Kibly.com Terms of Service
This agreement was last updated on August 8, 2018.
Please Read Carefully Before Using This Website: The following terms of service (“Terms of Service”) govern your use of the Kibly.com website (the “Site”) and the Kibly web-based software, application integration, and data linking service accessed through the Site (“Service”), both of which are owned and operated by Kibly LLC (“Kibly”). By using the Site and/or Service, you are irrevocably agreeing to the following Terms of Service.
Kibly reserves the right to modify the Terms of Service at any time in its sole discretion, and without any prior notice to you. Any continued use by you of the Site and/or the Service after the posting of such modified Terms of Service shall be deemed to indicate your irrevocable agreement to such modified Terms of Service. Accordingly, if at any time you do not agree to be subject to any modified Terms of Service, you may no longer use the Site or Service.
Kibly is a service provided in Nevada.
Description of Service
Kibly is a service for third-party Amazon Sellers. The Service is a monthly subscription of the Kibly software that allows Amazon sellers (“User”) to send automatic email notifications to customers who place orders through Amazon. A User may customize which orders receive automatic emails and may customize the content of those messages and when they are sent. The purpose of these emails is to effectively and automatically communicate with customers, primarily to solicit feedback on Amazon, and to proactively ask to correct problems with customers' orders before they leave negative feedback.
Use of Site and Intellectual Property
In order to access and use the features of the Service, you are required to open an account (“User Account”) by signing up with Kibly. When you sign up for a User Account, you agree to provide true, accurate, current and complete information (“Account Information”), and you agree to update the Account Information in order to ensure that it is current. Upon signing up for a User Account, and subject to all of the terms and conditions of these Terms of Service, Kibly hereby grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Service, solely for your own internal business purposes, until such time as either you or Kibly elect to terminate such right in accordance with the Terms of Service, and as long as you meet any applicable payment obligations.
The Service is protected by copyright, trade secret, and other intellectual property laws. All logos, domain names, website content and other intellectual property that entail our products and services are the exclusive property of Kibly. You will not copy, imitate, modify, alter, amend or use any of the intellectual property without our prior written consent. You will not attempt to reverse-engineer the product for any reason.
As a condition of being permitted to open a User Account, you represent and warrant that you are at least 18-years of age or older. You also must have an active Amazon "Professional Selling" Plan in order to use the Service. Additionally, you must complete the registration through MWS (Amazon Marketplace Web Service) and provide the proper credentials. By using the Service, you warrant that you have valid permission to access the Amazon Seller account for which you register.
Passwords and Account Access
Upon registration on the Site, you will provide Kibly with a password to access your account. You are responsible at all times for maintaining the confidentiality of your password. You agree to immediately notify Kibly of any suspected or actual unauthorized use of your User Account. You agree to waive all claims against Kibly and you agree Kibly will not be liable under any circumstances for any cost, damages, loss, or expenses that may arise in the event the security of your account has been compromised, especially due to the failure by you to maintain the security of your password. In the event there is a breach of security through your account, you must immediately change your password.
Privacy and Security
Your privacy and the security of your account is very important to us. We use encryption on any areas of the site that contain sensitive information such as credit card numbers, account credentials, or customer information.
Fees and Payments
You agree to pay all fees associated with using the Service. All fees are in US Dollars. By providing a credit card, debit card, or other payment method accepted by Kibly for your subscription to the Service, you are expressly agreeing that we are authorized to charge you a periodic subscription fee on a recurring basis corresponding to the term of your subscription, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of your subscription. The subscription plans include a Small Business plan worth 6,000 emails per month for $37 per month, a Professional plan worth 30,000 emails per month for $97 per month, and an Extreme Seller plan worth 120,000 emails per month for $297 per month.
There are 6 Pricing Tiers for SendPost, the platform on Kibly that enables you to automatically send followup to your customers in the form of postcards that are delivered in the mail after a purchase. The pricing is “Pay As You Go” and refreshes every 30 days to Tier 1 unless postcards are purchased ahead of time in bulk. At Tier 1, users will be charged $100 after 100 postcards have been sent in the mail, costing $1 per postcard. After the first charge of $100, Tier 2 will be reached and the cost per postcard will decrease to $0.90 and user will not be charged until their next balance reaches $250. Once payment of $250 is received, Tier 3 will be reached and the cost per postcard will decrease to $0.80 and user will not be charged until their next balance reaches $500. After $500 is spent, Tier 4 will be reached and the cost per postcard will decrease to $0.70 per postcard and user will not be charged until their next balance reaches $1,000. After $1,000 is spent, Tier 5 will be reached and the cost per postcard will decrease to $0.60 until their next balance reaches $2,500. After $2,500 is spent, Tier 6 will be reached and the cost per postcard will be $0.50 until the 30 day payment cycle is complete. Users who choose the pay as you go plan will essentially “earn” lower prices per postcard based on the amount spent monthly. The pricing tiers will be RESET every 30 days, meaning that every 30 day billing cycle, the pricing tier the user is on will reset back to the first tier they started on.
The pricing tier the user starts on will depend on their monthly subscription plan. Small Business plan subscribers will start at Tier 1 ($1/postcard - very first payment at $100 balance), Professional plan subscribers will start at Tier 2 ($0.90/postcard - very first payment at $250 balance), and the Extreme Seller Plan will start at Tier 3 ($0.80/postcard - very first payment at $500 balance).
If payment fails, service will stop and no additional postcards will be sent. No balance will increase if there is an unpaid invoice on the account.
There is a bulk pricing option, where users can pre-pay for postcards. Tier 1 Users can pay $1,000 at $0.75 per postcard for 1,333 postcards, Tier 2 Users will pay $2,500 at $0.60 per postcard for 4,166 postcards, and Tier 3 Users will pay $5,000 at $0.50 per postcard for 10,000 postcards. No refunds will be provided for purchases of bulk postcards.
You must provide a valid credit card or debit card number acceptable to Kibly, or by another payment option Kibly provides to you in writing. If your payment and registration is not accurate, current or complete, and if you do not notify us promptly of any changes to such information, we may suspend or terminate your account and refuse any use of the Service. Payment will occur automatically on or about the day shown on the website. In the event that your payment fails or is disputed, we may collect payment via other means including but not limited to collection agencies.
Overage charges for each monthly plan (and annual plan) may be incurred for additional emails past the allotted amount per month amounting to $0.01 per every email over 6,000 ($10 per 1,000 emails) for the Small Business plan, $0.008 per every email over 30,000 ($8 per 1,000 emails) for the Professional plan, and $0.003 per every email over 120,000 ($3 per 1,000 emails) for the Extreme Seller plan. Overage charges may also be applied for additional services used depending on the plan the User has subscribed to. The addition of an extra marketplace to an account will incur an immediate charge (per additional marketplace) of $10 per month for a Small Business Monthly (or annual) plan, $20 per month for a Professional Monthly (or annual) plan, or $40 per month for an Extreme Seller Monthly account.
You can evaluate the Service for 14 days from the date you register with no obligation to continue to use the Service. If you choose to continue using the Service thereafter, you will be billed from the day you signed up and added your billing details into the User Account. If you don't cancel your subscription before the end of the 14-day trial period, you will automatically continue to a paid membership at the end of the trial period and you will be billed. If You choose not to continue using the Service, you must contact Kibly within the 14-day trial period. If you cancel your free trial, you won't be able to get any other free trials.
Annual plans are available to users who understand the value of the Service and would like to see an immediate ROI (“return of interest”) in the form of a discount on the Service. The fee for the annual plan is 25% off of the monthly price multiplied by 12 (to equal the amount the user would pay in one year).
If you subscribe to an Annual plan, then you will be effectively skipping the free trial period in exchange for the 25% discount of the Service. Under no circumstances will refunds be issued for Annual plans. Users understand that by subscribing to the Annual plan, they are waiving their 14 day trial period and ability to receive a refund.
The Annual Small Business plan subscribers will pay an immediate fee of $333 for one year of the Service, which will recur annually, and saves them a total of $112 per year for the Service. The Annual Professional plan subscribers will pay an immediate fee of $873 for one year of the Service (recurring annually), and will save $302 per year for the Service. The Annual Extreme Seller plan will pay an immediate fee of $2673 for one year of the service (recurring annually), and will save $902 per year for the Service.
Kibly will not provide any refund for any remaining prepaid period of the Service. Any upgrade in the Service use will result in new fees being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles. Downgrading the Service may cause the loss of features or capacity to use your User Account. Kibly does not accept any liability for such loss. Additionally by purchasing an Annual plan, you understand that all Annual plans are final and non-refundable. This also goes for buying postcards in bulk via Send Post. All bulk purchases of postcards are final and non-refundable.
Cancellation & Termination
You may cancel your Kibly subscription at any time by contacting email@example.com or http://kibly.com/contact-us. Kibly reserves the right to cancel inactive accounts at our sole discretion and without notice.
Without limiting our other remedies, we may limit, suspend, or terminate our Service and your account at our sole discretion, without notice, and for any reason in the event we think you are abusing our services, you fail to follow the terms and conditions of this Agreement, you are creating problems or potential legal liabilities, you are infringing on the intellectual property rights of us, any of our affiliates, any third parties, or you are acting inconsistent with our policies or the spirit of our policies. In the event Kibly limits, suspends, or terminates your account, all monies paid to Kibly are nonrefundable.
Kibly reserves the right to limit the number of messages sent from an account if it deems, at its sole discretion, that an account is using excessive resources.
Monitoring Site Content and Service Use
Kibly reserves the right, but not under obligation, to monitor use of the Site and/or the Service, and to investigate and take appropriate legal action against any party that uses the Site in violation of these Terms of Service or applicable law. Kibly reserves the right to accept, reject, or modify User generated content, but assumes no liability based on its acceptance, rejection, modification or failure to modify any User content.
In the case of technical problems, please check the support provided on the Site or you may contact us at firstname.lastname@example.org or http://kibly.com/contact-us..
By accepting this Agreement, you irrevocably agree to indemnify, defend, and hold Kibly and its affiliates, directors, officers, employees and agents harmless from all claims, judgments, costs, expenses, liabilities and attorney fees arising out of or related to (a) any third party claim resulting from a breach by you of any of your covenants, representations, or warranties contained in these Terms of Service and/or (b) your use of the Site and/or the Service.
Disclaimer of Warranty
Kibly is in no way liable for loss of customer data. In addition, Kibly does not guarantee length of service or that Site will be online and operational at all times, and Kibly does not warrant that the functions performed by the Site will be uninterrupted, timely, secure or error free, or that defects in the Site will be corrected. Kibly provides the Site “as-is”, “with all faults”, and “as available” and without warranty or condition, express, implied or statutory. Kibly expressly disclaims all warranties of any kind, express or implied, including implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The entire risk as to satisfactory performance, quality, accuracy and effort shall be entirely with you.
Limitation of Liability
In no event and under no circumstances, including but not limited to negligence, will Kibly be liable to you or any other person or entity for any direct, indirect, incidental, punitive, special, or consequential damages whatsoever, including lost profits, loss of materials, loss of content, loss of goodwill, costs of procuring substitute goods and services, and property damage, that result from: (a) the use of, or the inability to use, the Site; (b) the conduct or actions, of any user of the Kibly website or any other person or entity, even if we have been advised of the possibility of such damages; (c) any transaction conducted through or facilitated by the Site.
In the event Kibly is found liable, the total liability of Kibly to you for all damages, losses, and causes of action whether in contract, tort (including but not limited to negligence) or otherwise shall under no circumstances not exceed the amount paid by you in the past three (3) months, if any, or $100, whichever is less.
Both parties agree that this Agreement is the complete, exclusive and entire agreement and 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. The section headings and titles in these Terms and this Agreement are for convenience only and have no legal or contractual effect.
Choice of Law and Forum
The enforcement of this agreement shall be interpreted under the laws of Nevada. Kibly and you agree to submit to the exclusive jurisdiction of the courts located in Nevada.