Welcome to Keasy, Inc.! By accessing or using our website, you agree to comply with and be bound by the following terms and conditions. Please read them carefully. If you do not agree with these terms, you should not access or use our website.
1. Acceptance of Terms
1.1 Agreement to Terms
By accessing, using, or registering for an account with Keasy, Inc. (“Provider,” “We,” “Us”, or “Company”), you (“Customer,” “You,” or “Your”) agree to comply with and be bound by these Terms of Service (“Agreement”). This Agreement constitutes a legal contract between you and Keasy, Inc. governing your access to and use of our website, services, and any associated software (collectively referred to as the “Service”).
1.2 Changes to the Terms
Keasy, Inc. reserves the right to modify, update, or revise these Terms of Service at any time, with or without notice to you. Any such modifications will be effective immediately upon posting to this website or notification to you through email, your account dashboard, or otherwise. Your continued use of the Service after any such changes constitutes your acceptance of the updated Terms. You are responsible for reviewing these Terms periodically to stay informed of any changes.
1.3 Eligibility
You represent and warrant that you are at least 18 years old and capable of entering into a legally binding agreement. By accessing or using the Service, you confirm that you meet these eligibility requirements. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind the organization to these Terms. When you create an account with us, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
1.4 Agreement Acceptance
By clicking “I Agree,” creating an account, or accessing any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these terms, you must immediately discontinue use of the Service.
1.5 User Conduct
You agree to use the Service solely for lawful purposes and in compliance with all applicable local, state, national, and international laws and regulations. You may not use the Service to engage in any conduct that violates the intellectual property rights of others, promotes unlawful activity, or interferes with the functioning or security of the Service.
1.6 User Account
To access certain features, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
2. Intellectual Property
2.1 Ownership
All content, materials, software, and intellectual property associated with the Website, including but not limited to text, graphics, logos, images, designs, trademarks, trade names, and software code (collectively, the “Content”), are the exclusive property of Keasy, Inc. or its content suppliers and are protected by intellectual property laws. Keasy, Inc. reserves all rights to the Content, unless explicitly stated otherwise. Unauthorized use may result in legal penalties.
2.2 License Grant
Subject to your compliance with this Agreement, Keasy, Inc. grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for personal, non-commercial purposes. This license is provided for the duration of your use of the Service and is strictly limited to viewing, reading, or otherwise interacting with the Content in accordance with these Terms.
2.3 Restrictions on Use
You may not:
a. Reproduce, modify, adapt, distribute, or create derivative works from the Content without prior written consent of Keasy, Inc.
b. Use any Content for commercial purposes without explicit authorization.
c. Distribute, publicly display, or transmit the Content in any manner that violates intellectual property rights.
d. Reverse engineer, decompile, disassemble, or attempt to derive the source code of any software provided as part of the Website, unless permitted by law or separate written agreement.
e. Remove, alter, or obscure any copyright, trademark, or proprietary notices embedded in the Content.
2.4 Trademarks
All trademarks, service marks, and trade names used or displayed on the Website—including the name “Keasy, Inc.” and associated logos—are the exclusive property of Keasy, Inc. or third parties and are protected under applicable trademark laws. You may not use any of these marks without express written consent.
2.5 Third-Party Content
Some content on the Website may be provided by third parties. Such content is owned by the respective third parties and is subject to their terms of use. You agree to comply with any such third-party terms and restrictions.
2.6 Feedback and Suggestions
If you provide any feedback, suggestions, or ideas (“Feedback”) to Keasy, Inc., you acknowledge that Keasy, Inc. will own all right, title, and interest in such Feedback and may use it without any obligation to you.
2.7 Enforcement of Rights
Keasy, Inc. actively enforces its intellectual property rights and may take legal action against any infringement, including seeking injunctive relief, damages, and attorney’s fees. If you believe your content has been infringed upon, please contact us immediately.
3. Privacy
3.1 Incorporation of Privacy Policy
Your use of the Website and the Service is also governed by our Privacy Policy, which is incorporated herein by reference. By accessing or using the Website, you acknowledge that you have read, understood, and agreed to the Privacy Policy.
3.2 Data Collection
As part of using the Website and the Service, Keasy, Inc. may collect personal and business information. The details of such data collection and usage are outlined in our Privacy Policy. You agree to provide accurate and complete information and to update it as necessary.
3.3 Cookies and Tracking Technologies
We may use cookies, web beacons, and other tracking technologies to collect data about your usage of the Website. These help us personalize your experience, improve the Service, and analyze usage patterns. By using the Website, you consent to these practices as described in our Privacy Policy.
3.4 Data Sharing and Third Parties
Keasy, Inc. may share your information with third-party service providers, business partners, or as required by law. We ensure that these third parties adhere to privacy and security standards. Your information is shared subject to the limitations set forth in our Privacy Policy.
3.5 Data Security
We take commercially reasonable steps to protect your data from unauthorized access, use, or disclosure. However, no method of transmission or electronic storage is entirely secure. By using the Service, you accept the inherent risks associated with online data transmission and storage.
3.6 User Rights and Choices
Depending on your location, you may have certain rights regarding the personal data we collect, including rights to access, correct, delete, or restrict the processing of your information. Please refer to our Privacy Policy for more details on how to exercise these rights.
3.7 Children’s Privacy
The Website and Service are not intended for individuals under the age of 13. We do not knowingly collect personal information from children under 13. If you believe we have inadvertently collected such information, please contact us immediately.
3.8 Changes to Privacy Practices
Keasy, Inc. reserves the right to update its Privacy Policy at any time. Any changes will be posted on the Website and will be effective immediately upon posting. We encourage you to review the Privacy Policy periodically.
4. Disclaimers
The Website is provided “as is” and “as available” without warranties of any kind, either express or implied. Neither the Company nor any of its providers makes any representation or warranty regarding the operation, availability, accuracy, reliability, or security of the Service or its content.
5. Limitation of Liability
In no event shall the service provider be liable for any loss of use, revenue, profit, data, or diminution in value, or for any consequential, incidental, indirect, exemplary, special, or punitive damages arising out of breach of contract, tort (including negligence), or otherwise, regardless of foreseeability or prior notice of such damages. Furthermore, the aggregate liability shall not exceed [[two /[other number]] times] the aggregate amounts paid or payable pursuant to this agreement.
6. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “indemnified parties”) from any breach of these terms by you, including unauthorized use of content. You further agree to indemnify any resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees incurred by the indemnified parties, as well as any claims brought by third parties arising from your use of the Website.
7. Governing Law
7.1 Governing Law
All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Delaware, United States, without regard to any conflict of law provisions. This means that regardless of your location, Delaware law will govern any disputes between you and Keasy, Inc.
7.2 Jurisdiction and Venue
You agree that any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in San Jose, California. You irrevocably consent to the jurisdiction and venue of such courts and waive any objections based on convenience or forum non conveniens.
8. Dispute Resolution
8.1 Exclusive Dispute Resolution Mechanism
The parties shall resolve any dispute, controversy, or claim arising out of or relating to this Agreement (“Dispute”) under the provisions of Sections 8 through 8.5. These procedures are the exclusive mechanism for resolving any Dispute and are a condition precedent to litigation or binding arbitration.
For clarification, the party sending the Dispute Notice and the Escalation to Executive Notice shall comply with this Agreement’s notice provisions. If the Executives cannot resolve the Dispute within 30 Business Days after the Escalation to Executive Notice (the “Escalation to Mediation Date”), either party may initiate mediation under Section 8.3.
8.3 Mediation
8.3.1 Subject to Section 8.2, the parties may, at any time after the Escalation to Mediation Date, submit the Dispute to a mutually agreed mediation service by providing a joint written request detailing the dispute and the relief requested. The parties will cooperate in selecting a mediation service, a neutral mediator, and scheduling the proceedings, sharing the mediator’s fees and expenses equally.
8.3.2 All offers, promises, conduct, and statements made in the mediation process, whether oral or written, by any party, its representatives, or the mediator, are confidential and inadmissible in any subsequent proceedings.
8.4 Arbitration
If the Dispute remains unresolved for any reason, including the failure to enter mediation or agree on a settlement, within 30 Business Days after the Escalation to Mediation Date, either party may commence binding arbitration pursuant to [CHOICE OF FORUM PROVISION/ARBITRATION PROVISION].
8.5 Attorneys’ Fees and Costs
In any legal action or arbitration arising from this Agreement, the prevailing party shall recover its reasonable attorneys’ fees, costs, and expenses in addition to any other relief granted.
9. No Class Actions
You agree that any dispute resolution proceedings will be conducted on an individual basis only and not as a class, consolidated, or representative action. You waive your right to participate in a class action lawsuit or class-wide arbitration.
10. Severability
If any term or provision of this Agreement is found to be invalid, illegal, or unenforceable in any jurisdiction, that term shall be severed and shall not affect the validity and enforceability of the remaining provisions. The parties agree to negotiate in good faith to modify the invalid term to reflect the original intent as closely as possible.
11. Contact Information
If you have any questions about these Terms of Service, please contact us at support@osg.tdd.mybluehost.me.