Terms of Service

Last updated December, 2022

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the KeepaScore mobile application (the "Service") operated by Keepa Tech LLC ("us", "we", or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service, and you should uninstall the application from your mobile device and unsubscribe from all communications from us.

COMMUNICATIONS

By the creating an account on our service ("User", "you" or "your"), if required to do so, you agree to subscribe to our newsletters, marketing or promotional materials and other information that we may send to you. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. If you delete our application from your mobile device, you may still receive communications via text message and/or email from us. We recommend that you both 'unsubscribe' and delete the application Service from your mobile device, if you want to stop receiving our communications.

FREE TRIALS AND SUBSCRIPTIONS

We reserve the right to change all or part of our subscription Service at any time. In the event that we choose to make a change, you will be notified at that time of the requirements, pricing and billing options for your continuing to use the Service. We may, at our sole discretion, offer a free trial subscription for a limited period of time ("Free Trial"), which may require you to enter your billing information in order to use the Free Trial period. At any time and without notice, Keepa Tech LLC reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

REFUNDS

Except when required by law, we will not refund any paid subscription fees.

CONTENT

Our Service allows you to store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). By using our Service to store the Content, you represent that your use is legal, reliable, and appropriate. You represent and warrant that: (i) the Content is yours (you own it) and/or you have the current right and license to use it on our Service, and (ii) you have the right to grant us the rights and license (generally a sublicense) as provided in these Terms, and (iii) that your posting of the Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on any copyright.

You retain any and all of your rights to any Content you submit, store or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. By posting Content using the Service, you grant us a permanent right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

ACCOUNTS

Our Service is provided for the use of person's age thirteen years or older (13+) who have permission to download and access our Service. If you are a parent or guardian of a child under the age of 13 and you learn that your child has downloaded and provided us with Personal Information, you may contact us to disable or terminate the account from our servers. When you create an account with us, you guarantee that you are above the age of thirteen and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your device and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. Notify us immediately upon becoming aware of any unauthorized use of your account.

COPYRIGHT POLICY

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please notify us.

Any User who violates the copyrights of another person may be held accountable to us or a third party for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

• identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

INTELLECTUAL PROPERTY

The Service and its original content (excluding the Content provided by Users who have a right to such Content), as well as the features and functionality of the Service, are and will remain the exclusive property of Keepa Tech LLC and its licensors. By downloading the Service, Keepa Tech LLC only grants to you a limited, personal, non-exclusive, non-transferable license to install and use its software for the Service on your personal mobile device, and solely to enable your use of the Service, which does not include any right to modify, distribute, prepare derivative works of, or grant sublicenses to the software or use of the Service.

In order to protect the trade secrets and proprietary know-how contained in the software and used by the Service, the User does not have rights, nor will the User allow access to nor direct any person under their control, to analyze, break down, decompile, disassemble, attempt to reverse engineer or attempt to extract the source code of the software application or the Service, its features or functionality, without the express, written permission of Keepa Tech LLC. By doing so without the express, written consent of Keepa Tech LLC, the User will be violating these Terms and infringing on the rights of Keepa Tech LLC.

Keepa Tech LLC, its software application and the Service are protected by Keepa Tech LLC by copyrights, trademarks, and the laws of both the United States and foreign countries. The trademarks and trade dress of Keepa Tech LLC, KeepaScore and the Service may not be used in connection with any other product or service without the prior written consent of Keepa Tech LLC.

LINKS TO OTHER WEB SITES

Our Service may contain links to third party web sites or services that are not owned or controlled by Keepa Tech LLC. Keepa Tech LLC does not control, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Keepa Tech LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit before consenting to using their services or connecting to them through our Service.

TERMINATION

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service and delete the application from your mobile device. Unless you both 'unsubscribe' and delete the application Service from your mobile device, you may still receive the communications.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Keepa Tech LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (i) your use and access of the Service, by you or any person using your account and password; (ii) a breach of these Terms, or (c) the Content you posted on the Service.

LIMITATION OF LIABILITY

In no event shall Keepa Tech LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis with no guaranty that such Service will be available at all times. Keepa Tech LLC its subsidiaries, affiliates, and its licensors do not warrant that the Service will be free of defect or errors at all times. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

GOVERNING LAW

By using the Services, the User consents to resolve any claim, cause of action, dispute you have with Keepa Tech LLC arising out of or related to the Services or the Terms exclusively in the U.S. District Court for the District of South Carolina or the courts of the State of South Carolina located in Richland County, South Carolina, and the User submits to the personal jurisdiction of these courts for litigation of any and all claims brought by the User, without application of any conflict of laws provision that would refer the matter to another jurisdiction.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide reasonable notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

CONTACT US

If you have any questions about this Terms of Service, please contact us, in writing:

Keepa Tech, LLC

Attn: KeepaScore Privacy Policy

1249 Chapin Rd. #642
Chapin SC 29036
United States