Terms and Conditions

Use of Kika Tech, Inc. products is subject to the following:

Kika Tech, Inc. – End User License Agreement – August 2016.

This End User License Agreement ('License') is a legal agreement between you and Kika Tech, Inc. ('Kika') governing your use of any Kika products and any data and associated materials, digital media or in-app content (including, without limitation, emoticons, emoji, stickers, themes, wallpapers, icons and related virtual goods) ('Content') supplied with or through it (together the 'Software') including any revisions, updates and/or modifications to it.

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. THIS LICENSE PROVIDES IMPORTANT INFORMATION CONCERNING THE SOFTWARE, PROVIDES YOU WITH A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY AND LIABILITY INFORMATION. BY USING THE SOFTWARE, YOU (EITHER ON YOUR OWN BEHALF OR ON BEHALF OF ANOTHER PERSON OR LEGAL ENTITY AS ITS AUTHORIZED REPRESENTATIVE) ARE ACCEPTING THE SOFTWARE "AS IS" AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IN NO EVENT WILL KIKA BE HELD LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF THIS SOFTWARE. IF YOU DO NOT ACCEPT THIS LICENSE, DO NOT USE THE SOFTWARE.

BY PROCEEDING TO INSTALL OR USE THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE, DO NOT CONTINUE TO DOWNLOAD OR USE THE SOFTWARE.

1. License

Provided you comply with this License, Kika grants to you a non-transferable, non-exclusive license to install and use the Software on your devices. This license provides you limited rights to use the Software. Use of the Software is restricted to you only. Kika retains all ownership, right, title and interest in, to and of the Software and all copies of it. All rights not specifically granted in this license, including domestic and international copyrights, are reserved by the Owner. Unless applicable law gives you more rights despite this limitation, you may use the Software only as expressly permitted in this License. In doing so, you must comply with any technical limitations in the Software that only allow you to use it in certain ways.

2. Prohibited uses

You may not
• use, copy, modify, transmit, adapt, vary or create derivative works based on the Software in whole or part,
• rent, lease, sub-license, sell or otherwise transfer the Software to any third party or allow it to be accessed by or copied onto another person’s Device. Unless permitted by law, you may not translate, reverse engineer, decompile, or disassemble the Software; or
• use any access software system to search the data in the Software other than the Software provided under this agreement.

3. Intellectual property rights

The Software is protected by copyright, trade secret and other intellectual property laws, and all intellectual property rights in them belong to Kika or its third party licensors, as applicable.

The Software contains trade secret and proprietary information owned by Kika or its third party licensors and is protected by pending patents applications, copyright laws and international trade provisions. You must treat the Software like any other copyrighted material and you may not copy or distribute the Software electronically or otherwise, for any purpose. All techniques, algorithms and processes contained in the Software or any modification or extraction thereof constitute trade secrets and/or proprietary information of Kika and will be protected by this License.

The Kika logo, Software name and other support materials are either patented, copyrighted, trademarked or owned by Kika as trade secrets and/or proprietary information.

All rights in any Third Party Software, including all ownership rights are reserved and remain with such third parties. You agree that such third parties may enforce their rights against you directly in their own name. Kika is not liable for your failure to comply with any applicable local, state, national and foreign laws, treaties and regulations or any contracts, rules, policies or procedures applicable to your use of any Third Party Software.

4. Warranty

THE APPLICATION IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. KIKA GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. KIKA DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY YOU IN USING THE SOFTWARE INCLUDING THE AUTO COMPLETION/SUGGESTION/PREDICTION FEATURE AND/OR ANY FEATURE EMBEDDED THEREIN, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE OR BUGS FREE. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, KIKA EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (BY ANY TERRITORY OR JURISDICTION) TO THE EXTENT PERMITTED BY LAW, AND FURTHER EXPRESSLY EXCLUDES ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY TO THE EXTENT PERMITTED BY LAW.

5. Indemnification

You shall indemnify, defend and hold harmless Kika against any claims including costs and reasonable attorney’s fees that were submitted by any third party, in which Kika is named as a result of the negligent or intentional acts or failure to act by you, or arising from or relating to your failure to comply with this License. Your indemnification obligation is contingent upon Kika providing you with prompt written notice of such claim, information, and all reasonable assistance in the defense of such action.

6. Limitation on Liability

KIKA SHALL UNDER NO MEANS BE LIABLE TO YOU FOR ANY ACTION ARISING UNDER THIS LICENSE REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT, CONTRACT OR OTHER FORM OF LIABILITY, INCLUDING, WITHOUT LIMITATION, FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST DATA, LOST PROFITS, OPPORTUNITIES OR CONTRIBUTIONS, LOSS OF USE, GOOD WILL, BUSINESS INTERRUPTION, COST OF COVER, OR OTHER PECUNIARY OR NON-PECUNIARY LOSS, HOWEVER ARISING, EVEN IF KIKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KIKA SHALL HAVE NO LIABILITY OR RESPONSIBILITY IN THE EVENT OF ANY LOSS OR INTERRUPTION IN APPLICATION ACCESS DUE TO CAUSES BEYOND ITS REASONABLE CONTROL OR FORESEEABILITY, SUCH AS LOSS, INTERRUPTION OR FAILURE OF TELECOMMUNICATIONS OR DIGITAL TRANSMISSIONS AND LINKS OR FAILURES. THE PARTIES AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH CASE.

7. Personal Data

You acknowledge that that in order to utilize the Software and to use or personalize some of the particular services it may provide, Kika may use personal data provided by you. Your privacy is important to us and we treat it seriously. Any personal data provided by you will only be processed in accordance with the Kika Privacy Policy which can be found at http://www.kika.tech/privacy/. Kika's Privacy Policy is intended to help you understand how Kika collects, uses and discloses information, including what you may provide to us or that we obtain from our products and services. Your usage of the Software represents consent to Kika's Privacy Policy.

8. Termination

Your license to use the Software under this License shall continue until it is terminated by either party. You may terminate this License at any time by discontinuing use of all or any of the Software and by destroying all copies of the Software in your possession and control. This license granted to you under this License terminates automatically if you breach any term of this License. Section 3, 4, 5, 6 and 9 shall survive the termination of this License.

9. General terms

This License shall be construed and enforced in accordance with laws of the state of California. Any disputes arising under or in connection with this License shall be exclusively presented in and determined by the courts of the state of California (to the exclusion of others) and shall be subject to California Law (to the exclusion of others).

If any provision of this License is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

No waiver of any term shall be deemed a further or continuing waiver of such term or any other.

Except as expressly provided this License, this License constitutes the entire agreement between you and Kika with respect to your use of the Software.

In the event that the Software incorporates Content owned by a third party, each such third party shall be a beneficiary of this License and shall be entitled to enforce the terms of the same.

Kika reserves the right to modify and/or change any of the terms and conditions of this License at any time and without prior notice. If Kika materially modifies this License, it will post the updated License on its website. By continuing to use the Software after Kika has posted a modification of this License, you agree to be bound by the modified License. If the modified License is not acceptable to you, your only recourse is to cease using the Software.