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Terms of Use

Last Updated: 1 December 2022

KEEPY™ is a registered trademark of Human Interaction, Inc. Human Interaction, Inc. (further referred to as “Human Interaction”, “Keepy™”, “we” or “us”) designs the Keepy™ identification tag that helps customers keep their valuable people, pets or things safe and recover if they are lost (“Product”), operates mykeepy.com (“Website”) and the Keepy™ Mobile Application (“App”) and engages with users through its social media accounts (“Social Media Pages”) – collectively referred to as “Services”.

By accessing and using the Services you agree (on behalf of yourself or the entity that you represent) to accept and comply with these Terms of Use (“Terms”) and our Privacy Policy, as well as all applicable laws and regulations. If you disagree with any part of these Terms, please do not access and/or use the Services. Any new features or tools which are added to the current Services shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page.

ARBITRATION PROVISION: THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE CERTAIN DISPUTES BETWEEN YOU AND KEEPY™ ON AN INDIVIDUAL BASIS BY BINDING, INDIVIDUAL ARBITRATION AND LIMITING CLASS ACTION CLAIMS.

GENERAL TERMS

  • By agreeing to these Terms you represent that you are at least 13 years old. Keepy™ does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to access or register for the Services.
  • You may not use our Services for any illegal or unauthorized purpose such as posting violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other such content.
  • To use some functionality of our Services, you will be required to register by providing certain information. We may ask you to complete a registration form and create a username and password ('Login Credentials'). During any such registration, you are required to give truthful contact information (such as name and email address) under these Terms. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account (including, without limitation, financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken.
  • You must not create accounts on or otherwise use the Services through unauthorized means, including but not limited to, using an automated device, script, bot, spider, crawler or scraper.
  • You agree that you are responsible for all data charges you incur through the use of the Services.
  • Your submission of personal information through the Services is governed by our Privacy Policy. Please reference our Privacy Policy for more information.
  • A breach or violation of any of the Terms will result in an immediate termination of your Services.
  • Keepy™ reserves the right to refuse service to anyone for any reason at any time.

USE LICENSE

  • Subject to these Terms, Keepy™ grants you permission to use and access the Services solely for your own personal, non-commercial use. This is the grant of a license, not a transfer of title, and under this license, you may not:
    • - modify or copy any information, messages, graphics, data, or other materials provided by Keepy™ through the Services ("Materials");
    • - use the Materials for any commercial purpose, or any public display (commercial or non-commercial);
    • - attempt to decompile or reverse engineer any software contained on Keepy™ Services;
    • - remove any copyright or other proprietary notations from the Materials;
    • - transfer the Materials to another person or "mirror" the Materials on any other server.
  • This license shall automatically terminate if you violate any of these restrictions and may be terminated by Keepy™ at any time. Upon terminating your viewing of the Materials or upon the termination of this license, you must destroy any downloaded Materials in your possession whether in electronic or printed format.

INTELLECTUAL PROPERTY

The Materials and code used in conjunction with the Services (excluding User Content), features and functionality of the Product are and will remain property of Human Interaction, Inc. and are protected by applicable copyright and trade mark law. You shall not sell, transfer, publish, disclose, display or otherwise make available our Services, including any modifications, enhancements, derivatives and other software and Materials provided hereunder by us or copies thereof to others in violation of these Terms.

DISCLAIMER

The Materials on Keepy™ Services are provided "as is". Keepy™ makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Keepy™ does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Materials on its Services or otherwise relating to such Materials or on any sites linked to this site.

LIABILITY LIMITATION

In no event shall Human Interaction, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the Materials related to Keepy™ Services, even if Keepy™ or a Keepy™ authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

INDEMNIFICATION

By using our Services you agree to indemnify and hold harmless Keepy™ and any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.

REVISIONS AND ERRATA

The Materials appearing on Keepy™ Services could include technical, typographical, or photographic errors. Keepy™ does not warrant that any of the Materials related to its Services are accurate, complete, or current. Keepy™ may make changes to the Materials contained in its Services at any time without notice. Keepy™ does not, however, make any commitment to update the Materials.

THIRD-PARTY WEBSITES AND OTHER USERS

Keepy™ has not reviewed all of the sites linked to its Services and is not responsible for the contents of any such linked website. The inclusion of any link does not imply endorsement by Keepy™ of the site. Use of any such linked website is at the user's own risk. Your interactions with other Services users are solely between you and such users. You agree that Keepy™ will not be responsible for any loss or damage incurred as the result of any such interactions.

TERMS OF USE MODIFICATIONS

Keepy™ may revise these Terms for its Services at any time without notice. By using these Services you are agreeing to be bound by the then-current version of these Terms of Use.

MISCELLANEOUS

These Terms, together with our Privacy Policy, constitute the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Keepy™ to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Keepy™ must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Santa Clara, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Except for claims for injunctive relief by either party, Any dispute or controversy arising out of, in relation to, or in connection with these Terms or your use of the Services shall be finally settled by binding arbitration in Santa Clara County, California under the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules.

ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SALES TRANSACTIONS BETWEEN YOU AND KEEPY™, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS AND CONDITIONS. YOU ALSO AGREE NOT TO BRING ANY LEGAL ACTION, BASED UPON ANY LEGAL THEORY INCLUDING CONTRACT, TORT, EQUITY OR OTHERWISE, AGAINST KEEPY™ THAT IS MORE THAN ONE YEAR AFTER THE DATE OF THE APPLICABLE ORDER.

CONTACT INFORMATION

If you have any questions or concerns about these Terms or the Services, please contact us at team@mykeepy.com