Effective November 8, 2026
These Terms of Service (the “Terms”) form a legally binding agreement between you and LIKE A KING INC., a New York corporation (the “Company”, “we”, “us” or “our”), and govern your access to and use of the website located at likeakinginc.com and its subdomains, the REGES AI concierge, the enquiry form, and all related content, features and communications (together, the “Site”). Office address: One World Trade Center, Suite 8500, New York, NY 10007, United States (the “Office Address”).
PLEASE READ THESE TERMS CAREFULLY. SECTION 16 CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT, A WAIVER OF CLASS, COLLECTIVE AND REPRESENTATIVE ACTIONS, AND A WAIVER OF TRIAL BY JURY. UNLESS YOU OPT OUT WITHIN THIRTY (30) DAYS AS DESCRIBED IN SECTION 16.9, DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY INDIVIDUAL ARBITRATION. SECTIONS 10 AND 11 LIMIT THE COMPANY’S WARRANTIES AND LIABILITY.
Definitions and interpretation
D.1 Definitions. In these Terms, the following capitalized terms have the meanings set out below:
“Affiliates” means, with respect to the Company, its officers, directors, shareholders, employees, contractors, agents, licensors, successors and assigns.
“Care Plan” means any recurring retainer, subscription or managed-service plan offered by the Company, including the plans described on the Site’s Care Plans page.
“Client” means a person or entity that has entered into an Engagement Agreement with the Company.
“Content” means all text, graphics, images, video, animation, logos, marks, designs, source and object code, data, knowledge files and other materials made available on or through the Site, excluding Submissions.
“Engagement Agreement” means any master services agreement, statement of work, order form, proposal accepted in writing, change order, data processing agreement, service-level schedule or other written agreement signed or electronically accepted by an authorized representative of the Company and a Client.
“Enquiry Form” means the form published at https://likeakinginc.com/#enquiries, which is the Company’s sole published channel for contact, notices and requests made under these Terms and the Policies.
“Output” means any response, text, estimate, suggestion or other material generated by REGES or by any other automated feature of the Site.
“Policies” means the Company’s Privacy Notice, Cookie Policy, Disclaimer, Cancellation and Refunds Policy, Texts and Calls Policy, Accessibility Statement and Licenses page, each as published on the Site and amended from time to time.
“REGES” means the automated artificial-intelligence concierge made available on the Site.
“Services” means professional, engineering, design, development, cloud, cybersecurity, managed IT, infrastructure, AI and related services that the Company may perform for a Client under an Engagement Agreement.
“Submissions” means any information, message, prompt, file, idea or other material that you submit through the Enquiry Form, REGES or any other part of the Site.
“You” and “your” mean the individual accessing or using the Site and, where that individual acts on behalf of a company or other organization, that organization.
D.2 Interpretation. In these Terms: (a) “including” and similar words mean “including without limitation”; (b) headings are for convenience only and do not affect interpretation; (c) the singular includes the plural and vice versa; (d) “shall” and “will” express obligations, and “may” expresses a permission or discretion; (e) “days” means calendar days unless business days are specified; (f) a reference to a law includes that law as amended and any regulations made under it; (g) a reference to “writing” includes electronic communications; and (h) no rule of construction applies to the disadvantage of a party on the basis that the party prepared these Terms.
1. Acceptance
1.1 Agreement. By accessing, browsing or using the Site, submitting the Enquiry Form or interacting with REGES, you acknowledge that you have read, understood and agree to be bound by these Terms and the Policies, which are incorporated into these Terms by reference. If you do not agree, you shall not access or use the Site.
1.2 Authority. If you use the Site on behalf of a company or other organization, you represent and warrant that you are authorized to bind that organization to these Terms, and your acceptance binds that organization. If you lack that authority, you shall not use the Site on its behalf.
1.3 Nature of the Site. The Site is an informational and business-development property of a business-to-business technology studio. It describes the Company’s practices and offerings, provides an automated concierge, and allows prospective Clients to request an estimate. The Site does not itself sell goods, does not accept payment, does not create any client relationship, and does not provide any Services. Services are provided only under an Engagement Agreement, as described in Section 14.
1.4 Electronic communications. You consent to receive communications from the Company electronically and agree that all agreements, notices, disclosures and other communications provided electronically satisfy any legal requirement that such communications be in writing, consistent with the federal Electronic Signatures in Global and National Commerce Act.
2. License to use
2.1 Grant. Subject to your continuing compliance with these Terms, the Company grants you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable license to access and view the Site and to use REGES and the Enquiry Form, solely for the purpose of learning about the Company and evaluating or requesting its Services, and for no other purpose.
2.2 Licensed, not sold. The Site, the Content and REGES are licensed, not sold. No ownership interest of any kind is transferred to you. All rights not expressly granted in these Terms are reserved by the Company and its licensors.
2.3 Restrictions. Except as expressly permitted by these Terms or by applicable law that cannot be excluded by contract, you shall not, and shall not permit any third party to: (a) copy, reproduce, modify, translate, adapt or create derivative works of the Site or any Content; (b) decompile, disassemble, reverse engineer or attempt to derive the source code, prompts, system instructions, knowledge files, model configuration or underlying structure of the Site or REGES; (c) extract, scrape, harvest or index any Content, data or Output by automated means, including robots, spiders, crawlers or AI training pipelines; (d) use the Site, any Content or any Output to develop, train or improve a competing product, service or AI model; (e) sell, resell, rent, lease, sublicense or otherwise commercially exploit the Site or any Content; (f) remove, obscure or alter any proprietary, copyright, trademark or license notice; (g) frame or mirror any part of the Site; or (h) access the Site by any means other than a standard web browser or interface the Company provides.
2.4 Changes to the Site. The Company may modify, update, suspend or discontinue the Site, REGES or any feature or Content at any time, with or without notice, and without liability to you.
3. Eligibility
3.1 Age. The Site is intended for business users and is not directed to children. You represent that you are at least eighteen (18) years of age, or the age of majority in your jurisdiction if higher. Individuals under eighteen (18) shall not submit the Enquiry Form or use REGES.
3.2 Business use. You represent that you use the Site for purposes related to your trade, business, craft or profession, or to evaluate Services for an organization, unless you are an individual expressly permitted by applicable law to rely on consumer protections, in which case those protections apply to the extent required by law.
3.3 Sanctions and export. You represent and warrant that you are not (a) located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive United States sanctions, or (b) identified on, or owned or controlled by any person identified on, any United States government restricted-party list, including the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control. You shall comply with all applicable United States export-control and sanctions laws.
3.4 Accurate information. You shall provide true, accurate, current and complete information in every Submission, and shall not impersonate any person or entity or misrepresent your affiliation with any person or entity.
4. Pricing and billing
4.1 No prices on the Site. The Site does not publish binding prices. Any description of plans, tiers, budget ranges, features, minimum terms or notice periods on the Site is general information only. Pricing for Services and Care Plans is quoted per engagement and becomes binding only when set out in an Engagement Agreement.
4.2 Currency, invoicing and processors. Unless an Engagement Agreement provides otherwise, all fees are stated and payable in United States dollars. Invoices and payments may be processed through third-party payment processors, such as Stripe, under their own terms. The Company does not receive or store full payment card numbers.
4.3 Recurring charges. Where an Engagement Agreement provides for a Care Plan or other recurring charge, the Company will, where applicable law requires, clearly disclose the material terms of the recurring charge before obtaining your express affirmative consent, provide an acknowledgment that includes the cancellation terms, and provide a simple mechanism to cancel, consistent with the federal Restore Online Shoppers’ Confidence Act, New York General Business Law section 527-a, the California Automatic Renewal Law (California Business and Professions Code section 17600 and following) and similar laws. Cancellation is governed by the Cancellation and Refunds Policy and the applicable Engagement Agreement.
4.4 Deposits and refunds. Project deposits, milestone payments and refunds are governed exclusively by the applicable Engagement Agreement and the Cancellation and Refunds Policy. Except where an Engagement Agreement or applicable law expressly provides otherwise, fees paid are non-refundable.
4.5 Price changes. The Company may change the price of any Care Plan or recurring Service upon prior written notice delivered before the start of the renewal term to which the change applies, or as otherwise set out in the Engagement Agreement. A price change does not apply retroactively to any term already paid.
4.6 Taxes. Fees exclude all sales, use, value-added, withholding and similar taxes, duties and charges, which are the responsibility of the Client except for taxes on the Company’s net income.
4.7 Late payment. Overdue amounts may accrue interest and may result in suspension of Services, each as set out in the applicable Engagement Agreement and to the extent permitted by law.
5. Your content
5.1 Ownership. As between you and the Company, you retain whatever rights you hold in your Submissions. Nothing in these Terms transfers ownership of your Submissions to the Company.
5.2 License to the Company. You grant the Company and its service providers a worldwide, non-exclusive, royalty-free, fully paid license to host, store, copy, process, transmit, analyze and use your Submissions solely to respond to you, to prepare estimates and proposals, to operate, secure and improve the Site and REGES, to keep business records, and to comply with law, in each case consistent with the Privacy Notice. This license survives for so long as the Company retains the Submission in accordance with the Privacy Notice.
5.3 No confidential relationship. Submissions made through the Site are not confidential and do not create a confidential, fiduciary or client relationship unless and until the Company signs a non-disclosure agreement or Engagement Agreement that expressly covers them. You shall not submit trade secrets, credentials, passwords, payment card data, government identification numbers, protected health information, or other sensitive or regulated information through the Enquiry Form or REGES.
5.4 No AI training. The Company does not use your Submissions to train its own or any third-party artificial-intelligence model. REGES messages are processed by third-party AI model providers as described in the Privacy Notice, under those providers’ own terms.
5.5 Your representations. You represent and warrant that you own or have all rights, licenses, consents and permissions necessary to make each Submission and to grant the license in Section 5.2, and that no Submission infringes, misappropriates or violates any intellectual-property, privacy, publicity or other right of any person, or violates any law.
5.6 Feedback. If you provide suggestions, ideas or feedback about the Site, REGES or the Services (“Feedback”), you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use, disclose and exploit that Feedback for any purpose without obligation or compensation to you.
5.7 Removal. The Company may, but has no obligation to, review, retain, refuse or delete any Submission at any time and for any reason.
6. Recording other people
6.1 The Site records no one. The Site does not access your camera or microphone and does not capture images, video, voice or biometric identifiers of visitors.
6.2 Your Submissions. You shall not submit through the Site any photograph, video, audio recording, voice sample, screen capture or biometric identifier of any other person, or any personal information about another person, unless you have obtained every notice, consent and authorization that applicable law requires.
6.3 Recording, surveillance and camera systems. Where the Company designs, installs, configures or maintains camera, CCTV, access-control, call-recording, transcription, monitoring or similar systems for a Client, the Client is solely responsible for determining and satisfying every legal requirement for capturing, recording, retaining and using images, audio and data of employees, customers, visitors and other persons, including: (a) the federal Wiretap Act and state laws that require the consent of all parties to record a confidential communication, which include California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington, among others; (b) biometric privacy laws, including the Illinois Biometric Information Privacy Act, Texas Business and Commerce Code section 503.001 and Washington’s biometric identifier law; (c) New York Civil Rights Law section 52-c, which requires employers to give notice of electronic monitoring; (d) laws prohibiting cameras in restrooms, changing rooms and other private areas; and (e) posted-notice, signage, retention and data-security requirements. Unless an Engagement Agreement expressly states otherwise, the Company does not provide face recognition or biometric identification, and does not provide legal determinations about the lawfulness of any Client’s recording or monitoring practices.
6.4 Prohibited imagery. You shall not use the Site or any Services to create, store or distribute non-consensual intimate imagery, including digitally altered or AI-generated depictions of real persons, contrary to the federal TAKE IT DOWN Act or any other law. The Company has zero tolerance for child sexual abuse material and will report apparent violations to the National Center for Missing and Exploited Children and to law enforcement.
7. Third-party services
7.1 Use of third parties. The Site and the Services rely on third-party products and services, which may include cloud hosting and content-delivery providers (for example, Hostinger), email-delivery providers (for example, Resend), internal notification tools (for example, Discord), AI model providers and routers (for example, OpenRouter, Anthropic and OpenAI), payment processors (for example, Stripe), and, in client engagements, cloud platforms such as Amazon Web Services, Microsoft Azure and Google Cloud, together with software, open-source components and other tools (together, “Third-Party Services”).
7.2 Their terms apply. Third-Party Services are governed by their providers’ own terms and privacy policies. The Company does not control and is not responsible or liable for any Third-Party Service, including its availability, security, accuracy, data practices, pricing or changes, or for any act or omission of its provider.
7.3 Links. The Site may contain links to third-party websites. Links are provided for convenience only and do not imply endorsement, sponsorship or affiliation. You access third-party websites at your own risk.
7.4 Trademarks of others. Names and marks of third parties that appear on the Site belong to their respective owners. Their appearance does not imply any partnership, certification, endorsement or affiliation unless the Company expressly states otherwise in writing.
8. Acceptable use
8.1 Prohibited conduct. You shall not, and shall not attempt to, use the Site, REGES or the Enquiry Form to:
violate any applicable law, regulation or third-party right, or promote or facilitate any unlawful activity;
harass, threaten, defame, abuse, stalk or intimidate any person, or post hateful, obscene or sexually explicit material;
upload, generate or distribute child sexual abuse material, non-consensual intimate imagery, or sexual deepfakes of real persons;
probe, scan or test the vulnerability of any system or network, breach or circumvent any security or authentication measure, or access any non-public area of the Site, including the Company’s staff dashboard, without written authorization;
introduce viruses, malware, ransomware or other harmful code, or interfere with, overload or disrupt the Site, including by denial-of-service activity or excessive automated requests;
scrape, crawl, harvest or index the Site or REGES by automated means, or use the Site or any Output to train or benchmark an AI model;
manipulate REGES, including through prompt injection, jailbreaking or attempts to extract its instructions, knowledge files, configuration or credentials, or to cause it to produce unlawful, deceptive, defamatory or harmful Output;
impersonate the Company, any of its personnel or any other person, or misrepresent your identity, organization or authority;
send spam, chain letters, unsolicited advertising or bulk Submissions, or submit false, fraudulent or test enquiries;
collect or store personal information about other users or Company personnel; or
assist, encourage or enable any third party to do any of the foregoing.
8.2 Enforcement. The Company may investigate any suspected violation of this Section 8 and may, in its sole discretion and without notice or liability, block, rate-limit, suspend or terminate access, delete Submissions, preserve evidence, and cooperate with law enforcement or affected third parties.
9. Our intellectual property
9.1 Ownership. The Site, the Content, REGES, and all software, designs, layouts, animations, templates, knowledge files, prompts, methodologies and other materials of the Company, together with all intellectual-property rights in them, are owned by the Company or its licensors and are protected by United States and international copyright, trademark, trade-secret and other laws.
9.2 Marks. LIKE A KING INC., Like a King Inc., the lion crest and REGES, and related names, logos and trade dress, are trademarks or service marks of the Company. You shall not use them without the Company’s prior written permission, including in domain names, social-media handles, advertising keywords or metadata, or in any manner likely to cause confusion or to suggest sponsorship or endorsement.
9.3 Client deliverables. Ownership of and license rights in deliverables created for a Client are governed exclusively by the applicable Engagement Agreement. Absent an Engagement Agreement that expressly assigns or licenses them, no rights in any Company materials pass to any person.
9.4 Copyright complaints. If you believe that material on the Site infringes your copyright, submit a notice through the Enquiry Form containing the elements required by 17 U.S.C. section 512(c)(3): (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and its location on the Site; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on the owner’s behalf. Formal notices may also be delivered by mail or courier to the Office Address. Knowingly material misrepresentations may give rise to liability under 17 U.S.C. section 512(f). The Company may remove material and terminate access of repeat infringers in appropriate circumstances.
9.5 Open-source components. The Site incorporates open-source software licensed under its own terms, identified on the Licenses page. Nothing in these Terms limits any right granted to you by an applicable open-source license.
10. Disclaimers
10.1 AS IS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE CONTENT, REGES, ALL OUTPUT AND ALL OTHER FEATURES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
10.2 NO AVAILABILITY OR SECURITY WARRANTY. THE COMPANY DOES NOT WARRANT THAT THE SITE OR REGES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, THAT ANY SUBMISSION WILL BE RECEIVED, STORED OR ANSWERED, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. NO TRANSMISSION OVER THE INTERNET IS FULLY SECURE.
10.3 AI OUTPUT MAY BE WRONG. REGES IS AN AUTOMATED SYSTEM POWERED BY THIRD-PARTY AI MODELS. OUTPUT IS GENERATED BY PROBABILITY, MAY BE INACCURATE, INCOMPLETE, OUTDATED, OFFENSIVE OR FABRICATED, AND IS NOT REVIEWED BY A HUMAN BEFORE IT IS SHOWN TO YOU. OUTPUT IS NOT A STATEMENT, OFFER, QUOTE, PROMISE, WARRANTY OR COMMITMENT OF THE COMPANY AND DOES NOT BIND THE COMPANY. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ANY OUTPUT BEFORE RELYING ON IT.
10.4 No professional advice. Nothing on the Site, including any Output, is legal, financial, tax, accounting, investment, insurance, medical, engineering-certification or other professional advice, and no such relationship is created by your use of the Site.
10.5 Marketing statements and figures. Descriptions of capabilities, plan features, statistics, metrics, uptime percentages, monitoring hours, response targets, status indicators (including any “operational” indicator), case studies and portfolio results on the Site are illustrative and general. They do not describe a commitment to you, are not a real-time system status, and do not guarantee any result. Any service level, response time, uptime commitment, warranty or remedy applies only if, and only to the extent, it is set out in a signed Engagement Agreement, and then only as stated there. Past results do not guarantee future outcomes.
10.6 Not a life-safety or emergency service. The Site and REGES are not monitoring, alarm, dispatch, life-safety or emergency services and must not be used to report an emergency. In an emergency, call 911. Any security, monitoring, fire, alarm or life-safety work is governed exclusively by an Engagement Agreement and the requirements of applicable law and the authority having jurisdiction.
10.7 Security outcomes. Cybersecurity and risk-management Services reduce risk but cannot eliminate it. The Company does not warrant that any system, network, application or data will be free from intrusion, breach, loss or compromise, and does not represent that it or any Client holds any particular certification or attestation unless an Engagement Agreement expressly so states.
10.8 Statutory rights. Some jurisdictions do not allow the exclusion of certain implied warranties. In those jurisdictions, the exclusions above apply to the maximum extent permitted, and any implied warranty that cannot be excluded is limited in duration to thirty (30) days from your first use of the Site.
11. Limitation of liability
11.1 EXCLUSION OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, CONTRACTS, ANTICIPATED SAVINGS, GOODWILL, REPUTATION OR DATA, OR FOR THE COST OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR FOR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, REGES, ANY OUTPUT OR ANY SUBMISSION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11.2 CAP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, REGES, ANY OUTPUT OR ANY SUBMISSION SHALL NOT EXCEED THE GREATER OF (A) THE FEES YOU ACTUALLY PAID TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US$100).
11.3 Engagement Agreements. Liability arising out of Services is governed by the limitation-of-liability provisions of the applicable Engagement Agreement. Where an Engagement Agreement is silent, Sections 11.1 and 11.2 apply.
11.4 Basis of the bargain. The disclaimers and limitations in Sections 10 and 11 are an essential basis of the bargain between you and the Company, allocate risk between the parties, and apply even if any remedy fails of its essential purpose. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, such as liability for fraud, or for gross negligence, willful misconduct or personal injury where the law so requires; in such cases, liability is limited to the minimum extent the law allows.
12. Indemnification
12.1 Your obligation. To the fullest extent permitted by law, you shall defend, indemnify and hold harmless the Company and its Affiliates from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, judgments, settlements, penalties, fines, costs and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to: (a) your access to or use of the Site, REGES or any Output; (b) any Submission; (c) your breach of these Terms or any Policy; (d) your violation of any law or regulation; (e) your infringement or violation of any right of a third party, including intellectual-property, privacy and publicity rights; and (f) any recording, monitoring or data-collection practice for which you are responsible under Section 6.
12.2 Procedure. The Company may notify you of any claim subject to this Section 12, may assume the exclusive defense and control of any such matter at your expense, and you shall cooperate fully. You shall not settle any claim that imposes any obligation or admission on the Company without the Company’s prior written consent.
12.3 Limits. This Section 12 does not require you to indemnify the Company for losses finally determined by a court or arbitrator to have resulted solely from the Company’s own willful misconduct.
13. Termination
13.1 By you. You may stop using the Site at any time. You may request deletion of your Submissions through the Enquiry Form, subject to the retention terms of the Privacy Notice.
13.2 By the Company. The Company may suspend, restrict or terminate your access to all or part of the Site, block your network address or devices, and disregard further Submissions, at any time and for any reason, including breach of these Terms, suspected fraud or abuse, security risk or legal requirement, with or without notice and without liability.
13.3 Engagements. Termination of an Engagement Agreement or Care Plan is governed by that Engagement Agreement and the Cancellation and Refunds Policy.
13.4 Survival. The following provisions survive any expiration or termination of these Terms or of your access to the Site: Definitions and interpretation, and Sections 2.2, 2.3, 4.4, 4.6, 5.2, 5.5, 5.6, 6, 9, 10, 11, 12, 13.4, 15, 16, 17 and 18, together with any other provision that by its nature is intended to survive.
14. Client engagements, statements of work and order of precedence
14.1 Engagement Agreements govern Services. All Services, including web and application development, AI engineering, cloud and infrastructure work, cybersecurity, managed IT, on-site installation and Care Plans, are provided only under an Engagement Agreement. Scope, deliverables, schedules, acceptance, fees, payment terms, warranties, service levels, support obligations, confidentiality, data processing, intellectual-property ownership, insurance and liability for Services are set out exclusively in that Engagement Agreement.
14.2 Estimates are not offers. Any estimate, budget range, proposal, timeline or other indication provided through the Site, by REGES or in pre-contract correspondence is non-binding, is provided for discussion only, and does not constitute an offer capable of acceptance. REGES does not quote prices or commit the Company to any date, scope or term. No contract for Services is formed until an Engagement Agreement is signed or electronically accepted by an authorized representative of the Company.
14.3 Changes in scope. Any change to the scope, schedule or fees of an engagement is effective only when set out in a written change order or amendment signed by both parties.
14.4 Order of precedence. In the event of any conflict or inconsistency, the following order of precedence applies, from highest to lowest: (a) a signed master services agreement or other signed framework agreement; (b) a signed statement of work or order form, solely with respect to the engagement it describes; (c) any signed data processing agreement or service-level schedule, solely with respect to its subject matter; (d) these Terms; and (e) the Policies. Pre-printed terms on any Client purchase order or vendor portal are of no effect, even if acknowledged or accepted by the Company.
14.5 Client data. Where the Company processes personal information on behalf of a Client in performing Services, it acts as the Client’s service provider or processor, and the Client’s own notices and the applicable Engagement Agreement govern that processing.
14.6 App stores. The Company does not currently distribute any application to end users through the Apple App Store or Google Play. If it does so in the future, the applicable store’s required end-user terms will apply to that application in addition to these Terms. Applications built for and published by a Client are subject to the Client’s own terms and the Engagement Agreement.
15. Governing law
15.1 Governing law. These Terms and any dispute, claim or controversy arising out of or relating to them, the Site, REGES or any Submission (each, a “Dispute”) are governed by the laws of the State of New York, United States, without regard to its conflict-of-laws rules, except that Section 16 and any question about the arbitrability of a Dispute are governed by the Federal Arbitration Act, 9 U.S.C. section 1 and following.
15.2 Venue for non-arbitrable matters. To the extent any Dispute is not subject to arbitration under Section 16 or proceeds in court for any reason, it shall be brought exclusively in the state or federal courts located in New York County, New York, and each party consents to the personal jurisdiction of those courts and waives any objection based on inconvenient forum, except where applicable law gives a consumer a non-waivable right to a different forum.
15.3 Exclusions. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act, in any form enacted, do not apply to these Terms.
16. Dispute resolution and arbitration
16.1 Informal resolution first. Before starting any arbitration or court proceeding, the party asserting a Dispute shall send the other party a written notice describing the nature and basis of the Dispute and the relief sought (a “Notice of Dispute”). Your Notice of Dispute must be submitted through the Enquiry Form and must include your name, your organization (if any), the email address you used with the Company, and a description of the Dispute. The parties shall attempt in good faith to resolve the Dispute informally for sixty (60) days after the Notice of Dispute is received. All applicable limitations periods are tolled during this period.
16.2 AGREEMENT TO ARBITRATE. EXCEPT AS PROVIDED IN SECTIONS 16.6 AND 16.9, YOU AND THE COMPANY AGREE THAT ANY DISPUTE THAT IS NOT RESOLVED INFORMALLY SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING INDIVIDUAL ARBITRATION, AND NOT IN A COURT OF LAW. THE ARBITRATOR, AND NOT ANY COURT, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE ABOUT THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS AGREEMENT TO ARBITRATE, EXCEPT AS PROVIDED IN SECTIONS 16.4 AND 16.8.
16.3 Rules and administration. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules where you are an individual using the Site for personal, family or household purposes, and otherwise under its Commercial Arbitration Rules, in each case as modified by these Terms and including any applicable AAA mass-arbitration supplementary rules. The rules are available at www.adr.org. A single arbitrator shall preside. Unless the parties agree otherwise, any hearing shall take place by videoconference or, if an in-person hearing is required, in New York County, New York, or, for an individual consumer, in the county where that consumer resides. Claims of US$25,000 or less may be decided on written submissions alone at the claimant’s election. The arbitrator may award on an individual basis any relief that would be available in court, and shall issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction.
16.4 CLASS ACTION WAIVER. YOU AND THE COMPANY AGREE THAT EACH 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, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, EXCEPT AS PROVIDED IN SECTION 16.7, AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. If this Section 16.4 is found unenforceable as to any claim, that claim shall be severed and decided by a court under Section 15.2 after all individual claims are arbitrated, and the remainder of this Section 16 shall remain in effect.
16.5 JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE, WHETHER IN ARBITRATION OR IN COURT.
16.6 Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies and remains there on an individual basis; and (b) seek temporary, preliminary or permanent injunctive relief in a court of competent jurisdiction to protect its intellectual-property rights, confidential information or the security of its systems. Any claim for public injunctive relief, to the extent that relief is available and may not be waived under applicable law, shall be severed and stayed pending the arbitration of all individual claims, and then decided by a court under Section 15.2.
16.7 Mass arbitration. If twenty-five (25) or more demands for arbitration that raise substantially similar Disputes are filed against the Company by or with the assistance of the same or coordinated counsel or organizations, the demands shall be administered in batches of up to one hundred (100) demands each, with one arbitrator appointed per batch, and the parties shall cooperate with the AAA to resolve the batches efficiently, including through bellwether proceedings where appropriate. The AAA’s fees shall be assessed per batch to the extent its rules permit. Limitations periods are tolled for each demand from the date it is filed until it is assigned to a batch.
16.8 Fees. For a claim brought by an individual consumer, the Company shall pay all AAA filing, administration and arbitrator fees in excess of the amount the consumer would pay to file a claim in a court of general jurisdiction, unless the arbitrator finds the claim frivolous or brought for an improper purpose under Federal Rule of Civil Procedure 11(b). For all other claims, fees shall be allocated under the applicable AAA rules. Each party bears its own attorneys’ fees and costs, except where the arbitrator awards them as permitted by applicable law or the AAA rules.
16.9 THIRTY-DAY RIGHT TO OPT OUT. YOU MAY OPT OUT OF THIS AGREEMENT TO ARBITRATE BY SUBMITTING A WRITTEN OPT-OUT NOTICE THROUGH THE ENQUIRY FORM WITHIN THIRTY (30) DAYS AFTER YOU FIRST ACCEPT THESE TERMS. YOUR NOTICE MUST INCLUDE YOUR NAME, YOUR ORGANIZATION (IF ANY), THE EMAIL ADDRESS YOU USE WITH THE COMPANY, AND A CLEAR STATEMENT THAT YOU WISH TO OPT OUT OF ARBITRATION. OPTING OUT DOES NOT AFFECT ANY OTHER PROVISION OF THESE TERMS, AND DISPUTES WILL THEN BE RESOLVED UNDER SECTION 15.2.
16.10 TIME LIMIT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED.
16.11 Changes to this Section. If the Company makes a material change to this Section 16, the change will not apply to any Dispute of which the Company had received a Notice of Dispute before the change took effect, and you may reject the change by notice through the Enquiry Form within thirty (30) days after it takes effect, in which case the prior version of this Section 16 continues to apply to you.
16.12 Engagement Agreements. If an Engagement Agreement contains its own dispute-resolution clause, that clause governs Disputes arising under that Engagement Agreement.
17. State-specific notices
17.1 California. Under California Civil Code section 1789.3, California users are entitled to the following notice: the Site is provided by LIKE A KING INC., One World Trade Center, Suite 8500, New York, NY 10007. The Site itself is provided without charge; charges for Services are set out in an Engagement Agreement. Questions may be submitted through the Enquiry Form. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210. California residents have the privacy rights described in the Privacy Notice, and any automatic renewal is subject to the California Automatic Renewal Law to the extent it applies.
17.2 New Jersey. If you are a New Jersey consumer, nothing in these Terms is intended to limit any right that you may have under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, and any provision of these Terms that would be unenforceable under New Jersey law, including certain disclaimers, limitations of liability and indemnities, shall not apply to you to that extent.
17.3 New York. Automatic renewals offered to New York consumers are subject to New York General Business Law sections 527 and 527-a. Data-security practices are described in the Privacy Notice consistent with the New York SHIELD Act.
17.4 Other states. Residents of Virginia, Colorado, Connecticut, Utah, Texas, Oregon and other states with comprehensive consumer privacy laws have the rights described in the Privacy Notice to the extent those laws apply. Biometric and recording laws of Illinois, Texas, Washington and other states are addressed in Section 6. If any provision of these Terms is unenforceable under the law of your state of residence, that provision applies only to the maximum extent permitted there, and the remaining provisions continue in effect.
17.5 Accessibility. The Company’s accessibility commitments, including its WCAG 2.2 Level AA target, are described in the Accessibility Statement. Accessibility feedback may be submitted through the Enquiry Form.
18. Changes and contact
18.1 Changes. The Company may amend these Terms from time to time by posting the amended Terms on the Site with a new effective date. For material changes, the Company will provide at least thirty (30) days’ notice by posting on the Site or by other reasonable means before the change takes effect. Amendments apply prospectively only and do not apply to any Dispute of which a party had notice before the amendment took effect. Your continued use of the Site after the effective date constitutes acceptance of the amended Terms.
18.2 Entire agreement. These Terms, together with the Policies and any applicable Engagement Agreement, constitute the entire agreement between you and the Company concerning their subject matter, and supersede all prior or contemporaneous understandings, representations and communications, whether written, oral or electronic, including any statement made by REGES.
18.3 Severability. If any provision of these Terms is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible and modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect, subject to Section 16.4.
18.4 No waiver. No failure or delay by the Company in exercising any right or remedy operates as a waiver of it, and no single or partial exercise of any right precludes any further exercise of it. A waiver is effective only if in writing and signed by an authorized representative of the Company.
18.5 Assignment. You may not assign, delegate or transfer these Terms or any right or obligation under them, by operation of law or otherwise, without the Company’s prior written consent, and any attempt to do so is void. The Company may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets. These Terms bind and benefit the parties and their permitted successors and assigns.
18.6 Force majeure. The Company shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, fire, flood, earthquake, epidemic, war, terrorism, civil unrest, labor disputes, governmental action, sanctions, cyberattacks, failure of utilities, telecommunications or the internet, and failure or interruption of any Third-Party Service.
18.7 Notices. Notices to the Company under these Terms shall be submitted through the Enquiry Form; formal legal notices may also be sent by registered mail or recognized overnight courier to LIKE A KING INC., One World Trade Center, Suite 8500, New York, NY 10007, United States. Notices to you may be sent to the email address you provided in a Submission or posted on the Site, and are deemed received when sent or posted.
18.8 Relationship; no third-party beneficiaries. Nothing in these Terms creates any partnership, joint venture, agency, employment, fiduciary or franchise relationship. Except for the Affiliates with respect to Sections 10, 11 and 12, there are no third-party beneficiaries of these Terms.
18.9 Language. These Terms are written in English. Any translation is provided for convenience only, and the English version controls.
18.10 Contact. Questions about these Terms may be submitted only through the Enquiry Form at https://likeakinginc.com/#enquiries. The Company does not publish a telephone number or email address for this purpose. Postal correspondence required by law may be directed to LIKE A KING INC., One World Trade Center, Suite 8500, New York, NY 10007, United States.
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