Terms of service
Welcome to the KITLIFY site (defined below). By using it, you are agreeing to these Terms of Use (defined below). If you have any questions, contact us at hello@kitlify.com. These Terms of Use were last updated on May 18th, 2023.
1. Your Acceptance
Your Acceptance of the Terms of KITLIFY (“KITLIFY”, “we” or “us” or “our”) owns and operates the website, https://kitlify.com, the mobile version and any sites we have now or in the futures that reference these Terms of Use (collectively, “Site”). If you visit or shop through the Site, you agree to these Terms of Use (defined below) together with any documents they expressly incorporate by reference. If you do not agree the terms, please stop accessing KITLIFY.
2. About the Site and Product Offers
The Site is a platform that using certain third party data offer media kits to our customers. Our Sites and/or Services, or communications you receive from our Sites and/or Services may include third-party content that we do not control, maintain or endorse. Companies are the issuers of media kits and are solely responsible to you for the media kits listed. KITLIFY shall not be liable for any claim arising out of or relating to the media kits, including but not limited to, any claims for false advertising, product defects, personal injury, death or property damages.
3. Privacy
We will never sell your information to third-party marketers. Your privacy is very important to us. Our Privacy Policy makes important disclosures about how we collect, use and protect your personal information. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy which is incorporated herein by reference and located below.
KITLIFY use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.
4. Disclaimer of Warranties
As permitted by applicable law, you expressly agree that your use of the site, its content and any services or products obtained through the site is at your own risk. The site, its content and any services or products obtained through the site are provided on an ‘as’ an ‘as available’ basis without any warranties of any kind, either express or implied. Neither KITLIFY nor its merchants content providers or licensors nor any of their officers, directors, employees or agents makes any warranty or representation as to the operation of the site or the content, any information contained on the site or the products, including without limitation any warranties of merchantability, non-infringement and fitness for particular purpose.
5. Limitation of Liability
In no event will KITLIFY’s liability in connection with a product, and other available programs exceed the amounts paid for the applicable product, or service.
6. Entire Agreement
The Terms of Use, including, without limitation, the incorporated Privacy Policy and other terms incorporated by reference, constitute the sole and entire agreement between you and KITLIFY with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
7. Governing Law and Jurisdiction
All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the Spanish laws without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in Spanish courts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
8. Additional Disclosures
No waiver of, by you or KITLIFY, any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of KITLIFY to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
You are contracting with KITLIFY. Correspondence should be directed to: KITLIFY. The provisions of these Terms of Use apply equally to, and are for the benefit of, KITLIFY, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.
9. Causes of Termination
If KITLIFY, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Service, any of its, your or a third party system, then KITLIFY may immediately suspend access to or use of the Service. The suspension of use and access is not a breach of the Terms. You, the client, acknowledge that the preservation of security, confidentiality and data is paramount. KITLIFY has no liability to you for suspending the Service under this provision.
9.1. Users of the KITLIFY application commit to using only images, texts, and links for which they possess the necessary rights. The use of content for which the user does not hold the corresponding rights is strictly prohibited.
9.2. KITLIFY assumes no responsibility for the contents displayed in the media kits created by users. The full responsibility for such content rests solely with the owner of the media kit.
9.3. In the event that images, texts, or links are used that harm the image of KITLIFY or third parties, involve the use of images without rights, identity impersonation, or other controversial situations, KITLIFY reserves the right to take action. This includes the suspension of the user's account and the removal of the specific media kit.
10. Fees and Renewals
There will be no refunds or credits for partial months of media kits usage. Media kits recur monthly and the user/client is required to update the auto-renewal on a monthly basis for each media kit. First payment is non-refundable. Renewal payments can be refunded, no questions asked, if requested within three (3) days after the last payment is made. Only the last payment will made be refunded.
11. User’s eligibility
Creating a media kit on KITLIFY is exclusively reserved for persons who qualify as professionals within the meaning of the preliminary Article of the Consumer Code, i.e. any natural or legal person, public or private, who is acting for purposes within the scope of his or her commercial activity, including when acting in the name or on behalf of another professional. Therefore, you acknowledge that you qualify as a professional within the meaning of the said Article. You acknowledge that, as a professional, you do not benefit from the protections granted to the consumer by the Consumer Code, including a right of withdrawal. Finally, you represent and warrant that you are solely responsible for compliance with all applicable laws in your jurisdiction, and release KITLIFY from any liability in this regard.