Terms of Use

We may make changes to these Terms of Use from time to time. If we make material changes to these Terms, we will endeavor to provide you with reasonable notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes.

Important notice on retroactivity:

You further agree that the amended Terms and conditions shall apply retroactively to all interactions between us and you going forward, including resolution of any disputes arising prior to your agreement to the amended Terms and conditions, whether or not notice of such dispute was provided or arbitration was initiated prior to you receiving notice of the amended Terms and conditions.

If you do not agree to the amended Terms, you must stop using our Services.

Unless otherwise specified, copyright in all copyrightable subject matter on the Services is owned by KIKS. To the extent that KIKS has the right to do so without compensation to third parties, and except for materials or information specifically provided under other terms, KIKS grants you permission to copy or otherwise download from the Services information and materials, including related graphics, provided:

1. The materials are for internal, non-commercial use only.
2. Any copies of materials or portions thereof must include the copyright notice specified on the Services.

If attribution to KIKS is included, limited quotations from the content are hereby permitted. You may not copy or display for redistribution to third parties for commercial purposes any portion of the content without the prior written permission of KIKS.

Documents posted by KIKS on the Services may contain other proprietary notices or describe products, services, processes, or technologies owned by KIKS or third parties. Nothing contained herein shall be construed by implication, estoppel, or otherwise to grant the user a license under any copyright, trademark, patent, or other intellectual property right of KIKS or any third party.

Except as otherwise provided in these Terms, you may not use, copy, reproduce, distribute, republish, download, modify, display, post, or transmit any content or trademarks in any form or by any means without our express prior written permission.

The KIKS name and logo and all related product and service names, design marks, and slogans are trademarks, service marks, or registered trademarks of KIKS and may not be used in any manner without the prior written consent of KIKS. Other products and service marks are trademarks of their respective owners.

KIKS is under no obligation to monitor the information residing on or transmitted to this site. However, anyone accessing this site agrees that KIKS may monitor the site to:

1. Comply with any necessary laws, regulations, or governmental requests.
2. Operate the Services in a manner it deems proper or to protect against conduct it deems inappropriate, at its sole discretion.

KIKS shall have the right, but not the obligation, to reject or eliminate any information residing on or transmitted to the Services that it, in its sole discretion, believes is unacceptable or inconsistent with these Terms of Use.

In the event KIKS receives information or materials through the site, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas, or the like, such information or material shall be deemed to be non-confidential and KIKS assumes no obligation to protect same from disclosure. The submission of information or materials to KIKS shall in no way prevent the purchase, manufacture, or use of similar products, services, plans, and ideas by KIKS for any purpose whatever.

In addition, you grant KIKS the right, in any form now or hereafter known, to reproduce, use, disclose, distribute, transmit, create derivative works from, and publicly display and perform any information or materials you submit through any Services.

By providing your mobile phone number and consenting to receive SMS messages from KIKS, you agree to receive transactional and customer care messages related to bookings, guest stays, property management, maintenance coordination, operational assignments, customer support, account activity, and other transactional services provided by KIKS.

SMS messages are only sent after you have provided the required consent through an approved opt-in method.

• Message frequency varies.
• Message and data rates may apply.
• You may opt out at any time by replying STOP.
• Reply HELP for assistance.

You assume all responsibility and risk for the use of this site and the Internet generally. In no event shall KIKS or its affiliates be liable for any direct, special, indirect, or consequential damages or any damages whatsoever, including but not limited to loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, negligence, or other tort actions, arising out of or in connection with the use, copying, or display of the content resulting from access to or use of this site or the Internet generally, under contract, tort, or any other cause of action or legal theory.

Although KIKS believes the content to be accurate, complete, and current, KIKS makes no warranty as to the accuracy, completeness, or currency of the content. It is your responsibility to verify any information before relying on it. The content of this site may include technical inaccuracies or typographical errors. From time to time, changes are made to the content herein. KIKS may make changes in the products and/or the services described herein at any time.

Access to each site, including any information or materials therein, is provided on an as is basis, without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by KIKS, affiliates, or their respective employees shall create any warranty. Neither KIKS nor its affiliates warrant that the information or materials on, or access to, any site will be without interruption or error-free.

We may link to content hosted on third-party websites. These sites are not under the control of KIKS and KIKS makes no representations whatsoever concerning the content of those sites. The fact that KIKS has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation by KIKS with respect to such site, its owners, or its providers.

For information regarding the collection or sharing of data by these third-party sites, you should consult the privacy policy for each of those sites. KIKS is providing these links only as a convenience to you. KIKS has not tested any information, software, or products found on these sites and therefore cannot make any representations whatsoever with respect thereto.

There are risks in using any information, software, or products found on the Internet, and KIKS cautions you to make sure that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.

You agree that you will comply with any security processes and procedures, such as passwords, specified by KIKS with respect to access to or use of the Services. Further, you agree not to access or attempt to access any areas of or through the Services which are not intended for general public access, unless you have been provided with explicit written authorization to do so by KIKS.

Although KIKS will endeavor to provide reasonable notice of material changes to these Terms, KIKS has the right to make changes and updates to the Services or these Terms without prior notice to you. Access to particular areas on the site may be subject to additional or different terms and conditions, as specified by KIKS from time to time.

KIKS has the right to terminate or restrict your access to any or all the Services, unilaterally and without notice, in the event you violate any of these Terms of Use. KIKS also reserves any and all remedies at law or equity in connection with violations of these Terms of Use.

By posting, uploading, or submitting any comments, reviews, media, or other content ("User Content") to our Services, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any form, media, or technology.

You represent and warrant that your User Content is accurate and not misleading, is your own original content or you have all necessary rights to submit it, and does not violate any third party's intellectual property, privacy, publicity, or other legal rights.

You agree not to post any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or discriminatory. Prohibited content includes, but is not limited to:

• Hate speech or content that promotes violence against individuals or groups.
• Sexually explicit or pornographic material.
• Content that impersonates another person or entity.
• Personal information about others posted without their consent.
• Spam, commercial solicitations, promotional materials, or content that promotes illegal activities or substances.
• Viruses, malware, or other harmful code.

We reserve the right to remove or refuse to post any User Content for any or no reason, to monitor, screen, edit, or remove content at our sole discretion, and to take appropriate legal action for violations. We may cooperate with law enforcement authorities and may terminate or suspend access to users who violate these Terms of Use.

While we reserve the right to review User Content, we have no obligation to do so and assume no responsibility for any User Content posted by you or any third party. If you believe any User Content violates these Terms of Use or applicable law, please report it to support@kiks.com.

You may only use the Services for lawful purposes in accordance with these Terms of Use. As a condition of your use of the Services, you represent and warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Use.

Whether on behalf of yourself or on behalf of a third party, you may not use the Services:

• To access, or attempt to access, areas or features of the Services for which you do not have the proper authorization.
• To impersonate any person or entity, falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity, or express or imply that we endorse any statement that you make.
• In a manner that violates any national, state, local, or international law, rule, or regulation.
• To further or promote any criminal or illegal activity or to provide instructional information about illegal activities.
• In a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support the Services.
• To harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
• For any public or commercial purpose other than in furtherance of any transaction that you make through the Services, as applicable.
• To transmit, distribute, store, or destroy material in violation of applicable law or regulation, in a manner that infringes copyright, trademark, trade secret, or other intellectual property rights of others, violates privacy, publicity, or other personal rights of others, or is defamatory, obscene, threatening, abusive, or hateful.
• In a manner that we determine, in our sole discretion, restricts or inhibits any other user from using or enjoying the Services.

You must be at least 18 years old, or the age of majority in your jurisdiction of residence if higher, to create an account or use our Services. By accessing or using our Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

These Terms of Use and your use of the Services shall be governed by and construed in accordance with the laws of the State of Colorado, United States of America, without regard to its conflict of law provisions. You agree that any legal action, proceeding, or dispute arising out of or relating to these Terms of Use or your use of the Services shall be brought in accordance with the Dispute Resolution provisions below.

In the event that any claim or dispute is not subject to arbitration as provided herein, you agree that any such legal proceeding shall be brought exclusively in the state or federal courts located in Colorado, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

You consent to receive any agreements, notices, disclosures, and other communications (collectively, "Notices") to which these Terms refer from us electronically, including without limitation by email or by posting notices on the Services. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing.

To withdraw your consent to receive Notices electronically, you must notify us by emailing support@kiks.com and discontinue your use of the Services. In such event, all rights granted to you pursuant to these Terms shall automatically terminate.

We cannot provide the Services to any user that cannot consent to receipt of Notices electronically. This consent to receive Notices is separate from any election you may make with respect to receipt of marketing communications. Your marketing communication options are set forth in our Privacy Policy.

• Entire Agreement: These Terms of Use constitute the complete and exclusive agreement between us concerning your use of the Services, and supersede and govern all prior proposals, agreements, or other communications, whether written or oral.
• Relationship of Parties: Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
• Waiver & Severability: Our failure to require your performance of any provision shall not affect our full right to require such performance later, nor shall our waiver of a breach be taken as a waiver of the provision itself. If any provision is unenforceable or invalid, the remaining Terms shall remain enforceable, and the Terms shall be modified to most fully reflect the original intent of the parties.
• Headings: The headings in the Terms are for convenience only and shall not be used in their interpretation.
• Cumulative Rights: All rights conferred under these Terms or by any other instrument or law shall be cumulative and may be exercised singularly or concurrently.
• Assignment: Neither these Terms nor any of your rights or obligations hereunder may be assigned or transferred by you without our prior written approval. Any assignment in violation of the foregoing will be null and void. We may assign these Terms to any party that assumes our obligations hereunder.

If you have any questions regarding these Terms, please email us at support@kiks.com.