By completing the signup process and initiating the first payment as part of your order, you acknowledge and accept the terms and conditions outlined in this agreement (referred to as the “Agreement”) governing your utilization of Kickin Ads Online’s online services. This encompasses various services, including software components on a hosted basis and associated support options, collectively referred to as the “Service.” If you’re representing a company or another legal entity, you assert that you have the authority to bind said entity to these terms and conditions. Failure to possess such authority or disagreement with these terms and conditions prohibits your use of the Service.

In compliance with this Agreement, Kickin Ads Online pledges to provide you access to the Service, comprising a browser interface and functionalities such as data encryption, transmission, access, and storage. Your registration for, and/or use of, the Service constitutes your commitment to adhere to this Agreement, inclusive of any materials accessible on the Kickin Ads Online website incorporated herein by reference, including privacy and security policies. Note that this Agreement governs all services and products offered by Kickin Ads Online.

1. Privacy & Security; Disclosure

Kickin Ads Online’s privacy and security policies are available for review online on the Kickin Ads Online website (referred to as the “Site”). Kickin Ads Online retains the right to make reasonable modifications to its privacy and security policies as deemed necessary from time to time. Recipients of communications from Kickin Ads Online who are not clients may opt out of receiving future marketing and other communications. However, Kickin Ads Online clients and partners do not have the option to opt out unless they terminate their account with Kickin Ads Online as outlined in this Agreement. Kickin Ads Online reserves the right to disclose its clients and partners, including such disclosures on the Site and within its marketing materials.

2. License Grant & Restrictions

Kickin Ads Online hereby grants you a non-exclusive, non-transferable, limited, revocable, worldwide right to utilize the Service during the License Term, exclusively for your internal business purposes, in accordance with the terms and conditions of this Agreement. If your online ordering process or Order Confirmation specifies a particular number of Users, your license to use the Service is restricted to the designated number of Users. All rights not explicitly granted to you are retained by Kickin Ads Online and its licensors.

You may not access the Service for the purpose of monitoring its availability, performance, or functionality, or for any benchmarking, reverse engineering, or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Service, Kickin Ads Online Technology, or the Kickin Ads Online Content; (ii) modify or create derivative works based on the Service, Kickin Ads Online Technology, or the Kickin Ads Online Content; (iii) embed the Service as an “iframe” or “frame” within another application; or (iv) reverse engineer or access the Service to (a) develop a competitive product or service, (b) create a product using ideas, features, functions, or graphics similar to those of the Service, or (c) replicate any ideas, features, functions, or graphics of the Service.

The Service may not be shared or used by more than one individual unless specified in the Order Confirmation for sharing within your internal organization. Sharing the Service outside your organization is strictly prohibited. You are solely responsible for properly assigning usernames and passwords for the Service and adhering to all terms of this Agreement and Order Confirmation. You must maintain the confidentiality of your usernames, passwords, and accounts. Usernames and passwords may not be shared or transferred unless the original User no longer requires access to the Service.

You may use the Service solely for your internal business purposes and must not (i) send or store material containing harmful computer code, files, scripts, agents, or programs; (ii) interfere with or disrupt the integrity or performance of the Service, its data, or Kickin Ads Online’s sites, servers, or networks; (iii) attempt unauthorized access to the Service or its related systems or networks; or (iv) take any action that places an unreasonably large load on Kickin Ads Online’s infrastructure.

Kickin Ads Online reserves the right to adjust the scope of the Service and its technical infrastructure to reflect ongoing development and technical advancements.

3. Your Responsibilities

You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Kickin Ads Online immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Kickin Ads Online immediately and use best efforts to stop immediately any copying or distribution of Kickin Ads Online Content that is known or suspected by you or your Users; (iii) not impersonate another Kickin Ads Online user or provide false identity information to gain access to or use the Service; (iv) not use the Service to defame, abuse, harass, threaten or otherwise violate the legal right of others; (v) not publish, post, upload, email, distribute or disseminate any defamatory, misleading, infringing or unlawful content; and (vi) not collect, store or transmit personal information about individuals or any information that is subject to applicable privacy laws or regulations.

You are solely responsible for all text, logos and images (“Client Content”), all advertisements and any web site reachable from the advertisements generated using the Service. You hereby represent, warrant and covenant to Kickin Ads Online and its third party suppliers that (i) any Client Content you provide is and shall be accurate, complete and current, (ii) you have all necessary rights and are fully authorized to publish the Client Content and create or have created advertisements, and (iii) all Client Content complies with the requirements set forth by Google, Microsoft and Facebook on their respective websites with respect to the Google Ads, Microsoft adCenter and Facebook Ads programs, as the case may be, including the trademark policies, editorial guidelines and creative limitations posted therein, and including such other websites and programs as may be included in the Service from time to time. You hereby authorize Kickin Ads Online to allow such Client Content and advertisements to be published throughout the network of advertising channels operated by Microsoft, Google, Facebook and any other company network included in the Service from time to time, and their network of participating websites and other distribution outlets. You further represent, warrant and covenant to Kickin Ads Online and its suppliers that (a) at all times you shall comply with all applicable law, (b) you will not generate, or encourage others to generate, automated or fraudulent impressions or clicks of advertisements on any Google, Microsoft, Facebook or other advertising network, (c) you are responsible for obtaining and maintaining accounts for use of the Google Ads program, Microsoft adCenter program, Facebook Ads program and any other applicable program (collectively, “Advertising Platforms”), (d) your use of the Advertising Platforms is not for personal, family or household purposes, and (e) your advertisements do not and will not advertise illegal activity or constitute illegal or fraudulent business practices in the jurisdiction in which the advertisements are displayed.

Further, you acknowledge and agree that Microsoft, Google, Facebook and/or any other search engine company included in the Service may, in its sole discretion, (i) edit your Client Content for size and fit purposes, (ii) label any advertisement as a “sponsored site,” “advertisement” or similar designation for clarification purposes, (iii) create advertisements based upon the Client Content and other specifications provided by Kickin Ads Online through the applicable API, and (iv) create, delete, modify and optimize your account.

Kickin Ads Online does not own any Client Content or advertisements provided by you hereunder, provided that you hereby grant Kickin Ads Online a worldwide, royalty-free, non-exclusive right to use, reproduce, create derivative works of, distribute, perform, transmit and publish your Client Content and advertisements for the sole purpose of providing you with the Service.

You are solely responsible for all URLs required or used by you in connection with the Service. Any URL that includes or incorporates any variation of the name Kickin Ads Online (a “Kickin Ads Online URL”) shall (i) be owned by Kickin Ads Online, (ii) require the consent of Kickin Ads Online prior to your use, and (iii) only be used by you during the Term of this Agreement. Any URL used by you in connection with the Service that does not include or incorporate the name Kickin Ads Online shall be owned by you. For the avoidance of doubt, you are solely responsible for all Client Content provided or published by you in connection with the Service under any URL (including any Kickin Ads Online URL).

4. Account Information and Data

Kickin Ads Online does not own any keyword data, information, performance data, paid search campaigns or material that you submit to the Service in the course of using the Service (collectively, “Client Data”). You hereby grant Kickin Ads Online a worldwide, royalty-free, non-exclusive right during the License Term to use, reproduce, create derivative works of, distribute, perform, transmit and publish your Client Data for the sole purposes of (i) processing your Client Data in connection with providing the Service to you, and (ii) storing or hosting the Client Data in a remote database or on the Site for access by your Users. Your private Client Data is accessible only to you and persons explicitly authorized by you; data is NOT shared with other clients, or with any other third party; provided that Kickin Ads Online reserves the right to use your Client Data in order to compile, analyze and disclose to third parties aggregated metrics, data and trends related to the use of its offerings as long as such metrics, data and trends do not contain uniquely identifiable Client Data. You, not Kickin Ads Online, shall have sole responsibility for the accuracy, quality, integrity, legality, appropriateness, and intellectual property ownership or right to use all Client Data, and Kickin Ads Online shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Client Data. Use of the Service is subject to existing laws and legal processes. Nothing contained in this Agreement will limit Kickin Ads Online right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service, which may include disclosing your Client Data to the applicable authorities.

You are and shall remain the owner of all accounts with Advertising Platforms. Kickin Ads Online is not a party to the financial relationship between you and the Advertising Platforms. Any fees charged by Kickin Ads Online are for its software and Service offerings only. Individual Advertising Platforms may provide financial incentives, sales contests and other incentive programs to Kickin Ads Online on the basis of client satisfaction, ad spend under management, and/or other key metrics influenced by the Kickin Ads Online software and Service, and Client Data is a part of these calculations. In no event shall any Advertising Platform incentive program provided to Kickin Ads Online impact the financial terms or relationship that you enjoy directly with the Advertising Platforms.

If Kickin Ads Online processes any personal data (as such term is defined in the General Data Protection Regulations) on your behalf when performing its obligations under this agreement, the parties record their intention that the owner of Client Data (whether the Client or a third party) will, for the purposes of the General Data Protection Regulations, be the data controller and that Kickin Ads Online will be a data processor, and in such case:

  • (a) Kickin Ads Online will process such personal data only in accordance with its Privacy Policy (which is hereby incorporated into this agreement) and the Client’s lawful instructions as such instructions are given and varied from time to time
  • (b) The Client warrants that it is entitled to grant Kickin Ads Online access to the relevant personal data so that Kickin Ads Online may lawfully process the personal data in accordance with this agreement on the Client’s behalf
  • (c) The Client warrants that it will ensure the relevant data subject (as such term is defined in the General Data Protection Regulations) has been informed of, and has given his/her consent to, such processing by Kickin Ads Online as required by all applicable data protection legislation.