Terms of Use

These Terms of Use (“Terms”) are a binding agreement between you and Pixel Planet LLC d/b/a KosmiClix Marketing (“Click Rally,” “we,” “us,” or “our”), which operates the Click Rally mobile applications and website (together, the “Platform”). By creating an account, joining the waitlist, or otherwise accessing or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.

1. The Platform Is a Neutral Venue

Click Rally is a technology platform that helps businesses (“Clients”) discover and engage independent photo, video and drone professionals (“Creators”) for paid engagements (“Gigs”). Click Rally is only a venue. We are not a party to any agreement between a Client and a Creator, are not an employer, employment agency, talent agency, contractor, or joint venturer of any user, and do not hire, supervise, direct, or control any Creator or any Gig. We do not guarantee, and are not responsible for, the performance, conduct, qualifications, safety, timeliness, legality, or quality of any user or any Gig.

2. Independent Contractors

Creators are independent contractors. Nothing on the Platform creates an employment, agency, partnership, or joint-venture relationship between Click Rally and any user. Each user is solely responsible for its own taxes, licenses, certifications, permits, and legal compliance — including, without limitation, FAA Part 107 certification and airspace authorizations for any drone or unmanned-aircraft operation, property-access permissions, and any model or property releases.

3. Assumption of Risk; Release

Gigs take place in the physical world and involve inherent risks, including bodily injury, illness, death, and damage to or loss of property — to you, to other users, and to third parties. To the fullest extent permitted by law, you knowingly and voluntarily assume all such risks arising from or relating to any Gig, any interaction with another user (whether online or in person), and any use of equipment, vehicles, aircraft, or premises.

You release, waive, and discharge Click Rally and Pixel Planet LLC d/b/a KosmiClix Marketing, and our owners, members, officers, employees, contractors and agents (the “Released Parties”), from any and all claims, demands, liabilities, injuries, damages, and losses of every kind — including personal injury, wrongful death, and property damage — arising out of or relating to any Gig, any user’s acts or omissions, or your use of the Platform. This release does not apply to liability that cannot be waived under applicable law (including a Released Party’s own gross negligence or willful misconduct).

4. No Guarantee; Gigs May Not Proceed

We do not guarantee that any Gig will be posted, accepted, performed, completed, delivered, or paid, or that any user will meet your expectations. Users may cancel, decline, fail to appear, or fail to perform. Click Rally is not liablefor any Client’s or Creator’s cancellation, no-show, delay, non-performance, or for late, defective, or undelivered work, or for any dispute between users. If a Gig falls through or a dispute arises, it is a matter between the Client and the Creator, and your sole recourse is against the other user, not against Click Rally.

5. Your Responsibilities and Safety

You are solely responsible for: evaluating and vetting any user before engaging with them; performing all work safely and lawfully; carrying your own appropriate insurance (including general liability and, where applicable, drone/aviation coverage); and complying with all applicable laws and regulations, including those governing aviation, privacy, trespass, recording, licensing, employment, and taxes. Unless we expressly state otherwise in writing, Click Rally does not conduct background checks, verify credentials, or inspect equipment or premises.

6. Payments and Escrow

Where the Platform facilitates payments or holds funds in escrow, it does so through third-party payment processors. Click Rally is not a bank, money transmitter, fiduciary, or escrow agent, and is not liable for the acts, errors, or availability of any payment processor. Applicable fees, holds, refunds, and chargebacks are handled as described at the time of the transaction.

7. Disclaimer of Warranties

The Platform and all Gigs are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty that any user is trustworthy, qualified, safe, or will perform. We do not warrant that the Platform will be uninterrupted, secure, or error-free.

8. Limitation of Liability

To the fullest extent permitted by law, the Released Parties will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any personal injury, death, property damage, lost profits, or lost data, arising out of or relating to the Platform or any Gig, under any theory of liability, even if advised of the possibility. In all cases, the Released Parties’ total aggregate liability arising out of or relating to the Platform will not exceed the greater of (a) the total fees you paid to Click Rally in the twelve (12) months before the event giving rise to the claim, or (b) US $100. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: your use of the Platform; any Gig you post, accept, or perform; your content; your violation of these Terms or any law; or any injury to or death of any person, or damage to any property, connected with your acts or omissions.

10. Dispute Resolution and Governing Law

These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws rules. You agree that any dispute with Click Rally will be resolved exclusively in the state or federal courts located in Georgia, and you consent to their jurisdiction and venue. Any claim against Click Rally must be brought within one (1) year after it arises.

11. Changes to These Terms

We may update these Terms from time to time. Changes are effective when posted, and your continued use of the Platform after they are posted means you accept the updated Terms.

12. Severability

If any provision of these Terms is held unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

13. Contact

Questions about these Terms? Contact us at rebecca@kosmiclix.com.