Please carefully read this KwickConnect End User License Agreement (the “Agreement“), as it is a legal agreement between you, an individual or legal entity (“You”), and Weikid Industries, Inc., a California corporation dba KwickConnect (“KwickConnect” or “We”), regarding the use and implementation of the SecureForm Service (defined below). In order to use the SecureForm Service, You must first read and accept this Agreement. The KwickConnect Terms of Service (“TOS”), located at https://kwickconnect.com/terms are hereby incorporated by reference. To the extent of any conflict between the TOS and this Agreement, this Agreement shall control. By clicking the “I AGREE” or similarly labeled button, or by using the SecureForm Service, You represent and warrant that You have read and agree to the terms and conditions of this Agreement. If You agree to this Agreement on behalf of a legal entity, You represent that You have authority to bind that legal entity to this Agreement.
“Form” means a contact request form that is used to generate a Lead.
“Hosting Page” means a web page that hosts the SecureForm Script and contains a Form.
“Lead” means the data that is submitted by a user on a Form.
“Lead Buyer” means the entity receiving or purchasing the Lead, or those entities to which You have granted access to a Lead.
“Page” means a web page.
“Your Data and Content” means electronic data, information, or material captured and stored by the SecureForm Service and which a reasonable party would understand to be confidential or proprietary. Your Content and Data includes but is not limited to information pertaining to Leads that may contain individual, personally identifiable information.
“KwickConnect Account” means a paid account with the KwickConnect Service that provides the ability to claim SecureForm data.
“SecureForm Data” means the unique digital record that is issued by the SecureForm Script for a particular site visit and is stored on the SecureForm Server. Information collected and displayed with a SecureForm Data shall be in accordance with Schedule 1 attached hereto.
“SecureForm Server” means the computer system owned by KwickConnect that responds to requests generated by the SecureForm Script.
“SecureForm Service” means the service provided by KwickConnect that is designed to independently verify when and where an Internet Lead was collected, as detailed below.
DESCRIPTION OF THE SecureForm SERVICE
The SecureForm Service is designed to independently verify the origin of Leads through the use of the SecureForm Script. It is also intended to capture what was viewed by the site visitor on the Hosting Page, as well as the site visitor’s real-time interactions with the Hosting Page, and data inputs. The SecureForm Script is designed to operate as described herein. KwickConnect represents and warrants that it will not use the SecureForm Script for any malicious activity whatsoever, including without limitation taking control of Your site in any way.
After the SecureForm Script is installed on the Hosting Page, when a site visitor visits the Hosting Page, the SecureForm Script contacts the SecureForm Server, which then collects information about that site visit (in accordance with Schedule 1). The SecureForm Script also creates a hidden field in the Form that is used to collect and pass the SecureForm Data. If the site visitor completes the Form and submits his/her information (thereby generating a Lead), then the SecureForm Data, within that hidden field, should be collected and sent with the rest of the Lead data to the Lead Buyer.
GRANT OF RIGHTS TO THE SECURE FORM SCRIPT; LIMITED LICENSE
Subject to Your acceptance and compliance with this Agreement, KwickConnect hereby grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license during the Term (defined below) to use the SecureForm Script. Any new features provided by KwickConnect that augment or enhance the current SecureForm Script shall also constitute the “SecureForm Script” and shall be subject to this Agreement. All rights not expressly granted under this Agreement are retained by KwickConnect.
You may not, nor may You allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the SecureForm Script or the SecureForm Service for any purpose whatsoever. In addition, You will not attempt to discover any underlying methods algorithms, file formats or programming interfaces of the SecureForm Script or the SecureForm Service by any means or in any way interfere with its intended purpose. You may not allow any unauthorized third party to access the SecureForm Script for any purpose whatsoever. KwickConnect will monitor use of the SecureForm Script and reserves the right to block any party associated with any suspicious activity, as determined in KwickConnect’s sole discretion.
Nothing herein is intended to grant any rights to You or any other third party under any patent, copyright, trade secret, or other intellectual property right of KwickConnect, with the sole exception of the rights of You to use the SecureForm Script in accordance with the express provisions, and under the express limitations, contained in this Agreement.
UPDATES TO THE SECURE FORM SCRIPT
KwickConnect may occasionally make updates or modifications to the SecureForm Script that may affect Your Hosting Page (collectively, the “Technical Updates”). You can, by requesting updates email firstname.lastname@example.org to receive notifications from KwickConnect regarding such Technical Updates. KwickConnect will exercise reasonable efforts to provide You with sufficient time to test any Technical Updates prior to their release into production to ensure there are no adverse effects to your Hosting Page.
YOUR DATA AND CONTENT; PRIVACY
KwickConnect does not own Your Data and Content. You represent and warrant that You have the authority to collect, use, market, sell or distribute Your Data and Content, including but not limited to Leads, in compliance with applicable law; provided, that, nothing contained in this Agreement shall be construed as granting KwickConnect the right to collect, use, market, sell or distribute any such Data and Content, except in accordance with this Agreement.
Notwithstanding the foregoing, KwickConnect reserves the right to use aggregate, anonymized data relating to usage of the SecureForm Service (i.e., usage data that contains no personally identifiable information or Confidential Information) for legitimate business purposes, including but not limited to tracking and reporting on general industry trends.
You hereby grant to KwickConnect a non-exclusive, non-transferable, limited license, to use Your Data and Content solely to the extent that such license is required for provision of the SecureForm Service. You accept sole responsibility for all of Your Data and Content. You acknowledge that KwickConnect exercises no control over the information passing through the SecureForm Service or the SecureForm Script, and that KwickConnect assumes no responsibility for Your Data and Content.
DUTY TO MAINTAIN CONFIDENTIAL INFORMATION
In connection with providing the SecureForm Services, KwickConnect may have access to your proprietary and confidential information, including names of websites used to generate Leads, URL query string data, and the number of visitors to the Hosting Page. This information, including Your Data and Content collected by the SecureForm Script, shall be deemed Your “confidential information,” and KwickConnect shall not use it except as expressly provided in this Agreement.
Additionally, neither You nor KwickConnect shall use any information, whether written or oral, that relates to the other party’s business, products, processes, pricing, customer profiles, methods of operations, and confidential or proprietary or that a reasonable party would understand to be confidential or proprietary, except with the following exceptions: (i) information that is or becomes generally available to the public; (ii) information that was in its possession or known by it before receipt from the other party; (iii) information that was rightfully disclosed to it without restriction by a third party; (iv) information that was independently developed without use of any confidential information of the other party; or (v) information required to be disclosed by law or governmental regulation.
All KwickConnect products are hosted at facilities that maintain security in accordance with industry security best practices, including SSAE 16 compliance. KwickConnect products all utilize the industry standard security measures. SecureForm data will be encrypted in transit if a Hosting Page uses the HTTPS version of the SecureForm Script. However, You acknowledge and agree that no security measure is perfect or impenetrable, and KwickConnect will not be held liable for unauthorized access to our servers or databases. Therefore, KwickConnect cannot and does not guarantee that Your Content and Data will not be accessed by unauthorized persons.
The SecureForm Script has been designed to load quickly and asynchronously so as to have no noticeable effect on Page load times. If You believe that the SecureForm Script is having a negative effect on website performance, You should remove the SecureForm Script and notify KwickConnect immediately to allow KwickConnect support staff to assist in troubleshooting the issue. KwickConnect can make no warranties, express or implied, regarding website performance, as website performance is dependent on a number of factors beyond KwickConnect’s control.
Neither party may issue news releases or other public statements relating to this Agreement or the other party or the parties’ relationship without the express, written authorization from the other party. Furthermore, neither party will disclose the specific terms of its relationship with the other party to any third party.
REVISIONS TO THIS AGREEMENT
KwickConnect reserves the right to update and modify this Agreement from time to time. Any new features that augment or enhance the SecureForm Service or the SecureForm Script, including the release of new tools and resources, shall be subject to this Agreement, as modified. Your continued use of SecureForm Service or the SecureForm Script after any such revisions or modifications means You consent and agree to such changes. You agree to visit https://kwickconnect.com/end-user-license-agreement periodically to review the most current version of this Agreement.
TERM AND TERMINATION
The term (the “Term”) of this Agreement, with any posted revisions, will commence as of the earlier of the date You click “I AGREE” (or similarly labeled button) or by using the SecureForm Script, and will remain in effect as long as You continue to use the SecureForm Script, and it will continue to apply until terminated by either You or KwickConnect. KwickConnect reserves the right to change, limit, terminate, modify, or temporarily or permanently cease providing the SecureForm Script and the SecureForm Service, with or without prior notice.
Notices required under this Agreement by You must be provided in writing to KwickConnect at 5694 Mission Center Rd #141, San Diego, CA 92108, Attention: President, or by email to email@example.com. Notice by KwickConnect to You shall be deemed given when transmitted to the email address You used to create Your Account. If You send us an email, You agree that the User ID and alias contained in the email are legally sufficient to verify You as the sender.
GOVERNING LAW, VENUE
THE PARTIES AGREE THAT THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA, EXCLUDING ITS CONFLICTS OF LAWS RULES, WILL BE APPLIED TO GOVERN, CONSTRUE AND ENFORCE ALL OF THE RIGHTS AND DUTIES OF THE PARTIES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THIS AGREEMENT. THE PARTIES CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN SAN DIEGO COUNTY, CALIFORNIA, AND WAIVE ANY OBJECTION TO SUCH JURISDICTION OR VENUE.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that You will not use the SecureForm Service or the SecureForm Script in a manner that violates this Agreement. You must take reasonable precautions and procedures to prevent violation of this Agreement. Although KwickConnect does not assume the duty or obligation to monitor any materials created, posted or uploaded by You or any third parties, KwickConnect reserves the right, in its sole and absolute discretion, to monitor any and all materials posted or uploaded by You or any third parties at any time without prior notice to ensure that they conform to our usage guidelines and policies.
You represent and warrant: (i) that You are solely responsible for the development, operation, and maintenance of the Hosting Page and Your Data and Content; (ii) that You have the necessary rights and licenses, consents, permissions, waivers and releases to use Your Data and Content; (iii) that Your Data and Content does not (a) violate, misappropriate or infringe any rights of us or any third party, (b) constitute defamation, invasion of privacy or publicity, or otherwise violate any rights of any third party, or (c) is designed for use in any illegal activity or promote illegal activities, including without limitation use in a manner that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity; and (iv) that Your Hosting Page does not contain any virus, worm, trojan horse, logic bomb, wiretap, denial of service attack or other potential attack on us, any of our clients, or any facet of any of the SecureForm Services.
You agree to abide by all applicable local, state, national, foreign and international laws and regulations and that You will be solely responsible for all acts or omissions that occur on Your Hosted Page, including but not limited to the content of Your transmissions through the SecureForm Service.
Indemnification by Us. We will defend You against any claim, demand, suit or proceeding made or brought against You by a third party alleging that the use of the SecureForm Script in accordance with this Agreement infringes or misappropriates such third party’s intellectual property rights (a “Claim Against You”), and will indemnify You from any damages, attorney fees and costs finally awarded against You as a result of, or for amounts paid by You under a court-approved settlement of, a Claim Against You, provided You (a) promptly give Us written notice of the Claim Against You, (b) give Us sole control of the defense and settlement of the Claim Against You (except that We may not settle any Claim Against You unless it unconditionally releases You of all liability), and (c) give Us all reasonable assistance, at Our expense. If We receive information about an infringement or misappropriation claim related to a Service, We may in Our discretion and at no cost to You (i) modify the SecureForm Script so that it no longer infringes or misappropriates, (ii) obtain a license for Your continued use of the SecureForm Script in accordance with this Agreement, or (iii) terminate Your license to the SecureForm Script. The above defense and indemnification obligations do not apply to the extent a Claim Against You arises from Content, third-party services or software, or Your breach of this Agreement.
Indemnification by You. You will defend Us against any claim, demand, suit or proceeding made or brought against Us by a third party alleging that Your Content and Data, or Your use of the SecureForm Script or Content and Data in breach of this Agreement, infringes or misappropriates such third party’s intellectual property rights, or violates applicable law (a “Claim Against Us”), and will indemnify Us from any damages, attorney fees, and costs arising from or related to a Claim Against Us, provided We (a) promptly give You written notice of the Claim Against Us, (b) give You sole control of the defense and settlement of the Claim Against Us (except that You may not settle any Claim Against Us unless it unconditionally releases Us of all liability), and (c) give You all reasonable assistance, at Your expense.
Exclusive Remedy. This Section (“MUTUAL INDEMNIFICATION”) states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any type of claim described in this Section.
DISCLAIMERS; LIMITATION OF LIABILITY
While the SecureForm Service is designed to independently verify the origin of Leads through the use of the SecureForm Script and capture what was viewed by the site visitor on a Hosting Page, KwickConnect does not control what information is requested from a site visitor on Your Hosting Page. Accordingly, KwickConnect specifically disclaims any liability with respect to the information collected on Your Hosting Page or such information’s compliance or non-compliance with applicable laws and regulations, including the Telephone Consumer Protection Act or any rule or regulation implemented thereunder by the Federal Trade Commission, Federal Communication Commission or other regulatory body. The SecureForm Service does not provide legal advice, and any questions relating to the sufficiency of the SecureForm Data as a record of consent should be addressed to an attorney with expertise in this area of law.
YOU ACKNOWLEDGE AND AGREE THAT THE SECURE-FORM SERVICE AND THE SECURE FORM SCRIPT ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT, KWICKCONNECT (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “KWICKCONNECT PARTIES”), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SecureForm SERVICE AND THE SECURE FORM SCRIPT, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MORAL RIGHTS, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY KWICKCONNECT OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE OR INFORMATION PROVIDED.
KWICKCONNECT DOES NOT WARRANT THAT THE SECURE-FORM SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. KWICKCONNECT SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA AND CONTENT, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL THE PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SECURE-FORM SERVICE, THE SECURE-FORM SCRIPT, OR YOUR DATA AND CONTENT, OR RELIANCE ON OR PERFORMANCE OF THE SECURE-FORM SERVICE, THE SECURE-FORM SCRIPT, OR YOUR DATA AND CONTENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES. IN NO EVENT WILL KWICKCONNECT’S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO, IN WHOLE OR IN PART, THIS AGREEMENT, OR ANY SERVICES PROVIDED UNDER THIS AGREEMENT OR OTHERWISE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED $1,000.00 USD.
All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination of this Agreement, including without limitation, those relating to the parties’ representations and warranties, indemnification and limitation of liability, shall survive such termination.
Neither party will be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes, work slow-downs or other labor-related activity, or an inability to obtain necessary equipment or services.
You may not assign or otherwise transfer this Agreement, or Your rights or obligations under it, in whole or in part, to any other person. Any attempt to do so shall be void. KwickConnect may freely assign all or any part of this Agreement with or without notice.
KwickConnect’s failure at any time to insist upon strict compliance with any of the provisions of this Agreement shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
SECURE FORM DATA
Information collected and displayed with SecureForm Data:
- URL of Page: This is what the site visitor sees in the browser address bar. If the Hosting Page is within an Iframe, the URL of the Page will be determined using the Hosting Page’s referrer. If the Form is not framed, the referrer will not be captured. This is done to avoid capturing the actual Page referrer that may contain proprietary information that You would not want to disclose to another party. The Page URL will be truncated on the SecureForm Data to hide the query string.
- Framed URL: The URL of the Hosting Page in the event that is within an Iframe.
- HTTP headers from the visitor’s browser: User-Agent
- Date and time that the SecureForm Script was loaded at the Hosting Page where the visitor submitted his/her information as a lead, as well as the date and time of the various visitor interactions with the Hosting Page.
- IP address of the visitor’s computer
- Form Inputs. All Lead data input by the visitor on the Hosting Page.
- Browser profile information to assist in identifying fraudulent activity. All HTTP headers are collected but only User-Agent is displayed.
Information that may be unintentionally collected by the SecureForm Script:
- Query String Data: When capturing the Page URL where the Lead was collected, it is possible that additional data is captured as additional parameters appended to the Page URL. SecureForm captures the complete URL including any data that has been appended to the URL.
- Sensitive Data: You are prohibited from collecting Sensitive Data through SecureForm without
- Cookies: SecureForm does not collect third party cookies from Your websites or access any cookies outside of our domain. In the event the SecureForm Service inadvertently captures cookie data from Your website, such data will not be utilized for any purpose.