Terms & Conditions

Interpretation and Definitions

Words whose initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

For the purposes of these Terms and Conditions:

Application

Means the software program provided by the Company of the SaaS service type that You can access from any electronic device, named CLIKMA.

Affiliate

Means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other management authority.

Company

(Referred to as "the Company", "CLIKMA", "We", "Us" or "Our" in this Agreement) refers to Engageme Apps Inc, 1140 Compass Pointe Crossing, Alpharetta.

Country

Refers to: Georgia, United States.

Device

Means any device that can access the Service, such as a computer, a cell phone, or a digital tablet.

Service

Refers to the Application or the Website or both.

Terms and Conditions

(Also referred to as "Terms") refer to these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service

Means any service or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.

The website

Refers to CLIKMA, accessible from https://clikma.com.

You

Means the person accessing or using the Service, or the company or other legal entity on behalf of which such person accesses or uses the Service, as applicable.

Privacy Policy

Refers to the way in which CLIKMA collects and treats data.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, You may not access the Service.

You represent that You are over 18 years of age. The Company does not permit those under 18 years of age to use the Service. You may not post violent, discriminatory, illegal, infringing, hateful, pornographic, or sexually suggestive content through the Service.

You are responsible for any activity that occurs through Your account and You agree that You will not sell, transfer, license, or assign Your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, CLIKMA prohibits the creation of and You agree that You will not create an account for anyone other than Yourself. You also represent that all information You provide or provided to CLIKMA upon registration and at all other times will be true, accurate, current, and complete, and You agree to update Your information as necessary to maintain its truth and accuracy.

You agree that You will not solicit, collect, or use the login credentials of other CLIKMA users. You are responsible for keeping Your password secret and secure.

You must not defame, stalk, harass, abuse, threaten, impersonate, or intimidate people or entities and You must not post private or confidential information through the Service, including Your or any other person's credit card information, social security or alternative national identity numbers, non-public phone numbers, or non-public email addresses.

You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations (for example, federal, state, local, and provincial) applicable to Your use of the Service and Your Content (defined below), including copyright laws.

You are solely responsible for Your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, and other content or materials (collectively, "User Content") that You submit, post, or display on or through the Service. You must not change, modify, adapt, or alter the Service or change, modify, or alter another website so as to falsely imply that it is associated with the Service or CLIKMA. You must not create or send unwanted emails, comments, likes, or other forms of commercial or harassing communications (also known as "spam") to any CLIKMA users. You must not use domain names or web URLs in Your username without the prior written consent of CLIKMA.

You must not interfere with or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any CLIKMA page is rendered or displayed in a user's browser or device. You must not create accounts with the Service (or attempt to access the Service or any content or other material on the Service) through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler, or scraper. You must not use the Service in any manner that could disable, overburden, damage, or impair the Service, or interfere with any other party's use of the Service.

You must not attempt to restrict another user from using or enjoying the Service and You must not encourage or facilitate violations of this Agreement or any other CLIKMA terms.

CLIKMA Content and User Content

The Service contains content owned or licensed by CLIKMA ("CLIKMA Content"). CLIKMA Content is protected by copyright, trademark, patent, trade secret, and other laws and, as between You and CLIKMA, CLIKMA owns and retains all rights in the CLIKMA Content and the Service.

There are two types of user content: (a) downloadable assets and (b) articles.

Downloadable Assets: You will have an unlimited, non-exclusive, non-transferable, and terminable right to use, reproduce, display, and distribute downloadable assets in a commercial work (including the right to display it as part of Your portfolio). All other rights are reserved. Accordingly, CLIKMA Content or other content that is not user content, You may not distribute, modify, or host downloadable assets as Your own content (nor allow a third party to do so).

Articles: Examples of articles are short-form articles and longer-form e-books. You will have a limited, non-exclusive, non-transferable, and terminable right to use, reproduce, and distribute articles, provided You provide proper attribution, as follows. In connection with any distribution of an article, You must provide CLIKMA's name and the author of the article as the providers of the article. You may not use articles for commercial purposes, that is, any purpose intended to obtain a commercial advantage or monetary compensation.

You are not permitted to create derivative works from articles. If You remix, transform, or build upon an article, You may not distribute the modified material.

You may not apply legal terms or technological measures that legally restrict others from using the articles (or any form thereof) in any manner permitted by this license.

There are no implied licenses hereunder, and CLIKMA and its licensors reserve any rights not expressly granted. Without limiting the generality of the foregoing, You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the CLIKMA Content, and You will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit the CLIKMA Content. If You post User Content on the Site, the following terms will apply.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or a maximum of 100 USD if You have not purchased anything through the Service; an amount which the Company will define at its complete and total discretion depending on the severity and/or scope of the damages. This payment will be considered the sole and total compensation to the Beneficiary, who waives the right to exercise any judicial action against the Company; declaring that the payment to be received will fully repair the damages received.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy) arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

You (and also any third party for whom You operate an account or activity on the Service) agree to defend (at CLIKMA's request), indemnify, and hold CLIKMA and its affiliates and their employees, officers, directors, agents, successors, and assigns (collectively, the "CLIKMA Parties") harmless from and against any claims, liability, damages, losses, and expenses, including reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of Your direct activities on the Service or those conducted on Your behalf): (i) Your User Content or Your access to or use of the Service; (ii) Your breach or alleged breach of this Agreement; (iii) Your violation of any third-party right, including any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) Your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; or (v) any misrepresentation made by You. You will cooperate as required by CLIKMA in the defense of any claim. CLIKMA reserves the right to assume the exclusive defense and control of any matter subject to indemnization by You, and You will not in any event settle any claim without the prior written consent of CLIKMA.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.

Third-Party Services and Policies

CLIKMA may incorporate advertising from third-party merchant sites ("Merchants"), where You may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between You and Merchants.

You agree that use of such Merchants is at Your own risk and is without warranties of any kind by us, expressed, implied, or otherwise, including warranties of title, fitness for purpose, merchantability, or non-infringement. Under no circumstances are we liable for any damages arising from the transactions between You and Merchants or for any information appearing on merchant sites or any other site linked to our site. All rules, policies (including privacy policies), and operating procedures of Merchants will apply to You while on such sites. We are not responsible for information provided by You to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company, through the contact channels available on our Website, without prejudice to the exercise of the rights that assist You in accordance with the legislation in force in Your country.

For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if we have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Miscellaneous

You represent and warrant that if You are purchasing something from us or from Merchants: (i) any credit information You supply is true and complete, (ii) charges incurred by You will be honored by Your credit card company, and (iii) You will pay the charges incurred by You at the posted prices, including any applicable taxes.

The Service contains information and press releases about us. While this information was believed to be accurate as of the date of preparation, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

Any cause of action by You with respect to the Service (and/or any information, product, or service related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the state of Georgia. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. If any part of this Agreement is held invalid or unenforceable, that part shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. As used herein, the term "including" means "including without limitation". Section titles are included for reference and convenience purposes only and shall not be used to interpret this Agreement. To the extent that anything in or associated with the Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Privacy Policy

Acceptance of the terms and conditions described herein implies the declaration of full knowledge of the privacy policy of our services and acceptance of its purposes. It is not possible to accept or receive the services offered by our company without Your acceptance. Companies that acquire our services are responsible for the knowledge and acceptance of the privacy policy by their workers.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If You have any questions about these Terms and Conditions, You can contact us by email: feedback@clikma.com