Introduction
By registering as a user or accessing the website or other Keasbey Services, you agree to these Terms. If you do not agree to these Terms, then you must not use the content or the apps provided on this website. The Terms are between you (the "User") and the Keasbey Company LLC, Yardanski Put BB, 85310 Budva, Montenegro (referred to as "Keasbey Company").
In order to access and use Keasbey Services on this website users have to fulfil a variety of conditions:
- you need to be at least 13 years of age (or the equivalent minimum age in your home country),
- have parent or guardian consent if you are a minor in your home country,
- have the power to enter a binding contract with us and not be barred from doing so under any applicable laws,
- and reside in a country where the website is available.
You also agree that any registration information that you submit to Keasbey Company is true, accurate, and complete and you agree to update your information if your provided info changed. If you are a minor in your home country, your parent or guardian will need to enter into these Terms of Use on your behalf.
The Keasbey Services
Keasbey Company provides a variety of services (referred to as "Keasbey Services"), including content on the website as well as apps on the website or on third party pages and applications such as GitHub or mobile app stores. Certain services are free-of-charge, while other options might require a subscription payment or a fixed rate before they can be accessed and used (referred to as "Paid Subscriptions"). From time to time Keasbey Company may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties. Depending on your local laws some services or Paid Subscription plans might not be accessable in certain countries.
From time to time, Keasbey Company or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a "Trial"). By using a Keasbey Service via a Trial, you agree to additional Terms of Use for Premium Promotional Offers, if there are any.
Third-Party Applications, Devices and Open Source Software
Keasbey Services may be integrated with or can interact with third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, screens and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions and policies determined by the respective third party. Keasbey Company does not guarantee that Third-Party Applications and Devices will be compatible with the Keasbey Services.
Service Limitations and Modifications
We use reasonable care and skill to keep the Keasbey Services operational and to provide you with a personalized, immersive user experience. However, the availability of Keasbey Company's service offerings might be compromised from time to time and subject to applicable laws, without liability to you. This may be the case when:
- The Keasbey Service may experience temporary interruptions due to technical challenges, maintenance, testing, or updates, including those required to make the website more secure or to abide to changes in relevant laws and regulations.
- We aim to change and improve Keasbey Services constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all or part of the Keasbey Services (including particular features, functions, subscription plans and promotional offerings).
- Keasbey has no obligation to provide any specific content through our services and Keasbey may remove particular data that was uploaded by users.
Keasbey Company has no liability to you, nor any obligation to provide a refund to you, in relation to internet outages or other service failures that are caused by the actions of government authorities, other third parties or events that are beyond our control.
Use of the Keasbey Services
Creating a Keasbey Company account
For certain apps or services you may need to sign up and create a Keasbey Company account. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for the use of your username and password (including any unauthorized use). You are obliged to notify us via our contact form immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account. Keasbey Company may reclaim, or require you to change, your username for any reason. If this is the case, we change your login credentials and send new credentials via email to you. Please note, that we do not ask you to change your credentials via email.
Your rights to use our services
In return to your compliance with these Terms of Use (including any additional terms related to special offers), we grant to you limited, non-exclusive, revocable permission to make use of the Keasbey Services and the content provided on the website. What is not allowed is that you distribute our Services commercially to third parties. The access to this content and services shall remain in effect unless and until terminated by you or by Keasbey Company. You agree that you will not commercially redistribute or transfer the Keasbey Services to other subjects or third parties.
Since Keasbey Company provides applications for businesses, you have the right to use our Services for your commercial activities. Generic software applications and content provided by the Keasbey Company website are licensed, not sold or transferred to you, and Keasbey Company and its licensors retain ownership of all copies of the software applications and Content even after installation on your device. Software applications that are individually built for your business, you gain ownership over the software. However, Keasbey Company reserves the right to reuse code that was developed as part of your individual solutions.
The Keasbey Service and the content are the property of Keasbey Company or its licensors. All Keasbey Company trademarks, service marks, trade names, logos, domain names, and any other features of the Keasbey Company brand are the sole property of Keasbey Company or its licensors. These Terms do not grant you any rights to use any Keasbey Company brand features whether for commercial or non-commercial use.
You agree to abide by the Keasbey Company terms of use and not to use the Keasbey Company services and content, or any part thereof in any manner not expressly permitted by these Terms of Use.
Payments and cancellation
You may purchase a Paid Subscription directly from Keasbey Company or through a third party by paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase. Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.
If you purchase access to a Paid Subscription through a third party, separate terms and conditions with such third party may apply to your use of the Keasbey Services in addition to these Terms. If you purchase a Paid Subscription using a code, gift card, pre-paid offer, or other offer provided or sold by or on behalf of Keasbey Company for access to a Paid Subscription, you hereby agree to the Terms of Use of Keasbey.
From time to time Keasbey Company may change the price for Paid Subscription options, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or subscription plans and will communicate any price changes to you in advance on reasonable notice. Price changes will take effect at the start of the next subscription period, if not stated otherwise, following the date of the price change. Subject to applicable law, by continuing to use the Keasbey Services after the price change takes effect, you will have accepted the new price. If you do not agree to price modifications, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.
Since Keasbey Company is forced to pay taxes, subscription fees also includes tax rates, which are based on the rates applicable at the time of your monthly charge. These amounts can change over time depending on local tax requirements in your country, state, territory or even city. Any change in tax rates will be automatically applied based on the account information you provide.
With the exception of Paid Subscriptions for a Pre-Paid Period, your payment to Keasbey Company or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. In order to cancel your subscriptions you can contact us or you can unsubscribe from your subscription in your profile page. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Keasbey Service. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.
If you have purchased a Paid Subscription using a promotion code, your subscription will automatically terminate at the end of the period stated in the Code, or when there is an insufficient pre-paid balance to pay for the Keasbey Service.
Right to withdraw
If you sign up for a free Trial, you agree that the withdrawal right for the Paid Subscription for which you are receiving a Trial ends fourteen (14) days after you start the Trial. If you don't cancel the Paid Subscription before the Trial ends, you lose your right of withdrawal and authorise Keasbey Company to automatically charge you the agreed price each month until you cancel the Paid Subscription. For trials less than fourteen (14) days, you expressly consent to us providing you with the paid service immediately after the end of your Trial and that from that point you lose your right of withdrawal.
If you purchase a Paid Subscription without a trial period, you have fourteen (14) days after your purchase to withdraw for any reason and must pay us for the services provided up until the time you tell us that you have changed your mind. You expressly consent to us providing you with the service immediately following your purchase, that you lose your right of withdrawal, and authorise Keasbey Company to charge you automatically each month until you cancel.
User Guidelines
We've established guidelines for using the Keasbey Services in order to make sure that the user can enjoy the Keasbey Services and its user experience. In using the Keasbey Services, you must comply with the Keasbey Company User Guidelines, as well as all applicable laws, rules, and regulation, and respect the intellectual property, privacy, and other rights of third parties. The user guidelines are part of the apps provided on the website and include the descriptions of how to use the applications.
Brand Accounts
If you establish an account on behalf of a company, organization, entity, or brand (a "Brand," and a related account referred to as "Brand Account"), the terms "you" and "your," as used throughout these Terms (including other Keasbey Company terms and conditions incorporated by reference herein), apply to both you and the Brand.
If you create a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms (including any other applicable Keasbey terms and conditions) and to bind the Brand to these Terms.
Content and Intellectual Property Rights
User content
Keasbey Company users may post, upload, or otherwise contribute content to the Keasbey Company Services ("User Content"). For the avoidance of doubt, "User Content" includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the Keasbey Services (including to the Support Community) by users. You are solely responsible for all User Content that you post.
You promise that, with respect to any User Content you post on the Keasbey Company website, (1) you own or have the right to post such User Content; (2) such User Content, or its use by Keasbe Company pursuant to the license granted below, does not: (i) violate these Terms, applicable law, or the intellectual property or other rights of any third party; or (ii) such User Content does not imply any affiliation with or endorsement of you or your User Content by Keasbey Company, any user or other individual or entity without the prior express written consent from Keasbey Company or such individual or entity.
In posting or sharing User Content or other information on the Keasbey Services, please keep in mind that User Content and other information will not be publicly accessible by third parties, except the user and the database owner, which is Keasbey Company. Nevertheless Keasbey advices you to be cautious in posting or sharing on the Keasbey Company website and be mindful of your account settings. Keasbey is not responsible for what you or others post or share on the Keasbey Company website.
Keasbey may, but has no obligation to, monitor or review User Content. Keasbey reserves the right to remove or disable access to any User Content for any or no reason. Keasbey may take these actions without prior notification to you.
Rights and licenses you grant to Keasbey
When you post Content to Keasbey Services you retain ownership of your User Content. However, in order for us to make your User Content available on the Keasbey Company website, we do need a limited license from you to that User Content due to technical reasons. Accordingly, you hereby grant to Keasbey a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Keasbey Services.
Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
If you provide ideas, suggestions, or other feedback in connection with your use of the Keasbey Services or any Content ("Feedback"), such Feedback is not confidential and may be used by Keasbey Company without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.
You also grant to us the right (1) to allow the Keasbey Services to use the resources of your local machine or devices such as the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Keasbey Services, (2) to provide advertising and other information to you, and to allow our business partners to do the same, as permitted in accordance with the Keasbey Company Privacy Policy.
Keasbey Company respects the rights of intellectual property owners. If you believe that any Content infringes your copyright rights, please contact us.
Customer Support, Information, Questions, Complaints
If you have any questions concerning the Keasbey Service or these Terms please contact Keasbey via our contact form. If you reside in the European Union, you can also file a complaint at the online platform for alternative dispute resolution (ODR-platform). You can find the ODR-platform here https://ec.europa.eu/consumers/odr.
Problems and Disputes
Suspending and terminating the Keasbey Service
These Terms will continue to apply to you until terminated by either you or Keasbey. Keasbey may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Keasbey Service at any time if we believe you have breached any of these Terms, if we stop providing the Keasbey Service or any material component thereof on reasonable notice to you, or as we believe necessary to comply with applicable law.
If you or Keasbey Company suspends these Terms of Use, or if Keasbey Company terminates your access to the Keasbey Service, you agree that Keasbey Company shall, subject to applicable laws, have no liability or responsibility to you, and (except as expressly stated in these Terms of Use) Keasbey Company will not refund any amounts that you have already paid. You may terminate these Terms of Use at any time, in which case you may not continue accessing or using the Keasbey Service.
Warranty disclaimers
Keasbey Company will provide the Keasbey Services using reasonable care and skill and in accordance with any specification of the Keasbey Services provided by Keasbey Company, however, subject to that, the Keasbey Services are provided "as is" and "as available," without any warranties of any kind, whether express, implied, or statutory. Furthermore, Keasbey Company and all owners of the content disclaim any express, implied, and statutory warranties regarding the content, including warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither Keasbey Company nor any owner of content warrants that the Keasbey Services or content are free of malware or other harmful components.
In addition, Keasbey makes no representation regarding, nor does it warrant or assume any responsibility for, any third-party applications (or the content thereof), user content, devices or any product or service advertised, promoted or offered by a third party on or through the Keasbey Service or any hyperlinked website, and Keasbey is not responsible for any transactions between you and any third-party providers of the foregoing.
No advice or information whether oral or in writing obtained by you from Keasbey Services shall create any warranty on behalf of Keasbey Company. While using the Keasbey Services, you may have access to explicit content filtering features, but use of these features may still result in some explicit content being served and you should not rely on such features to filter all explicit content. This section applies to the fullest extent permitted by applicable law.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you and nothing will affect your statutory rights.
Limitation of Liability and Time for Filing a Claim
Subject to applicable law, you agree that your sole and exclusive remedy for any problems or dissatisfaction with the Keasbey Services is to uninstall any Keasbey Company software and to stop using the Keasbey Services. You agree that Keasbey Company has no obligation or liability arising from or related to third-party applications or the content thereof made available through or in connection with the Keasbey Services, and while your relationship with such third-party applications may be governed by separate agreements with such third parties, your sole and exclusive remedy, as with respect to Keasbey Company, for any problems or dissatisfaction with any third-party applications or the content thereof, is to uninstall or stop using such third-party applications.
In no event will Keasbey Keasbey, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for
- any indirect, special, incidental, punitive, exemplary, or consequential damages.
- any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use of or inability to use the Keasbey Services, devices, third-party applications, or third-party application content.
For clarification, these terms do not limit Keasbey Company's liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation and for any other liability that, by applicable law, may not be limited or excluded.
Except where such restriction is prohibited under applicable law, any claim arising under these terms must be commenced (by filing a demand for arbitration or filing an individual action under the arbitration agreement below) within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period.
Third Party Rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms of Use and have the right to enforce these Terms of Use directly against you. Other than as set out in this section, these Terms of Use are not intended to grant rights to anyone except you and Keasbey Company, and in no event shall these Terms create any third-party beneficiary rights.
If you have downloaded any of our mobile software applications (each, an "App") from the Apple Inc. ("Apple") App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and Keasbey Company only, not with Apple, and Apple is not responsible for the Keasbey Services and the content thereof.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Keasbey Services. In the event of any failure of the Keasbey Services to conform to any applicable warranty, you may notify Apple and Apple will refund the applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Keasbey Services.
Apple is not responsible for addressing any claims by you or any third party relating to the Keasbey Services or your possession or use of the Keasbey Company Services, including:
- product liability claims,
- any claim that the Keasbey Services fail to conform to any applicable legal or regulatory requirement,
- claims arising under consumer protection or similar legislation;
- claims with respect to intellectual property infringement.
Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Keasbey Services or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the Keasbey Services. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
Indemnification
You agree to indemnify and hold Keasbey Company harmless from and against any reasonably foreseeable direct losses, damages, and reasonable expenses (including reasonable attorney fees and costs) suffered or incurred by Keasbey Company arising out of or related to:
- your breach of any of these Terms (including any additional Keasbey Company terms and conditions incorporated herein),
- any User Content you post or otherwise contribute,
- any activity in which you engage on or through the Keasbey Services,
- your violation of any law or the rights of a third party.
Governing Law / Jurisdiction
Unless otherwise required by mandatory laws in your country of residence, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles.
- Republic of Montenegro
Data and Privacy Policy
Keasbey Company is committed to a strict privacy policy. Read our explicit Privacy Policy which governs our use of your personal data and explains how we secure data.
About these terms
Under applicable law, you may have certain rights that can't be limited by a contract. These terms are in no way intended to restrict those rights.
Changes
We may make changes to these Terms (including any additional Keasbey Company terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means (before they take effect), including by posting a revised Agreement on the applicable Keasbey Services (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message, or other means).
Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms, or other Keasbey Company terms and conditions, incorporating such changes, or otherwise notified you of such changes. Your use of the Keasbey Company Services following any changes to these Terms of Use will constitute your acceptance of such changes. If you do not wish to continue using the Keasbey Services under the updated Terms of Use, you may terminate your account. The effective date set forth at the top of this document indicates when these Terms of Use were last changed.
Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and Keasbey Company, these Terms of Use constitute all the terms and conditions agreed upon between you and Keasbey Company and supersede any prior agreements in relation to the subject matter of these Terms of Use, whether written or oral. As noted above, other terms and conditions governing use of the Keasbey Services are incorporated herein by reference, including the following terms and conditions: the Keasbey Company Premium Promotional Offer Terms or the User Guidelines that are part of the apps.
Severability and Waiver
Unless as otherwise stated in these Terms of Use, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms of Use will not be affected, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Keasbey Company or any third-party beneficiary to enforce these Terms of Use or any provision thereof shall not waive Keasbey Company's or the applicable third-party beneficiary's right to do so.
Assignment
Keasbey Company may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms of Use. You may not assign these Terms of Use, in whole or in part, nor transfer or sub-license your rights under these Terms of Use to any third party.