SUBSCRIPTION AGREEMENT

 

This  Subscription Agreement (the “Agreement”) is made and entered into on the date of the Customer’s registration on the Ikylocal platform by and between the following parties:

Ikydigital, the Digital Technology division of Ikytech Corporation organized and existing under the laws of the State of Florida, with its principal office at 621 NW 53rd Street #125, Boca Raton, FL 33487 (“Ikydigital“), and

The Customer, whose address and details are provided by the Customer upon registration on the Ikylocal platform (“Customer”).

Ikydigital and the Custome collectively referred to as the “Parties.”

Recitals

WHEREAS, Ikydigital is engaged in the business of providing digital services;
WHEREAS, Ikydigital has developed Ikylocal, a digital technology platform;
WHEREAS, the Customer desires to purchase certain digital services from Ikydigital as described herein;

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:

2. Subscription Price and Payment Terms

2.1 Purchase Price: The Customer agrees to pay Ikydigital for each Package subscribed a total purchase price calculated by multiplying the monthly recurring payment by the subscription term (i.e. month(s)), plus any applicable one-time setup fee. Complete details of the Package(s) offered are made available to the Customer on the Ikylocal platform prior to subscription.

2.2 Payment Terms: Packages may include recurring fees for terms of up to 48 months, with a one-time setup fee potentially applied to certain Packages. Subscription and monthly recurring payments are charged to the Customer’s credit card via PayPal, Stripe, or any other payment gateway connected to the Ikylocal platform upon subscribing. The recurring payments are automatically charged once a month for the duration (term) specified in the Package details provided to the Customer before subscription.

2.3 Taxes: The Customer is solely responsible for all applicable taxes, fees, or duties imposed by any relevant governmental authority.

3. Representations and Warranties

3.1 Ikydigital’s Warranties:
(a) Ikydigital represents and warrants that it has full authority to sell the Digital Services.
(b) The Digital Services are free from any third-party claims of infringement or unauthorized use.

3.2 Customer’s Warranties:
(a) The Customer represents and warrants that they are subscribing to Digital Services for lawful purposes and will comply with applicable laws in using the Digital Services.

3.3 As-Is Services: The Customer acknowledges and agrees that the Digital Services offered as Packages are provided “as-is.” Due to potential inconsistencies in the electronic distribution of information, limitations of aggregating data from multiple sources, and report refreshing and caching processes, there may be delays, omissions, or inaccuracies in the content provided. Ikydigital does not guarantee the accuracy of the information in every instance.

4. Refund Policy

4.1 Due to the nature of digital Packages, all payments are final unless Ikydigital expressly agrees to a refund  in writing.

4.2 Refund requests must be submitted in writing within 5 days of a monthly recurring charge and only after twelve months have elapsed since the subscription date. Any refund is subject to Ikydigital’s sole discretion and may only apply to the most recent monthly payment charged. At its discretion, Ikydigital may treat the refund request as a Customer Agreement termination notice. In such cases, Ikydigital reserves the right to enforce the terms outlined in Article 7 (Termination) of this Agreement.

5. Limitation of Liability

5.1 To the extent permitted by Florida law, Ikydigital’s liability for any claims arising under this Agreement shall not exceed the amount charged to the Customer.

5.2 Ikydigital shall not be liable for indirect, incidental, or consequential damages arising from the sale or use of the Digital Packages.

5.3 The Parties acknowledge that the internet is neither owned nor controlled by any one entity; therefore, Ikydigital cannot guarantee the results provided as a result of its work. Ikydigital represents in good faith that it shall make every effort to ensure the Customer’s Package is successful. However, Ikydigital does not warrant that the functions supplied by its work, Ikylocal platform, digital marketing activities, press release writing and distribution, advice, or deliverables will meet the Customer’s requirements or that operation will be uninterrupted or error-free. The entire risk as to the quality and performance of the work is with the Customer. In no event shall Ikydigital be liable for any damages, including lost profits or savings, arising out of the operation of or inability to operate these services, even if Ikydigital has been advised of the possibility of such damages.

6. Governing Law and Dispute Resolution

6.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.

6.2 Dispute Resolution:
(a) Any disputes arising under this Agreement shall first be resolved through good-faith negotiations between the Parties.
(b) If such negotiations fail, the Parties agree to submit to the exclusive jurisdiction of the courts located in Palm Beach County, Florida.

7. Termination

7.1 Either party may terminate this Agreement by providing written notice if the other party materially breaches any term of this Agreement and fails to remedy the breach within 30 days of receiving notice. If the Customer chooses to terminate their subscription before the agreed-upon term is completed, the following applies:

  • For Packages Subscription Terms of 13 months or more:
    • If the subscription has been active for less than 12 months, the termination fee will be the difference needed to complete 12 months, plus two additional months.
    • If the subscription has been active for more than 12 months, the termination fee will equal two months of recurring charges.
  • For Packages Subscription Terms up to 12-month:
    • The remaining recurring charges are due upon termination.

Ikydigital reserves the right to charge these fees to cover costs incurred in delivering services. If Ikydigital terminates the Agreement, it is not liable for any damages to the Customer.

7.2 Upon termination, the Customer’s right to access and use the Products shall cease immediately.

8. Indemnity

The Customer does hereby expressly agree to indemnify and hold harmless Ikydigital, its Owners, its principals, officers, employees and contractors against all suits, actions, claims, demands, or costs of any kind to which they may be subject arising or resulting at any time or place from anything done or omitted to be done by them in connection with this project. The Customer hereby waives any and all claims which, but for this waiver, it may have, or which it may hereafter acquire, against Ikydigital, its Owners, its principals, officers, employees and contractors arising or resulting at any time or place from anything done or omitted to be done by them regarding this project.

9. Miscellaneous

9.1 Entire Agreement: This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements, representations, or understandings.

9.2 Amendments: This Agreement may only be amended in writing signed by both Parties.

9.3 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9.4 Notices: All notices under this Agreement shall be in writing and delivered to the addresses provided by the Parties.

9.5 Signature: This Agreement is considered signed by both Parties and fully binding upon the Customer’s registration on the Ikylocal platform.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the Customer’s subscription on the Ikylocal platform.