This page will provide a walk-through of our terms of service including important information about yours and our legal rights. When you sign up for LiftKit, you are accepting and agreeing to these terms. In an effort to make them as easy-to-understand as possible, this page will offer plain english annotations. Please keep in mind that the annotations are not official legal terms and cannot be used in a court of law to enforce the official text of the terms of service. We are providing them as a convenience and with the intention of providing clarity to each section.
Hi there, and welcome to LiftKit’s Terms of Service!
Out of respect and full transparency for you, we do encourage you to read this Agreement fully and with care. These Terms include the following sections: Your legal rights, automatic subscription renewals, warranty disclaimers, limitations of liability, resolution of disputes by arbitration and a class action waiver.
Also, we’ve done our best to make this Agreement fair for all parties, but if there are any suggestions or questions, please feel free to contact us.
Your account is your responsibility, and you need to meet a minimum age requirement to have an account.
If you wish to use the Services, you will need to create an account (“Account”). By so doing you agree to provide us with accurate, legal, and complete information for your Account, including updated billing name and address. In some instances, we may need this information to get in touch with you.
1.1 Keep your account safe
Your Account is your sole responsibility. Please keep it safe and protect sensitive information such as passwords to prevent unwillful access to your Account. In the event of unwillful, loss, theft or suspicious account activity, you must notify us immediately. We are not liable for any acts or omissions by you in connection with your Account.
1.3 Age restriction
By signing up for an Account to use the Services you signify that your age is 13 years or older. The Services are not intended for use by children. If you are younger than the age of 18, a parent or legal guardian must provide consent to this Agreement, and, depending on where you reside — they may be required to enter this Agreement on your behalf.
You own what you submit, but if it’s awesome, we may want to feature your site in our promotional material which will drive traffic to your site.
2.1 Ownership of User Submitted Content
These Services include the ability for you to upload content, including but not limited to text, photos, images, audio, video, code, and any other materials (“User Content”). Under this Agreement you remain the owner of your content. In addition, this Agreement does not grant us any rights to User Content.
2.2 Your License to Us
When you provide User Content by using the Services, you grant Eastbound Enterprises (dba LiftKit) a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services.
2.3 Featuring your site
We love when Users create awesome stuff. From time to time into perpetuity and free of charge, we may feature any portion of your Sites on our website, template selection pages, or advertising. This activity will result in more traffic to your website as well as provide other users the ability to understand the capabilities of this Service. If, for any reason you don’t want your Site(s) featured, you may opt out at any time by contacting our customer care team. TL;DR It’s your stuff but you’ll let us feature it if it’s awesome.
There’s rules to using LiftKit’s services, and you’re okay obeying them. Make sure you have the right to use content and give credit where it’s due. Also, don’t break the law or do something illegal that will force us to call the cops on you. That would suck.
3.1 Only Use Content that You’re Allowed To Use
With the ability to add content to your site via the Services, you agree to only use and upload content that you are legally allowed to use. Because your website is your sole responsibility, LiftKit will not be held liable for any images, photos, videos, audio or any other content (“User Content”) that was uploaded without authorization from its original source. If you are integrating with other apps or services, it is your responsibility to understand and adhere to their posting requirements. For example, if credit is to be given, you must clearly provide such credit to the source material. If we determine to use any of your content in the ways outline in this Agreement, you signify that your content is free from violation, privacy rights, intellectual property, copyright, trademark or other infringements that would put us at legal risk.
3.2 User Content Honour Code
It would be nearly impossible to review all of the User Content made available via the Services. As such, the Services may contain User Content: (a) that contains errors; (b) that is offensive or objectionable; (c) that violates intellectual property, privacy, publicly or other rights of third parties; (d) that is harmful to your computer or network; (e) the downloading, copying or use of which is subject to additional terms and policies. Your use of the Services does not in any way imply that we have provided consent, endorsement, or represent that the User Content is accurate, useful or non-harmful. We are not a publisher of, and we’re not liable for any User Content uploaded, posted, published or otherwise made available via the Services. As the User, you are responsible for taking precautions to protect yourself, and your computer or network from User Content accessed via the Services.
3.3 Our Service, Our Rules
You are responsible to conduct yourself in a way that adheres to the rules and Terms of this Agreement. To maintain good standing and alleviate the risk of Account termination, you must comply. As occasion requires, we may audit your Account for compliancy, but are not obligated to do so since you are solely responsible for your Account and User Content (except as outlined in section 3.4).
3.4 Obey The Law
By agreeing to these Terms you represent that you will also comply with the governing laws of your country, state, province, region or territory. In addition, you must comply with all government export regulations for the delivery of goods and services. For your reference, the following is strictly prohibited and may result in your Account being suspended, terminated, or flagged with the proper law enforcement officials. Promotion,distribution or sale, whether direct or indirect of illegal substances;Promotion, distribution or sale, whether direct or indirect of child pornography;Promotion, distribution, or sale of adult material including, but not limited to: pornographic video, images, photos, audio, exotic services, prostitution services, escort services or otherwise;Submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Eastbound Enterprises (dba LiftKit) or any third party, or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;Use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Services (or its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Services;Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Wix or any third party endorses you, your User Website, your business, your User Products, or any statement you make;Scan, probe, or test the vulnerability of the Services or any network connected to the Services;Sell, license, or exploit for any commercial purposes any use of or access to the licensed content and/or the Services, except as expressly permitted by Eastbound Enterprises (dba LiftKit);Purchase search engine or other pay-per-click keywords (such as Google Adwords, Facebook Ads, Instagram Ads or otherwise similar advertising platforms ads), or domain names that use LiftKit or LiftKit marks and/or variations and misspellings thereof.
3.5 Your Social and Online Community Responsibility
You have the ability to share User Content, not limited to social media and the open web. Please be considerate and therefore think before you share. We’re not responsible for what you share via the Services. TL;DR Don’t do anything illegal or stupid.
LiftKit has a cool integrations library that you can use to add apps and other services to your site. For example, Hotjar.
4.1 Third Party Services
The Services include access to a library of third-party apps and services that can be integrated with your Site(s) (collectively, “Third Party Services”) that will make available to you content, products, and website enhancements, such as domain and email services, analytics, images, or eCommerce tools that facilitate online shopping transactions. These Third Party Services each have their own terms and policies, and your use of them will be governed by those terms and policies. We have no control over Third Party Services and cannot be held liable for any transaction, or function you may enter into with them. In addition, you are solely responsible for your security in using those Third Party Services. You agree that, at any time, we reserve the right to, at our sole discretion and without any notice to you, suspend, disable access to or remove any Third Party Service. You agree that we are not liable for any such suspensions, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof (except where prohibited by law).
4.2 Integrations Marketplace
The Services include links to Third Party Services as part of the Integrations Marketplace (“Marketplace”). The Marketplace provides the opportunity for Users to connect their Site(s) to Third Party Services that may enhance the functionality of the Services. If you do not currently have a separate subscription to Third Party Services, we will provide an affiliate link which may include affiliate commissions if you choose to sign up for any of the Third Party Services we present via the Marketplace. You will not receive any or part of the affiliate commission as compensation or as a coupon that can be applied to your monthly subscription. You agree that affiliate commissions help us keep the cost of the Services manageable TL;DR You can add integrations to other apps and services. We’re affiliates and will get paid if you sign up.
We’re protected by copyright and trademarks in Canada and other countries. Your feedback is free of charge and will be used to make the Services better. Also, a Beta is a Beta.
5.1 Eastbound Enterprises (dba LiftKit) owns LiftKit
We are protected by copyright, trademark and other Canadian and foreign laws. The Terms of this Agreement do not grant you any right, title or interest in the Services, our trademarks, logos, or other brand features or intellectual property, or other users’ content in the Services. You agree to not change, translate, alter, or otherwise create derivative works of the Services.
5.2 Your Feedback is Free of Charge
We love hearing your feedback, but that doesn’t mean you can charge for it. Any feedback, ideas or suggestions (“Feedback”) is provided without any restriction or obligation to you, even after this Agreement is terminated.
5.3 A Beta is a Beta
Currently, the Services are in active Beta meaning that they will be updated and released for the purpose of testing and evaluating. They are provided to you as an early access and may not be as reliable during evaluation. We ask that you please keep this in mind and don’t judge too harshly.
5.4 Private Demo-Use Content
Any content provided in the Services as demo content is for private use only and may not be published on your Site(s) (“Demo Content”). Demo Content is provided for the strict purpose of providing inspiration and ideas to help you build your Site(s), and includes, but not limited to, images, photos, text, video, audio or otherwise. TL;DR Don’t infringe on our intellectual properties, copyrights or trademarks.
We have the right to shut your Account down if you violate the Terms of the Agreement or can’t figure out who actually owns your Account or Site(s).
6.1 We Can Do These Things
At any time and in our sole discretion, we reserve the right without liability and notice to you (except where prohibited by law) to: (a) make changes to the Services and their function; (b) restrict your access to all or parts of the Services; (c) terminate, suspend or restrict your Account or Sites; and (d) change our eligibility criteria to use the Services.
6.2 Ownership Disputes
There may be occasion where ownership of an Account or Site(s) is disputed between one or more parties, such as a business and its employee or a third party designer and its client. As a general rule, we will not get involved in such disputes, except for, and only in circumstances where law enforcement may require our participation. Where occasion requires, we reserve the right without liability, and in our sole discretion, to transfer site ownership to a rightful owner. If the rightful owner cannot be determined, we reserve the right to suspend an Account or site until a resolution is reached. At our discretion we may request supporting documentation, such as a credit card invoice and government-issued photo id, to help determine rightful ownership. TL;DR We will shut the party down if we have to, or reassign ownership.
Respect copyrights on other people’s intellectual property as well as their privacy. If not, we may have to suspend or terminate your Account.
We respect others’ intellectual property and ask that you do as well. We will respond to notices of alleged copyright infringement if they comply with the law. We reserve the right to delete or suspend content that is alleged to be infringing, and to terminate Accounts of repeat offenders without any refunds.
7. 2 Privacy
TL;DR Be smart. Don’t be creepy.
If you want your website live, you will pay a monthly fee. That monthly fee will continue to be charged for every month that you use the service. Chargebacks aren’t cool so don’t go that route. We won’t bite, promise! We use Stripe to process payments, and that’s where all of your information will be encrypted and securely stored. If something happens to Stripe, you will need to take it up with them.
8.1 Fees and Taxes
The use of certain LiftKit Services are subject to the payment of fees, as determined by us (“Fees). We will provide notice of such Fees in relation to paid Services. If you wish to use any such paid services, you are required to pay all applicable Fees in advance. For example, to publish your website, you will need to pay a subscription fee. Fees will remain in effect until cancelled or terminated in accordance with this Agreement. All Fees are in USD and are exclusive of all state or provincial taxes, levies, or duties imposed by taxing authorities (“Taxes”). We will charge Taxes in addition to the Fees for the Services when required to do so.
8.2 Notification of Fees
Prior to any charges, we will notify you of any Fees. At your discretion, you may cancel or pause any Fees associated with paid Services at any time through the billing settings in your Account. If Fees are not paid on time, we reserve the right to disable, suspend, pause, or terminate your Account without liability and at our sole discretion.
8.3 Automatic Renewals
In order to make sure you don’t experience interruptions in the Service, we will automatically bill you for certain paid Services from the date you submit your initial payment, and on each renewal period after that until explicitly cancelled by you. Your renewal period is based on the time of your initial subscription. For example, if you’re on a monthly subscription, each renewal period will be for one month. We will automatically charge you applicable Fees using the payment method on file. You can change your billing method or cancel your subscription at any time through the Services.
While you have the right to cancel any paid Service at any time, you will not be issued a refund except at our sole discretion, or if legally required by law in your region.
8.5 Changes to Fees
We may change our Fees at any time, but will provide you with ample written notice via the Services or by email. New Fees are not retroactive. If for any reason you do not agree to the new Fees, you may reject them by cancelling the applicable paid Service before your next payment date.
Should you contact your bank or other financial institution to decline, chargeback or reverse the charge of Fees owed to us (“Chargebacks”), we reserve the right to automatically Terminate your Account. If you have questions about your Fees, you are welcome to contact us at any time. We reserve the right to dispute any Chargeback and file for reclaiming any fees incurred by our payment processor.
8.7 Payment Processor
8.8 Fees for Third Party Services
Any fees incurred through Third Party Services via the Services will be subject to the refund policies of those Third Party Services and they may be non-refundable. The Terms for the Third Party Services will be defined during your payment process through them, and not through the Services. We do not offer refunds for purchases made through a Third Party Service. TL;DR Pay us, your site goes live. Don’t pay us, your site goes down.
TL;DR You can cancel at any time. So can we (if you violate the Terms). Either way makes us sad. :( This Agreement will remain in effect until you cancel or we terminate. You may cancel this Agreement at any time by contacting our customer support team or simply stop using and subscribing to the service at any time. We reserve the right to terminate the Service or suspend your Account without liability or notice. For example, we may terminate your Account without notice if it clearly violates these Terms.
LiftKit will help you do some cool things, but we don’t guarantee that you will get a cookie-cutter outcome. Because of that, the Services are offered “as is” without any warranty.
As permitted by law, Eastbound Enterprises (dba LiftKit) provides the Services on an “As Is”, “with all faults” and “As Available” basis. Therefore we make no warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warrant — all to the fullest extent permitted by law. Further, we do not warrant that the Services are complete, accurate, of any certain quality, reliable or secure in any way, suitable for compatible with any of your contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Services – so please be sure to verify those before using or otherwise engaging them.
We cannot be held liable for things that are out of our control. There’s a long list of them below if you want to read through them.
To the fullest extent permitted by law in each applicable jurisdiction, Eastbound Enterprises (dba LiftKit), its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (a) errors, mistakes, or inaccuracies of or in any content; (b) any personal injury or property damage related to your use of the the Services Services; (c) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (d) any interruption or cessation of transmission to or from the the Services Services; (e) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the the Services Services; (f) events beyond the reasonable control of the Services, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (g) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of the Services Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Eastbound Enterprises (dba LiftKit) Services to you, and such limitations will apply even if the Services have been advised of the possibility of such liabilities. TL;DR The wise man built his house upon the rock, regardless, LiftKit isn’t liable for certain risks.
If something bad happens as a result of your use of the Services, you hold LiftKit harmless to the fullest extent permitted by law. To the fullest extent permitted by law, you agree to indemnify and hold harmless LiftKit from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites and Your eCommerce; (c) any claims from your End Users; and (d) your violation of any law or regulation or the rights of any third party.
Even though we hope it doesn’t come to this, if there is something you would like to dispute you’re agreeing to informally take it up with us directly first. Also, you’re waiving the ability to create or combine in a class action. Any disputes that can’t be resolved informally with us will be governed by the Province of British Columbia. Springtime in BC is lovely.
13.1 Informal Dispute Resolution
We care about our Users. By agreeing to these Terms you also signify that you will try to resolve any disputes by first emailing email@example.com with a description of your dispute and claim. We will do our best to resolve your dispute by informal means by following up by phone, email, or other methods. Should we be unsuccessful at resolving your dispute within 30 days of receipt, either party may proceed formally.
13.2 Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations are prohibited by this Agreement.
13.3 Governing Law and Jurisdiction
The Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Terms, or any related transaction or purchase, will be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the Province of British Columbia, Canada, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Vernon, British Columbia. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded. TL;DR Let’s do everything we can to resolve disputes without courts first.
Here’s what you need to know about the entirety of this agreement, our relationship, waivers and how we will go about modifying the Agreement when needed. Also, the fun little TL;DR’s and other annotations aren’t part of the official agreement. They’re just here to walk you through it with a little more clarity.
14.1 Entire Agreement
14.2 Severability and Waivers
If any provision of the Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
The Terms of this agreement, and your use of the Services, do not, and should never be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us.
The use of headings and plain english in this Agreement are inserted for convenience only and shall not be used to define, limit or describe the scope of the Agreement or any of the obligations herein.
14.5 Modifications of the Terms
At any time, we reserve the right to modify this Agreement and these Terms but will always post the most current version on our site. If any modification reduces your rights in any way, you will be notified by the contact information provided in your Account or via the Services. Modifications will never be retroactive. By continuing to use the Services after any modifications come into effect, you are agreeing to be bound by the modified Agreement. If you do not agree with the changes, you should stop using the Services.
This Agreement was originally written in English (US). We reserve the right to translate this Agreement into other languages should occasion require. In the event that there is a conflict between a translated version and the English version, the English version will control.
TL;DR Let’s do this thing, K?