These terms and conditions (“User Terms”) apply to an individual (“you”), using the Keyleed Services (more fully described in Section 2 hereunder), provided by Keyleed (“we” or “us” or “our”) within the state of Texas, whether through our mobile applications or websites (each an “Application”). You acknowledge and agree that we are a technology services provider that does not provide communication or interaction services. PLEASE READ THESE USER TERMS CAREFULLY BEFORE ACCESSING OR USING THE KEYLEED SERVICES.
Your access and use of the KEYLEED Services constitutes your agreement to be bound by these User Terms, which establishes a contractual relationship between you and us. If you do not agree to these User Terms, you may not access or use the keyleed Services. These User Terms expressly supersede prior agreements or arrangements with you. We may immediately terminate these User Terms or any services with respect to you, or generally cease offering or deny access to the Keyleed Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to your use of the Keyleed Services, such as use policies or terms related to certain features and functionality, which may be modified from time to time (“Supplemental Terms”). You may be presented with certain Supplemental Terms from time to time. Supplemental Terms are in addition to, and shall be deemed a part of, these User Terms. Supplemental Terms shall prevail over these in the event of a conflict.
Our collection and use of your personal information in connection with the keyleedServices shall be governed by our Privacy Policy located at http://www.keyleed.com/legal/privacy
1. ELIGIBILITY AND CONDUCT
a. You will be “Eligible” to use the Keyleed Services only when you fulfil all of the following conditions:
I. You have attained at least 18 (eighteen) years of age; and
II. You are competent to enter into a contract under applicable city, state and federal laws.
If you reside in a jurisdiction that restricts the use of the service because of age, or restricts the ability to enter into contracts such as these User Terms due to age, you must abide by such age limits.
b. You may not assign or otherwise transfer your User Account (defined below) to any other person or entity. You agree to comply with all applicable laws when using the Keyleed Services and you may only use the Keyleed Services for lawful purposes. You will not, in your use of the keyleed Services cause nuisance, annoyance, inconvenience, or property damage, whether to the finder (defined below), owner, or any other party. In certain instances you may be asked to provide proof of identity to use the Keyleed Services and you agree that you may be denied access to or use of the Keyleed Services if you refuse to provide proof of identity.
2. KEYLEED SERVICES
The keyleed Services constitute an Application and a website that enables you (through the Application and/or website) to arrange the return of your lost keys with people who find your lost keys, including independent third party finders under agreement with us ("Finder Providers"). Unless otherwise agreed by us in a separate written agreement with you, the Keyleed Services are made available solely for your personal, non-commercial use.
3. USER ACCOUNT
In order to use the Keyleed Services, you must register for and maintain an active user account ("User Account") on our Application. The User Account registration requires you to submit with us certain personal information, such as your name, address, mobile phone number and age. You agree to maintain accurate, complete, and up-to-date information in your User Account. Your failure to maintain accurate, complete, and up-to-date User Account information, may result in your inability to access and use the keyleed Services or our termination of these User Terms with you. You are responsible for all activity that occurs under your User Account, and you agree to maintain the security and secrecy of your User Account including your username and password at all times. Unless otherwise permitted by us in writing, you may only possess one User Account.
4. PROCEDURE
a. Keyleed is a technology services provider that facilitates communication between a finder of lost keys (hereinafter referred to as “finder”) and the owner of the lost keys (hereinafter referred to as “owner”). In order to avail the keyleed Services, finder and owner must register an account through the Application developed or provided by us. To use the communication services provided by us to obtain help in finding lost keys, owner must obtain a key tag with a unique ID # authorized by us, and place such key tag on his/her keys. This communication services only works if the aforementioned key tag is placed on owner’s keys before the key is lost. Therefore, this is a preventative measure and this communication technology is useless if the authorized key tag is not placed on owner’s keys before his/her keys are lost. In the event that owner’s keys, with the authorized key tag attached to it, is lost, it may be returned to him/her if it is found by a finder willing to return it to the owner. Using the Keyleed services, the finder will be able to contact owner; however, the actual return of owner’s keys depends on the volition of the finder. We are not responsible for any decision that the finder makes with respect to owner’s lost keys. We are only a technology company that makes it possible for finders to contact owners. Once the owner’s keys are found by a finder, they will be presented with the option of contacting the owner either by calling the owner at the number that they have provided or by sending a Text Message to the owner. Once a finder decides to return the owner’s keys, they will be provided with owner’s name, gender, and contact information. Simultaneously, the owner of the lost key, will be able to contact the finder. The contact information and name of the finder will be displayed under the alerts tab of the owner’s user account. The contact information of the owner must only be used by the finder to contact the owner and coordinate the return of the owner’s keys. Similarly, the contact information of the finder may only be used by the owner of the lost keys to facilitate the return of the owner’s keys. Any other use is in violation of the user agreement and may result in the termination of user’s account.
A user with a valid user account does not need to have a key tag on their keys to act as a finder. As long as a user has a valid user account, he/she can contact the owner by logging into their user accounts, selecting “FOUND KEYS”, entering the ID # on the back of the found key tag, and contacting the owner for the sole purpose of reuniting them with their lost keys.
The method of returning or retrieving the lost keys is up to the owner and finder. They must come to an agreement between themselves as to how the keys will be returned to the owner. Keyleed services is only a technology that enables this communication. We are not responsible for the communication between owner and finder. The recommendations for returning or retrieving lost keys is merely a suggestion. We are not responsible for the return or the retrieval of the lost keys. The manner in which the keys will be returned or retrieved is up to the finder and owner.
b. When lost keys are found, the name of the finder and owner will be displayed in the alerts tab of their user accounts. It is up to the owner and finder to check the alerts tab of their accounts to be fully apprised of all alerts.
c. By creating a User Account, you agree that the Keyleed Services may send you informational text messages as part of the normal business operation of your use of the Keyleed Services to your mobile number registered with us in the User Account. You may opt-out of receiving text messages from us at any time by deleting the Application from the mobile device receiving the messages. You acknowledge that opting out of receiving text messages may impact your use of the Keyleed Services.
d. You agree that the Keyleed services and key tags: (i) must be used for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability on us; (iv) may only be used pursuant to the specific terms that we create for such Promo Codes; (v) are not valid for cash; and (vi) may expire prior.
5. USER CONTENT
a. We may, in our sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to us through the Keyleed Services textual, audio, and/or visual content and information, including feedback related to the Keyleed Services, initiation of support requests, and submission of your relevant details for promotions purposes ("Content"). Any Content provided by you remains your property. However, by providing the Content to us, you grant us with a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Content in all formats and distribution channels now known or hereafter devised (including in connection with the Keyleed Services and our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you.
b. You agree not to provide Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove the Content at any time, at our sole discretion and for any reason, without notice to you.
6. THIRD PARTY SERVICES AND CONTENT
The Keyleed Services may be made available or accessed in connection with third party services and content (including advertising) that we do not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. We do not endorse such third party services and content and in no event we shall be responsible or liable for any products or services of such third party providers.
7. NETWORK AND DEVICE
You are responsible for acquiring a compatible hardware or devices necessary to access and use the Keyleed Services and Applications and any updates thereto. You will be subjected to mobile network's data and messaging rates and fees that may apply if you access or use the Keyleed Services from a wireless-enabled device. We do not guarantee that the Keyleed Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Keyleed Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
8. PAYMENTS
a. The services provided by Keyleed Services are free. This may change in the future without any notice to the user. Upon our sole discretion, the key tag with the authorized ID # (mentioned in the procedures paragraph) may be provided to users for free without a charge. Also, upon our sole discretion, the users may have to pay a reasonable fee to acquire a key tag. The determination as to whether a user will have to pay for a key tag or not is solely at our discretion. Upon our discretion, users who have requested a key tag to be mailed to them, may either be charged a fee for receiving a key tag or may receive a key tag for free. The decision as to whether a user will receive a key tag in the mail for a fee or for no fee is solely up to our discretion.
b. An owner of a lost key may wish to provide a gratuity or a reward to the finder. The rendering of such a reward is up to the discretion of the owner. The rendering of a reward is not compulsory. It is completely voluntary. We are not responsible for any agreements or expectations by either the owner or the finder.
9. Intellectual Property Rights
a. The Keyleed Services and Application, including all Intellectual Property Rights (defined below) herein are and shall remain our property or our respective licensors. Subject to your compliance with these User Terms, you are granted with a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Keyleed Services; and (ii) access and use any content, information and related materials that may be made available through the Keyleed Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by us and our licensors.
b. Unless specifically permitted elsewhere in these User Terms, you are not permitted to use or make any references to us, or our respective licensors’ company names, logos, products and service names, trademarks, service marks, trade dress, copyrights or other indication of ownership, alone and in combination with other letters, punctuation, words, symbols and/or designs (the "Intellectual Property Rights") for any commercial purposes. You agree that you will not try to register or otherwise use and/or claim ownership in any of the Intellectual Property Rights, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark, name or title, for any goods and services.
c. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Application; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Application except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Application except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Application; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Application or unduly burdening or hindering the operation and/or functionality of any aspect of the Application; or (vi) attempt to gain unauthorized access to or impair any aspect of the Application or its related systems or networks.
10. Representations and Warranties; Disclaimer
a. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above; (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; (iii) you will not impersonate any person or entity; (iv) you will not stalk, threaten, or otherwise harass any person, or carry any weapons during your utilization of the Keyleed Services; (v) you will not violate any law, statute, ordinance or regulation; (v) you will not interfere with or disrupt the Keyleed Services or the Application or the servers or networks connected to the Application; (vi) you will not post information or interact on the Application in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libellous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal; (vii) you will not link the Application directly or indirectly to any other web sites; (viii) you will not transfer or sell your User Account, password and/or identification to any other party; (ix) you will not cause any third party to engage in the restricted activities above; (x) you will always act with socially acceptable demeanour when interacting with the Keyleed Providers and not be abusive, obnoxious or offensive; (xi) you will treat the property of the Keyleed Provider and the with care and not cause any intentional damage.
b. We provide and you accept that the Keyleed Services and the Application are provided on an "as is" and "as available" basis. We disclaim all representations and warranties, express, implied, or statutory, not expressly set out in these User Terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, we make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Keyleed Services or any services requested through the use of the Keyleed Services, or that the Application will be uninterrupted or error-free. You agree that the entire risk arising out of your use of the Keyleed Services and/ or the Application and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law. You agree that we do not hold any responsibility or liability to you other than as expressly set forth in these User terms.
11. Indemnity
You agree to indemnify and hold us and our officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) services or goods obtained through your use of the Keyleed Services and/ or the Application; (ii) your breach or violation of any of these User Terms; (iii) our usage of your Content; or (iv) your violation of the rights of any third party, including Keyleed Providers. Indemnification obligation will survive these User Terms and your use of the Keyleed Service and the Application.
12. Limitation of Liability
a. We shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the Keyleed Services and/ or the Application, even if we were advised of the possibility of such damages. We shall not be liable for any damages, liability or losses arising out of: (i) your usage and/ or reliance of the Keyleed Services and/or the Application or your inability to access or use the Keyleed Services and/or the Application; or (ii) any transaction or relationship between you and any Keyleed Provider, even if we were advised of the possibility of such damages. We shall not be held liable for any delay or failure in performance resulting from causes beyond our reasonable control. You acknowledge that Keyleed Providers providing the Keyleed Services requested through some request brands may offer peer-to-peer interaction services and may not be professionally licensed or permitted.
b. In no event shall our total liability to you in connection with the Keyleed Services and/ or the Application for all damages, losses and causes of action arising out of or under these User Terms exceed the Fees actually paid to, or due to, us for the particular Keyleed Service giving rise to such claim.
c. The limitations and disclaimer under these User Terms do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
13. General
a. Amendments. We reserve the right to modify these User Terms at any time upon posting the amended terms on http://www.keyleed.com/userterms. If we make changes, the same shall be notified to you by, at a minimum, revising the “Last Updated” date at the top of these User Terms. You are responsible for regularly reviewing these User Terms. Continued use of the Keyleed Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use the Keyleed Services.
b. Severability. If any provision of these User Terms is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of these User Terms.
c. Assignment.Neither party shall assign or transfer these User Terms or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of the other party; provided that we may assign or transfer these User Terms or any or all of its rights or obligations under these User Terms from time to time without consent: (a) to an affiliate; or (b) to an acquirer of all or substantially all of our business, equity or assets.
d. Entire Agreement. These User Terms including all Supplemental Terms and the Privacy Policy constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these User Terms, the words “including” and “include” mean “including, but not limited to.” The recitals form a part of these User Terms.
e. No Third Party Beneficiaries. Nothing contained in this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims.
f. Notices. We may give notice by means of a general notice on the Keyleed Services, electronic mail to your email address in your User Account. Such notice shall be deemed to have been given upon the expiration of 12 hours after sending (if sent by email).
g. Waiver. Our failure to enforce any right or provision in these User Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing
h. Dispute. If Fees, Repair or Cleaning, Cancelation or other matters ever become the subject of dispute. We and you agree to follow the following dispute resolution process regarding any such dispute: (i) you shall provide us with notice of any such dispute at disputes@keyleed.com (with reasons and evidence), and (ii) our customer service representative will review your claim and make a good faith effort to resolve the dispute.
i. Governing Law. It is understood and agreed that the construction and interpretation of these User Terms shall at all times and in all respects be governed by the laws of State of Texas without regard to its rules of conflicts of laws. By accepting these User Terms, you agree to submit to the exclusive jurisdiction and venue of Federal and State courts located in Austin, Texas.
j. Survival. Each provision of this Agreement that would by its nature or terms survive any termination of these User Terms shall survive any termination of this Agreement, regardless of the cause.