Last updated: 21.12.2002
Welcome to Kaminari Click!
This license is a binding legal agreement that governs the relationship between KADAM CY LTD, registered number ΗΕ 424427 (“Company”, “we”, “our”, “Kaminari Click”), a Cyprus-based company, and you (“you”, “your”, “Visitor”, “Customer”, “User(s)”) in regard to installing, using and otherwise accessing the Software and tools, as well as using and accessing the Service(s) and functionality of our Website.
We encourage you to read this End User License Agreement (“EULA”, “Agreement”) carefully. By installing or using the Software, accessing or using our Website, Service(s) and any information and content included therein, you agree to be bound by this Agreement If you do not agree with the EULA terms and conditions, please do not install the Software or otherwise use the Website and Service(s).
Account shall mean a personal account of the Customer on the Website using which the Customer may access and use the Service(s).
Audit shall mean the analysis of the webpage(s) lawfully owned or controlled by the Customer performed with the use of the Software in order to provide the Customer with a Report.
Software shall mean any Kaminari Click proprietary software code, including without limitation scripts, which shall be installed on the Customer’s webpage(s) lawfully owned or controlled by the Customer, for the purpose of providing the Service(s).
Customer shall mean a person or a legal entity that is an end user of our Software.
Customer’s End Users shall mean Customer’s users who view, access and interact with Customer’s webpage(s) and advertisements located on it.
Customer’s End Users Data shall mean the information on Customer’s End Users that the Customer instructed us to collect and process, including without limitation on such user’s device and its technical characteristics, connection type, browser and its settings, notification settings, CPU, WebGL, operational system settings, user agent, IP address, and other device information if available and needed to provide our Service(s).
Report shall mean reports and other forms of aggregated End User Data provided to you after you install and run our Software on your webpage(s).
Service(s) shall mean providing Customers with access to Reports and other functionalities available, in particular, after installing and using the Software on the terms hereof.
Subscription shall mean the prepaid access to the Service(s) and functions under subscription options on the terms herein.
Visitor shall mean a person who visits the Website without creating an Account.
Website shall mean our website at https://kaminari.click/ and its subdomains through which you may inform yourself on Kaminari Click tools, Service(s) and access them on the EULA hereof.
Wherever used in this EULA, “you”, “your” or similar terms shall mean the person or legal entity whether solely visiting our Website or accessing and using the Service(s) via an Account.
To access and use the Account and Service(s), you represent and warrant that you are over 18 years of age and have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions hereof.
If you access our Website, install the Software and use the Service(s) on behalf of a legal entity, you represent and warrant that you have the right and authority to enter into this EULA on that entity’s behalf and bind it to this EULA.
We may modify, amend or replace this EULA by posting a revised version on the Website, at any time and at our sole discretion. The new version of the EULA comes into force from the moment it is posted on the Website unless otherwise determined by the new version of the EULA.
Unless the amendments are of minor nature without having a material effect on your and/or our obligations, we will make reasonable efforts to inform you in advance of any material changes, but it is your responsibility to review the EULA from time to time and keep yourself updated. Continued use of the Service(s) (e.g., if you do not uninstall the Software and do not cease running it on your webpage(s)) after changes come into force will indicate your acknowledgement and agreement to be bound by the revised EULA.
Subject to your compliance with this EULA, creating an Account and payment of applicable fees, Kaminari Click grants you a non-exclusive, limited, revocable, non-sublicensable and non-transferable license to install, access, run and use the Software on one or more webpages that you lawfully own and control for your personal use or internal business purposes solely under the terms and conditions stated herein and in accordance with the Subscription option you activated (“License”).
The Software is licensed to you and not sold. Kaminari Click (or any third-party licensor) owns and retains all rights, title and interest to the Software. The Software does not include any items or content that is made available to you on other terms (see “Intellectual Property” below).
Except as expressly allowed in this EULA or with our express prior written consent, no part of the Software may be copied, modified, altered, reverse engineered, cloned, decompiled, reproduced, distributed, uploaded, posted, publicly displayed, translated, transmitted, broadcasted, sold, leased, rented, licensed or otherwise exploited for any purpose whatsoever. Please see “Your Use of the Software and Service(s)” for the full list of prohibited use of the Software.
The terms of the License is the term for which your Subscription is valid. We reserve the right, at our sole discretion, at any time, with or without notice, to suspend or terminate this License for any reason, in particular, but not limited to, if you violate the terms of this Agreement or any law provisions. The License shall expire immediately upon failure to comply with the terms of this EULA or your canceling of the Subscription.
Updates. Kaminari Click may from time to time update the Software by providing enhancements or improvements to its functionality (e.g. upgrades, new features, bug fixes). You understand and agree that any updates and modifications of the Software are considered an integral part of the Software and are subject to this EULA. We have no obligation to provide you with any updates or to enable any particular features and/or functionalities of the Software to you.
Kaminari Click provides you with the opportunity to effectively analyze the key information on Customer’s End Users of your webpage(s) and detect fraudulent activities and any suspicious actions based on the Reports that Kaminari Click provides.
When you act as a Visitor, you may familiarize yourself with information that is publicly available on the Website. However, you will need to register an Account to install the Software and get access to most of the Service(s).
When you access the Website as a Customer, you additionally may access the Service(s) through the Account, namely, to run an Audit once you install our Software on the webpage(s) you lawfully own or control and obtain aggregated statistics thereafter in the Reports based on Customer’s End Users Data to help you identify and detect fraudulent activities on your webpage(s) on terms thereof.
The Reports are available in real time in your Account. The number of Audits available per month and the number of corresponding Reports depend on the Subscription option.
DISCLAIMER: PLEASE BE NOTED THAT WE DO NOT CONTROL THE CONTENT OF YOUR WEBPAGE(S) AND REDIRECT LINKS ON IT. WE ARE NOT AND WILL NOT BE LIABLE FOR ANY DAMAGES OR HARM CAUSED BY CUSTOMER’S END USER(S) INTERACTIONS WITH YOUR WEBPAGE(S). THE REPORTS PROVIDED ARE BASED SOLELY ON THE INFORMATION WE ARE ABLE TO ACCESS AND PROCESS AFTER YOU INSTALL AND RUN THE SOFTWARE. THOUGH WE ENDEAVOR TO KEEP OUR SOFTWARE UNINTERRUPTED, NO WEB SERVICE IS TOTALLY SECURED FROM INTERRUPTIONS, BUGS, OVERLOADS AND OTHER MISTAKES THAT COULD AFFECT THE OUTPUT OF OUR SERVICE(S). THEREFORE, WE DISCLAIM ANY GUARANTEE OF THE ACCURACY OF THE REPORTS AND THE CONSEQUENCES OF YOUR INTERPRETATION AND USAGE OF THE REPORTS.
Please note that we may, at our discretion, amend the scope of the Service(s), as well as discontinue, or temporarily suspend the Service(s), modify, adapt, improve, or enhance the Service(s) at any time without prior notice. Any such updates or changes will be deemed part of the Service(s) and subject to this EULA.
You shall provide reliable, complete and accurate information during Account registration and keep your data up to date and complete. You are obliged to make appropriate changes to the Account information within a reasonable period of time after your data changes (e.g., email address). We reserve the right to change the registration form and add new fields and accordingly, therefore, require you to provide additional information to keep your Account active.
You are responsible for maintaining the secrecy of your login credentials. You are also responsible for all activities that occur in connection with your Account and under your login credentials. We are not liable for any loss or damages arising from your failure to maintain the confidentiality of your Account. You agree to notify us immediately of any unauthorized access to or use of your Account.
You shall create only one Account and shall not share your password, give access to and/or transfer an Account to third parties. Transfer of the Account shall mean transfer/selling of the login credentials to the Account to third parties as a result of which the Customer loses access to the Account.
We reserve the right to revoke the License, close your Account or suspend your Access to the Account and/or Service(s) in case of violation of this EULA and/or law requirements.
You may get access to the Software and our Service(s) on a prepaid basis after you successfully register an Account and choose a certain Subscription option. You may familiarize yourself with the list of paid Service(s), functions, fees and Subscription options on the Website and via your Account. If the most complete Subscription option does not suit you, we can agree on custom terms of cooperation.
To activate the Subscription, please select an appropriate Subscription option and proceed with the payment. The Subscription is activated upon the first successful payment transaction.
The Subscription is provided on a monthly basis (“Subscription period”) subject to your respective payment. Subscription options are determined by the number of Audits you want to run per month and/or available additional features.
By activating the Subscription you agree to the following:
Please note. If you have not used the Audits and other functionalities offered under your current Subscription option during the respective Subscription period, they are not transferred to the next period.
If the Subscription payment fails due to your bank card expiration, lack of funds or other reasons and you have not canceled the Subscription, we may suspend your Subscription until we successfully debit the required amount from your bank account.
You may cancel the Subscription at any time by contacting our support team at email@example.com. Upon our confirmation, the Subscription is canceled from the beginning of the next Subscription period. We do not provide partial payback for the unused Service(s).
Discontinuing use, refusal to use, lack of use in full or part of our Website or Service(s), and detection of inaccuracies and errors in the Service(s) will not result in automatic Subscription cancellation or a refund.
You may change the Subscription option at any time by contacting our support team at firstname.lastname@example.org.
Kaminari Click may amend the Subscription options, the scope of the Service(s) provided and features available under a particular Subscription option, the cost and terms of the Subscription at its own discretion. We will make the relevant amendments available for the public on the Website. We will undertake our best efforts to inform you of such changes timely via your Account or email address.
For the Customers who have already activated the Subscription, any amendments to the Subscription options shall enter into force after the first Subscription renewal following the amendments. If the Customer does not cancel the Subscription before such renewal occurs, it constitutes his/her full consent to such changes.
You shall pay for the Service(s) by transferring payment to our bank account. You may proceed with the payment with the options available when you select the Subscription option.
The cost of the Service(s) is indicated in the USD. However, you may proceed with the payment for the Service(s) in another currency in accordance with the EULA and conditions of the respective bank. In the case of payment in a currency other than the USD, conditions for currency conversion and cost recalculation are determined by the EULA and conditions of the respective bank.
Any payment under this EULA shall be deemed to have been made from the moment it is credited in full to our bank account.
DISCLAIMER: WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR POSSIBLE COMMISSIONS OR DOUBLE CONVERSIONS OF THE BANK.
If you have any questions regarding fees and/or payment procedure for our Service(s) you may contact our support team at email@example.com.
You agree to use the Software, Website and Service(s) in compliance with this EULA and applicable local, national, international laws and regulations. You warrant that your use of the Software and/or Service(s) does not infringe any third-party intellectual, privacy or other rights. You also agree to comply with data protection laws within any applicable jurisdiction when using the Software and our Service(s).
We are not and shall not be held responsible for your use of the Software, Website and/or Service(s) and Reports in a way that violates the law. Any fraudulent, abusive, or otherwise illegal activity may be grounds for revoking the License, closure of your Account or suspending your access to the Account and/or Service(s).
You are only allowed to use the Service(s) and Software particularly solely for your personal use or internal business purpose. Notwithstanding the below-stated restrictions, you may use Reports as reasonably required for your personal use or internal business purposes, provided that you properly acknowledge Kaminari Click as the source of the output.
By installing the Software, accessing and/or using the Website and/or Service(s), you agree not to (nor attempt to, nor allow any third party to):
We reserve the right to revoke the granted License, suspend or terminate your Account and access to the Service(s) without prior notice, if we, at our sole discretion, believe that you have engaged in any of the actions stated above or any fraudulent or abusive use, or misuse, of the Software, Website and Service(s).
The unauthorized or illegal use of the Software or the Service(s) or any other breach of the EULA will be investigated and appropriate legal action, including, in particular, civil, criminal or other legal proceedings, may be applied to you.
We use reasonable efforts to provide our Website and Service(s) on a permanent basis and without interruptions, but we expressly disclaim any liability with regard to possible unavailability of the Website or some functionalities.
Except for any planned or unscheduled maintenance, access to the Website and/or Service(s) may from time to time be unavailable, delayed, limited or slowed due to, among other things: servers, networks, telecommunication lines and connections, hardware (including your own device) failure; software failure (e.g. bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of screening programs, unreadable software); overload of system capacities; governmental or regulatory restrictions, court decisions or other external intervention; damage caused by natural disasters, wars, insurrection, riots, civil commotion, accident; or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond our control.
The License granted hereunder, your access to and use of the Website and Service(s) does not give you any ownership of, or any other intellectual property interest in any part of the Website, Service(s), Software or any content including any specific functionalities and technologies of our Service(s) (including past, present and future versions).
Kaminari Click and its products, related graphics, trademarks, logos, information, design, text, page content, visual interfaces, interactive features, button icons, scripts, compilations, source and object Software and other matters to the Website, Software and Service(s), as well as service names included in or made available through the Website and/or Service(s) (“Kaminari Click IP”) are owned and controlled by us or one of our affiliates or are licensed to us AND protected under applicable laws of the Republic of Cyprus and international copyright, trademark, trade dress, patent, and other intellectual property rights laws and regulations to the fullest extent possible. The copying, redistribution, use or publication by you of any part of the Kaminari Click IP, unless expressly permitted in this EULA, is prohibited.
Except for the limited License granted to you to use the Service(s) under Section 3 hereof we do not grant or assign to you any license, right, title, or interest in or to the Service(s) or any associated intellectual property rights.
We welcome your comments, suggestions or other feedback (“Feedback”) about how to improve the Software, Website and Service(s). By submitting the Feedback in any manner to us, you grant us the unlimited right, at our discretion, to use, disclose and otherwise exploit the Feedback, in whole or in part, without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND SERVICE(S), INCLUDING SOFTWARE AND REPORTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO COMMITMENTS OR WARRANTIES ABOUT:
WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY. WE DO NOT REPRESENT OR GUARANTEE THAT THE SOFTWARE, WEBSITE, OR SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, FREE FROM LOSS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION AND DISCLAIM ANY LIABILITY RELATING THERETO.
KAMINARI CLICK IS NOT RESPONSIBLE FOR ANY CONSEQUENCES IF YOU USE THE SOFTWARE ON THE WEBPAGE(S) WITH OTHER THIRD-PARTY APIS, SCRIPTS AND OTHER TOOLS, IN PARTICULAR, WE MAKE NO WARRANTIES WITH REGARD TO THE PROPER FUNCTIONING OF THE SOFTWARE OR ANY THIRD-PARTY TOOLS IN THIS CASE.
WE SHALL NOT BE RESPONSIBLE FOR ANY PROBLEMS WITH THE ACCOUNT, WEBSITE, SOFTWARE AND SERVICE(S), INCLUDING WITHOUT LIMITATION SYSTEM ERRORS AND OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTING, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS.
To the maximum extent permitted by applicable law, we are not liable whatsoever for your use of the Software, Website and Service(s). You understand and agree that we are not and shall not be liable for any consequential, indirect, special, incidental or other loss or damages, as well as loss of profits, loss of business, litigation costs or any other losses arising out of or caused by your use of or inability to use the Software, the Website and Service(s), whether based on warranty, contract, tort or any other legal theory, even if we know or has been advised on the possibility of such damage or loss. We are not liable for any third party’s claims of any nature. None of the Service(s) would be provided without such limitations.
No information you obtain from us or through our Website shall create any warranty or representation not expressly stated in this EULA. We have no liability for any failure or delay resulting from any reason beyond our reasonable control.
To the maximum extent permitted by applicable law, in no event shall our total liability to you in connection with the use of our Software, the Website and/or Service(s) exceed the amount paid by you for the Service(s) 3 months before the date of the incident. This limitation is cumulative and does not depend on the number of claims.
We are not and shall not be responsible for:
You understand and agree that the Website may contain links to third-party websites that we do not own or control. You access these third-party services at your own risk. While using these third-party services you are solely responsible for familiarizing yourself with the EULA and conditions of such third-party services. We are not a party to such agreements and they are solely between you and the third party.
Kaminari Click will not be liable for any ad fraud detected or not detected when providing the Service(s). Kaminari Click is not intended to and will not prevent any kind of ad fraud from occurring.
Limitations of liability do not purport to limit liability or alter your rights that cannot be excluded under applicable law.
If a dispute arises between you and us, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute, we encourage you first to contact us via means of communication available on the Website to try resolving your problem directly with us.
Any dispute or claim relating in any way to your access and use of your Account, our Software and/or the Service(s), or otherwise arising out of or relating to this EULA that cannot be resolved directly between you and us shall be resolved by the respective court of the Republic of Cyprus.
You and Kaminari Click agree that any litigation shall be limited to the dispute between Kaminari Click and you individually. To the fullest extent permitted by law: (i) no litigation shall be joined with any other litigation; (ii) there is no right or authority for any dispute to be resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
You and Kaminari Click agree that the following disputes are not subject to the above provisions concerning informal negotiations and mandatory litigation: (i) any disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; and (ii) any claim for injunctive relief.
Failure to enforce any right or provision in this EULA will not constitute a waiver of such right or provision. If any part of this EULA is found to be unenforceable, then that part will not affect the enforceability of the remaining parts of the EULA, which will remain in full force and effect.
You may not assign or transfer this EULA and any associated rights or obligations, or remedy hereunder without our prior consent. We may freely assign this EULA or subcontract our obligations without restriction.
All matters relating to this EULA, any access and use of the Software, Website, and our Service(s) shall be governed by the applicable laws of the Republic of Cyprus, without regard to its conflict of law provisions.
You install the Software and use the Service(s) at your own risk and for your sole responsibility. You agree to fully indemnify, defend and hold us and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, and employees harmless from any claim, demand or liability, including reasonable attorneys' fees, related to your use of the Software, Website, Account and Service(s) or any violation of this EULA or applicable law.
If you believe your personal data has been disclosed or otherwise used unlawfully and you did not consent to such disclosure, please contact us via means of communication available on the Website. If we confirm the infringement, we will delete your personal data immediately.
This EULA will remain in full force and effect as long as you continue to access or use the Software, Website, Account and Service(s). You may terminate your use of the Account and Service(s) at any time by deleting your Account.
We reserve the right to revoke the License, suspend or terminate your access to the Account and Service(s) at any time without prior notice, in the case we determine that you violate or fail to comply with this EULA or applicable law, without any liability and without provision of any compensation to you in this regard. All provisions of this EULA which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
Termination of this EULA will not limit our rights for reimbursement and other rights in case you violate any of the terms hereof or your obligations under applicable law.
Do you have any questions concerning this EULA? Please contact us via: