1. Acceptance of Terms

• Kick Social (“Kick Social”, “We” or “Our”) provides its Service (as defined below) to You through its web site located at www.lideri.com (the “Site”), subject to these Terms.
• In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
• You can accept the Terms by (A) clicking to accept or agree to the Terms, where this option is made available to you by Kick Social in the user interface for any Service; (B) by payment for the Services; or (C) by actually using the Services. By performing one of these three options, you understand and agree that Kick Social will treat your use of the Services as acceptance of the Terms from that point onwards.
• You can pay for the Services either by using your PayPal account, by entering your credit card information, or by any other means as published, from time to time, on the Services website. Alternatively, you can contact us to agree on other methods of payment (such as invoicing). If you sign up for the Services online in the user interface for the Service, you agree that you will be charged periodically by Kick Social pursuant to the payment conditions specified at checkout. In addition, you expressly acknowledge and agree that the initial price may change if you upgrade or change your subscription plan within the Service. You will always be informed about the price modification prior to making the upgrade or changing your subscription.
• Kick Social is not responsible for the payment processing provided by any third party.
• You acknowledge that these Terms constitute a contract between You and Kick Social, even though it is electronic and is not physically signed by You and Kick Social. You further acknowledge that these Terms govern Your use of the Service and, except for written addendums signed by the parties that specifically modify these Terms, these Terms supersede any other agreements between You and Kick Social.

2. Availability of the Site

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Site access may be interrupted, suspended or terminated. You further understand that there may be interruptions in service or events on third-party sites, including, but not limited to, Facebook, Twitter, etc., that will affect your use of the Service (defined below) and that are beyond our control to prevent or correct. Interruptions in the Service that are beyond our control shall not serve as a basis to terminate your subscription or demand a full or partial refund of any prepaid fees.

3. Description of Service

• During the Term, subject to the terms and conditions of this Agreement, and solely for your personal or internal business purposes, Kick Social grants you and your Authorized Users a right to access and use our Services for the number of Seats purchased, and support, if applicable, in accordance with the plan you selected.
• Kick Social is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Kick Social provides may change from time to time without prior notice to you.
• You understand and agree that Kick Social may disable access to your account for non-payment or other material breach of the Terms, and that in such case you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. If your access to the Services had been disabled for non-payment or other material breach of the Terms, and subsequently was reactivated, the period for which you could not access the Services shall not be refunded to you in any way and your original Service subscription term shall not be extended by the period equal to the period for which you could not access the Services.

4. Mobile Applications

Kick Social makes Mobile Applications to access the Service via a mobile device. To use the Mobile Application You must have a mobile device that is compatible with the mobile service. We do not warrant that the Mobile Application will be compatible with Your mobile device. Kick Social hereby grants to You a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by You, for Your personal use.

5. Your password and account security

• You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
• Accordingly, you agree that you will be solely responsible for all activities that occur under your account.
• If you become aware of any unauthorized use of your password or of your account, you agree to notify Kick Social immediately at info at lideri dot com.
• Kick Social uses Facebook Connect and other authentication methods for authorization of users. If your Facebook account or any other account used for registration and/or signing in the Services is deleted or non-functional, you may no longer be able to access the Services.

6. Privacy and your personal data

• In providing You the Service We shall maintain appropriate administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Your data and the personal data of Your end-users. When you access our Services through Facebook Connect we collect the personal data from your public social network profile that you use for registration. When you register via other authentication methods, we receive their email address and password. Kick Social uses and processes such personal data (including any other personal data you may voluntarily provide us with), and combines them with data from our other Services and from publicly available sources, for the purpose of providing the Services (including user verification), to inform about our Services and their features (including new offerings), and to provide a better user experience, including Services that display customized content or advertising of our products or services, and a seamless customer support.
• You agree that the monitoring software used by Kick Social may automatically record information when you visit our website or use some of our products, including the URL, IP address, browser type and language, and the date and time of your request; this helps us analyze usage of the system for further improvements and our health metrics.
• The Privacy Policy governs our treatment of any information, including personally identifiable information, you submit to us. Please note that certain information, statements, data, and content which You may submit to or through the Service may reveal your gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge that Your submission of any information, statements, data, and content to Us is voluntary on Your part. The Privacy Policy is incorporated into this Agreement by reference.
• You agree that Kick Social may also share personal data with third parties in limited circumstances, including when complying with legal process, enforcing or defending our legal rights, preventing fraud or imminent harm, and ensuring the security of our network and services, provided that in such circumstances Kick Social will only share the limited personal information that is required to be shared in the unique situation.
• By providing any data (including personal data) to Kick Social while using the Services, you declare that you have all necessary consents, permissions or registrations to process the provided data in this way. /kick Social is not liable for any misprocessing of data that could occur by your provision of the data to Kick Social.
• You agree that Kick Social may contact you in the future regarding their Services.

7. Intellectual Property Rights

• Kick Social retains all rights, title and interest in and to all patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”) related to the Service. The rights granted to You to use the Service under these Terms do not convey any additional rights in the Service, or ownership of any Intellectual Property Rights associated therewith.
• As between You and kick Social You own the information you provide Kick Social or input on third-party websites through the Service. You grant Kick Social a nonexclusive, revocable, worldwide, perpetual, unlimited fully paid up and royalty-free right to us to use copy, prepare derivative works of, distribute, publish, remove, retain, add, process, or analyze the foregoing described information for the sole purpose of providing the Service to You and Your Users (as defined below). By providing information to us or to third-parties through the Service, You represent and warrant that You are entitled to and authorized to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. As between You and Kick Social You own the information you provide Kick Social or input on third-party websites through the Service. You grant Kick Social a nonexclusive, revocable, worldwide, perpetual, unlimited fully paid up and royalty-free right to us to use copy, prepare derivative works of, distribute, publish, remove, retain, add, process, or analyze the foregoing described information for the sole purpose of providing the Service to You and Your Users (as defined below). By providing information to us or to third-parties through the Service, You represent and warrant that You are entitled to and authorized to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
• All rights, title and interest in and to the Service and its components, including all related intellectual property rights, will remain with and belong exclusively to Kick Social and its third-party vendors.
• Unless you have agreed otherwise in writing with Kick Social, nothing in the Terms gives you a right to use any of Kick Social' trade names, trademarks, service marks, logos, domain names and any other distinctive brand features. For the avoidance of doubt, if any Service’s deliverables such as reports generated by you through the use of the Service include Kick Social’ trade name, trademark, service mark, logo, domain name or other distinctive Kick Social’ brand features.
• You agree not to remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
• Unless you have been expressly authorized to do so in writing by Kick Social, you agree that in connection with the Services, you will not use any trade mark, service mark, trade name, logo of any third party company or organization in a way that is intended to cause confusion about the owner or authorized user of such marks, names or logos.

8. Content in the services

• A. You understand that all information such as, without limitation, data files, written text, computer software, music, audio files or other sounds, photographs, and videos or other images (all such information being hereinafter referred to as the “Content”) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such Content originated.
• B. You agree that you are solely responsible for (and that Kick Social has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Kick Social or third parties may incur and including any other legal liability, whether liability under civil, commercial, tort, penal or administrative law or any other legal theory) by doing so. You shall indemnify and hold Kick Social harmless from all claims and all liabilities, costs, proceedings, damages and expenses awarded against, or incurred or paid by Kick Social as a result of or in connection with your breach of any third party’s intellectual property or similar rights.

9. Your use of services

• Subject to the terms and conditions of these Terms, You agree to access and use the Service only for Your internal business purposes as contemplated by these Terms. In order to access certain Services you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service or as part of your continued use of the Services. You agree that any registration information you give to Kick Social will always be accurate, correct and up to date.
• You agree to use the Services only for purposes that are permitted by (A) the Terms; (B) any applicable law, regulation, generally accepted practices, or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the EU, the United States or other relevant countries); and (C) any other applicable rules (including, without limitation, Facebook and Twitter rules).
• To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Service, or not otherwise prohibited from having a lideri.com account, (3) are not a competitor of Kick Social or are not using the Service for reasons that are in competition with Kick Social; (4) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (5) will not violate any rights of Kick Social, including intellectual property rights such as copyright or trademark rights; and (6) agree to provide at Your cost all equipment, software, and internet access necessary to use the Service.
• You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
• You agree that you are solely responsible for (and that Kick Social has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Kick Social may suffer) of any such breach.

10. License from Kick Social

Kick Social gives you a worldwide, royalty-free, non-assignable and non-exclusive right and license to access and use the Services through the Software, on a subscription basis, for the term and in the scope designated by the Terms. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Kick Social, in the manner permitted by the Terms. You acknowledge that this is a service agreement and we will not be delivering copies of the Software to you as part of the Services.

11. Content License from you

• You retain copyright and any other intellectual property rights you already hold in Content which you submit, post or display on or through the Services. By submitting, posting or displaying the Content on or through, the Services, you give Kick Social a worldwide, royalty-free, and non-exclusive license for the term of the Services to use, reproduce, adapt, modify, and publish (on your behalf and pursuant to your instructions) on social networks any Content which you submit, post or display on or through the Services. The license granted in this Section is for the sole purpose of enabling Kick Social to display, distribute, improve and promote the Services to you.
• If you provide, as part of your use of Kick Social’ Services or as part of the Content which you submit, post or display on or through the Services, any photograph or other materials protected by personality or privacy rights, you specifically agree that Kick Social may use such photograph or other materials for the sole purposes of providing the Services.
• You confirm and warrant to Kick Social that you have all the rights, power and authority necessary to grant the above license.

12. Cancellation and Termination

• You may cancel your account with Kick Social at any time; however, unless Kick Social is in breach of this Agreement and does not cure said breach within thirty (30) days of receiving written notice from You of an actual breach, identifying specifically the nature of the breach, You are not entitled to any refunds. We may suspend or cancel Your account without notice or refund to You if you violate this Agreement. If your account is cancelled, Kick Social reserves the right to remove Your account information along with any account settings from our servers with NO liability or notice to You. Once Your account information and account settings are removed, You will not be able to recover this data and You will lose access to all of Your content (except that content stored/published to third-party websites, that data will remain on said third-party websites pursuant to those website’s terms and conditions). If You cancel the Service before the end of Your current paid-up subscription period, Your cancellation will take effect immediately and You will not be charged again.
• When your legal agreement with Kick Social comes to an end, all of the legal rights, obligations and liabilities that you and Kick Social have benefited from, been subject to (or which have accrued over time whilst your legal agreement with Kick Social has been in force) and which are expressed to continue indefinitely, shall be unaffected by this cessation.
• Kick Social reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any/all current and future use of the Service, suspend or terminate your account or any part thereof (or Your use of the Service), and remove and discard any of Your content within the Service if We believe that You have violated these Terms. Kick Social will use reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity may be grounds for immediate termination of Your use of Service, and may be referred to law enforcement authorities. Kick Social shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.

13. Disclaimer of Warranties and Liability

• The service, including the site and content, and all server and network components are provided on an “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by law, and sprout Kick Social expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.
• Kick Social does not represent or warrant that the service, content or materials from or related to the service are accurate, complete, reliable, current or error-free or that the site or the service, servers, or any platform applications are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and use industry-recognized software to detect and disinfect viruses. All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material, data or software (including any mobile client) from or through the site, the software, or any platform applications at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.
• No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.
• KICK SOCIAL CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE.
• We do not monitor content published through the Service and We are not responsible for content published through the Service. Notwithstanding the foregoing, Kick Social reserves the right to delete, move, or edit messages or materials, including, but not limited to, advertisements, public postings, and messages, that we, in our sole discretion, deem necessary to be removed.

14. Limitation of Liability

• Kick Social' liability for damage incurred by you as a result of or in connection with the Services shall be limited to direct damages up to the amount you paid to Kick Social for the Services giving rise to that liability during the last three months before the occurrence of Kick Social' liability (or amount corresponding to a three month Service fee, as applicable). Kick Social and you agree that this limitation reflects the damage that can be foreseen at the time of conclusion of this legal agreement between you and Kick Social, taking into account all circumstances the parties know or should know while exercising due care and that can arise from a breach of Kick Social’ obligations under these Terms.
• Limits on monetary damages. Notwithstanding anything to the contrary in these terms, Kick Social’s (including any of its affiliates) aggregate liability for damages (monetary or otherwise) under these terms shall be limited to the payments made by you for the service during the twelve (12) months preceding the claim.
• Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE JURISDICTIONS, Kick Social’ S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

15. Indemnification

You agree to defend, indemnify, and hold harmless Kick Social from and against any claims, actions or demands, including, without limitation, reasonable legal and professional services fees, arising or resulting from Your or Your Users’ breach of these Terms, or Your and Your Users’ access to, use, misuse or illegal use of the Service. Kick Social will provide You notice of any such claim, suit, or proceeding. Kick Social reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, in which case You agree to cooperate with any reasonable requests to assist Kick Social’s defense of such matter.

16. Changes of terms

• Kick Social may make changes to the Universal Terms or Specific Terms from time to time. When these changes are made, Kick Social will make a new copy of the Universal Terms available at http://www.lideri.com/online-terms-andconditions and any new Specific Terms will be made available to you from within, or through, the affected Services.
• You understand and agree that if you use the Services after the date on which the Universal Terms or Specific Terms have changed, Kick Social will treat your use as acceptance of the updated Universal Terms or Specific Terms.

17. No Waiver

Kick Social’s failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of these Terms.