Terms & Conditions

PLEASE READ THESE TERMS CAREFULLY - THEY AFFECT YOUR LEGAL RIGHTS.
These Terms of Use (“Terms”), together with Keak’s Privacy Notice, govern your access to and use of Keak’s websites. “Websites” means keak.com, its sub-domains, and any other Keak-operated site that links to these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR WEBSITES.

1. ELIGIBILITY

By using our Websites you represent and warrant that (i) you are at least 18 years old; (ii) you have not been suspended or removed from the Websites before; and (iii) your use complies with all applicable laws and regulations.

2. USER CONTENT

If you submit, post, or publish any content, suggestions, feedback, data, or comments (“Content”) on the Websites, you grant Keak Inc. (“Keak,” “we,” “us”) a perpetual, irrevocable, worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use, display, reproduce, distribute, and create derivative works from that Content. You retain ownership of your Content, but Keak owes you no compensation for using it. You warrant that your Content (a) does not infringe any third-party rights and (b) is not defamatory or unlawful.

3. TERMINATION; SITE CHANGES

Keak may suspend or terminate your access to the Websites—or change, suspend, or discontinue any part of them - at any time, for any reason, without notice or liability.

4. THIRD-PARTY LINKS

Links to third-party sites are provided for convenience only. Your use of such sites is governed solely by their terms and privacy policies. Keak does not endorse and is not responsible for any third-party content, products, or services.

5. DOWNLOADED FILES

We cannot guarantee that files available for download from our Websites are free of viruses or other harmful code.

6. OWNERSHIP & PROPRIETARY RIGHTS

All text, graphics, code, and other materials on the Websites (“Materials”) are owned by Keak or its licensors and are protected by intellectual-property laws. Except as expressly allowed by Keak, you may not use the Materials. All rights not expressly granted are reserved.

7. PROHIBITED USES

You agree not to:

  1. Use the Websites for any unlawful purpose;

  2. Damage, disable, overburden, or impair any Keak server, API, or network;

  3. Transmit viruses, worms, Trojan horses, or other harmful code;

  4. Exceed or circumvent API rate limits or other technical restrictions;

  5. Gain or attempt to gain unauthorised access to any Keak systems or data;

  6. Scrape, crawl, “spider,” or harvest content except as explicitly permitted;

  7. Violate any applicable export-control or other laws.

8. INDEMNITY

You will defend, indemnify, and hold harmless Keak and its officers, directors, employees, affiliates, and agents (“Keak Entities”) from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to (a) your use of the Websites, (b) your breach of these Terms, or (c) your violation of any third-party rights. Keak may assume exclusive defence and control of any matter subject to indemnification, in which case you must cooperate with Keak.

9. DISCLAIMERS

THE WEBSITES AND ALL RELATED CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” KEAK ENTITIES MAKE NO WARRANTIES—EXPRESS, IMPLIED, OR STATUTORY—INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. KEAK DOES NOT WARRANT THAT THE WEBSITES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEAK ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTly, OR FOR ANY OTHER LIABILITY ARISING OUT OF YOUR USE OF (OR INABILITY TO USE) THE WEBSITES, EVEN IF KEAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF KEAK IS FOUND LIABLE DESPITE THE ABOVE, KEAK’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS WILL NOT EXCEED USD $100 (OR THE EQUIVALENT IN YOUR LOCAL CURRENCY).

11. GOVERNING LAW & VENUE

These Terms are governed by the laws of Delaware, excluding its conflict-of-laws rules. You and Keak agree to submit to the exclusive jurisdiction of the courts located in Delaware to resolve any dispute arising out of these Terms or the Websites.

12. CHANGES TO TERMS

Keak may modify these Terms at any time. Updated versions will be posted on the Websites and are effective immediately unless otherwise stated. Your continued use after changes come into effect constitutes acceptance of the revised Terms.

13. GENERAL

These Terms, plus any additional limits or disclaimers we post on the Websites and our Privacy Notice, constitute the entire agreement between you and Keak regarding Website use. Section headings are for convenience only. You may not assign these Terms without Keak’s prior written consent; Keak may assign them freely. If any provision is held unenforceable, the remaining provisions remain in full force. Provisions that by their nature should survive termination do survive.

14. NOTICE OF COPYRIGHT INFRINGEMENT

If you believe content on our Websites infringes your copyright, send a written notice to:

Keak Inc.
Attn: Legal Department
Email: legal@keak.com

Your notice must include (i) your physical or electronic signature; (ii) identification of the copyrighted work; (iii) identification of the allegedly infringing material and its Website location; (iv) your contact information; (v) a good-faith statement that the disputed use is unauthorised; and (vi) a statement under penalty of perjury that your notice is accurate and you are authorised to act for the copyright owner. Counter-notifications must meet the requirements of 17 U.S.C. §512(g)(3).

Questions?
Contact us at support@keak.com.