Terms of Service

These Terms of Service ("Terms") and any policy or document referred to within this Agreement form a binding agreement between you (the "Subscriber") and Sitewit Corp (doing business as Kliken), along with its fully-owned subsidiary Kliken GmbH (collectively "Sitewit," "Kliken," "we," "us," or "our"). Previous Terms of Service can be found here.

If you are accessing or using the Services on behalf of a company or organization (an "Entity"), you represent that you have the authority to bind that Entity, and references to "Subscriber" or "you" will include that Entity and its affiliates. If you do not agree or lack such authority, you must not use the Services.

This Agreement is effective as of the "Effective Date" above if you are a new subscriber. If you are an existing Subscriber, Sitewit is providing you with prior notice of these changes, which will be effective thirty (30) days after the effective date above.

Modifications to this Agreement: From time to time, Sitewit may modify this Agreement. Unless otherwise specified by Sitewit, changes become effective for Subscriber upon renewal of Subscriber's current Subscription Term (as defined below), or entry into a new purchase. Sitewit will use reasonable efforts to notify Subscriber of the changes through communications via Subscriber's account, email or other means. Subscriber may be required to click to accept or otherwise agree to the updated Agreement before renewing a Subscription Term or purchasing a new service, but in any event continued use of the Services after the updated version of this Agreement goes into effect will constitute Subscriber's acceptance of such updated version. If Sitewit specifies that changes to the Agreement will take effect prior to Subscriber's next renewal or purchase (such as for legal compliance, product or pricing change reasons) and Subscriber objects to such changes, Subscriber may terminate the applicable Subscription Term on notice in writing to Sitewit and receive as its sole remedy a refund of any fees Subscriber has pre-paid for use of the applicable Services for the terminated portion of the Subscription period, within the restrictions of Sitewit's Refund Policy, commencing on the date notice of termination was received.

1. ACCESS TO THE SERVICES

1. Service. Sitewit will make the Services and Service Data available under this Agreement. Sitewit will use commercially reasonable efforts to make the Services available on a continual basis, except during (a) Planned Downtime, (b) unscheduled maintenance, and/or (c) systems outages that may exist with the advertising platform or other third-party external service suppliers. No specific service level agreement (SLA) or guaranteed uptime is provided.
2. Modifications. You acknowledge that Sitewit may modify the features and functionality of the Services during the Subscription Term. Sitewit shall provide the Subscriber with thirty (30) days advance notice of any deprecation of any material feature or functionality. Sitewit will not materially decrease the overall functionality of the Services purchased by You during the Subscription Term.

2. LICENSE AND USE OF THE SERVICES

1. License. The Subscriber is hereby granted a revocable, non-transferable, and non-exclusive license to Sitewit's Services.
2. Login Management. SiteWit will issue to one Subscriber employee ("Designee") an individual login identifier and password. Only the Designee shall be authorized to legally act on behalf of the Subscriber in connection with the SiteWit Services. The Designee shall assign any other authorized Subscriber users ("Authorized User") a unique login identifier and password and be responsible for such Authorized User's access to the SiteWit Services. You shall require the Designee and all Authorized Users to execute appropriate Nondisclosure Agreements and use reasonable efforts to ensure that each Authorized User will: (a) not disclose such login identifier to any person or entity; (b) be responsible for the security of their login identifier; (c) promptly notify Sitewit of any suspected breach or compromise; and (d) use the SiteWit Services in accordance with this Agreement.
3. Compliance. As between Subscriber and Sitewit, You are responsible for compliance with the provisions of this Agreement by Agents and End-Users and for any and all activities that occur under an Account. Subscriber will ensure its use of the Services complies with all applicable laws, regulations, and any privacy notices, agreements, or other obligations Subscriber may maintain or enter into with Agents or End-Users.
4. Content and Conduct. You agree to comply with applicable content standards and advertising policies. Sitewit reserves the right to refuse service based on prohibited activities, including spam, fraud, malware, hate speech, harassment, deception, IP infringement, and other violations outlined in the platform or Sitewit policies.
5. Licensors. Third-party licensors may provide some Sitewit Services. You agree to comply with any such third-party terms.
6. Advertising Networks. Sitewit may interact with third-party advertising platforms to manage campaigns. You authorize such interactions and acknowledge that Sitewit is not liable for platform errors, delays, or performance.
7. Continuing Operations. Sitewit makes no guarantees of uninterrupted access. You are responsible for maintaining backups and alternate methods of campaign access.
8. No Competitive Access. You may not access the Services if you are a competitor of Sitewit.

3. CONFIDENTIAL INFORMATION

1. Confidential Information. "Confidential Information" includes all non-public information disclosed by Sitewit, including software, data, pricing, and login credentials. You agree not to disclose this information and to protect it using at least the same care as your own confidential information. Confidentiality obligations continue for two (2) years after termination of this Agreement. Exclusions include information that is publicly known, independently developed, or required to be disclosed by law.

4. INTELLECTUAL PROPERTY RIGHTS

1. Proprietary Rights. Sitewit retains all rights in its Services, source code, trademarks, patents, and trade secrets. No license is granted by implication or estoppel. You may not reverse-engineer, copy, or derive works from Sitewit materials.
2. Trademarks. Sitewit's marks are protected and may not be used without written permission.
3. Copyrights. You may not reproduce or distribute Sitewit's copyrighted materials unless expressly authorized.
4. Suggestions. Any feedback or suggestions you provide may be used by Sitewit without obligation or compensation.
5. Subscriber Content. You represent that all content uploaded or provided by You is owned or properly licensed.
6. Copyright Infringement. Sitewit may suspend or remove infringing content or accounts and may require proof of your right to use disputed materials.

5. TERM, CANCELLATION, AND TERMINATION

1. Term. This Agreement will be effective on the date You first use the SiteWit Services and shall continue thereafter on a month-to-month basis unless terminated via Your account or in writing (electronic) in accordance with 5.2 or as otherwise provided herein.
2. Cancellation and Termination. Cancellation and termination details can be found in our Cancellation Policy.
3. Refunds. Subscribers may be eligible for a refund relating to their services, as governed by our Refund Policy.
4. Export of Service Data. Upon the Subscriber's written request, Sitewit will make Service Data available to the Subscriber for export or download. Please note, by our Cancellation Policy, Sitewit will have no obligation to maintain or provide any Service Data, and therefore, it may be deleted in accordance with our Cancellation Policy.

6. BILLING, PLAN MODIFICATION AND PAYMENTS

1. Service Pricing and Disbursements. Sitewit's Services are offered as packaged solutions that include clearly separated amounts relating to advertising spend and fees along with their respective tax information.
   1. Sitewit acts as the Subscriber's disclosed agent in making such advertising purchases. The Subscriber authorizes Sitewit to use the Ad Spend to place ads in accordance with the Subscriber's selected campaign and preferences. Sitewit does not earn revenue on the Ad Spend portion.
   2. Invoices issued to the Subscriber will separate the management fee and Ad Spend and indicate the applicable tax treatment, including whether local VAT or reverse charge rules apply. It is the Subscriber's responsibility to provide valid tax registration numbers when required.
   3. For Subscribers located within the EU, EEA, UK, or other jurisdictions requiring VAT on digital services, Sitewit will apply VAT or facilitate reverse charge treatment as permitted by local law.
2. Payments & Billing. All charges are due in full upon the commencement of the Service. By entering into this agreement, You agree to be charged on a recurring basis as set forth within our Recurring Billing Policy at the then applicable fee schedule. You are responsible for providing valid and current payment information. You agree to promptly update the Account information, including payment information, with any changes that may occur. If You fail to pay charges within five (5) days of Sitewit's notice of delinquency, Sitewit may suspend access to the Services. Sitewit also reserves the right to change pricing upon thirty (30) days' notice, during which you may terminate if you do not agree to the new terms.

7. TEMPORARY SUSPENSION

1. Temporary Suspension. Sitewit may suspend the Services or disable access if: (a) Subscriber or its users breach this Agreement, (b) malicious software is detected in connection with the Account, or (c) payment disputes are initiated. Suspension does not entitle the Subscriber to a refund for affected periods.

8. INDEMNIFICATION

1. Indemnification by Subscriber. You agree to indemnify and hold harmless Sitewit against any claims arising out of (a) misuse of the Services, or (b) alleged infringement resulting from Your content. Sitewit will notify You of such claims and allow You to control the defense, while cooperating in good faith.

9. LIMITATION OF LIABILITY

1. Limitation of Liability. Sitewit shall not be liable for any indirect, punitive, incidental, or consequential damages. Total liability under this Agreement will not exceed the greater of $500 or twelve (12) months' worth of fees. These limitations do not apply in jurisdictions where such exclusions are prohibited, including liability for death, personal injury, or mandatory consumer rights.

10. DISCLAIMER AND WARRANTIES

1. Warranties. Each Party represents it has the authority to enter into this Agreement. Sitewit makes no other warranties and disclaims implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
2. Subscriber Usage. Subscriber is solely responsible for reviewing and implementing content and targeting in advertising campaigns. Sitewit provides Services "as is." Where consumer laws do not allow warranty exclusions, they shall not apply.
3. Utilization of Software. All downloads or interactions are at the Subscriber's risk.

11. DISPUTE RESOLUTION AND ARBITRATION

1. Governing Law. This Agreement is governed by the laws of the State of Florida.
2. Informal Resolution. The Parties will attempt informal resolution of disputes for 30 days.
3. Binding Arbitration. Unresolved disputes shall be resolved by binding arbitration under the AAA Commercial Arbitration Rules.
4. Exceptions. Disputes involving intellectual property or requests for injunctive relief are excluded.
5. Costs. Each Party bears its own arbitration costs unless otherwise decided.
6. Waiver of Jury Trial. Parties waive the right to a jury trial.
7. Severability. Invalid arbitration clauses do not affect the remainder.
8. Confidentiality. Arbitration is confidential.

12. USE OF GENERATIVE AI

1. Use of AI in Sitewit Services. Some Sitewit Services include features that utilize generative artificial intelligence ("AI"), including technologies provided by third-party partners such as OpenAI. These tools may assist in generating advertising content, campaign suggestions, or related materials for your marketing use.
2. Responsibility for Reviewing Content. AI-generated content is created automatically based on the inputs you provide and may contain inaccuracies, outdated information, or material that does not align with your brand, goals, or compliance obligations. You are solely responsible for reviewing and verifying all AI-generated content before using it in any advertising campaign, public-facing materials, or business decisions. This includes ensuring that content complies with applicable laws, regulations, and the policies of any third-party platforms (such as Meta, Google, etc.).
3. No Guarantees or Warranties. Sitewit makes no guarantees as to the accuracy, completeness, legal compliance, or fitness for a particular purpose of any AI-generated content. All content provided through AI-powered features is offered "as is" and should be used with appropriate caution and editorial oversight. If you are unsure whether content is appropriate, lawful, or compliant, you should consult a qualified professional before use.
4. Limitations of Liability. To the fullest extent permitted by law, Sitewit shall not be liable for any loss or damage—whether direct or indirect—resulting from the use or reliance on AI-generated content. This includes, but is not limited to, account suspensions, disapprovals, terminations by third-party platforms, reputational harm, or regulatory non-compliance. Some jurisdictions may not allow the exclusion of certain warranties or limitations of liability; in such cases, these terms will apply to the maximum extent permitted by law.
5. Indemnification. You agree to indemnify, defend, and hold harmless Sitewit, its affiliates, officers, employees, and agents from and against any claims, damages, losses, or liabilities (including reasonable legal fees) arising out of or related to your use of AI-generated content. This includes, without limitation, claims related to content accuracy, platform compliance, advertising policy violations, or regulatory issues.
6. Transparency and Updates. Sitewit may update, modify, or discontinue its use of generative AI technologies at any time. If material changes impact how your content is generated or processed, you will be notified in advance. By continuing to use AI features, you agree to the terms of this Section as updated.

13. OTHER

1. Acts of God. Force Majeure excuses performance.
2. Waiver. No waiver is valid unless in writing.
3. Severability. Invalid provisions do not affect the remainder.
4. Press Releases. Sitewit may reference the Subscriber in press releases.
5. Legal Venue. All litigation shall occur in Hillsborough County, Florida.
6. Non-solicitation. Subscriber may not solicit Sitewit staff for 24 months post-termination.
7. Security. Subscriber is responsible for its own server and data security.
8. Network Responsibility. Use of the Services must not negatively impact other users.
9. Subscriber Contact Information. Subscribers must maintain updated contact information.
10. Privacy Policy. See Sitewit's Privacy Policy for how data is handled.
11. Amendments. Sitewit may update this Agreement with 30 days' notice. If You object in writing before the notice period ends, the prior terms remain applicable for 30 days, after which the contract may terminate.
12. Performance. While Kliken aims to improve your advertising performance, campaign outcomes may vary based on your product, audience, budget, and other external factors and are not guaranteed.
13. Entire Agreement. This Agreement supersedes all prior agreements.