RiteKit Terms of Service (TOS)

Terms of Service

These Terms of Service ("TOS") govern your access to and use of the Services, including our various websites, email notifications, buttons, and widgets, and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms.

By accessing or using the Services you agree to be bound by these Terms.

Basic Terms

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites (go to the Settings page to control who sees your Content). You should only provide Content that you are comfortable sharing with others under these Terms.

You may opt to associate one or more social network accounts for one or more social networks with your RiteKit account. By doing so, you acknowledge that these accounts are your own, and that you may wish to share and/or schedule content to be sent from RiteKit to your social stream from these accounts in these social networks. RiteKit will not share to the user’s accounts without actions initiated by the user.

What the user does with hashtags and other data garnered from RiteKit A.I., Reports, Collections (or any other RiteKit features), as well as content shared from RiteKit, and created in RiteKit, the user takes responsibility for.

You may use the Services only if you can form a binding contract with RiteKit and are not a person barred from receiving services under the laws of Japan, the United States of America, the Czech Republic or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that social networks provides are always evolving and the form and nature of the Services that RiteKit provides may change from time to time without prior notice to you. In addition, RiteKit may suspend (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by RiteKit on the Services are subject to change. In consideration for RiteKit granting you access to and use of the Services, you agree that RiteKit and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

1. Responsibilities Regarding Content and Services

RiteKit provides no warranty, expressed or implied, for the Content that Free and paid users share from RiteKit as social updates (Tweets, Googleplus posts, facebook updates, blog posts or elements thereof, etc.). URLs created in RiteKit and URLs shared from RiteKit (or its applications, widgets, and browser extensions/plugins) are provided without warranty, expressed or implied. RiteKit provides no warranty for posts shared from RiteKit, Tag Optimizer, or RiteKit applications or widgets. Posts may fail to appear in users’ social streams. URLs may break and/or expire. RiteKit provides the most accurate data on hashtags used with query word(s) but provides no warranty, expressed or implied, for the accuracy of the RiteScore algorithm, the length or color deepness on hashtag suggestion lines in Tag Optimizer or RiteKit Reports, hashtag influencers or the times they have recently used a hashtag, or the instances of a hashtag appearing in content in social networks. Like all social media tools that retrieve data from social networks, RiteKit is limited by each and every social network as to the volume of data it may retrieve. Based on a representative sample, as current as possible, RiteKit provides evidence of activity with hashtags and from this, users are expected to make their own judgements regarding:

hashtags to save in Tag Sets (and whether to make Tag Sets public and/or whether to share them)
hashtags to use with posts, and how many times and how frequently
who influencers, or top users of a hashtag are, and what to do with this know-how
what content to save and/or share from RiteKit, whether directly or indirectly, and how frequently to do so and which social networks and/or sites to share it to
what they discover from Stats and/or Tag Optimizer’s My Top-Performing Tags.

2. Privacy

Any information that you provide to RiteKit is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to Japan, the United States of America, the Czech Republic and/or other countries for storage, processing and use by RiteKit. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your RiteKit account, which you may not be able to opt-out from receiving.

You are able to opt-out of most communications from RiteKit, including our newsletter, new follower emails, etc. Please see Settings to adjust your settings for notifications/messages you agree to receive.

3. Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. RiteKit cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

4. Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will RiteKit be liable in any way for any Content, including, but not limited to, any errors or omissions in any RiteKit , or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

5. Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

This license is where you authorize us to make your RiteKit Content available to the rest of the world and to let others do the same.

You agree that this license includes the right for RiteKit to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with RiteKit for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

RiteKit has an evolving set of rules for how RiteKit partners can interact with your Content. These rules exist to enable an open ecosystem with your rights in mind. What’s yours is yours – you own your Content (and your RiteKit Reports and Tag Sets are part of that Content).

Such additional uses by RiteKit, or other companies, organizations or individuals who partner with RiteKit, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. RiteKit will not be responsible or liable for any use of your Content by RiteKit in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

6. Your License To Use the Services

RiteKit gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by RiteKit as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by RiteKit, in the manner permitted by these Terms.

7. RiteKit Rights

RiteKit currently offers some services cost-free, with enhanced offers with fees. RiteKit retains the right to adjust Fees and the activities provided for those fees without notice.

All rights, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of RiteKit and its licensors. The Services are protected by copyright, trademark, and other laws of Japan, the United States of America, the Czech Republic and foreign countries. Nothing in the Terms gives you a right to use the RiteKit name or any of the RiteKit trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding RiteKit, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

8. Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to

(A) satisfy any applicable law, regulation, legal process or governmental request,

(B) enforce the Terms, including investigation of potential violations hereof,

(D) respond to user support requests, or

((E) protect the rights, property or safety of RiteKit, its users and the public.

RiteKit does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

You may not do any of the following while accessing or using the Services:

(A) access, tamper with, or use non-public areas of the Services, RiteKit’s computer systems, or the technical delivery systems of RiteKit’s providers;

(B) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

(C) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by RiteKit (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with RiteKit);

(D) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or

(E) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

(F(F) embed RiteKit, Tag Optimizer, or RiteKit A.I. in web pages, sites, applications, software, or any constituents thereof.

9. Copyright Policy

RiteKit respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:

(A) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; p>

(B) identification of the copyrighted work claimed to have been infringed;

(C) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(D) your contact information, including your address, telephone number, and an email address;

(E) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(F) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, RiteKit will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

OsakaBentures

10-31 Handa Kita-cho, 16-410

Sakai City, Osaka 599-8262

Japan

Email: saul@RiteKit.com

10. Ending These Terms

The Terms will continue to apply until terminated by either you or RiteKit as follows.

You may end your legal agreement with RiteKit at any time for any reason by deactivating your account and discontinuing your use of the Services by writing michal@RiteKit.com. You do not need to specifically inform RiteKit when you stop using the Services. If you stop using the Services without deactivating your account(s), your account(s) may be deactivated due to prolonged inactivity.

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe:

(A) you have violated these Terms;

(B) you create risk or possible legal exposure for us; or

(C) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.

NNothing in this section shall affect RiteKit’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.

11.Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of RiteKit and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “RiteKit Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. The Services are Available "AS-IS"

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE RITE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The RiteKit Entities make no warranty and disclaim all responsibility and liability for:

(A) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content;

(B) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content;

(C) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and

(D) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the RiteKit Properties or through the Services, will create any warranty not expressly made herein.

B. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that the RiteKit Entities are not responsible or liable for:

(A) the availability or accuracy of such websites or resources; or

(B) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the RiteKit Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

C. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RiteKit ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM

(A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;

(B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;

(D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE RiteKit ENTITIES EXCEED THE GREATER OF ONE U.S. DOLLAR (U.S. $1.00) OR THE AMOUNT YOU PAID RiteKit, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THTHE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE RiteKit ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

12. Refund policy

RiteKit website, browser extension and mobile application service:

Fees will be inclusive of applicable taxes where required by law. Fees paid by you are final and non-refundable, unless otherwise determined by RiteKit. RiteKit retains the right to attempt to rectify server-side issues that prevent RiteKit customers from enjoying the features they are entitled to in accordance with the RiteKit Plan that the customer has paid for and for which they are still within the paid period. RiteKit retains the right to delay a refund until a reasonable period following notification by a RiteKit customer of a server-side issue that prevents the customer from enjoying paid-for features, and retains the right to RECTIFY THE SITUATION RATHER THAN AFFECT A REFUND. This "reasonable period" is normally within hours and always within three days. If the situation cannot be rectified within three days, the customer has the right to request that his/her plan be extended to exclude days on which a RiteKit-side issue prevented the customer from enjoying all features included in the plan that he/she is currently a customer of, as defined in Pricing.

RiteKit Application Programming Interface (API)

RiteKit retains the right to delay a refund until a reasonable period following notification by a RiteKit API customer of a server-side issue that prevents the customer or his/her website or application's users/customers from enjoying the benefits of responses from paid-for calls to the RiteKit API, and retains the right to RECTIFY THE SITUATION RATHER THAN AFFECT A REFUND. This "reasonable period" is normally within hours and always within three days. If the situation cannot be rectified within three days, the customer has the right to request that the term of his/her plan be extended so as to exclude days in which he would not have been able to enjoy the volume of responses from the RiteKit API that he/she has paid for. See details on RiteKit API pricing and calls/day and hour: https://RiteKit.com/rest-api#api_pricing. See details on RiteKit API endpoints: https://documenter.getpostman.com/view/2010712/SzS7Qku5?version=latest/

RiteKit is still being developed. As changes are made, some functions and features may temporarily be deprecated. We ask for our customers' patience while pages, website, mobile application or browser integration features may fail to operate as expected from time to time. We encourage RiteKit customers and the public to read our help pages for tutorials and any troubleshooting they may need. RiteKit customers can also report bugs, annoyances and wish-lists through Support page If we are offline, we usually reply within one day.

12. General Terms

A. Waiver and Severability

The failure of RiteKit to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.p>

B. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of Japan without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Osaka, Japan, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the Japan using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such Japanese government entities, these Terms and any action related thereto will be governed by the laws of the Japan.

C. Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between RiteKit and you regarding the Services (excluding any services for which you have a separate agreement with RiteKit that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between RiteKit and you regarding the Services. Other than members of the group of companies of which RiteKit is the parent, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time, the most current version will always be at RiteKit.com/tos. If the revision, in our sole discretion, is material we will notify you via e-mail to the email address associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by OsakaBentures, 10-31 Handa Kita-cho, 16-410 Sakai City, Osaka 599-8262 Japan. If you have any questions about these Terms, please contact us.

Effective: July 1, 2017