Master Services Agreement (Terms of Service)
Effective for New Customers: February 6, 2026
Effective for Existing Customers: March 11, 2026
1. Parties, Structure, and Scope
1.1 Parties
This Master Services Agreement (“Agreement”) is between Sitewit Corp, a Florida corporation doing business as Kliken (“Kliken”, “we”, “us”), and the person or entity accepting this Agreement (“Customer”, “you”). All references to “Kliken” in this Agreement mean Sitewit Corp.
1.2 Kliken GmbH as Billing Agent
Sitewit Corp may appoint Kliken GmbH, a wholly owned subsidiary, to act solely as Billing and Collections Agent for Sitewit Corp. Kliken GmbH is not a party to this Agreement, does not provide the Services, and has no contractual obligations to Customer.
1.3 Affiliates and Service Providers
Kliken may provide certain parts of the Services through its wholly owned affiliates and other service providers, including My Site Analytics LLC and Kliken GmbH. Sitewit Corp remains solely responsible to Customer for the Services provided under this Agreement.
1.4 Contracting Entity
This Agreement becomes effective upon the earliest of: (a) Customer’s acceptance of this Agreement; (b) Customer’s access to or use of the Services; or (c) Customer’s payment of fees for the Services.
1.5 Scope
This Agreement governs Customer’s access to and use of Kliken’s software-based advertising, optimization, analytics, catalog-processing, and related digital services (the “Services”).
1.6 Order of Precedence
For data protection matters: (1) Standard Contractual Clauses, (2) DPA, (3) Privacy Policy, (4) Cookie Policy, (5) EU/UK/Swiss Representative Notices, (6) DSA Compliance Notice, (7) this Agreement. For commercial terms, this Agreement controls.
2. Acceptance of Terms
2.1 Acceptance
You accept this Agreement by creating an account, connecting integrations, clicking to accept, submitting payment details, or using any part of the Services.
2.2 Authority
If you accept on behalf of an organization, you represent that you have authority to bind that organization.
2.3 Age & Capacity
You must have legal capacity and be at least the age of majority in your jurisdiction.
2.4 Business vs Consumer Use
If you use the Services for personal or household purposes, you are a consumer and may have additional non-waivable rights. If for commercial purposes, you are a business user and business-to-business rules apply.
2.5 Partner Access
Accessing the Services through a partner marketplace does not make the partner a party to this Agreement.
3. Modifications
3.1 Right to Modify
Kliken may update this Agreement where allowed by applicable law.
3.2 Material Changes
Material changes will be accompanied by legally required notice (typically at least 30 days). Continued use after the effective date constitutes acceptance.
3.3 Non-Material Changes
Non-material changes may take effect upon posting without additional notice.
3.4 Declining Changes
If you do not agree to a material change, you may cancel the affected Services before the change becomes effective.
4. Services
4.1 Scope
Kliken provides automated and semi-automated digital advertising and optimization Services as described in Exhibit A.
4.2 Delivery
The Services operate primarily through software, algorithms, integrations, and automated systems.
4.3 No Guarantee of Results
Kliken does not guarantee campaign approval, impressions, clicks, conversions, sales, revenue, or return on ad spend.
4.4 Platform Dependencies
The Services depend on third-party advertising platforms which may change, restrict, suspend, or discontinue features at any time. Kliken is not responsible for such platform actions.
4.5 Customer Responsibilities
Customer is responsible for: maintaining a functional, compliant website; providing accurate information; maintaining required advertising platform accounts; and complying with all platform policies and applicable laws.
4.6 Beta Features
Beta features are optional and provided “as is.” They may be changed or discontinued at any time.
4.7 Support
Kliken provides support as described in the applicable plan. No specific response times, service levels, or uptime commitments are guaranteed unless separately agreed in writing.
4.8 Nature of the Services; Automation; No Agency Relationship
The Services are primarily software-based and automated. Kliken does not provide advertising agency services, PPC management, daily human monitoring, SEO, or marketing consulting. Nothing in this Agreement creates an agency, fiduciary, partnership, or marketing-management relationship.
5. Platform Relationship
5.1 Independent Platforms
Advertising platforms are independent third parties that control ad approvals, delivery, eligibility, policy enforcement, APIs, and auction mechanics. Kliken does not control these systems or decisions.
5.2 Customer Platform Accounts
Where campaigns run through Customer-owned platform accounts, Customer is responsible for maintaining those accounts.
5.3 Platform Suspensions
Suspensions or restrictions imposed by an advertising platform do not constitute a breach by Kliken.
5.4 Platform Changes
Platform changes do not constitute a breach by Kliken.
5.5 No Platform Affiliation
This Agreement is solely between Customer and Sitewit Corp (Kliken). Advertising platforms are not parties to this Agreement.
6. Accounts & Customer Responsibilities
6.1 Registration
Customer must provide accurate, current, and complete information when registering and keep it up-to-date.
6.2 Security
Customer is responsible for safeguarding login credentials and for all activity under its account.
6.3 Website & Business
Customer must maintain a lawful, policy-compliant website, store, products, and business operations.
6.4 Compliance
Customer is solely responsible for complying with applicable laws, regulations, platform rules, and industry standards.
6.5 Customer Content
Customer is responsible for the accuracy, legality, and non-infringing nature of all content and materials provided.
6.6 Prohibited Use
Customer may not misuse the Services, engage in fraud, upload harmful code, circumvent platform rules, or interfere with systems or security.
7. Fees & Billing
7.1 Fees
Customer agrees to pay all applicable fees disclosed at purchase. Fees are separate from third-party advertising spend unless explicitly stated at checkout.
7.2 Billing Entity
All Fees are charged by and payable to Sitewit Corp. Kliken GmbH may collect payments as billing agent.
7.3 Automatic Renewal
Subscriptions renew automatically unless cancelled in accordance with this Agreement.
7.4 Payment Methods
Customer must maintain a valid payment method and authorizes Sitewit Corp (or its billing agent) to charge Fees when due.
7.5 Failed Payments
If a charge fails, Sitewit Corp may pause or discontinue the Services.
7.6 Taxes
Customer is responsible for any applicable taxes, except those based on Sitewit Corp’s income.
7.7 Billing Disputes
Customer must notify Sitewit Corp of any billing disputes within 30 days of the charge.
7.8 Refunds
Fees are non-refundable except as required by law or as stated in Kliken’s Cancellation and Refund Policy.
7.9 Currency
Fees are charged in the currency shown at checkout. Kliken is not responsible for exchange-rate differences or bank fees.
7.10 Partner Marketplaces
A partner platform may invoice Customer directly for access to the Services. The Customer’s contractual relationship remains solely with Sitewit Corp.
7.11 Billing Errors and Adjustments
Sitewit Corp may correct billing errors. Under-charges will not be sought more than 12 months after identification. Over-charges will result in a credit or refund.
8. Cancellation & Termination
8.1 Campaign Cancellation
Customer may cancel individual campaigns at any time via the dashboard or support channels.
8.2 All Campaigns Cancelled
If Customer cancels all campaigns, the Account remains active unless Customer explicitly cancels the Account.
8.3 Account Cancellation
To close the Account and terminate this Agreement, Customer must submit an explicit account cancellation request. Deleting or uninstalling an app, disconnecting integrations, or ceasing to use the Services does not by itself cancel the Account or stop billing.
8.4 Kliken Termination Rights
Kliken may suspend or terminate all or part of the Services, with or without notice, for fraud, abuse, policy violations, failure to maintain payment, or legal/reputational risk.
8.5 Inactivity
Kliken may suspend or terminate campaigns or Accounts due to inactivity (e.g., no active campaigns for 90 days, no login activity for 180 days).
8.6 Platform Appeals
Kliken may, but is not obligated to, assist Customer with platform appeals.
8.7–8.9 Changes, Effects of Termination, Survival
Upon termination, access ceases. Applicable provisions survive termination including ownership, confidentiality, disclaimers, limitation of liability, indemnification, and governing law.
9. Data & Privacy
Data practices are described in the Privacy Policy. Kliken GmbH acts only as billing agent and is not a data controller or processor for Customer. Where required, the DPA governs processing where Kliken acts as a processor.
10. Intellectual Property & License
All rights in the Services belong to Sitewit Corp and its licensors. Customer is granted a limited, non-exclusive, non-transferable, revocable license to use the Services for internal advertising purposes.
11. Confidentiality
The receiving party must protect Confidential Information with reasonable care and use it only for purposes of this Agreement. Confidentiality obligations survive for five (5) years after disclosure.
12. Warranties & Disclaimers
Kliken will provide the Services in a professional and workmanlike manner. Kliken does not warrant or guarantee results or performance metrics. AI and automated features may generate imprecise outputs; Customer must independently review and validate them. To the maximum extent permitted by law, the Services are provided “as is” and “as available” for business users.
13. Limitation of Liability
For business users, Sitewit Corp’s aggregate liability is limited to Fees paid in the six (6) months preceding the claim. Sitewit Corp is not liable for indirect, incidental, special, consequential, punitive, or exemplary damages. Customer is responsible for media spend and other amounts charged by third-party advertising platforms.
14. Indemnification
Customer will indemnify and defend Sitewit Corp against claims arising from Customer content, websites, products, business practices, data, misuse of the Services, or violations of law or platform policies.
15. Governing Law & Dispute Resolution
This Agreement is governed by the laws of the State of Florida, USA. Exclusive jurisdiction and venue: state and federal courts in Hillsborough County, Florida, USA. Disputes must be brought individually (no class actions where permitted by law). Business users must bring claims within one (1) year of accrual.
16. Miscellaneous
This Agreement is the entire agreement regarding the Services. Customer may not assign without Sitewit Corp’s consent. Sitewit Corp may assign to affiliates or in connection with mergers/acquisitions. The parties are independent contractors. English version controls.