Please read these terms carefully. This is a binding agreement (the “Agreement”) between Keyo, Inc. (referred to as “Company,” “we,” “us” or “our”) and any person who accesses or establishes a connection to the Services (“you” or “User”). By using or otherwise accessing the Services, or indicating your assent hereto by clicking “I agree” or similarly expressing acceptance where other options exist, you will be deemed to have accepted the terms of this Agreement. The Company retains any rights not specifically granted to you in this Agreement.
Access to this site
To access any part of this website, keyo.co (the “Website”) or other software, resources or services available through the Website (all of the foregoing, the “Services”), you agree to comply with all of the terms of this Agreement. In order to use some or all of the Services on the Website, you may be asked to provide registration information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. Additionally, we are required to follow “know your customer” laws and regulations. As such, we must retain certain information about you and we may be required to verify it. If the Company believes the information you provide is inaccurate, the Company may terminate or suspend your access to the Services.
You agree that the Company may, without prior notice for any reason or no reason, immediately terminate your account and access to the Services. You agree that all terminations for cause shall be made in the Company’s discretion and that the Company shall not be liable to you or any third-party for any termination of your account.
How the services work
Keyo will provide payment processing services at participating merchants. Users register their payment information in their accounts and use their Biometric Information to “log in” at a Keyo terminal in the store to initiate payments. “Biometric Information” means any physical information about you that can be used to identify you that you provide to Keyo when you sign up for the Services.
Use of biometric information
As part of providing Services to you, the Company will collect Biometric Information used to identify you. By registering on this Website and providing the Company with your Biometric Information, you agree to the Company’s use of your Biometric Information to provide the Services, as described in the Biometric Data Policy, which is incorporated herein by reference. You also agree to the Company’s disclosure of your Biometric Information third parties as required to provide the Services. When you are using a Keyo terminal, you are authorizing Keyo to transmit your Biometric Information to verify your identity to complete a payment transaction.
We will securely store your Biometric Information as long as you have an active account with the Company. Your account is considered “active” as long as you have made at least one purchase using Keyo within the prior year. We will keep your Biometric Information for up to one year after you cancel your account as described in Section 3 or for up to one year after your last purchase using Keyo, whichever is shorter, after which the Company will permanently destroy your Biometric Information. If your Biometric Information has been destroyed, you will need to provide that Biometric Information to us again when you reactivate your account.
We will never sell, lease, or trade your Biometric Information with any other party.
The Company may offer a rewards program (the “Reward Program”) for you to earn rewards by using the Services. By utilizing the Reward Program, you agree to the terms and conditions of the Reward Program, located here: http://keyo.co/rewards-agreement/. The Company may change the terms of or cancel the Reward Program at its discretion. If your account is cancelled, terminated, or becomes inactive, or if you violate the terms of this Agreement, as determined by the Company, the Company may remove your account from the Rewards Program.
Restrictions of Use
You may access the Services only for your personal, non-commercial use. You may not use the Services for any other purpose. You may not, for example, (i) modify, publish, distribute, transmit, systematically download, use automated means to index or extract data from, participate in the transfer or sale or rental of, translate, create derivative works from, frame, co-brand, or in any way exploit any part of the Services other than for personal use or as specifically permitted in this Agreement, without the Company’s written consent, or (ii) use the Services in any harmful manner or interfere with any party’s use or enjoyment of the Services. You agree to cooperate with the Company in causing any unauthorized use of the Services to immediately cease.
The material accessible from this Website, including text, data, images, interfaces and other materials or works of authorship (the “Content”) is owned or licensed by the Company. You may not copy, distribute, republish, upload, post, or transmit Content in any way without the prior written consent of the Company, except that you may print out limited portions of the Content solely for your personal use. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
The Company’s name, logos, and other product and service identifiers are the Company’s trademarks. All other trademarks appearing on the Website are the property of their respective owners. No rights are granted to you in these trademarks.
A “Submission” means any information, ideas or materials that Users provide to us via any post, upload, input or other submission to the Services. You hereby grant to the Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. The Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or other payment, and will not assume any liability as a result of any similarities that may appear in future the Company operations. You represent that you own or otherwise possess all of the rights to any Submissions.
You may not post, send, submit, publish, or transmit in connection with the Services any material that (i) you do not have the right to post, including proprietary material of any third party, (ii) advocates illegal activity or discusses an intent to commit an illegal act, (iii) is vulgar, obscene or threatening, (iv) libels, defames, or invades the privacy of other users, (v) does not pertain directly to the subject matter of the Services or advertises another product or service, (vi) includes programs that contain viruses, worms, or any other malicious computer code, or (vii) contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.
Without limiting the foregoing responsibilities of the Users, the Company may monitor use of the Website to determine compliance with this Agreement. The Company may remove or refuse Submissions for any reason.
The Website may include hyperlinks to other websites that are not owned or operated by the Company. These links are provided for your convenience, and the Company may receive commissions or other financial compensation from the owners of these websites. Hyperlinks are to be accessed at your own risk. The Company has no control over other websites and is not liable for any content, advertising, products, services or other materials on or available from those websites. Nonetheless, we wish to protect the users of the Website, and we therefore invite feedback about websites that are linked from this Website.
Third Party Systems
The Company uses a third party provider called Stripe to facilitate payments made using Keyo. To do this, we must create an account for you with Stripe when you register with Keyo. By registering for an account with Keyo, you are also agreeing to the Connected Account Agreement with Stripe, which includes Stripe’s own Terms of Service. As a condition of Keyo enabling payment processing services through Stripe, you agree to provide Keyo accurate and complete information about you and your business, and you authorize Keyo to share it and transaction information related to your use of the payment processing services provided by Stripe.
Security and Security Violations
If you are a User who has registered an account for the Services, passwords used to access the Services are for individual use only. You are responsible for the security of your own password and for all activities that occur through the use of your account if accessed with your password, including liability for damages resulting from misuse. If you use a password that the Company considers insecure, the Company may require you to change the password or terminate your account.
You may not attempt to violate the security of the Services, or use the Services to violate the security of other persons or websites or to violate the law, including by: (i) accessing data not intended for you or logging into an account that you are not authorized to access, (ii) attempting to probe, scan or test the vulnerability of the Services or to breach security or authentication measures, (iii) attempting to interfere with service to any user, host or network, including without limitation, by submitting a virus to the Services, (iv) sending unsolicited e-mail, (v) forging any TCP/IP packet header or any part of the header information in any e-mail, or (vi) attempting reverse engineer any of the software making up any part of the Services.
The Company will take all reasonably necessary steps to investigate suspected violations of this Agreement. The Company reserves the right to involve and fully cooperate with any law enforcement authorities and comply with court orders requesting or directing the Company to disclose the identity of anyone engaging in conduct that is believed to violate the law. The Company further reserves the right, in its discretion, to release your details to system administrators at other sites in order to assist them in resolving security incidents.
You release the Company from and against any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
Your use of the Services is at your own risk. The Services are provided on an “as is” and “as available” basis. The Company disclaims any warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, and any warranties arising out of course of dealing or usage of trade.
By way of illustration, and without limiting the generality of the disclaimer in the paragraph above, the Company disclaims any warranty that:
The Services will be uninterrupted or error-free, or that defects will be corrected;
The Website or the server that makes it available are free of viruses or other harmful components; or
The Content is accurate or free of typographical errors.
Limitation on Liability
The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors shall not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if the Company has been advised of the possibility of such damages.
In no event will the collective liability of the Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $500 or the amount that you have paid to the Company for the Services during the most recent 12-month period.
To the maximum extent permitted by law, you shall indemnify the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors from and against all third-party claims, liabilities and expenses, including legal fees and costs, relating to your use of the Services or your breach of any representation contained in or other provision of this Agreement. The Company reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claim for which you are obligated to provide indemnification under this section. You shall fully cooperate as reasonably required in the defense of any claim.
This Agreement constitutes the entire agreement between the parties relating to the subject matter contained herein. The Company may modify this Agreement at any time by posting the revised terms on the Website and providing you with the opportunity to accept or reject the modifications during your next sign-on to the Services. If you do not agree to the modifications, you may be required to cease your access to the Services. Continued use or access of the Service after modification will constitute your acceptance of this Agreement as modified.
Dispute Resolution; Waiver
All disputes relating to the interpretation of this Agreement or the rights of the parties hereunder will be exclusively settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Disputes involving $75,000 or less shall use the AAA’s Expedited Rules. The parties shall mutually agree upon a single commercial arbitrator, and in the absence of agreement, the AAA shall select the arbitrator. The place of arbitration shall be Chicago, Illinois. The parties will share equally in the costs of arbitration payable to the AAA, including the arbitrator. The award of the arbitrator will be accompanied by a reasoned opinion. Judgment on an arbitration award may be entered in accordance with the Federal Arbitration Act in any federal court having jurisdiction.
You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
The parties to this Agreement may, notwithstanding the above, seek equitable relief in any proper court to enjoin a breach or threatened breach of any obligations under this Agreement that might cause irreparable harm (without any requirement to post bond).
This Agreement is governed and interpreted pursuant to the laws of the State of Illinois, United States of America, without regard to its choice of law rules. The parties agree that the exclusive venue for any dispute relating to this Agreement will be in, and specifically consent to the personal jurisdiction of, the state and federal courts located in Chicago, Illinois. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notices or other communications permitted or required hereunder will be in writing and given by the Company via e-mail, to the address that you provided when registering for the Services, and will be effective upon transmission.
Contact and Feedback
We welcome and encourage feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at [email protected] or through the “Support” section of the Website at www.keyo.co/support. You agree that all Feedback will become the sole and exclusive property of the Company and you hereby irrevocably assign to the Company all of your right in and to all Feedback.
If you are a resident of California, you may request additional information or submit claims or complaints regarding the Services by calling the Complaint Assistance Unit of the Division of Consumer Services of California Department of Consumer Affairs at (916) 445-1254;
Or in writing at:
Complaint Assistance Unit
Division of Consumer Services
California Department of Consumer Affairs
1020 N. Street, #501
Sacramento, California 95834
Last updated: October 3, 2016