Terms of service

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services “AS IS” for your internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access,

solely for your internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: ticlick@ticlickcrm.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services.

When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section.

Our use and distribution may occur in any media formats and through any media channels.

This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;

to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and

warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

AUTHORIZED USERS AND BROWSER COMPATIBILITY

Authorized Users will be able to access the Software through the Ticlick website. While the dashboard is fully functional through most browsers, Ticlick does not warrant that it will be fully accessible or operational with all browsers.

AUTHORIZED USERS

Only the specific individuals for whom you have paid the required fees and whom you designate through the “CONFIGURE Users” may access and use the Services . Some Services may allow you to designate different types of Authorized Users, in which case pricing and functionality may vary according to the type of Authorized User. Authorized Users may be your or your Affiliates’ employees, representatives, consultants, contractors, students, Partners, agents, or other third parties who are acting for your benefit or on your behalf. You may also permit your customers to have limited access to certain Services as Authorized Users, subject to the terms specified below.

1. If you designate any of your customers as Authorized Users, you will be responsible for their use of the Software or Hosted Services as you would be for any other Authorized User.
2. You may not charge your customers for any use of the Software or Hosted Service itself but may charge your customers as part of an overall program that includes access to your instance of the Software or Hosted Service.
3. As an Authorized User, your customers may interact with the Software or Hosted Service but may not receive any administrator, configuration, or similar access to the Service.
4. Ticlick will not have any direct or indirect liability or obligation to any of your customers. For the avoidance of doubt, your customers are not parties to, or third-party beneficiaries under, the Agreement.
5. You will defend, insure, and hold harmless Ticlick from and against any loss, cost, liability, or damage, including attorneys’ fees, for which Ticlick becomes liable arising from or relating to any claim brought against us by your customers arising out of their use of the Software or Hosted Services through you.

You are responsible for compliance with this Agreement by all Authorized Users. All use of Services by you and your Authorized Users must be within the Scope of Use and solely for the benefit of you or your Affiliates. “Affiliate” means an entity which, directly or indirectly, owns or controls, is owned or is controlled by, or is under common ownership or control with a party, where “control” means the power to direct the management or affairs of an entity, and “ownership” means the beneficial ownership of 50% (or, if the applicable jurisdiction does not allow majority ownership, the maximum amount permitted under such law) or more of the voting equity securities or other equivalent voting interests of the entity.

5. PURCHASES AND PAYMENT

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Discover
• PayPal

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

6. SUBSCRIPTIONS, BILLING, AND RENEWAL

(a) Commitment Term 

By subscribing to Ticlick, Customer agrees to a twelve (12) month subscription term (“Subscription Term”). The Subscription Term is binding and non-cancellable, except as expressly provided under this Agreement.

(b) Payment Options 

Customer may elect to pay for the annual Subscription Term: 

   (i) in a single upfront annual payment; or 

   (ii) in twelve (12) equal monthly installments. 

The payment option must be selected at the start of the Subscription Term and may not be changed during the Term without Ticlick’s consent.

(c) Free Trial 

Ticlick may offer a thirty (14) day free trial for new Customers. During the Free Trial, Customer may access the Services at no charge, subject to these Terms of Service. 

At the end of the Free Trial, the Customer’s account will not be charged automatically. The account will remain in a suspended state with limited or no access until the Customer upgrades to a paid Subscription Plan. 

Each Customer is limited to one Free Trial unless otherwise agreed by Ticlick.

(d) Billing and Invoicing 

If Customer selects monthly payments, invoices will be issued each month on the same calendar day as the subscription start date (or the nearest business day). If Customer selects annual payment, the full amount is due at the beginning of the Subscription Term. Payments must be made by credit card, bank transfer, or other approved payment methods.

(e) Automatic Renewal 

Subscriptions automatically renew for successive twelve (12) month terms at Ticlick’s then-current pricing unless either party provides written notice of non-renewal at least thirty (30) days before the end of the current Subscription Term. Renewal will follow the same payment option (annual or monthly) unless changed by Customer before renewal.

(f) Cancellation by Customer 

Customer may cancel the subscription effective at the end of the current Subscription Term by providing written notice at least thirty (30) days prior to renewal. Cancellation during an active Subscription Term does not relieve Customer of the obligation to pay all fees for the full twelve (12) months.

(g) Refunds 

All subscription fees are non-refundable, regardless of payment option (annual or monthly). No refunds or credits will be provided for early cancellation, unused months, or partial use of the Services, except where required by applicable law.

(h) Fee Changes 

Ticlick may adjust subscription fees for renewal terms by providing at least thirty (30) days’ prior written notice before the renewal date. Fee changes will not affect the current active Subscription Term.

(i) Termination by Ticlick 

If Ticlick terminates the subscription without cause before the end of the Subscription Term, Customer will be entitled to a pro-rata refund of prepaid fees for the unused portion of the Term. If termination is due to Customer’s breach of this Agreement, no refund shall be due.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services 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 Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

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

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.

Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.

Engage in unauthorized framing of or linking to the Services.
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 Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services. 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.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
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 “pcms”).
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of 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 Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, 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.
Sell or otherwise transfer your profile.

You may not use the Services to copy, reproduce, or create derivative works of Ticlick’s software or functionality, nor may you attempt to reverse engineer, disassemble, or otherwise misuse the Services for the purpose of developing a competing product or service.”

8. USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non- proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well- being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

9. CONTRIBUTION LICENSE

By posting, uploading, or otherwise making Contributions (as defined below) available through the Services, you grant Ticlick a worldwide, non-exclusive, royalty-free license to host, store, use, reproduce, display, and distribute such Contributions solely as necessary to operate, provide, improve, and promote the Services.

This license is limited to the purposes of:

• making your Contributions accessible to you and other authorized users,
• providing technical support, backup, and security, and
• ensuring the proper operation of the Services.

You retain all ownership rights in your Contributions, and nothing in these Terms transfers ownership of your Contributions to Ticlick. For clarity, “Contributions” do not include Customer Data, which remains subject to Section 23 (Data Ownership and Processing).

You represent and warrant that you have all rights necessary to grant this license and that your Contributions do not infringe or violate the rights of any third party.

10. MOBILE APPLICATION LICENSE Use License

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Services: (1) the license granted to you for our App is limited to a non- transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.

Reasonable Commercial Efforts for OS Support

We will make reasonable commercial efforts to support the latest Apple and Android operating systems. However, Ticlick does not guarantee support for any particular OS or version.

11. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third- Party Account, except the username and profile picture that become associated with your account.

12. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site or App) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Use of Google Maps Platform APIs

1. Google Maps Platform Terms of Service:

• By using our site/App, you agree to be bound by Google’s Terms of Service. You can review Google’s Terms of Service here.

2. Google Maps API Usage:

• Our site/App uses Google Maps Platform APIs. By using our site/App, you acknowledge and agree to be bound by Google’s Terms of Service.

3. Privacy Policy Notification:

• Our Privacy Policy includes a section notifying users that we use Google Maps APIs and incorporates by reference the Google Privacy Policy. You can review Google’s Privacy Policy here.

13 API AND INTEGRATIONS USAGE

13.1 Third-Party Integrations 

The Services may provide access to, or integration with, third-party applications, APIs, and services (including but not limited to WhatsApp, Stripe, Google, email providers, and payment gateways). Customer acknowledges that the availability and performance of such integrations depend on the third parties and are subject to their terms and policies.

13.2 No Warranty for Third Parties 

Ticlick does not warrant or guarantee the continued availability of any third-party integration or API. Ticlick may modify or discontinue integrations at any time if the third party changes its services, imposes restrictions, or discontinues functionality, without liability to Customer.

13.3 API Usage by Customer 

If Customer accesses Ticlick APIs directly, Customer must comply with Ticlick’s API documentation, rate limits, and security requirements. Customer shall not (a) reverse engineer or misuse the API, (b) use the API to create a competing service, or (c) exceed the permitted number of API calls or usage thresholds.

13.4 Customer Responsibility 

Customer is solely responsible for (a) obtaining all rights and permissions to use third-party services with the Ticlick platform, (b) ensuring that its use of such integrations complies with applicable laws (including data protection and messaging laws), and (c) any fees charged by third-party providers.

13.5 Indemnity 

Customer agrees to indemnify and hold harmless Ticlick from any claims, damages, or losses arising from Customer’s use of third-party integrations or APIs in violation of this Agreement or applicable third-party terms.

14. 14. MESSAGING AND COMMUNICATIONS COMPLIANCE

14.1 Customer Responsibility for Messaging 

If Customer uses the Services to send SMS, WhatsApp messages, emails, or other electronic communications, Customer is solely responsible for: 

1. a) obtaining and maintaining all necessary consents and permissions from recipients.
2. b) ensuring that the content and recipients of such messages comply with all applicable laws and regulations, including without limitation the U.S. Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the Controlling the Assault of Non-Solicited Pornography And Marketing Act, the General Data Protection Regulation (GDPR), and any equivalent international laws; and
3. c) complying with the guidelines and requirements of carriers, messaging platforms (including WhatsApp and Meta), and industry standards (such as CTIA for SMS).

14.2 Prohibited Messaging 

Customer shall not use the Services to send: 

1. a) unsolicited bulk or marketing messages (“spam)
2. b) content that is harassing, abusive, or illegal;
3. c) content that violates the terms of any third-party platform (e.g., WhatsApp Business Terms of Service); or
4. d) messages to recipients who have not provided valid opt-in consent.

14.3 Suspension for Non-Compliance 

Ticlick may suspend or terminate Customer’s messaging capabilities immediately, without liability, if Ticlick believes in its sole discretion that Customer has violated this Section or applicable messaging laws or regulations.

14.4 Indemnity 

Customer agrees to indemnify, defend, and hold harmless Ticlick from and against any claims, damages, fines, or penalties arising out of or related to Customer’s messaging activities, including but not limited to violations of applicable law or third-party platform rules.

15. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

16. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://ticlickcrm.com/privacy-policy By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.

17. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Effect of Termination

On termination of this Agreement for any reason:
– all licenses granted under this Agreement shall immediately terminate;
– the Customer shall cease all use of the Services and shall uninstall or delete any Software, library, or materials belonging to Ticlick from its systems and devices;
– Ticlick will make Customer Data available for secure export for a period of thirty (30) days following termination, after which Ticlick will permanently delete or anonymize such Customer Data, except to the extent retention is required by applicable law or for legitimate business purposes (e.g., billing records); and
– any rights, remedies, obligations, or liabilities of the parties that accrued prior to the date of termination (including the right to claim damages for breach) shall survive and not be affected.

18. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

Notice of Changes to Legal Terms. In the event of any material changes to these Legal Terms, we will provide you with at least thirty (30) days’ prior notice by sending an email from ticlick@ticlickcrm.com to your designated admin email address.

 to your designated admin email address. The modified Legal Terms will become effective on the date specified in the notice. If you do not agree to the updated Legal Terms, you may terminate your subscription before the effective date. Continued use of the Services after the effective date constitutes your acceptance of the updated Legal Terms.

19. SERVICE LEVELS AND SUPPORT

19.1 Uptime Commitment 

Ticlick will use commercially reasonable efforts to make the Services available with a Monthly Uptime Percentage of at least 99.9%, excluding planned maintenance, emergency maintenance, or downtime caused by factors outside of our reasonable control (including Force Majeure events).

19.2 Scheduled Maintenance 

We may perform scheduled maintenance from time to time. We will use reasonable efforts to provide at least 48 hours’ prior notice of any scheduled maintenance expected to cause downtime. Emergency maintenance may be performed without notice if necessary to address urgent issues.

19.3 Service Credits 

If Ticlick fails to meet the Uptime Commitment in any given calendar month, Customer may request a service credit equal to 5% of the monthly subscription fee for each full hour of downtime beyond the commitment, up to a maximum of 50% of the monthly fee. Service credits shall be Customer’s sole and exclusive remedy for downtime.

19.4 Support 

Ticlick will provide customer support via email and in-app helpdesk during regular business hours (Sunday–Thursday, 9:00–18:00 local Jordan Standard Time), excluding public holidays. Additional support or premium support packages may be offered under a separate agreement.

19.5 Exclusions 

The Uptime Commitment does not apply to: (a) any beta or trial Services; (b) downtime caused by Customer’s misuse, unauthorized modifications, or third-party systems not under Ticlick’s control; (c) outages resulting from internet or network issues outside Ticlick’s reasonable control.

20. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.

21. DISPUTE RESOLUTION

(a) Good Faith Negotiations.
Before initiating any formal action, the Parties shall attempt in good faith to resolve any dispute, controversy, or claim arising out of or relating to these Legal Terms through informal discussions for at least thirty (30) days.

(b) Binding Arbitration.
If the Parties cannot resolve a dispute informally, such dispute shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall take place in Delaware, USA, and the language of the arbitration shall be English. The arbitrator’s decision shall be final and binding, and judgment on the award rendered may be entered in any court of competent jurisdiction.

(c) Exceptions.
Either Party may seek injunctive relief or equitable remedies in any court of competent jurisdiction in Delaware to protect its intellectual property rights, confidential information, or data security interests.

(d) Class Action Waiver.
Disputes must be brought on an individual basis. To the maximum extent permitted by law, no arbitration or proceeding shall be joined with any other, and no dispute shall be resolved on a class-action basis.

(e) Attorneys’ Fees.
The prevailing Party in any dispute shall be entitled to recover its reasonable attorneys’ fees and costs.

22. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

23. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR

MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

24. LIMITATIONS OF LIABILITY

24. LIMITATIONS OF LIABILITY

To the maximum extent permitted by law, neither party shall be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, even if advised of the possibility of such damages. 

Except for (a) your payment obligations under this Agreement, (b) either party’s indemnification obligations, or (c) your breach of the “Prohibited Activities” section, each party’s total aggregate liability arising out of or relating to this Agreement shall not exceed the total fees paid by Customer to Ticlick under this Agreement in the twelve (12) months preceding the event giving rise to the claim.

FORCE MAJEURE

Neither party shall be liable or deemed in breach for any delay or failure to perform its obligations under this Agreement (except for payment obligations) if such delay or failure results from events beyond its reasonable control. Such events include, but are not limited to, natural disasters, acts of God, epidemics or pandemics, labor disputes, acts of government, war, terrorism, civil unrest, malicious damage, denial-of-service or other cyberattacks, power or Internet outages, or failures of third-party hosting providers or telecommunications networks.

The affected party shall use reasonable efforts to mitigate the impact and resume performance as soon as practicable. If the force majeure event continues for more than sixty (60) days, either party may terminate this Agreement by giving thirty (30) days’ written notice to the other.**

25. INDEMNIFICATION

25. INDEMNIFICATION

25.1 Customer Indemnity. 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) your use of the Services; (3) your breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it, and we reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us at your expense.

25.2 Provider Indemnity. 

Ticlick will defend, indemnify, and hold Customer harmless against any claim brought by a third party alleging that the Services, when used in accordance with this Agreement, infringe or misappropriate such third party’s intellectual property rights. Ticlick’s obligations are subject to: (a) Customer promptly notifying Ticlick of the claim; (b) Ticlick having sole control of the defense and settlement; and (c) Customer providing reasonable cooperation. Ticlick will not be liable for claims resulting from (i) Customer Data, (ii) modifications made by anyone other than Ticlick, or (iii) use of the Services in combination with products or services not provided by Ticlick. If the Services become, or in Ticlick’s opinion are likely to become, subject to such a claim, Ticlick may, at its option: (1) obtain the right for Customer to continue using the Services; (2) replace or modify the Services so they are non-infringing; or (3

26. DATA OWNERSHIP AND PROCESSING

26.1 Ownership of Data 

As between the parties, **Customer owns all rights, title, and interest in and to Customer Data**. Ticlick will not sell or share Customer Data with third parties except as necessary to provide the Services or as required by law. Ticlick retains all rights in System Data, Documentation, and its own intellectual property.

26.2 License to Use Customer Data 

Customer grants Ticlick a limited, non-exclusive, royalty-free license to process, store, transmit, and otherwise use Customer Data solely as necessary to provide and improve the Services, perform analytics, and ensure compliance with this Agreement.

26.3 Data Processing Roles 

For purposes of applicable data protection laws (including GDPR and CCPA), Customer is the “data controller” and Ticlick is the “data processor.” Ticlick will process Customer Data only in accordance with Customer’s documented instructions, this Agreement, and applicable law.

26.4 Security and Safeguards 

Ticlick shall implement and maintain appropriate technical and organizational measures designed to protect Customer Data against unauthorized access, loss, destruction, alteration, or disclosure. In the event of a data breach affecting Customer Data, Ticlick shall notify Customer without undue delay and provide reasonable cooperation to address the breach.

26.5 International Transfers 

Customer acknowledges that the Services may be hosted in the United States. By using the Services, Customer consents to the transfer of Customer Data to the United States and any other jurisdictions where Ticlick or its subprocessors operate, subject to appropriate safeguards as required by law (including standard contractual clauses where applicable).

26.6 Data Retention and Deletion 

Upon termination or expiration of this Agreement, Ticlick shall, at Customer’s request, return or delete Customer Data in its possession, except to the extent retention is required by law or necessary to protect legal interests. Ticlick may retain anonymized System Data indefinitely.

26.7 Subprocessors 

Customer authorizes Ticlick to engage third-party subprocessors to provide the Services, provided that Ticlick ensures such subprocessors are bound by data protection obligations no less protective than those set out in this Agreement.

26.8 Data Processing Addendum. Where Ticlick processes Personal Data on Customer’s behalf, the Data Processing Addendum at [https://ticlickcrm.com/legal/dpa] (including applicable standard contractual clauses and the current sub-processor list) is incorporated by reference.

27. CONFIDENTIALITY

27.1 Definition 

“Confidential Information” means all non-public information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”) that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be considered confidential. Confidential Information includes, without limitation, business plans, technology, technical information, product designs, business processes, pricing, and Customer Data.

27.2 Exclusions 

Confidential Information does not include information that: (a) is or becomes publicly available without breach of this Agreement; (b) was known by the Receiving Party before disclosure by the Disclosing Party; (c) is lawfully received from a third party without restriction; or (d) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information.

27.3 Obligations 

The Receiving Party shall: (a) use the Disclosing Party’s Confidential Information only as necessary to perform its obligations under this Agreement; (b) not disclose such information to any third party without the Disclosing Party’s prior written consent, except to its employees, contractors, or advisors who have a need to know and are bound by confidentiality obligations no less restrictive than those in this Agreement; and (c) protect the Disclosing Party’s Confidential Information using at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.

27.4 Compelled Disclosure 

The Receiving Party may disclose Confidential Information if required by law, regulation, or court order, provided it gives the Disclosing Party prompt written notice (unless prohibited by law) and cooperates with any efforts by the Disclosing Party to limit or contest the disclosure.

27.5 Survival 

The obligations in this Section shall survive for three (3) years after termination of this Agreement, except that obligations regarding Customer Data shall survive as long as Ticlick retains such Customer Data.

28. SECURITY AND BREACH NOTIFICATION

28.1 Security Measures 

Ticlick implements and maintains appropriate technical and organizational measures designed to protect Customer Data against unauthorized access, alteration, disclosure, or destruction. These measures include, at a minimum, encryption in transit, access controls, regular backups, and monitoring for unusual activity.

28.2 Breach Notification 

In the event Ticlick becomes aware of a security incident that has resulted in unauthorized access to Customer Data (“Data Breach”), Ticlick will: 

(a) notify Customer without undue delay, and in any event within seventy-two (72) hours, after becoming aware of the Data Breach; 

(b) provide details regarding the nature of the incident, the data impacted, and steps taken or planned to mitigate the incident; and 

(c) reasonably cooperate with Customer to comply with any data breach reporting or notification obligations required under applicable law.

28.3 Customer Responsibilities 

Customer is responsible for: 

(a) maintaining the security of its login credentials; 

(b) ensuring its Authorized Users follow best practices in accessing the Services; and 

(c) promptly notifying Ticlick if it becomes aware of any suspected unauthorized access to its account.

28.4 No Guarantee 

While Ticlick takes reasonable measures to safeguard Customer Data, Customer acknowledges that no system or method of transmission over the Internet is 100% secure, and Ticlick cannot guarantee absolute security of Customer Data.

29. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and

on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

30. SMS TEXT MESSAGING

Program Description

By opting in, you agree to receive informational and marketing text messages from Ticlick to the mobile number you provide. Message frequency varies. Message and data rates may apply.

Opt-Out and Help

Text STOP to end. Text HELP for help. Consent to receive texts is not a condition of purchase.

Carriers

Mobile carriers are not liable for delayed or undelivered messages.

Support

If you have questions about our SMS program, contact ticlick@ticlickcrm.com or (+962) 799991096.

31. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

32. EXPORT CONTROL AND SANCTIONS COMPLIANCE

32.1 Compliance with Laws 

Customer agrees to comply with all applicable export control, trade, and economic sanctions laws and regulations of the United States and any other relevant jurisdiction, including without limitation the U.S. Export Administration Regulations (EAR) and the sanctions programs administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC).

32.2 Restricted Access 

Customer represents and warrants that it is not: 

(a) located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. trade sanctions (including, without limitation, Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk, or Luhansk regions of Ukraine); 

(b) identified on, or owned or controlled by any person identified on, any U.S. government restricted party list (including the Specially Designated Nationals List, the Denied Persons List, or similar lists); or 

(c) using the Services for any purpose prohibited by applicable export control or sanctions laws.

32.3 Termination for Non-Compliance 

Ticlick may immediately suspend or terminate access to the Services without liability if Customer’s use of the Services would cause Ticlick to violate applicable export control or sanctions laws.

32.4 Responsibility 

Customer is solely responsible for ensuring that its Authorized Users and Affiliates comply with this Section and with all applicable export and sanctions regulations when using the Services.

32. PUBLICITY AND MARKETING

32.1 Use of Name and Logo 

Unless Customer notifies Ticlick in writing to the contrary, Customer grants Ticlick a limited, non-exclusive, royalty-free license to use Customer’s name, trade name, and logo solely for the purpose of identifying Customer as a client of Ticlick on Ticlick’s website, marketing materials, and presentations.

32.2 Case Studies and Testimonials 

With Customer’s prior written consent (email sufficient), Ticlick may develop and publish case studies, testimonials, or success stories highlighting Customer’s use of the Services.

32.3 Customer’s Marketing 

Nothing in this Agreement prevents Customer from publicly stating that it uses the Ticlick Services, provided that such statements are accurate and not misleading.

32.4 Opt-Out 

Customer may opt out of Section 26.1 at any time by providing written notice to Ticlick, in which case Ticlick will remove Customer’s name and logo from future marketing materials within thirty (30) days.

33. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

34. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Ticlick, LLC
4355 141st Ln NW Andover, MN 55304
United States
Phone: (+962)799991096 ticlick@ticlickcrm.com