These are our terms of service. They're long and detailed, but they're here to protect both you and us - and make sure we have a long and happy relationship together. Please take a moment to review all of these terms so you know what you're agreeing to.
The following terms and conditions govern all use of the Attractkit.com website (the “Website”) and all content, services and products available at or through the Website, including, but not limited to, the Attract Software ("Software") and the hosted service ("Hosted Service"), (collectively, the “Services”). The Services are owned and operated by the Attract platform (“Attract”, "we", "us" or "our"). The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Attract's privacy policy.
Please read this Agreement carefully before accessing the Website or using the Services. By accessing the Website or using the Services or any part thereof, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any Services. The Website and Services are available only to individuals who are at least 18 years old.
Violation of any of the terms below will result in the termination of your account. You agree to use the Website and Services at your own risk.
If you create a user account to avail yourself of the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under your account. If you create a site using our Services, you must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Attract may at its sole and unfettered discretion change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Attract liability. You must immediately notify Attract of any unauthorized access to or activity on your account, your site, or any other breaches or suspected breaches of security. Attract will not be liable for any acts or omissions by you or in connection with your site and your account, whether authorized or unauthorized, including any actions, proceedings, claims, damages, liabilities, charges, losses, or costs and expenses (including without limitation, legal costs and expenses and costs of other professionals and any penalties or other amounts levied).
Attract allows users to publish Content using its Services. “Content” includes but is not limited to text, graphics, documents, photographs, images, music, audio files, video files, information, data records, computer software, and any other form of digital or electronic files or data.
If you operate a site, comment on a site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of our Services, you are creating or making available Content (“Your Content”).
Rights to Your Content: You represent and warrant that you own or otherwise have all the necessary rights to provide Your Content submitted to the Services, whether directly or indirectly, and represent and warrant that Your Content is accurate, non-confidential, and that it does not and will not infringe any intellectual property rights or personal data rights of any third party.
Grant of license: By submitting Your Content to Attract Services, you grant Attract a perpetual, irrevocable, world-wide, sublicensable, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish Your Content solely for the purpose of displaying, distributing and promoting your site.
Waiver of rights: You understand and agree to waive any rights you may have against Attract, our assignees, sublicensees, and their assignees, in relation to the use of Your Content in connection with the provision of the Services.
Deletion of Content: If you delete Your Content,Attract will use reasonable efforts to remove it from your site, but you acknowledge that caching or references to Your Content may not be made immediately unavailable.
Backups: You are solely responsible for securing and backing up Your Content.
Exclusion of liability: You are entirely responsible for the content of, and any harm resulting from, Your Content. We take no responsibility and shall assume no liability for Your Content
By using any Service, you agree not to do, or permit others to do, any of the following:
Without prejudice to any other rights that Attract may have at law or in equity, Attract has the right (though not the obligation) to, in its sole and unfettered discretion:
Attract will have no obligation to provide a refund of any amounts previously paid.
Attract shall have no obligation to monitor your access to or use of the Services or Content, or to review or edit any Content. However, we shall have the right to review, edit, delay, or remove Your Content for the purpose of operating the Services, to ensure your compliance with the terms of this Agreement, or to comply with the law or the order or requirement of a court, administrative agency or other governmental body.
Optional paid services such as extra storage, site setup or domain purchases are available on the Website (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay Attract the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
Unless you notify Attract before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
Unless indicated otherwise at the explicit discretion of Attract, all sales are final and no refunds are provided for any products or services provided. Any sales made via the Attract Marketplace are subject to the refund policy of their respective owners.
Attract has not reviewed, and cannot review, all of the Content, including computer software, made available through our Services, and cannot therefore be responsible for that Content. Attract makes no representations, warranties or guarantees, whether express or implied, that Content is accurate, complete or up to date, that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The Website may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Attract disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading, copying or use by those visitors of Content there posted. The views expressed by other users on our Website or through our Services do not represent our views or values.
We have not reviewed, and cannot review, all of the material, including computer software, made available through third party websites and webpages to which Attractkit.com links, or that link to Attractkit.com. Attract does not have any control over third party websites and webpages, and is not responsible for their contents or use. By linking to a third party website or webpage, Attract does not represent, warrant, guarantee, or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Attract disclaims any responsibility for any harm resulting from your access or use of third party websites and webpages.
As Attract asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Attractkit.com violates your copyright, you are encouraged to notify Attract via our support page. Attract will respond to all valid notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Attract will terminate a user's access to and use of our Services if the user is determined, at Attract’s sole and unfettered discretion, to be a repeat infringer of the copyrights or other intellectual property rights of Attract or others.
All intellectual property rights in the Services, including trademarks, service marks, graphics and logos used in connection with the Services, belong to Attract or Attract’s licensors.
Attract retains all right, title and interest in and to all of its intellectual property rights, including but not limited to all intellectual property rights in connection with “Attractkit.com”, “Attract”, “Attract platform”, and the Attract logo. Other trademarks, service marks, graphics and logos used in connection with the Website or Services may be the trademarks of other third parties.
Nothing in this Agreement transfers to you any right, interest, or ownership in any intellectual property, or extends to you any license of any intellectual property, including any right or license to reproduce or otherwise use any trademark.
Attract and any third party proprietors of intellectual property rights used in connection with the Website or Services shall each retain ownership of their respective intellectual property rights.
By using a product from the Attract Marketplace, you agree to the creator's terms of service. You can opt out of their terms of service at any time by ceasing to use the product in question.
Attract works in cooperation with partners to ensure that you are able to use your own domain name with your Attract site. By using a domain from one of Attract's partners you agree to the partner's terms of service.
Attract reserves the right, at its sole and unfettered discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Attract may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Attract may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Attractkit.com account (if you have one), you may simply discontinue using the Website and our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions including ownership of intellectual property rights, warranty disclaimers, indemnities and limitations of liability.
The Services are provided "as is". Attract and its suppliers and licensors hereby disclaim all representations and warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Attract nor its suppliers and licensors, makes any warranty that the Services will be accurate, error free, or that access thereto will be continuous or uninterrupted. You understand that you use, download from, or otherwise obtain benefits through, the Services at your own discretion and risk.
In no event will Attract, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. Attract shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Without prejudice to the above and to the extent permitted by law, in the event that Attract is found to be liable to you in any way, such liability will be limited to the amount of fees paid by you to Attract under this agreement during the twelve (12) month period prior to the cause of action.
You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement, including the Attract Privacy Policy, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of data exported from your country of residence) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw personal data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).
To learn more about the use of their personal data, Users may refer to the privacy policy of Attractkit.com
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User from the date communicated to Users onwards.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.
All communications relating to the use of Attractkit.com must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
Latest update: March 10, 2025
