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:

  1. 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.

11. Dispute Resolution

Governing Law: These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles.

Arbitration: Any disputes arising from these Terms will be resolved through binding arbitration in accordance with the rules of [Arbitration Association].

12. Changes to Terms

CloudKii reserves the right to modify these Terms at any time. Your continued use of the services following any changes indicates your acceptance of the new Terms.

13. Contact Information

For any questions about these Terms, please contact us at support@cloudki.io

About CloudKii

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Toll Free: 1-888-853-H.E.R.O
(1-888-853-4376)

Corporate Address:

CloudKii Systems
721 Allen Drive
Grand Rapids MN, 55744

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