KicksAlert
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KicksAlert Terms of Service

DRAFT — for operator and counsel review. Not yet published.

Effective date: {{EFFECTIVE_DATE}}

These Terms of Service ("Terms") are a legal agreement between you and {{COMPANY_LEGAL_NAME}} ("KicksAlert," "we," "us") governing your use of the KicksAlert iOS application and related services (the "App"). By downloading or using the App, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use the App.

1. What KicksAlert is

KicksAlert is an information service that monitors publicly available sneaker and streetwear retailer sites and sends you alerts about new releases and restocks based on preferences you set (brands, sizes, and a "hype" relevance filter). KicksAlert is a notification tool, not a store. We do not sell, hold, reserve, or ship any products, and we are not a party to any transaction you make with a retailer.

2. Eligibility

You must be at least 13 years old to use the App, and at least 18 (or the age of majority where you live) to purchase a subscription. By using the App you represent that you meet these requirements.

3. No guarantee of availability, accuracy, or purchase

Sneaker releases and restocks are fast, limited, and controlled entirely by third-party retailers. You understand and agree that:

  • We do not guarantee that any alert will be timely, accurate, complete, or delivered at all. Alerts may be delayed, missed, duplicated, or wrong because of changes on retailer sites, anti-bot systems, network conditions, push-delivery behavior, or our own errors.
  • An alert is not a guarantee that a product is in stock, will remain in stock, or that you will be able to purchase it. Stock and pricing belong to the retailer and can change instantly.
  • We are not affiliated with, endorsed by, or sponsored by any retailer or brand we monitor. Brand and retailer names are used only to describe what an alert is about (nominative fair use), and all trademarks belong to their owners.

You use alerts at your own discretion and risk.

4. KicksAlert Pro subscriptions (auto-renewable)

KicksAlert offers an optional auto-renewable subscription, KicksAlert Pro, which unlocks additional features (such as restock alerts, all-brand coverage, and the hype/size filters).

  • Pricing: {{SUBSCRIPTION_PRICING}} — to be finalized when the App Store subscription products are configured (pending KIC-316). The exact price, currency, billing period, and any free-trial or introductory offer are shown in the App and on the App Store before you buy, and those displayed terms control. Do not publish this document with an invented price; either fill this placeholder with the real configured pricing or leave the price to the App Store display and remove this line.
  • Billing: Payment is charged to your Apple ID account at confirmation of purchase.
  • Auto-renewal: Your subscription automatically renews for the same period at the then-current price unless you cancel at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period.
  • Free trial: If an introductory free trial is offered, any unused portion is forfeited when you purchase a subscription, where applicable.
  • Managing and canceling: You can manage or cancel your subscription, or turn off auto-renewal, in your Apple ID account settings (App Store → your account → Subscriptions) after purchase. Deleting the App does not cancel your subscription.
  • Refunds: Purchases are handled by Apple; refund requests are subject to Apple's policies, and we generally cannot issue refunds directly.

We may change subscription features or pricing prospectively; changes won't affect a period you've already paid for, and price increases are handled per Apple's rules (which may require your consent before renewal).

5. Acceptable use

You agree not to:

  • use the App to violate any law or any retailer's terms;
  • attempt to access, scrape, overload, reverse-engineer, or disrupt the App, our servers, or our APIs, or to circumvent any limits or security;
  • resell, redistribute, or commercially exploit our alerts or data without our written permission;
  • use automated means to create accounts or generate excessive requests; or
  • use the App to facilitate fraud, bots-for-resale schemes that violate retailer rules, or any abusive activity.

We may suspend or terminate access for violations.

6. Intellectual property

The App, its design, and its software are owned by {{COMPANY_LEGAL_NAME}} and protected by intellectual-property laws. We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the App for your own non-commercial purposes, subject to these Terms. All third-party brand names, logos, and product images belong to their respective owners.

7. Third-party links and affiliate disclosure

The App links to third-party retailer and resale sites. We don't control and aren't responsible for their content, availability, pricing, or practices. Some links are affiliate links: if you buy after tapping one, we may earn a commission at no extra cost to you. Your dealings with any third party are solely between you and them.

8. Disclaimers

THE APP AND ALL ALERTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ALERTS WILL BE TIMELY OR ACCURATE.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, {{COMPANY_LEGAL_NAME}} WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST OPPORTUNITIES (INCLUDING THE INABILITY TO PURCHASE ANY PRODUCT), OR LOSS OF DATA, ARISING FROM OR RELATED TO YOUR USE OF THE APP. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR (B) US $25. Some jurisdictions don't allow these limits, so they may not fully apply to you.

10. Indemnification

You agree to indemnify and hold {{COMPANY_LEGAL_NAME}} harmless from claims arising out of your misuse of the App or violation of these Terms or any law or third-party right.

11. Changes; termination

We may modify the App or these Terms at any time. For material changes to the Terms, we'll update the "Effective date" and may provide in-App notice. We may suspend or discontinue the App, in whole or in part, at any time. You may stop using the App at any time by deleting it.

12. Governing law

These Terms are governed by the laws of the State of {{GOVERNING_STATE}}, USA, without regard to conflict-of-laws rules. Disputes will be brought in the state or federal courts located there, unless your local consumer law provides otherwise.

13. Apple App Store — additional terms

These Terms also serve as the licensed-application end-user license agreement ("EULA") for the App. The following apply because you obtained the App through the Apple App Store:

  • This EULA is between you and {{COMPANY_LEGAL_NAME}} only, not with Apple. Apple is not responsible for the App or its content.
  • Your license to use the App is limited to a non-transferable license to use it on any Apple-branded device you own or control, as permitted by the App Store Terms of Service.
  • Apple has no obligation to provide maintenance or support for the App. Support questions go to us at support@kicksalert.com.
  • If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims are our responsibility, not Apple's.
  • We, not Apple, are responsible for addressing any claims relating to the App, including product-liability, legal/regulatory, and consumer-protection claims, and any third-party claim that the App infringes intellectual-property rights.
  • You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting," and that you are not on any U.S. Government list of prohibited or restricted parties.
  • Apple and Apple's subsidiaries are third-party beneficiaries of this EULA and may enforce it against you.

14. Contact

{{COMPANY_LEGAL_NAME}} {{COMPANY_ADDRESS}} support@kicksalert.com