an anonymized and aggregated way. Subject only to the limited license expressly granted herein, you shall retain all right, title and interest in and to the Customer Content and all intellectual property rights therein. Nothing in this Agreement will confer on Kit any right of ownership or interest in the Customer Content.
- Third Party Services
- In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by third parties in connection with your use of the Services.
- You acknowledge that the Services may enable or assist you in accessing, interacting with and/or purchasing services from Supported Platforms and other third parties via third party software, applications, products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or Kit’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
- We do not provide any warranties with respect to Third Party Services. You acknowledge that Kit has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Kit’s website or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Kit. Shopify strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.
- If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Kit is not responsible for any disclosure, modification or deletion of your data or Customer Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Customer Content.
- Under no circumstances shall Kit be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if Kit has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
- You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Kit partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
- Privacy and User Data
- Payment Information
- You will pay the Fees applicable to your subscription to Kit and any other applicable fees (“Fees”). You are liable for any Third Party Services that Kit purchases on your instructions.
- The credit card on file for your Shopify store (the “Authorized Card”) will be used to pay for all incurred and recurring Fees. Kit will charge applicable Fees to your Authorized Card, and Kit will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
- Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on your Shopify Account invoice, which will be sent to the Account Owner (as that term is defined in the Shopify Terms of Service via the email provided. As well, an invoice will appear on the Account page of your Shopify Account administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Fees.
- All Fees are exclusive any applicable Tax (as defined in the Shopify Terms of Service). Taxes are based on the bill-to address and the Tax rate in effect at the time you install the Services. We will charge Tax only in jurisdictions where digital goods are taxable.
- Prices for using the Services are subject to change upon 30 days’ notice from Kit. Such notice may be provided at any time by email.
- Kit does not provide refunds.
- Interaction with Kit using SMS, Messenger or Telegram
- You will interact with the Services using one of SMS, Messenger, Telegram of any another Third Party Service approved by Kit (each a “Chat Application”). Messenger and Telegram are both Third Party Services available through Third Party Providers. If you elect to interact with the Services by SMS, you consent to receiving SMS text messages from Kit to the phone number provided in your Kit Account.
- SMS interaction with Kit is not available in all jurisdictions. Consult https://kitcrm.com/chat for SMS availability.
- When you register for your Kit Account, we will send you a message through your selected Chat Application to confirm your signup.
- You can cancel SMS service at any time. Just text "CANCEL" to 55643. After you send the SMS message "CANCEL" to us, we will send you an SMS message to confirm that you have been unsubscribed from receiving SMS messages. After this, you will no longer receive SMS messages from us. Cancelling SMS service does not cancel your Kit Account.
- We are currently able to deliver SMS messages to the following U.S. mobile phone carriers: (i) major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile; and (ii) minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
- Message and data rates may apply for any SMS messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
- User Comments, Feedback and Other Submissions
- You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other, intellectual property, personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, hateful or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website or application. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
- Prohibited Uses
- In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from submitting Customer Content or using the Service: (a) to violate any international, federal, or local laws, regulations, rules, or ordinances; (b) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (c) upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious or destructive code; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; (j) to interfere with or circumvent the security features of the Service or any related website or application, other website or application, or the Internet; (k) to attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services; or (l) to access the Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services.
- Disclaimer of Warranties; Limitation of Liability
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT KIT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS KIT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS FROM ALL CLAIMS, LOSSES, DAMAGES, PENALTIES, LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, OF ANY KIND OR NATURE WHICH ARE IN CONNECTION ARE ARISING OUT OF A CLAIM (A) ALLEGING THAT THE CUSTOMER CONTENT OR YOUR USE OF THE SERVICES INFRINGES OR VIOLATES THE INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS, OR OTHER RIGHTS OF A THIRD PARTY OR VIOLATES APPLICABLE LAW; (B) ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE; (C) ARISING OUT OF YOUR USE OF A THIRD PARTY SERVICE OR YOUR RELATIONSHIP WITH A THIRD PARTY PROVIDER; OR (D) ALLEGING THAT SENDING A MESSAGE TO A RECIPIENT ON YOUR EMAIL LIST WAS BREACH OF APPLICABLE LAW.
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.
- SHOPIFY DOES NOT WARRANT THAT (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
- ANY RELIANCE ON THE MATERIAL OR INFORMATION MADE AVAILABLE THROUGH THE SERVICE IS AT YOUR OWN RISK.
- OCCASIONALLY THERE MAY BE INFORMATION AVAILABLE THROUGH THE SERVICE THAT CONTAINS TYPOGRAPHICAL ERRORS, INACCURACIES OR OMISSIONS THAT MAY RELATE TO PRODUCT DESCRIPTIONS, PRICING, PROMOTIONS, OFFERS, PRODUCT SHIPPING CHARGES, TRANSIT TIMES AND AVAILABILITY.
- WE UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY INFORMATION IN THE SERVICE, INCLUDING WITHOUT LIMITATION, PRICING INFORMATION, EXCEPT AS REQUIRED BY LAW. NO SPECIFIED UPDATE OR REFRESH DATE APPLIED IN THE SERVICE, SHOULD BE TAKEN TO INDICATE THAT ALL INFORMATION IN THE SERVICE HAS BEEN MODIFIED OR UPDATED.
- Governing Law
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of New York, without regard to principles of conflicts of laws. You and we irrevocably and unconditionally submit to the exclusive jurisdiction of the state and federal courts of New York (Manhattan) County, New York with respect to any dispute or claim arising out of or in connection with the Terms of Service or your use of the Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- In the event that any provision of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
- These Terms of Service are effective unless and until terminated by either you or us. If you use Shopify Payments, you may terminate your Kit Account at any time by notifying us that you no longer wish to use the Service, by terminating your Shopify Account or deleting the Kit Application. If you use a payment gateway other than Shopify Payments, you may only terminate your Kit Account by notify us that you no longer wish to use the Service.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and accordingly may deny you access to the Service, your Account or any part thereof.
- The obligations (including payment obligations) and liabilities incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.
- Waiver and Entire Agreement
- The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
- These Terms of Service and any policies or operating rules incorporated into these Terms of Service or posted by us in respect to the Service constitutes the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
“Customer Content” means all information and data (including text, images, photos, videos, audio, and documents) or any other content in any media and format provided or made available to Kit by or on your behalf in relation to the use of the Services, including your information and data available on a Supported Platform that you’ve authorized Kit to interact with.
“Mentions” means the information, including links, posts, and excerpts, that has been made publicly available and obtained by Kit on your behalf from the Internet.
“Supported Platform(s)” means the social networking site(s) currently supported by the Services, including Twitter, Instagram and Facebook as described via the Site.