Legal

Terms of Service

Effective date: April 20, 2026
Last updated: April 21, 2026

Please read carefully. These Terms contain important provisions, including (for US users) a binding arbitration agreement and class-action waiver, which govern how disputes between you and us are resolved. They also include limitations of liability. Where permitted by applicable law, nothing in these Terms limits your statutory consumer rights.

These Terms of Service ("Terms") form a binding agreement between you and Modern Software Systems Ltd, a company registered in England and Wales with its registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ ("Klixey", "we", "us", "our"). They govern your access to and use of our websites, the Klixey creator platform, storefronts hosted by Klixey on behalf of Creators, and related services (together, the "Services").

By creating an account, clicking "I agree", or otherwise accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you are entering into these Terms on behalf of an entity, you represent that you have authority to bind that entity, in which case "you" refers to that entity.

Contents

  1. Definitions
  2. Our role as a platform
  3. Eligibility and accounts
  4. Creator terms
  5. Customer terms
  6. Platform subscriptions and billing
  7. Payments and Stripe Connect
  8. Acceptable use
  9. User content and intellectual property
  10. Feedback
  11. Third-party services
  12. Copyright complaints
  13. Disclaimers
  14. Limitation of liability
  15. Indemnification
  16. Term and termination
  17. Governing law
  18. Dispute resolution for US residents
  19. Dispute resolution for UK and EU consumers
  20. Changes to these Terms
  21. General
  22. Contact

1. Definitions

  • "Creator" means a user who registers a workspace to offer products through the Services.
  • "Customer" means a person who purchases, subscribes to, or otherwise accesses a Creator's products through the Services.
  • "Creator Content" means any content, data, information, files, products, media, trademarks, or materials that a Creator or their team uploads, makes available, or otherwise provides through the Services.
  • "Customer Content" means content submitted by a Customer, including community posts, messages, and profile information.
  • "Workspace" means a tenant within the Services through which a Creator manages their storefront, products, content, and Customers.
  • "Stripe Services Agreement" and "Connected Account Agreement" mean, respectively, the Stripe Services Agreement and Stripe Connected Account Agreement made available by Stripe at stripe.com/legal.
  • "Platform Subscription" means a subscription a Creator purchases from Klixey to use paid features of the Services.

2. Our role as a platform

Klixey provides software and infrastructure that enables Creators to operate independent digital storefronts. Klixey is not the merchant of record for products sold by Creators, is not a party to the sale between Creator and Customer, and does not take title to any goods or services sold through the Services. Each Creator is responsible for the products they offer, the descriptions and pricing they publish, the fulfilment of orders, customer service, and compliance with all laws applicable to their business, including tax, consumer protection, anti-money-laundering, and sanctions requirements.

Klixey does not endorse any Creator or Creator Content, and we have no obligation to monitor Creator Content, although we reserve the right to do so and to remove content or restrict access to the Services in accordance with these Terms.

3. Eligibility and accounts

3.1 Age and capacity

You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) and capable of entering into a binding contract to register an account as a Creator. Customers must be at least 13 years old, or the minimum age required for consent to processing of personal data in their jurisdiction where higher. Some Creator content may require Customers to be older; the applicable Creator's notices govern.

3.2 Prohibited persons

You may not use the Services if you are barred from receiving them under applicable law, including the laws of the United Kingdom, European Union, United States, or any jurisdiction where you reside or from which you access the Services. You represent that you are not listed on any sanctions list maintained by HM Treasury (UK), the EU, the US Treasury Department's Office of Foreign Assets Control (OFAC), or the UN Security Council.

3.3 Account security

You are responsible for maintaining the confidentiality of your credentials, for all activity that occurs under your account, and for promptly notifying us at support@klixey.com of any suspected compromise. We may require you to use two-factor authentication or other controls.

3.4 Accurate information

You agree to provide accurate, current, and complete information during registration and to keep that information up to date. Providing false information is a material breach of these Terms.

4. Creator terms

Sections 4 and 7 apply additionally to Creators.

4.1 Grant of rights to Klixey

You grant Klixey a worldwide, non-exclusive, royalty-free, sub-licensable licence to host, copy, transmit, cache, store, display, adapt (for format and delivery purposes only), and otherwise use Creator Content as necessary to operate and provide the Services, to enforce these Terms, and to promote your storefront on the Services (including in your own marketing with your attribution). You retain ownership of Creator Content.

4.2 Creator representations

You represent and warrant that:

  • you own or have all necessary rights, licences, and permissions to make Creator Content available and to sell the products you list;
  • Creator Content and your products comply with all applicable laws and do not infringe or misappropriate any third-party rights;
  • product descriptions, prices, refund policies, and any mandatory information you display are accurate, complete, and not misleading;
  • you will comply with all applicable consumer protection, e-commerce, tax, export, privacy, and data protection laws;
  • you have the required licences, registrations, or approvals to sell the products you list.

4.3 Fulfilment and customer service

You are solely responsible for delivering the products you sell, providing customer support to your Customers, handling returns, exchanges, and refunds, managing disputes and chargebacks, and issuing any required receipts or invoices. You must publish a refund or cancellation policy that complies with applicable law before accepting orders.

4.4 Tax

You are responsible for determining, collecting, reporting, and remitting all taxes (including value-added tax, sales tax, goods and services tax, and income tax) applicable to your sales. Klixey is not a tax adviser and does not provide tax advice. Where Klixey or a payment processor is required by law to collect and remit tax on your behalf, you authorise us to do so.

4.5 Sanctioned products and high-risk categories

You may not sell products, or provide services, that fall within Stripe's list of Restricted Businesses or that are otherwise prohibited under our Acceptable Use Policy.

4.6 Team members

Creators may invite team members to a Workspace. Creators are responsible for the acts and omissions of their team members and must ensure that team members comply with these Terms.

5. Customer terms

5.1 Purchases from Creators

When you purchase a product through a Creator's storefront, your contract for that product is with the Creator, not with Klixey. Klixey facilitates the transaction and provides the underlying technology. The Creator is responsible for fulfilment, support, and any refund or cancellation obligations.

5.2 Subscriptions, recurring payments, and renewals

Some products (memberships, communities, and certain services) are sold on a subscription basis. Where a Creator offers a subscription, you authorise the Creator (and Klixey's payment processor on the Creator's behalf) to charge the applicable payment method at the amount, frequency, and on the renewal dates shown at checkout, until the subscription is cancelled. Where the amount varies (for example, usage-based or tiered pricing), the method for determining the amount will be disclosed at checkout. You can manage and cancel subscriptions through the Customer portal on the applicable storefront, and we or the Creator will send a renewal or payment notice where required by applicable law.

5.3 Saved payment methods and future charges

If you agree to save a payment method for future purchases from a Creator (for example, one-click checkout or installment payments), you authorise the Creator, Klixey, and Stripe to store your payment credentials and to initiate future charges on that payment method in connection with purchases or subscriptions you make. The circumstances under which your payment method will be charged, and the method of cancellation or removal, will be disclosed to you at the point you consent to save the payment method, and you may remove saved payment methods at any time through the Customer portal.

5.4 Community conduct

If you participate in a community hosted through the Services, you agree to respect other members, to comply with the Creator's community rules, and not to post content that breaches the Acceptable Use Policy. Creators and Klixey may remove content and suspend or terminate access for breaches.

5.5 Consumer rights (UK and EEA)

If you are a consumer resident in the United Kingdom or the European Economic Area, nothing in these Terms affects your mandatory statutory rights, including, in the United Kingdom, rights under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("CCR"). Unless an exception applies, you have the right to cancel a purchase within 14 days of the contract date.

Digital content exception. For digital content not supplied on a tangible medium, you will lose your right to cancel if you expressly consent to supply beginning before the cancellation period ends and acknowledge that you thereby lose your right to cancel (CCR Reg 37). Where a Creator offers instant access to digital content, we or the Creator will ask you to confirm this consent before access is provided.

Please direct cancellation and refund requests to the selling Creator in the first instance; we will assist where appropriate.

6. Platform subscriptions and billing

This section applies to Creators who subscribe to paid Klixey plans.

6.1 Fees

Fees for Platform Subscriptions are set out on our pricing page or in an order form agreed with you. All fees are exclusive of taxes, which you are responsible for paying in addition to the fees, unless we are required by law to collect and remit them.

6.2 Free trials

We may offer free trials. Unless stated otherwise, free trials automatically convert to paid Platform Subscriptions at the end of the trial period using the payment method on file. You may cancel at any time before conversion.

6.3 Auto-renewal

Platform Subscriptions automatically renew at the end of each billing cycle at the then-current rates until cancelled. You may cancel at any time through the dashboard, and the cancellation takes effect at the end of the current billing cycle.

6.4 Price changes

We may change our pricing. For existing Platform Subscriptions, we will give you at least 30 days' notice before a price increase takes effect. Continuing to use the paid Services after the change takes effect means you accept the new price.

6.5 Refunds

Except where required by law, Platform Subscription fees are non-refundable. For UK and EEA consumers, the digital content exception described in §5.5 may apply to waive the 14-day right to cancel.

6.6 Non-payment

If we are unable to collect fees, we may suspend the Services, restrict access to paid features, or terminate your Platform Subscription. You remain liable for unpaid fees and for our reasonable costs of recovery.

7. Payments and Stripe Connect

Payment processing on the Services is provided by Stripe, Inc. and its affiliates (including Stripe Payments Europe Ltd and Stripe Technology Europe Ltd for transactions in the United Kingdom and European Economic Area) (together, "Stripe") using Stripe Connect in a direct-charge configuration. By using the Services to accept payments, Creators agree to the following.

7.1 Mandatory Stripe agreements

By accepting these Terms, you (as a Creator) are also entering into a direct contractual relationship with Stripe. You agree to be bound by, and to comply with:

You acknowledge that Stripe may independently suspend, restrict, or terminate your Stripe account and is not required to obtain our consent to do so. You agree that we may provide Stripe with information about you and your transactions, and that Stripe may contact you directly.

7.2 Acquirer disclosure

For Visa and Mastercard transactions, the Payment Method Acquirer is Stripe Technology Europe Ltd (STEL) for Creators established in the United Kingdom and European Economic Area, and Stripe Payments Company (with its sponsor bank, Wells Fargo Bank, N.A.) for Creators established in the United States. Acquirers for other regions and card networks are identified on Stripe's Legal page and the applicable acquirer terms available there form a direct contractual relationship between you and the relevant acquirer. You must comply with card network rules as communicated by Stripe and the acquirer.

7.3 Merchant of record

On direct-charge transactions, the Creator is the merchant of record for the sale to the Customer. The Creator is responsible for (i) processing refunds, (ii) responding to chargebacks and disputes, (iii) complying with card network and consumer protection rules, (iv) ensuring accurate product descriptions, pricing, and delivery timelines, and (v) maintaining adequate records.

7.4 Klixey platform fees

Klixey may charge a platform fee on transactions processed through the Services, as described on our pricing page. Platform fees are calculated at the time of the transaction and deducted from the Creator's share of the payment. Stripe's own processing fees apply in addition.

7.5 Reserves, holds, and disbursement

Stripe is entitled to place reserves, holds, or delays on funds in accordance with the Stripe Connected Account Agreement. We have limited ability to alter Stripe's risk decisions. If Stripe terminates or restricts your Stripe account, your ability to accept payments through the Services will be affected and we may be required to suspend your Workspace.

7.6 Authorisation of operational actions

You authorise Klixey to take commercially reasonable actions on your behalf in connection with the Services, including issuing refunds or cancelling transactions where required by law, by a payment processor, or to comply with these Terms.

8. Acceptable use

You must not, and must not permit any user of your Workspace to, use the Services to:

  • violate any applicable law, regulation, or third-party right (including intellectual property, privacy, and publicity rights);
  • sell, list, or distribute any product or service in the categories of Stripe Restricted Businesses, including (without limitation) pornography or sexually explicit services, gambling or games of chance requiring consideration, firearms and regulated weapons, controlled substances, pharmaceutical sales without appropriate licensing, multi-level marketing or pyramid schemes, counterfeit or unauthorised sales, and services that promote hate, violence, or discrimination;
  • engage in fraud, money laundering, terrorism financing, sanctions evasion, tax evasion, or any deceptive business practice;
  • upload, transmit, or promote content that is defamatory, harassing, threatening, obscene, hateful, exploitative of minors, or otherwise unlawful;
  • attempt to compromise the security or integrity of the Services, including by reverse engineering, probing, scraping, circumventing rate limits, deploying malware, or interfering with other users;
  • use the Services to send unsolicited bulk email or other forms of spam, in breach of applicable anti-spam laws;
  • impersonate any person or entity, misrepresent your affiliation, or use the Services to publish misleading health, financial, or investment claims;
  • create multiple accounts to evade enforcement, suspension, or payment obligations.

We may investigate suspected breaches, remove content, suspend or terminate Workspaces, and report activity to law enforcement or payment partners where appropriate. We may also withhold payouts in connection with suspected unlawful or policy-violating activity, consistent with our obligations to our payment partners.

9. User content and intellectual property

9.1 Ownership

As between you and Klixey, you retain all rights in the Creator Content or Customer Content you provide. The Services, including all software, designs, logos, and other materials made available by Klixey, are and remain the exclusive property of Klixey and its licensors.

9.2 Licence to other users

Where you post content in a community or similar shared space, you grant the Creator of that community and other members a non-exclusive, non-transferable licence to view and use the content within the Services as intended by the feature.

9.3 Our trademarks

"Klixey" and the Klixey logo are trademarks of Modern Software Systems Ltd. You may not use them except as reasonably required to promote your presence on the Services or otherwise with our prior written consent.

10. Feedback

If you provide suggestions, ideas, or feedback about the Services, you grant Klixey a worldwide, perpetual, irrevocable, royalty-free licence to use and incorporate the feedback into the Services without obligation of attribution or compensation.

11. Third-party services

The Services integrate with third-party services, including Stripe (payments), Google (OAuth and Calendar), and others. Your use of those services is governed by the relevant third-party terms and privacy policies. We are not responsible for the availability, content, or practices of any third-party service, and your interactions with them are solely between you and that third party.

We respect the intellectual property rights of others and expect our users to do the same. If you believe that content accessible through the Services infringes your copyright, please send a notice to copyright@klixey.com that includes, as applicable:

  • a description of the copyrighted work you claim has been infringed;
  • a description of where the allegedly infringing material is located on the Services (including URLs);
  • your contact information (name, postal address, telephone, email);
  • a statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent, or the law;
  • a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on their behalf;
  • your physical or electronic signature.

For US users, this notice is intended to comply with the Digital Millennium Copyright Act, 17 U.S.C. §512. We will respond to valid notices by removing or disabling access to the material identified and, where appropriate, terminating repeat infringers. Counter-notices may be sent to the same address in accordance with 17 U.S.C. §512(g). For UK and EU users, equivalent notice-and- takedown processes apply under applicable law.

13. Disclaimers

Except for the warranties expressly stated in these Terms, and subject to any mandatory rights that cannot be excluded under applicable law, the Services are provided "as is" and "as available". To the fullest extent permitted by law, Klixey disclaims all warranties, conditions, and other terms, express or implied, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and arising from course of dealing or usage of trade.

Klixey does not warrant that the Services will be uninterrupted, secure, or error-free, that defects will be corrected, or that content will be accurate, complete, or reliable. You use the Services at your own risk.

14. Limitation of liability

Nothing in these Terms limits or excludes our liability for (i) death or personal injury caused by our negligence, (ii) fraud or fraudulent misrepresentation, or (iii) any other liability that cannot be limited or excluded under applicable law.

Subject to the above, to the maximum extent permitted by law:

  • Klixey, our affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business opportunity, or anticipated savings, arising out of or in connection with these Terms or the Services, whether based on contract, tort (including negligence), statute, or any other legal theory, and whether or not Klixey has been advised of the possibility of such damages;
  • our aggregate liability arising out of or in connection with these Terms or the Services is limited to the greater of (a) the amount you have paid to Klixey for the Services in the 12 months immediately preceding the event giving rise to the liability, or (b) one hundred pounds sterling (£100).

If you are a consumer resident in the United Kingdom or European Economic Area, the above limitations apply only to the extent permitted by law, and do not affect your mandatory statutory rights against us as a service provider. If you are a consumer resident in a US state that restricts exclusions of certain damages, the exclusions above apply only to the extent permitted in your state.

15. Indemnification

If you are using the Services as a business or a Creator, you will defend, indemnify, and hold harmless Klixey, our affiliates, and our officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to (i) your breach of these Terms, (ii) your Creator Content or products, (iii) your violation of applicable law or third-party rights, or (iv) any dispute between you and a Customer. We may assume exclusive defence and control of any matter subject to indemnification, in which case you will cooperate with us at your expense.

If you are a consumer, this §15 applies only to the extent that the claim arises from your intentional misconduct or fraud.

16. Term and termination

These Terms remain in effect while you use the Services. We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe that you have breached these Terms, that continued use would create risk to Klixey, other users, or third parties, or that we are required to do so by law or by a payment partner.

You may stop using the Services at any time by closing your account through the dashboard or by emailing support@klixey.com. Sections that by their nature should survive (including Definitions, User Content, Payments, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, and General) will survive termination.

On termination, we may delete your Creator Content after a reasonable retention period, except where we are required to retain it by law. Please export your data before termination if you need it.

17. Governing law

These Terms and any dispute arising out of or in connection with them (including non-contractual disputes or claims) are governed by the laws of England and Wales, without regard to conflict of laws principles. If you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of the country where you habitually reside.

18. Dispute resolution for US residents

Please read this section carefully. It affects your legal rights, including your right to bring a lawsuit in court. It applies to any dispute between you and Klixey arising out of or relating to these Terms or the Services, except as expressly stated below.

18.1 Informal resolution

Before starting any formal proceeding, you agree to attempt to resolve the dispute informally by sending a written notice of dispute to legal@klixey.com. The notice must describe the dispute and the relief sought. We will attempt to resolve the dispute through good-faith discussions for 30 days following receipt of the notice.

18.2 Binding arbitration; class action waiver

If the dispute is not resolved within 30 days, you and Klixey agree that the dispute will be resolved exclusively by final and binding individual arbitration administered by JAMS under the JAMS Consumer Arbitration Minimum Standards and the JAMS Streamlined Arbitration Rules, as modified by these Terms. The arbitration will be held in the US county of your residence, unless the parties agree otherwise, and may be conducted by telephone or video where permitted. The arbitrator may award any relief that a court could award in an individual case.

You and Klixey agree that each party may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate or join more than one person's claims and may not preside over any form of representative or class proceeding. If this class-action waiver is found unenforceable, the entire arbitration agreement is void.

18.3 Carve-outs

Either party may bring an individual claim in small-claims court where jurisdiction permits, and either party may seek injunctive or equitable relief in court to protect intellectual property rights or prevent unauthorised access to the Services.

18.4 30-day opt-out

You may opt out of §18.2 by sending a written notice to legal@klixey.com within 30 days of first accepting these Terms. The notice must include your name, address, email associated with your account, and a clear statement that you opt out of arbitration. If you opt out, §18.2 will not apply to you, but the remainder of these Terms (including §19) will continue to apply.

18.5 Federal Arbitration Act

The Federal Arbitration Act (9 U.S.C. §1 et seq.) governs the interpretation and enforcement of this §18. The substantive law of England and Wales set out in §17 otherwise applies to the merits of the dispute, unless a US court or arbitrator determines that the law of a particular US state must apply to a claim.

19. Dispute resolution for UK and EU consumers

If you are a consumer resident in the United Kingdom or European Economic Area, any dispute arising out of or in connection with these Terms or the Services may be brought in the courts of England and Wales, or — where permitted by applicable law — in the courts of the country where you habitually reside. You may also have the right to use alternative dispute resolution providers. EU consumers may access the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr; we are not obliged to use it.

For all users outside the US, any dispute that is not a consumer dispute and cannot be resolved informally will be subject to the exclusive jurisdiction of the courts of England and Wales.

20. Changes to these Terms

We may change these Terms from time to time. When we do, we will update the "Last updated" date at the top and, for material changes, provide reasonable advance notice (for example, by email or in-app notice) before the changes take effect. Your continued use of the Services after the effective date of the updated Terms means you accept them. If you do not accept the changes, you must stop using the Services; your termination rights are set out in §16.

21. General

21.1 Entire agreement

These Terms, our Privacy Policy, any Data Processing Addendum, and any order form or supplemental terms referenced from them form the entire agreement between you and Klixey about the Services and supersede any prior agreements on the same subject matter.

21.2 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of our assets.

21.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

21.4 No waiver

Our failure to enforce any right or provision of these Terms is not a waiver of such right or provision. Any waiver must be in writing and signed by an authorised representative.

21.5 Force majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, war, terrorism, riots, labour disputes, pandemics, internet or power outages, acts of governments, or failures of third-party services.

21.6 No agency

No agency, partnership, joint venture, or employment is created by these Terms. Neither party has any authority to bind the other without the other's prior written consent.

21.7 Notices

We may send notices to you by email to the address associated with your account or by posting them on the Services. Notices to us must be sent to legal@klixey.com with a copy to our registered office address.

21.8 Rights of third parties

A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 or equivalent legislation to enforce any term of these Terms.

21.9 Language

These Terms are made in the English language, which will be the controlling version in the event of any translation.

22. Contact

Modern Software Systems Ltd
71-75 Shelton Street, Covent Garden
London, WC2H 9JQ, United Kingdom