Terms and Conditions

Upon agreement expiration, this agreement will continually auto renew for the length of the original contract term without Customer notice of cancelation. By approving this digital agreement Customer agrees to the terms and conditions outlined below and understands that this is a binding agreement. All payments are due immediately. The initial term of this agreement is NON-Cancelable. KickintheApp.com does NOT guarantee text deliveries because of carrier drops, errors or any other carrier issues.
This contract is bound by Ohio Law or where applicable.
 
 
 
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT WILL WE, OUR DISTRIBUTORS, CHANNEL PARTNERS, AND ASSOCIATED
SERVICE PROVIDERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO
THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST
PROFITS, LOSS OF DATA, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, OR ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY
THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR
OTHERWISE) UPON WHICH THE CLAIM IS BASED.



RESTRICTIONS.  You may not: (i) make any copies of the Software other than
an archival copy, (ii) modify or create any derivative works of the Software
or documentation; (iii) decompile, disassemble, reverse engineer, or
otherwise attempt to derive the source code, underlying ideas, or algorithms
of the Software, or in any way ascertain, decipher, or obtain the
communications protocols for accessing our networks; (iv) copy, reproduce,
reuse in another product or service, modify, alter, or display in any manner
any files, or parts thereof, included in the Software;



INDEMNIFICATION: Upon a request by us, you agree to defend, indemnify, and
hold harmless us and other affiliated companies, and our respective
employees, contractors, officers, directors, suppliers and agents and
distributors from all liabilities, claims, and expenses, including
attorney's fees that arise from your use or misuse of the Software. We
reserve the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which
event you will cooperate with us in asserting any available defenses. Any
disagreements, legal remedy or otherwise will be conduct by the appropriate
judicial jurisdiction in the State of Ohio.



GENERAL TERMS:  (a) This Agreement shall not be governed by the United
Nations Convention on Contracts for the International Sale of Goods. (b) If
any part of this Agreement is held invalid or unenforceable, that part shall
be construed to reflect the parties' original intent, and the remaining
portions remain in full force and effect, or we may at our option terminate
this Agreement. (c) The controlling language of this Agreement is English.
If you have received a translation into another language, it has been
provided for your convenience only. (d) A waiver by either party of any term
or condition of this Agreement or any breach thereof, in any one instance,
shall not waive such term or condition or any subsequent breach thereof. (e)
You may not assign or otherwise transfer by operation of law or otherwise
this Agreement or any rights or obligations herein. We may assign this
Agreement to any entity at its sole discretion and without notice to you.
(f) This Agreement shall be binding upon and shall inure to the benefit of
the parties, their successors and permitted assigns. (g) Neither party shall
be in default or be liable for any delay, failure in performance or
interruption of service resulting directly or indirectly from any cause
beyond its reasonable control.



*Content changes refer to changes performed by Customer. Any changes
performed by KickintheAPP.com after initial set-up is approved by customer,
including changes to Customers phone app categories, colors and logo will be
billed at a fee of $15 per change. This fee will be charged directly to
customer's credit card before changes are made. Once any charges are paid
for, no monies will be eligible for a refund for any reason.