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LEGAL

Terms of Service

These terms define the rules for using KITIK and the responsibilities we share with our customers and users.

Effective July 31, 2026

01Agreement to these terms

These Terms of Service (the “Terms”) are an agreement between you and KITIK (“KITIK,” “we,” “us,” or “our”) and govern your access to and use of kitik.io, KITIK Offers, and related services (collectively, the “Services”). By accessing or using the Services, you agree to these Terms and our Privacy Policy.

If you use the Services for a company or other organization, you represent that you have authority to bind that organization. In that case, “you” includes the organization. If you do not agree to these Terms, do not use the Services.

02Eligibility and accounts

You must be at least 18 years old and legally capable of entering a binding agreement to create an account. You agree to provide accurate information, keep it current, protect your login credentials, and promptly notify us of suspected unauthorized access. You are responsible for activity under your account and for the conduct of users you authorize.

03The Services

KITIK Offers helps customers create and manage campaigns, determine participant access, and distribute offers. Customers—not KITIK—set campaign terms, eligibility rules, offer availability, and redemption conditions. A participant’s submission does not guarantee approval, an offer, inventory, or successful redemption.

We may add, remove, or change features and may establish reasonable usage limits. We will not materially reduce paid functionality during a current subscription term without reasonable notice, except where necessary for security, legal compliance, or to prevent abuse.

04Subscriptions and payment

Paid plans are billed in advance at the price and billing interval shown when you subscribe or in an applicable order form. Fees are stated in U.S. dollars and do not include taxes unless expressly stated. You authorize us and our payment provider to charge the payment method you provide for fees and applicable taxes.

Subscriptions renew automatically for successive periods unless canceled before the renewal date. You may cancel through the Services or by contacting us. Cancellation takes effect at the end of the then-current paid period. Except where required by law or expressly stated otherwise, fees are non-refundable. We may change pricing for a future renewal period by providing reasonable advance notice.

05Customer data and responsibilities

You retain ownership of data, content, files, campaign materials, trademarks, and other information you or your users submit to the Services (“Customer Data”). You grant KITIK a non-exclusive, worldwide license to host, copy, process, transmit, display, and otherwise use Customer Data only as needed to provide, secure, support, and improve the Services and as otherwise directed by you.

You represent that you have all rights, notices, permissions, and lawful bases necessary for us to process Customer Data as described in these Terms. You are responsible for your campaigns, offers, eligibility decisions, required disclosures, tax obligations, and compliance with laws and third-party platform rules. Do not submit sensitive personal information unless expressly supported by the Services and necessary for your authorized use.

06Acceptable use

You may not, and may not help anyone else to:

  • Use the Services unlawfully, deceptively, or to violate another person’s rights.
  • Upload malware, interfere with the Services, bypass access controls, or test vulnerabilities without written permission.
  • Attempt to access another account or data you are not authorized to access.
  • Reverse engineer, decompile, copy, scrape, or create derivative works from the Services except where applicable law does not permit this restriction.
  • Resell, sublicense, or provide the Services to third parties except as expressly permitted by your plan or a written agreement.
  • Use the Services to send spam, run fraudulent promotions, distribute unlawful content, or collect information without appropriate notice and permission.
  • Use automated means in a manner that imposes an unreasonable load or circumvents documented limits.

07Our intellectual property

KITIK and its licensors own the Services, including software, design, text, graphics, trademarks, and all related intellectual property rights, excluding Customer Data. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Services during your subscription for your internal business purposes. If you provide feedback, you grant us a perpetual, irrevocable, worldwide right to use it without restriction or compensation.

08Third-party services

The Services may connect to or rely on third-party services, such as ecommerce platforms, payment providers, and form providers. Your use of those services may be governed by separate terms. We do not control and are not responsible for third-party services, including their availability, content, security, or data practices. You authorize us to exchange information with an integration as necessary to complete actions you request.

09Confidentiality

Each party may receive non-public information that the other identifies as confidential or that reasonably should be understood as confidential. The receiving party will use that information only to perform or receive the Services and will protect it using reasonable care. These obligations do not apply to information that is public through no fault of the receiving party, was already lawfully known, is received lawfully without a duty of confidentiality, or is independently developed. A party may disclose confidential information when legally required after providing notice where permitted.

10Suspension and termination

You may stop using the Services at any time. We may suspend or terminate access if you materially breach these Terms, fail to pay fees when due, create a security or legal risk, or use the Services in a way that could harm KITIK, the Services, or others. Where practical, we will provide notice and an opportunity to cure.

After termination, your right to use the Services ends. Upon request made within 30 days after termination, we will make Customer Data available for export where technically feasible, unless prohibited by law or your account was terminated for unlawful conduct. We may delete Customer Data after that period, subject to legal obligations and routine backups. Provisions that by their nature should survive termination will survive.

11Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” KITIK DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. KITIK DOES NOT GUARANTEE CAMPAIGN RESULTS, PARTICIPANT ELIGIBILITY, OFFER REDEMPTION, SALES, OR THE AVAILABILITY OR PERFORMANCE OF THIRD-PARTY SERVICES.

12Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KITIK AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. KITIK’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS YOU PAID TO KITIK FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

13Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless KITIK and its affiliates, officers, employees, and agents from claims, damages, losses, liabilities, and reasonable legal fees arising from your Customer Data, campaigns or offers, violation of these Terms or law, or infringement of another person’s rights. We will promptly notify you of a covered claim and reasonably cooperate at your expense. You may not settle a claim in a way that admits fault by or imposes obligations on KITIK without our written consent.

14Governing law and disputes

These Terms are governed by the laws of the State of Utah, without regard to conflict-of-law principles. The state and federal courts located in Salt Lake County, Utah will have exclusive jurisdiction over disputes arising from these Terms or the Services, and each party consents to those courts. Nothing in these Terms prevents either party from seeking injunctive or equitable relief to protect intellectual property, confidential information, or security. Mandatory consumer protections in your place of residence remain unaffected.

15Changes to these terms

We may update these Terms from time to time. We will post the updated Terms and revise the effective date. If a change materially affects your rights, we will provide reasonable advance notice when required. Changes apply prospectively. Your continued use of the Services after updated Terms take effect means you accept them.

16General terms

These Terms, the Privacy Policy, and any applicable order form or written agreement are the entire agreement regarding the Services. If an order form conflicts with these Terms, the order form controls for that conflict. You may not assign these Terms without our consent; we may assign them in connection with a merger, reorganization, sale of assets, or by operation of law. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will continue. Neither party is liable for delay caused by events beyond its reasonable control.

17Contact us

Questions about these Terms can be sent to hello@kitik.io. KITIK is based in Salt Lake City, Utah, USA.