CloudKii Terms of Service

Effective November 1, 2023

1. Acceptance of Terms

By accessing or using CloudKii's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms govern your use of CloudKii's website, products, and services.

2. Use of Service

Eligibility: You must be at least the age of majority in your state or province of residence. If you are using the services on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.

Account Registration: You must register for an account to access certain features of our services, ensuring your information is accurate and current.

License to Use: We grant you a limited, revocable, non-exclusive license to access and use our services for your personal, non-commercial purposes, subject to these Terms.

3. Intellectual Property Rights

Ownership and Copyright: All content, including text, graphics, logos, images, and software used in our services, is the property of CloudKii or its licensors and protected by copyright and other intellectual property laws.

User Content: You may post content as permitted by the services. You retain all rights to your content but grant CloudKii a worldwide, perpetual, irrevocable, royalty-free license to use, modify, display, distribute, and create derivative works from your content.

Trademarks: CloudKii, and related logos, products, and service names are trademarks of CloudKii. You may not use these trademarks without prior written permission.

4. User Conduct

Prohibited Activities: You agree not to engage in activities that: (i) violate any law, regulation, or these Terms; (ii) are harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (iii) infringe on the rights of any third party, including intellectual property rights; or (iv) introduce viruses or other harmful code to CloudKii's services.

5. Service Availability

Service Modification: CloudKii reserves the right to modify, update, or discontinue its services at its sole discretion, without notice.

Service Interruptions: CloudKii is not liable for any interruptions to the availability of its services, whether due to external factors or maintenance.

6. Third-Party Services

Third-Party Links: Our services may contain links to third-party websites or resources. CloudKii is not responsible for the content, products, or services on or available from such sites or resources.

7. Termination and Account Cancellation

Termination Rights: CloudKii reserves the right to terminate or suspend your account and access to the services if you breach these Terms.

Effect of Termination: Upon termination, your right to use the services will cease immediately, and you must cease all use of the services.

8. Disclaimers and Limitations of Liability

No Warranties: The services are provided on an "as is" and "as available" basis without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability: CloudKii shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the services.

9. Indemnification

You agree to indemnify, defend, and hold harmless CloudKii, its affiliates, officers, directors, employees, and agents from any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses arising from your use of the services, your violation of any term of these Terms, or your violation of any third-party right.

The Rules of the CloudKii Compensation Plan work like this:

10. Participation in our Compensation Plan doesn't necessitate a purchase.

    As part of the plan, each Affiliate in good standing is eligible to earn a 40% commission.

    For your understanding, we outline our Product Line and respective payout for each sale:

    PRODUCT PRICE

    The monthly fee for our flagship software license stands at $97/mo, with an annual option of $970/yr.

    Affiliates in good standing earn a 40% commission on all Software Products.

    Software such as ELMessenger Pro at $67/month and $670/year

    CloudKii CRM at $97/month and $970/year
    

    Gold upgrades can be added for a one-time payment of $997, with no limit on the number of times they can be purchased.

    Reseller Plans do not offer commissions to affiliates unless the affiliate maintains active reseller status.
    

    To secure proper market positioning and receive any due commission payouts, affiliates are required to complete an affiliate certification course.

    Any commissions not paid out after 180 days will be considered void.

    Please be aware that commissions WILL NOT be paid for the following reasons:

    - Tax forms have not been completed and submitted.

    - The required certification course has not been completed.

    - Commissions have not reached the minimum payout amount of $50.

    - It has not been at least 30-days since the commission is earned.
    
    Any product/service not mentioned in the above or within the Affiliate Terms of Service does not have a commission attached and therefore not eligible for Commissions to affiliates.

    Refunds, Chargebacks, and financial losses are redirected to the affiliate responsible for the sale.

    Leads generated by active affiliates in good standing that result in sales made with the assistance of a sales person on the CloudKii Team over Zoom, Phone, or other form of Electronic Media are split with the sales team. In situations where the sale is not closed directly by the affiliate, commissions are split such that 50% is allocated to the sales team.

    The term "Active" is given to affiliates, resellers, or partner accounts in good standing with the company. This status means that for the period of one (1) month or one (1) year from the recurring billing date, the company ensures operational business systems for the affiliates, login access to assigned websites, and the ability to receive commissions for sales made personally or through team efforts. Affiliates may terminate their relationship with the company at any time.

    If an affiliate acts in a manner deemed fraudulent, any commission payments may be revoked by the company. "NonActive" refers to the unpaid status of an account. Affiliates have nine (9) days from the time their credit card fails to process the initial time to reinstate their active status. Failing to do so may lead to the loss of pending Compensation.

SECTION 4 - SOFTWARE PRICING

By offering CloudKii products to your end-users and customers you are required to maintain the pricing integrity, including pricing increases as more features are offered. Any partner or sub-partner found offering "deals" outside of pre-approved pricing will be terminated and no refunds will be provided for any partnership fees previously paid.

Any form of discounts shall follow these strict rules:

You can only offer discounts when there is a special attached and only for a limited time.

ex: Black Friday Deals: You get ELMessenger Pro at $47 a month for 3 months then the price goes back to the normal advertised pricing.

ex: It's my Birthday and I'm giving you X free for 6 months/12 months when you purchase my course for $997 etc...

You can only offer the software for

FREE

when you offer something paid of equal or more value is attached.

You are NOT able to offer LifeTime Licenses or Lifetime SubAccounts there HAS to be a

RECURRING BILLING ATTACHED Any partner/reseller found violating these terms will be subjected to termination immediately.

SECTION 5 - CANCELLATIONS AND REFUNDS

Partnership fees include: Reseller Licenses, Empire Mastermind, One on One Coaching are

NON-REFUNDABLE

.

If a Partner who had given you a license cancels their partnership, your license will be moved down to a Basic account for the software.

If you purchased a license from the Partner who had canceled their account your license will be a Basic license and you'll need to reach out to them if a refund is needed.

Software products are refundable up to 30 days. If it's just over 30 days after the purchase a 15% service fee will be assessed and anything longer will not be refunded.

If you wish to cancel services with CloudKii, you must submit a request 48 business hours before your account is charged in order to avoid the service fees.

ChargeBack Terms:

Thank you for using our services. We strive to provide excellent customer support and ensure that you have a positive experience with our software-as-a-service (SaaS) platform. In the event that you encounter any issues or have concerns about your subscription or payment, we kindly request that you reach out to our support team first to allow us an opportunity to address and resolve the matter.

If, for any reason, you initiate a chargeback without prior communication or attempting to resolve the issue through our support channels, please be aware that the following terms will apply:

Failure to Submit a Support Ticket:

If you file a chargeback without first submitting a support ticket through our designated support system, we reserve the right to charge you for the SaaS fees, payment fees, and any associated penalties that are in dispute. The amount charged will be based on your subscription plan and the services used.

Lack of Response to Emails:

If you fail to respond to our emails seeking clarification or attempting to resolve the issue within a reasonable timeframe, we reserve the right to proceed with charging you for the disputed fees. It is important to check your email regularly and respond promptly to ensure a smooth resolution process.

Penalty Fee:

In the event of a chargeback without proper communication or response, we may impose a penalty fee to cover the additional administrative and processing costs incurred. The penalty fee will be a predetermined amount, as outlined in our terms of service or billing agreement.

Hourly Rate Charge:

If necessary, in cases where chargebacks are initiated without engaging with our support team, we may bill you an

hourly rate of $500 for a minimum of 4 hours

. This charge reflects the time and resources required to investigate, respond to, and resolve the chargeback claim.

Unpaid Invoices and Collections:

Any unpaid invoices resulting from a chargeback, as well as any associated fees, penalties, or charges,

must be settled within 30 days

of receiving notice from our billing department. Failure to make payment within this timeframe may result in the unpaid invoices being sent to collections. Please note that any additional fees or costs incurred during the collections process will be your responsibility.

We understand that certain circumstances may arise where you may feel the need to initiate a chargeback.

However,

we strongly encourage you to communicate with us first

, allowing us to work together to find an appropriate resolution. Our support team is committed to resolving any issues or concerns promptly and to your satisfaction.

By continuing to use our services, you acknowledge and agree to these chargeback terms. Please ensure that you familiarize yourself with our support policies and keep open lines of communication with our team to

avoid unnecessary charges or penalties

.

If you have any questions or require further clarification regarding our chargeback terms, please do not hesitate to contact our support team.

If you are not sure about using our services,

DO NOT PURCHASE

.

Need to contact support directly: Click Here to submit a support ticket

SECTION 6 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 7 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

For Fees on any of the services in our system please refer to this chart:

https://elmlink.co/fees

SECTION 8 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or refund according to our Return Policy.

We have made every effort to display as accurately as possible the features and images of our products that appear at the site. We cannot guarantee that your computer capabilities, network, or versions of any 3rd party sites you use that any of our software features will work with your devices, applications versions, or anything outside of our own control, or neglect.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel purchases per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 10 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 11 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 13 - PERSONAL INFORMATION

Your submission of personal information through the site is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 15 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

2. Trick, defraud, or mislead other users and us, especially in any attempt to learn sensitive account information such as user passwords.

3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

5. Use any information obtained from the Site in order to harass, abuse, or harm another person.

6. Make improper use of our support services or submit false reports of abuse or misconduct.

7. Use the Site in a manner inconsistent with any applicable laws or regulations.

8. Use the Site to advertise or offer to sell goods and services.

9. Engage in unauthorized framing of or linking to the Site.

10. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

11. Engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools.

12. Delete the copyright or other proprietary rights notice from any Content.

13. Attempt to impersonate another user or person or use the username of another user.

14. Sell or otherwise transfer your profile.

15. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCM”).

16. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

18. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site.

19. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

20. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

21. Except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

22. Use a buying agent or purchasing agent to make purchases on the Site.

23. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.

24. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

25. Offer lifetime accounts on any software or licensing packages is strictly prohibited and will result in immediate termination of your partnership account, including all user accounts that are under your partnership.

26. Use of the system is at your own risk. No spamming, sending messages to imported emails or phone numbers that had not opted into your system. We reserve the right to suspend or pause any accounts that are being misused, resulting in a termination and invoice for fees incurred if they occur; however until this clears we won't be able to turned back on again!

We operate under a Zero Tolerance policy, and if you are found violating these terms your accounts will be terminated and you will not be eligible for a refund of any fees paid.

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall

QwertyFace Media LLC

, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless

QwertyFace Media, LLC

and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 20 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws.

SECTION 22 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 23 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us

https://elmlink.co/support