Terms &
Conditions
Last updated: May 20, 2022
Last updated: May 20, 2022
Please read these
terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The
words of which the initial letter is capitalized have meanings defined under the following
conditions. The following definitions shall have the same meaning regardless of whether they
appear in singular or in plural.
Definitions
For the purposes of these Terms and
Conditions:
Application means the software program provided by the Company downloaded by
You on any electronic device, named Keepler
Application Store means the digital distribution
service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store)
in which the Application has been downloaded.
Affiliate means an entity that controls, is
controlled by or is under common control with a party, where "control" means ownership of 50% or
more of the shares, equity interest or other securities entitled to vote for election of directors
or other managing authority.
Account means a unique account created for You to access our
Service or parts of our Service.
Country refers to: New York, United States
Company
(referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Keepler
LLC, 527 3rd St, Brooklyn, NY 11215.
Content refers to content such as text, images, or other
information that can be posted, uploaded, linked to or otherwise made available by You, regardless
of the form of that content.
Device means any device that can access the Service such as a
computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions
sent by You regarding the attributes, performance or features of our Service.
Free Trial refers
to a limited period of time that may be free when purchasing a Subscription.
Goods refer to the
items offered for sale on the Service.
In-app Purchase refers to the purchase of a product,
item, service or Subscription made through the Application and subject to these Terms and
Conditions and/or the Application Store's own terms and conditions.
Orders mean a request by
You to purchase Goods from Us.
Promotions refer to contests, sweepstakes or other promotions
offered through the Service.
Service refers to the Application.
Subscriptions refer to the
services or access to the Service offered on a subscription basis by the Company to You.
Terms
and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire
agreement between You and the Company regarding the use of the Service.
Third-party Social
Media Service means any services or content (including data, information, products or services)
provided by a third-party that may be displayed, included or made available by the Service.
You
means the individual accessing or using the Service, or the company, or other legal entity on
behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These
are the Terms and Conditions governing the use of this Service and the agreement that operates
between You and the Company. These Terms and Conditions set out the rights and obligations of all
users regarding the use of the Service.
Your access to and use of the Service is
conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and
Conditions apply to all visitors, users and others who access or use the Service.
By
accessing or using the Service You agree to be bound by these Terms and Conditions. If You
disagree with any part of these Terms and Conditions then You may not access the Service.
You
represent that you are over the age of 18. The Company does not permit those under 18 to use the
Service.
Your access to and use of the Service is also conditioned on Your acceptance of
and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies
and procedures on the collection, use and disclosure of Your personal information when You use the
Application or the Website and tells You about Your privacy rights and how the law protects You.
Please read Our Privacy Policy carefully before using Our Service.
Placing Orders for Goods
By
placing an Order for Goods through the Service, You warrant that You are legally capable of
entering into binding contracts.
Your Information
If You wish to place an Order for
Goods available on the Service, You may be asked to supply certain information relevant to Your
Order including, without limitation, Your name, Your email, Your phone number, Your credit card
number, the expiration date of Your credit card, Your billing address, and Your shipping
information.
You represent and warrant that: (i) You have the legal right to use any credit
or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the
information You supply to us is true, correct and complete.
By submitting such information,
You grant us the right to provide the information to payment processing third parties for purposes
of facilitating the completion of Your Order.
Order Cancellation
We reserve the right to
refuse or cancel Your Order at any time for certain reasons including but not limited to:
Goods
availability
Errors in the description or prices for Goods
Errors in Your Order
We
reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal
transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can
only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our
Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn
more about your right to cancel Your Order.
Your right to cancel an Order only applies to
Goods that are returned in the same condition as You received them. You should also include all of
the products instructions, documents and wrappings. Goods that are damaged or not in the same
condition as You received them or which are worn simply beyond opening the original packaging will
not be refunded. You should therefore take reasonable care of the purchased Goods while they are
in Your possession.
We will reimburse You no later than 14 days from the day on which We
receive the returned Goods. We will use the same means of payment as You used for the Order, and
You will not incur any fees for such reimbursement.
You will not have any right to cancel
an Order for the supply of any of the following Goods:
The supply of Goods made to Your
specifications or clearly personalized.
The supply of Goods which according to their nature are
not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
The
supply of Goods which are not suitable for return due to health protection or hygiene reasons and
were unsealed after delivery.
The supply of Goods which are, after delivery, according to their
nature, inseparably mixed with other items.
The supply of digital content which is not supplied
on a tangible medium if the performance has begun with Your prior express consent and You have
acknowledged Your loss of cancellation right.
Availability, Errors and Inaccuracies
We are
constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may
be mispriced, described inaccurately, or unavailable, and We may experience delays in updating
information regarding our Goods on the Service and in Our advertising on other websites.
We
cannot and do not guarantee the accuracy or completeness of any information, including prices,
product images, specifications, availability, and services. We reserve the right to change or
update information and to correct errors, inaccuracies, or omissions at any time without prior
notice.
Prices Policy
The Company reserves the right to revise its prices at any time
prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to
accepting an Order in the event of any occurrence affecting delivery caused by government action,
variation in customs duties, increased shipping charges, higher foreign exchange costs and any
other matter beyond the control of the Company. In that event, You will have the right to cancel
Your Order.
Payments
All Goods purchased are subject to a one-time payment. Payment can
be made through various payment methods we have available, such as Visa, MasterCard, Affinity
Card, American Express cards or online payment methods (PayPal, for example).
Payment cards
(credit cards or debit cards) are subject to validation checks and authorization by Your card
issuer. If we do not receive the required authorization, We will not be liable for any delay or
non-delivery of Your Order.
Subscriptions
Subscription period
The Service or some
parts of the Service are available only with a paid Subscription. You will be billed in advance on
a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type
of Subscription plan you select when purchasing the Subscription.
At the end of each
period, Your Subscription will automatically renew under the exact same conditions unless You
cancel it or the Company cancels it.
Subscription cancellations
You may cancel Your
Subscription renewal either through Your Account settings page or by contacting the Company. You
will not receive a refund for the fees You already paid for Your current Subscription period and
You will be able to access the Service until the end of Your current Subscription period.
If
the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your
Subscription with the Application Store.
Billing
You shall provide the Company with
accurate and complete billing information including full name, address, state, zip code, telephone
number, and a valid payment method information.
Should automatic billing fail to occur for
any reason, the Company will issue an electronic invoice indicating that you must proceed
manually, within a certain deadline date, with the full payment corresponding to the billing
period as indicated on the invoice.
If the Subscription has been made through an In-app
Purchase, all billing is handled by the Application Store and is governed by the Application
Store's own terms and conditions.
Fee Changes
The Company, in its sole discretion and at
any time, may modify the Subscription fees. Any Subscription fee change will become effective at
the end of the then-current Subscription period.
The Company will provide You with
reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate
Your Subscription before such change becomes effective.
Your continued use of the Service
after the Subscription fee change comes into effect constitutes Your agreement to pay the modified
Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are
non-refundable.
Certain refund requests for Subscriptions may be considered by the Company
on a case-by-case basis and granted at the sole discretion of the Company.
If the
Subscription has been made through an In-app purchase, the Application Store's refund policy will
apply. If You wish to request a refund, You may do so by contacting the Application Store
directly.
Free Trial
The Company may, at its sole discretion, offer a Subscription with
a Free Trial for a limited period of time.
You may be required to enter Your billing
information in order to sign up for the Free Trial.
If You do enter Your billing
information when signing up for a Free Trial, You will not be charged by the Company until the
Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your
Subscription, You will be automatically charged the applicable Subscription fees for the type of
Subscription You have selected.
At any time and without notice, the Company reserves the
right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free
Trial offer.
In-app Purchases
The Application may include In-app Purchases that allow
you to buy products, services or Subscriptions.
More information about how you may be able
to manage In-app Purchases using your Device may be set out in the Application Store's own terms
and conditions or in your Device's Help settings.
In-app Purchases can only be consumed
within the Application. If you make a In-app Purchase, that In-app Purchase cannot be cancelled
after you have initiated its download. In-app Purchases cannot be redeemed for cash or other
consideration or otherwise transferred.
If any In-app Purchase is not successfully
downloaded or does not work once it has been successfully downloaded, we will, after becoming
aware of the fault or being notified to the fault by You, investigate the reason for the fault. We
will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue
You with a patch to repair the fault. In no event will We charge You to replace or repair the
In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app
Purchase or are unable to do so within a reasonable period of time and without significant
inconvenience to You, We will authorize the Application Store to refund You an amount up to the
cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do
so by contacting the Application Store directly.
You acknowledge and agree that all billing
and transaction processes are handled by the Application Store from where you downloaded the
Application and are governed by that Application Store's own terms and conditions.
If you
have any payment related issues with In-app Purchases, then you need to contact the Application
Store directly.
Promotions
Any Promotions made available through the Service may be
governed by rules that are separate from these Terms.
If You participate in any Promotions,
please review the applicable rules as well as our Privacy policy. If the rules for a Promotion
conflict with these Terms, the Promotion rules will apply.
User Accounts
When You create
an account with Us, You must provide Us information that is accurate, complete, and current at all
times. Failure to do so constitutes a breach of the Terms, which may result in immediate
termination of Your account on Our Service.
You are responsible for safeguarding the
password that You use to access the Service and for any activities or actions under Your password,
whether Your password is with Our Service or a Third-Party Social Media Service.
You agree
not to disclose Your password to any third party. You must notify Us immediately upon becoming
aware of any breach of security or unauthorized use of Your account.
You may not use as a
username the name of another person or entity or that is not lawfully available for use, a name or
trademark that is subject to any rights of another person or entity other than You without
appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Content
Your
Right to Post Content
Our Service allows You to post Content. You are responsible for the
Content that You post to the Service, including its legality, reliability, and
appropriateness.
By posting Content to the Service, You grant Us the right and license to
use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and
through the Service. You retain any and all of Your rights to any Content You submit, post or
display on or through the Service and You are responsible for protecting those rights. 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.
You represent and warrant
that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the
rights and license as provided in these Terms, and (ii) the posting of Your Content on or through
the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or
any other rights of any person.
Content Restrictions
The Company is not responsible for
the content of the Service's users. You expressly understand and agree that You are solely
responsible for the Content and for all activity that occurs under your account, whether done so
by You or any third person using Your account.
You may not transmit any Content that is
unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or
otherwise objectionable. Examples of such objectionable Content include, but are not limited to,
the following:
Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or
mean-spirited content, including references or commentary about religion, race, sexual
orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or
randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any
other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or
installing any viruses, worms, malware, trojan horses, or other content that is designed or
intended to disrupt, damage, or limit the functioning of any software, hardware or
telecommunications equipment or to damage or obtain unauthorized access to any data or other
information of a third person.
Infringing on any proprietary rights of any party, including
patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating
any person or entity including the Company and its employees or representatives.
Violating the
privacy of any third person.
False information and features.
The Company reserves the right,
but not the obligation, to, in its sole discretion, determine whether or not any Content is
appropriate and complies with this Terms, refuse or remove this Content. The Company further
reserves the right to make formatting and edits and change the manner of any Content. The Company
can also limit or revoke the use of the Service if You post such objectionable Content. As the
Company cannot control all content posted by users and/or third parties on the Service, you agree
to use the Service at your own risk. You understand that by using the Service You may be exposed
to content that You may find offensive, indecent, incorrect or objectionable, and You agree that
under no circumstances will the Company be liable in any way for any content, including any errors
or omissions in any content, or any loss or damage of any kind incurred as a result of your use of
any content.
Content Backups
Although regular backups of Content are performed, the
Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid
backup points may be caused by, without limitation, Content that is corrupted prior to being
backed up or that changes during the time a backup is performed.
The Company will provide
support and attempt to troubleshoot any known or discovered issues that may affect the backups of
Content. But You acknowledge that the Company has no liability related to the integrity of Content
or the failure to successfully restore Content to a usable state.
You agree to maintain a
complete and accurate copy of any Content in a location independent of the Service.
Copyright
Policy
Intellectual Property Infringement
We respect the intellectual property rights of
others. It is Our policy to respond to any claim that Content posted on the Service infringes a
copyright or other intellectual property infringement of any person.
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 that is taking place through the Service, You
must submit Your notice in writing to the attention of our copyright agent via email at
help@lovekeepler.com and include in Your notice a detailed description of the alleged
infringement.
You may be held accountable for damages (including costs and attorneys' fees)
for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA
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.
You can contact our
copyright agent via email at help@lovekeepler.com. Upon receipt of a notification, the Company
will take whatever action, in its sole discretion, it deems appropriate, including removal of the
challenged content from the Service.
Intellectual Property
The Service and its original
content (excluding Content provided by You or other users), features and functionality are and
will remain the exclusive property of the Company and its licensors.
The Service is
protected by copyright, trademark, and other laws of both the Country and foreign
countries.
Our trademarks and trade dress may not be used in connection with any product or
service without the prior written consent of the Company.
Your Feedback to Us
You assign
all rights, title and interest in any Feedback You provide the Company. If for any reason such
assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable,
royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute,
modify and exploit such Feedback without restriction.
Links to Other Websites
Our
Service may contain links to third-party web sites or services that are not owned or controlled by
the Company.
The Company has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party web sites or services. You further
acknowledge and agree that the Company 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 the use of or
reliance on any such content, goods or services available on or through any such 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.
Termination
We may terminate or
suspend Your Account immediately, without prior notice or liability, for any reason whatsoever,
including without limitation if You breach these Terms and Conditions.
Upon termination,
Your right to use the Service will cease immediately. If You wish to terminate Your Account, You
may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any
damages that You might incur, the entire liability of the Company and any of its suppliers under
any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to
the amount actually paid by You through the Service or 100 USD if You haven't purchased anything
through the Service.
To the maximum extent permitted by applicable law, in no event shall
the Company or its suppliers be liable for any special, incidental, indirect, or consequential
damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or
other information, for business interruption, for personal injury, loss of privacy arising out of
or in any way related to the use of or inability to use the Service, third-party software and/or
third-party hardware used with the Service, or otherwise in connection with any provision of this
Terms), even if the Company or any supplier has been advised of the possibility of such damages
and even if the remedy fails of its essential purpose.
Some states do not allow the
exclusion of implied warranties or limitation of liability for incidental or consequential
damages, which means that some of the above limitations may not apply. In these states, each
party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS
AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all
faults and defects without warranty of any kind. To the maximum extent permitted under applicable
law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective
licensors and service providers, expressly disclaims all warranties, whether express, implied,
statutory or otherwise, with respect to the Service, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement, and warranties that
may arise out of course of dealing, course of performance, usage or trade practice. Without
limitation to the foregoing, the Company provides no warranty or undertaking, and makes no
representation of any kind that the Service will meet Your requirements, achieve any intended
results, be compatible or work with any other software, applications, systems or services, operate
without interruption, meet any performance or reliability standards or be error free or that any
errors or defects can or will be corrected.
Without limiting the foregoing, neither the
Company nor any of the company's provider makes any representation or warranty of any kind,
express or implied: (i) as to the operation or availability of the Service, or the information,
content, and materials or products included thereon; (ii) that the Service will be uninterrupted
or error-free; (iii) as to the accuracy, reliability, or currency of any information or content
provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent
from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware,
timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of
certain types of warranties or limitations on applicable statutory rights of a consumer, so some
or all of the above exclusions and limitations may not apply to You. But in such a case the
exclusions and limitations set forth in this section shall be applied to the greatest extent
enforceable under applicable law.
Governing Law
The laws of the Country, excluding its
conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the
Application may also be subject to other local, state, national, or international laws.
Disputes
Resolution
If You have any concern or dispute about the Service, You agree to first try to
resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If
You are a European Union consumer, you will benefit from any mandatory provisions of the law of
the country in which you are resident in.
United States Federal Government End Use
Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as
that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent
and warrant that (i) You are not located in a country that is subject to the United States
government embargo, or that has been designated by the United States government as a "terrorist
supporting" country, and (ii) You are not listed on any United States government list of
prohibited or restricted parties.
Severability and Waiver
Severability
If any
provision of these Terms is held to be unenforceable or invalid, such provision will be changed
and interpreted to accomplish the objectives of such provision to the greatest extent possible
under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except
as provided herein, the failure to exercise a right or to require performance of an obligation
under these Terms shall not effect a party's ability to exercise such right or require such
performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any
subsequent breach.
Translation Interpretation
These Terms and Conditions may have been
translated if We have made them available to You on our Service. You agree that the original
English text shall prevail in the case of a dispute.
Changes to These Terms and
Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at
any time. If a revision is material We will make reasonable efforts to provide at least 30 days'
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 those revisions
become effective, You agree to be bound by the revised terms. If You do not agree to the new
terms, in whole or in part, please stop using the website and the Service.
Contact Us
If
you have any questions about these Terms and Conditions, You can contact us:
By email:
help@lovekeepler.com
By visiting this page on our website: www.keepler.com