“Biometric Data” means information that we collect that is related to a person’s human characteristics, which can be used to identify that person. Common forms of biometric data that you may use in your daily life include fingerprints, veins in your palm, face recognition, and iris or retina recognition that we use in order to provide the Services to our Users.
“Personal Data” means personally identifying information about you, including information relating to you as an identified or identifiable natural person.
“Personal Information” means personal information that pertains to you but not information relating to you as an identified or identifiable natural person.
“Services” means our Website and the other software, resources and services available through our Website, applications and APIs.
“Third Party Platform” means any software, software-as-a-service, data sources or other products or services not provided by Keyo that are integrated with our Services.
“Users” means any person including you, who sign up for and register for an account with Keyo and who utilize our Website and Services or any person who accesses or establishes a connection to the Services.
To access any part of this website, keyo.co (the “Website”) or 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. 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.
To the extent Keyo provides Keyo Apps for use with the Services, subject to all of the terms and conditions of this Agreement, Keyo grants you a limited, non-transferable, non-sublicensable, non-exclusive license to use the object code form of the Apps internally, but only in connection with the use of the Services.
If Keyo makes access to any APIs available as part of the Services, Keyo reserves the right to place limits on access to such APIs (e.g., limits on numbers of calls or requests). Further, Keyo may monitor Users’ usage of such APIs and limit the number of calls or requests a User may make if Keyo believes that such usage is in breach of this Agreement or may negatively affect the Services (or otherwise impose liability on Keyo).
If you are under the age of eighteen (18) years, you must first obtain the express consent and approval of your parent or legal guardian before accessing or using our Website and Services. If we determine that you are under the age of eighteen (18) and have not received the authorization of your parent or legal guardian before accessing and using our Website and Services, we reserve the right to delete your account and/or restrict your access to parts or all of the Website and Services at any time without notice or liability. Additionally, we will delete your account and/or restrict your access to parts or all of the Company’s website and services if your parent or legal guardian instructs us to do so.
You may permit your agents, authorized affiliates and employees (“Affiliates”) to log on to and access our Website and Services using your security credentials, provided that you remain responsible for compliance by all such Affiliates with all of the terms and conditions of this Agreement, and any use of the Services by such Affiliates is for your sole benefit.
Keyo provides a suite of solutions for payments, ticketing, access control, identification, and time and attendance services built around biometric authentication and offered on a single platform.
By using our Website and Services you acknowledge that:
a. We cannot ensure or guarantee the security or privacy of information you provide through the Internet, and you release us from any and all liability in connection with the use of such information by other parties;
b. We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should be cautious in selecting the personal data and information you provide to others; and
c. We cannot guarantee, nor assume any responsibility for verifying, the accuracy of the information provided by other Users of our Website and Services.
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. 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, accessed a physical space for entry-exit, or identified yourself for security or time and attendance, in lieu of a physical ticket, using Keyo within the prior year. We will keep your biometric information for up to one year after you cancel your account or one year after your last purchase or access using Keyo, whichever is shorter, after which time 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: https://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.
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.
You may not post, send, submit, publish, or transmit on our Website or 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, we reserve the right to monitor anything and everything submitted by you to our Website and Services to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.
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.
The Company uses a third party provider and third party platforms, such as Stripe, to facilitate the payments you make using Keyo. To do this, we must create an account for you with our third party providers when you register with Keyo. By registering for an account with Keyo, you are also agreeing to the agreements that are necessary for the third party providers’ participation or integration of services with Keyo’s Website and Services, which includes the third party provider’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 other transaction-related information from your use of the payment processing services provided by Stripe. Further, you agree that any claims concerning your experience using the third party’s services or facilities are governed by their own terms and conditions of service, rules, and policies which may be different from Keyo’s.
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 use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of our Website or Services, or any of Our Content, or in any way reproduce or circumvent the navigational structure or presentation of our Website or any other content on our Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through our Website. You may not attempt to gain unauthorized access to any portion or feature of our Website, or any other systems or networks connected to our Website or servers, or to any of the Services offered on or through the Website, by hacking or any other illegitimate means.
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.
You understand and agree that we may immediately terminate your right to use our Website and Services without notice to you under certain circumstances, including, but not limited to:
b. requests by law enforcement, government agencies or court order;
c. security and technical issues or problems;
d. non-payment of any fees owed by you; or
e. extended periods of inactivity.
If we terminate your right to use our Website and Services, you understand and agree that we may delete all of Your Submissions (and any content associated with you) and that we will not be liable to you or any third party for any termination of your right to access or use our Website and Services or for the deletion of Your Submissions. Upon termination, we will have no further obligation to grant you any access to or use of our Website and Services.
YOU UNDERSTAND AND AGREE THAT YOU USE KEYO, INC.’S WEBSITE AND SERVICES AT YOUR OWN RISK. OUR WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
By way of illustration, and without limiting the generality of the disclaimer in the paragraph above, the Company disclaims any warranty that:
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL KEYO, INC., ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, successors, assigns AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY the COMPANY AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE OUR website and services OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF OUR WEBSITE AND SERVICES, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER the Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You are responsible for making all the necessary arrangements to ensure you can access our Website and Services (including, but not limited to Internet provider and mobile internet provider fees and, any other charges associated with such access). We shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing our Website and Services through any device, mobile services or any similar service currently known or developed in the future.
By accessing the Company’s Website and Services or agreeing to receive messages or notifications from the Company through your mobile phone and/or any other connected device, you accept that you may incur charges from your internet or mobile service provider. We shall not under any circumstances be liable for such charges.
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.
If a dispute arises between the parties concerning the interpretation of this Agreement or the rights of the parties hereunder, the parties agree to first participate in alternative dispute resolution / mediation (“Mediation”) and share equally in the costs of the Mediation. If the parties reach a mutually agreeable resolution at or in connection with the Mediation, they agree to execute a fully integrated and binding written agreement setting forth the particulars and details concerning the resolution of issues, which agreement shall be enforceable by a court of competent jurisdiction.
In the event the Parties are unable to resolve the dispute in mediation it is hereby agreed that the dispute will then 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.
We welcome and encourage feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at email@example.com or through the “Help” section of the Website. 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: May 25, 2018