1. Scope and Acceptance

These Website Terms of Use (“Terms”) govern access to and use of the public websites operated by Kikoda, LLC under the Kikoda brand at kikoda.com, the Loch Analytics brand at lochanalytics.com, and the Oak Creative brand at oakcreative.studio (collectively, the “Sites”).

In these Terms, “Kikoda,” “we,” “our,” and “us” mean Kikoda, LLC. By accessing or using the Sites, you agree to these Terms. If you do not agree, do not use the Sites.

2. Age and Authority

The Sites are intended only for people age 18 or older. By using the Sites, you represent that you are at least 18. If you use the Sites on behalf of an organization, you also represent that you have authority to act for that organization in connection with your use of the Sites.

3. Informational Websites Only

The Sites provide general information about Kikoda and its brands, capabilities, work, perspectives, employment opportunities, and ways to contact us. Site content is not a proposal, commitment, warranty, or professional advice. A submission through the Sites does not create a client, employment, confidential, fiduciary, or other special relationship.

Services, software, hosted applications, customer portals, statements of work, subscriptions, and other client engagements are governed by the contracts or terms that specifically apply to them, not by these Terms.

4. Permitted Use

You may view and use the Sites for lawful informational and business purposes. You may not:

Violate any applicable law or the rights of another person;
Attempt to gain unauthorized access to a Site, account, system, or network;
Interfere with security, availability, operation, or other users;
Introduce malicious code, scrape or harvest personal information, or use automated means that impose an unreasonable load;
Misrepresent your identity, affiliation, or authority;
Use Site content to build a competing dataset, service, or offering; or
Copy, modify, distribute, frame, or commercially exploit Site content except as expressly permitted in writing or by law.

5. Intellectual Property

The Sites and their content, including text, designs, graphics, logos, photographs, video, software, and compilations, are owned by Kikoda or its licensors and are protected by intellectual-property laws. Kikoda, Loch Analytics, Oak Creative, and associated names and marks may not be used in a way that suggests sponsorship, affiliation, or endorsement without written permission. Except for the limited right to access the Sites under these Terms, no license or ownership right is granted.

6. Information and Materials You Submit

You retain ownership of material you submit. You grant Kikoda a nonexclusive, worldwide, royalty-free right to receive, host, copy, transmit, and use that material as reasonably necessary to respond to your request, evaluate a potential relationship or application, administer a promotion, protect the Sites, and comply with law. You represent that you have the rights and permissions needed to submit the material and that it does not violate law or another person’s rights.

Do not submit confidential, proprietary, export-controlled, or sensitive information through a general Site form unless we have asked for it through an appropriate channel. Information you submit is handled as described in our Website Privacy Policy, but a submission does not create a duty of confidentiality beyond duties imposed by applicable law or a separate written agreement.

7. Employment Information

Job descriptions and recruiting information may be changed or withdrawn at any time. An application, interview, or other recruiting communication is not an offer or guarantee of employment. Any offer must be made in an authorized written document and may be subject to stated conditions.

8. Contests and Promotions

A contest, giveaway, or promotion may be governed by separate official rules, eligibility requirements, and disclosures. By entering, you agree to those specific rules. If the official rules conflict with these Terms on a matter concerning the promotion, the official rules control for that matter.

9. Social Media Accounts

Kikoda and its brands may maintain profiles or pages on LinkedIn, Facebook, Instagram, YouTube, and other third-party platforms. Your use of those platforms is governed by the platform provider’s terms and privacy practices. Content posted by Kikoda remains subject to our intellectual-property rights. Posts, comments, or other content submitted by third parties do not represent Kikoda and are not endorsed by us. Do not submit confidential, proprietary, or sensitive information through public posts or social-media messages. We may moderate or remove content where a platform permits, but we have no duty to monitor third-party content.

10. Third-Party Links and Services

The Sites may link to or display content, tools, or services provided by third parties. Kikoda does not control and is not responsible for third-party content, availability, security, terms, or privacy practices. A link or integration does not imply endorsement. Your use of a third-party service is at your own risk and subject to that party’s terms.

11. Accuracy and Availability

We may change, remove, suspend, or discontinue any part of the Sites without notice. We try to keep information useful and current, but Site content may contain errors or become outdated. You are responsible for verifying information before relying on it.

12. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITES AND ALL SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” KIKODA DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, KIKODA AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO THE SITES, EVEN IF ADVISED OF THE POSSIBILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THEIR TOTAL LIABILITY ARISING FROM OR RELATED TO THE SITES WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID KIKODA, IF ANY, SPECIFICALLY FOR ACCESS TO THE SITES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED.

14. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless Kikoda and its members, managers, employees, contractors, and agents from third-party claims, damages, liabilities, costs, and reasonable attorneys’ fees arising from your unlawful misuse of the Sites, your violation of these Terms, or material you submit in violation of another person’s rights. Kikoda may control the defense of a covered claim, and you agree to cooperate reasonably.

15. Privacy and Cookies

Our Website Privacy Policy and Cookie Notice explain how we handle personal information and optional website technologies. They are incorporated by reference for purposes of describing those practices, but they do not create contractual rights beyond those provided by applicable law.

16. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Any dispute arising from or relating to the Sites or these Terms must be brought exclusively in the state courts located in Leon County, Florida, or the federal court with jurisdiction over Leon County, and each party consents to personal jurisdiction and venue there. This section does not prevent either party from seeking appropriate injunctive relief in another jurisdiction when necessary to protect intellectual-property or security interests.

17. Changes to These Terms

We may update these Terms from time to time. The updated Terms will be posted on the Sites with a revised effective date. Changes apply prospectively when posted unless a later date is stated. Your continued use after the effective date constitutes acceptance of the updated Terms; this sentence does not serve as consent to optional cookies or tracking technologies.

18. General

If a provision is held unenforceable, it will be modified only to the minimum extent necessary and the remaining provisions will remain effective. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a reorganization, transaction, or operation of the Sites. These Terms are the entire agreement regarding use of the public Sites, subject to any promotion rules or separate written agreement that expressly governs a particular matter.

19. Contact Us

Questions about these Terms may be directed to:

Kikoda, LLC
PO Box 12123
Tallahassee, Florida 32317
info@kikoda.com