This Terms of Service (this “Agreement”, “Terms”) is between Label Creative LLC, a California limited liability company, DBA LaunchBoom (“we”, “us”, “System”, “Platform” or “LaunchKit”) and the person (“you”, “User” or “Customer”) in connection with your use of the LaunchKit services (“Services” or "Service"). We provide you with access to our System that helps you create websites, manage their content and customization as well as hosting services and domains. Listed below are the terms and conditions of using our System. They are necessary in order to maintain good practice and protect us and yourselves.
To enter the System you need to provide a name, email, and password and to agree to the terms and conditions listed below, Privacy Policy and our Data Processing Addendum. You will be given a unique LaunchKit URL for each of the websites you create. It is your responsibility and yours only to keep and maintain the safety of your account and password. If the information given by you is untrue, wrongful or in violation of our terms, we can suspend or terminate your account. The email used for the registration of the account is considered as the owner of the account and has the right to request assistance from us regarding the account. You are solely responsible for the activities from your account, the maintenance and confidentiality of the credentials to access that account. You must immediately notify us if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorized use of your Account.
2.1. You are responsible for any content that is in your website such as images, videos, audio files, design elements, logos, fonts, texts and more. We are not responsible for any of your content. We are also not responsible for content that has been lost because of the use of LaunchKit, it is your obligation to keep safe and back-up regularly your content. We do not monitor what content has been used in a website and we are not to be held responsible for anyone breaking the terms and conditions, but we have the right to delete such harmful content or even terminate accounts if so.
2.2. You own all intellectual property associated with your account such as images, videos, audio files, design elements, logos, fonts, texts and any other materials and files created by you and existing on your website. You hereby grant LaunchKit the non-exclusive, royalty-free, unalterable, interchangeable rights to your website content in order for Us to provide you with LaunchKit’s Services.
2.3. We may choose to highlight or feature your website in our website for marketing or promotional purposes. You grant us a perpetual, worldwide, royalty-free, non-exclusive right and license to use any version of your websites, or any portion of Your websites, including without limitation names, trademarks, service marks or logos on Your Sites, for the limited purpose of LaunchKit marketing and promotional activities. For example, we may feature your websites on our blog, on the Customers sections of our sites or on our social media accounts. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to your websites or names, trademarks, service marks or logos on your websites and any right of inspection or approval of any such use. You can opt out of being featured by contacting us at [email protected]. This Section does not affect any rights you may have under applicable data protection laws.
3.1. You certify and warrant that you are at least 16 years of age. People under the age of 16 are not permitted to use our services.
3.2. To keep your LaunchKit account login information safe.
3.3. To provide us with up to date, accurate and valid personal information at all times.
3.4. You own the rights to any content uploaded by you on your website, including images, videos, audio files, design elements, logos, fonts, texts and anything that you do have the rights to use.
3.5. The content materials cannot be used in an unlawful or harmful way.
3.6. You must notify us immediately if you become aware of any unauthorized use of your account.
3.7. Your content must not be illegal, unlawful, threatening, abusive, harassing, tortuous, vulgar or obscene in any way, must not infringe any person's legal rights.
3.8. You may not send unsolicited messages (SPAM) or any unethical advertising of such sort that is considered as “spam” or harmful in any way (e.g., “junk mail,” “spam,” “chain letters,” “pyramid schemes,” etc.)
3.9. You should not upload viruses, worms, Trojan horses or any other malicious code, files, or programs that may interrupt, destroy, or limit the functions and services of LaunchKit.
3.10. You may not upload content that contains scam.
3.11. You may not try to hack, break or override the functions and stability of LaunchKit or try to exploit the System in any way.
3.12. You may not use the System to create any scam websites and promotions with misleading content that can harm or scam visitors.
3.13. You may not use LaunchKit for distributing, storing or, in any way, using the System for pornographic or adult content and services.
3.14. You represent and warrant that your use of the Services is not contrary to law, including without limitation applicable export or import controls and regulations and sanctions.
3.15. You can’t in any way try to harm the reputation of LaunchKit and their partners by leaving harmful comments, untrue and misleading information about the product or any sort of intentional damage to the reputation of LaunchKit.
3.16. You acknowledge and agree that If you are reasonably found guilty of violating any of these rules and obligations, this may cause immediate termination of your account with no refund for the services that have already been paid for. You may also be forbidden from having an account in the System.
Our Services are integrated with various third-party services (“Third-Party Services”) for specific purposes that you may interact with while using LaunchKit. Example for such services is the payment processor used to collect the payments for your subscriptions. These Third-Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third-Party Services, and we’re not liable for Third-Party Services or for any transaction you may enter into with them, or for what they do. Your security when using Third-Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third-Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result (except where prohibited by applicable law).
The websites created using LaunchKit may contain user content that is in violation of the permitted usage of the platform as set forth in Section 3 above. We do not endorse or support such content. We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published or otherwise made available via the Services by you or other users. You're responsible for taking precautions to protect yourself, and your computer or network, from User Content accessed via the Services. Any such content detected or reported to us will be removed as a violation of the allowed usage of the Services.
LaunchKit provides a website and funnel building system, templates, website hosting, and analytics. We have the right to change parts or all of the services and functionalities at any given time, to remove or suspend parts or all of the services and functionalities, we have the right to suspend and terminate access of your Account to parts or all of the services and change the eligible criteria of using the Services.
LaunchKit provides a 30-day trial to all newly created accounts on our base plan, and you can use the services according to the Agreement for the period of those 30 days. Upon completion of those 30 days the website will become non-active (expired) until the User subscribes for the paid LaunchKit services. Trial period is permitted for you, the User, to be able to test and create a website to your liking before committing to a paid subscription. LaunchKit has the right to terminate or cancel trial subscriptions at any time for any reason. We can delete the content of any trial or expired website without notice. We are not in any way to be held responsible for any deleted content from a website build on LaunchKit.
8.1. Service fees are applicable upon signing for the paid services of LaunchKit, which can be monthly or yearly.
8.2. All Fees are in USD and are exclusive of all taxes, which you are responsible for payment thereof. LaunchKit is not liable for any taxes or fees related with commercial products.
8.3. The payment for the applicable fee is in advance of your subscription period according to the Agreement.
8.4. You can upgrade or downgrade at any time. If upgrading, you will be charged the difference between the two subscription plans for the extra services. Downgrade refunds are applicable only for yearly subscriptions, up to 14 days after the subscription is made. There are NO refunds for monthly downgrades. If downgrading from a yearly subscription, a calculated amount will be refunded to you according to the actual service fees of the two subscription services. Downgrading may cause a loss of information and services due to the difference between the plans.
8.5. Refunds are allowed only for yearly subscriptions and up to 14 days after the subscription is made. If such a refund is issued by the User, they will be refunded the full amount they has paid. The refund amount might be subject to transfer taxes that will be for the cost of the User and will be transferred to the card used for paying the initial subscription cost.
8.6. At the end of a contract term, the services will be automatically renewed for the same period of time until EXPLICITLY canceled by the User. Cancellation must be made via the System and at least 24 hours prior to the end of the contract period. To cancel your services or the automatic renew please do that by going to Dashboard -> Billing and select the desired option there.
8.7. If you purchase LaunchKit subscription services, you agree to LaunchKit and third-party services to use and store your credit/debit card information. You authorize us to charge you for any LaunchKit Services that you may purchase, and any applicable taxes connected with the payment card services. You will reimburse us for all collection costs and interest for any overdue amounts. If the payment card expires or you do not provide us with a new payment card nor cancel your subscription, you authorize us to continue billing you and you will remain responsible for any uncollected Fees.
8.8. Chargebacks - If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. We reserve our right to dispute any Chargeback.
Failure to comply with any of LaunchKit’s terms or pay fees owed will entitle LaunchKit to cancel or suspend your account services and website. You can cancel your services at any time, no questions asked. We are not in any way held responsible for any damages and losses due to cancellation of services.
We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice. You can terminate your services at any time without cause according to the cancellation procedures. If the Agreement terms are violated it may result in penalties or immediate termination of services without payment refund in any way. Upon termination LaunchKit has the right to delete all files, data or information associated with the terminated account.
Notwithstanding anything to the contrary in this Agreement or the Data Processing Addendum, you hereby grant to LaunchKit, a freely transferable, royalty-free, perpetual, worldwide license to the data collected by you about users of your websites, including any and all personally identifiable information, to use, reproduce, copy, analyze, incorporate, modify, enhance, display, distribute, and create derivative works; (i) for LaunchKit’s internal use for research, developing products and services based on or using such data, for providing support services to any Customer that purchased and/or licensed any of our Services, and document retention purposes; and (ii) to market, promote, license, distribute, sell, and otherwise feely commercialize and exploit the data and any derivatives thereof. To the extent of any conflict between this Agreement and the Data Processing Addendum, this Agreement shall govern.
LaunchKit is firmly committed to protecting the privacy of your personal information and the personal information of your customers. You acknowledge LaunchKit’s collection, usage and disclosure of this personal information as set forth by our Privacy Policy. To the extent that LaunchKit processes the personal information of your end users as a “data processor” or “service provider” under applicable data privacy laws, LaunchKit’s collection and use of such personal information is also subject to our Data Processing Addendum. You and LaunchKit agree to comply with all applicable data privacy laws in connection with the personal information that is collected, shared, and used under the terms of this Agreement and the Data Processing Addendum.
LaunchKit shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by LaunchKit or by third-party providers, or because of other causes beyond LaunchKit’s reasonable control, but LaunchKit shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, LAUNCHKIT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. LAUNCHKIT DOES NOT WARRANT THAT THE WEBSITES CREATED BY LAUNCHKIT ARE IN COMPLIANCE WITH APPLICABLE LAW IN ANY JURISDICTION IN WHICH YOUR WEBSITE IS OFFERED, AND IT IS YOUR RESPONSIBILITY TO ENSURE YOUR COMPLIANCE WITH APPLICABLE LAWS INCLUDING DATA PRIVACY LAWS, AND INCLUDING THE COLLECTION OF APPLICABLE SALES TAX. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND LAUNCHKIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
To the fullest extent permitted by law, you agree to indemnify and hold harmless LaunchKit and its affiliates and its and their current, past, and future directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards 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 websites and Your e-commerce; (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation, including any data privacy laws, or the rights or good name of any third party; and (e) any claims from tax authorities in any country in relation to Your e-commerce operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which LaunchKit may be held jointly and severally liable. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement or, if you are an EU User, to the extent that the consequences were not reasonably foreseeable.
You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will LaunchKit and its affiliates and its and their current, past and future directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use parts, some or all of your Account, Your websites or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including without limitation User Content and Your e-commerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third-Party Services or third party sites accessed via the Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for LaunchKit’s services to you, and such limitations will apply even if LaunchKit has been advised of the possibility of such liabilities.
Modifications of the Service. LaunchKit may make modifications and changes on the existing services or components and will use reasonable efforts to notify all its Customers about those changes. The changes are effective upon the date of the change. LaunchKit shall not be liable for modifications and actions of third-party services. Modifications to the Agreement and the Fees may occur. You will be notified prior to those changes being applied to your account. If you refuse or fail to pay such fees, we will cancel your subscription.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with LaunchKit’s prior written consent. LaunchKit may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind LaunchKit in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorney’s fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. Any action, suit, or proceeding arising out of the subject matter of this Agreement shall be litigated in courts located in the State of California with proper jurisdiction. Each party consents and submits to the jurisdiction of any local, state, or federal court located in the State of California with such proper jurisdiction.