Legal

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Last Updated: April 08th, 2018.

The following text outlines the terms of use of the KeyKong applications and website. You can also review our privacy policy, which outlines our practices towards handling any personal information that you may provide to us.

Acceptance Of Terms

This is a legal document. If you use KeyKong, you agree to the terms.

The contract below outlines KeyKong’s terms of service (“the Agreement”). By downloading, installing and using KeyKong products and services (“the Services”) you agree and acknowledge that you have read and accepted this Agreement in its entirety, and agree to be bound by its terms. These terms of service apply to all users of the Services, including users with paid accounts.

KeyKong reserves the right, at its sole discretion, to modify or replace the terms of this Agreement at any time. If the alterations constitute a material change, KeyKong will notify you by posting an announcement on the KeyKong website. What constitutes a material change will be determined at KeyKong’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using our Services following notification of a material change to this Agreement shall constitute your acceptance of the Agreement as modified.

Description Of Service

The “Service” means (a) password managing, secure document storing, administrative and related systems and technologies, as well as the website https://keykong.io (the “Site”), and (b) all software (including the Software, as defined below), applications, data, text, images, and other content made available by or on behalf of KeyKong. Any modifications to the Service are also subject to these Terms. KeyKong reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice. All rights, title, and interest in and to the Service will remain with and belong exclusively to KeyKong.

The Service

We are humans too, so sometimes things break. We do our best.

KeyKong is providing this service on an “as is, as available” basis without representation or warranty of any kind. KeyKong does not guarantee as to the continuous availability of the service or of any specific feature(s) of the service. KeyKong may impose usage or service limits, suspend service, or block certain kinds of usage at our sole discretion. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.

The speed and quality of the Service may vary and the Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed. KeyKong is not responsible for any failures to maintain the confidentiality, security, accuracy or quality of your data, messages or pages whether or not related to interruptions or performance issues with the Service.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a regular basis, typically monthly or yearly. At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or KeyKong cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting KeyKong customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide KeyKong or its third-party payment processor, with accurate and complete billing information including full name, address, state, zip code, and valid payment method information. By submitting such payment information, you automatically authorize KeyKong to charge all Subscription fees incurred through your account to any such payment instruments. All amounts paid are non-refundable. You further agree to be responsible for all taxes associated with the Service, along with any transaction fees and currency conversions added by your financial institution and intermediaries.

Free Trial

KeyKong may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

On the last day of the Free Trial period, your account will be automatically frozen, unless you upgrade to a subscription. You may be required to enter your billing information in order to upgrade and then you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, KeyKong reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

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 (either the Terms of Service and Privacy Policy). 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 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.

User Responsibilities

A computer or other equipment enabled to access the Internet (“Device”) is required to utilize the Service. You are solely responsible for ensuring that your Device is sufficient and compatible for use with the Service.

KeyKong may not be used to misrepresent or to act on behalf of others. All messages you transmit through our Services shall identify You as the sender. You may not:

- Alter the attribution of origin in electronic mail messages or posting

- Use the Service for anything other than lawful purposes

- Use the Services for commercial gain

- Use KeyKong to mask their identity for illegal or malicious purposes

- Distribute copyright-protected material through our servers

- Take any action that results in an unreasonable load on KeyKong infrastructure

- Use any 3rd party software to interfere with or attempt to interfere with the Services

You shall at all times abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. If KeyKong is contacted with a complaint regarding or arising from your use of the Services, KeyKong may deem your service usage in violation of this Agreement and terminate your account without notice.

Intellectual Property

The Service and all contents, including but not limited to text, images, graphics or code are the property of KeyKong and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of KeyKong or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

User-Generated Content

"Your Data" means any data and content which you upload, store, retrieve, or otherwise make available through the Service. You retain all of the rights to Your Data. You agree to grant KeyKong a license to store, retrieve, backup, restore, and otherwise copy Your Data so that we may provide you with the Service.

Links To Other Websites

The Service may contain links to third-party websites or services that are not owned or controlled by KeyKong.
KeyKong has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that KeyKong 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 websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Service Suspension & Termination

You are entitled to cease using our Services at any time and for any reason without notice to us, but you will continue to be charged for Services until you cancel your account by logging in or contacting us.
You agree that KeyKong, in its sole discretion, for any or no reason, and without penalty, may terminate or suspend your use of the Service at any time. KeyKong may also in its sole discretion and at any time discontinue the Services in their entirety, or any part thereof, with or without notice.
All provisions of the Terms shall survive termination, including without limitation: ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease.

Cancellation & Refund Policy

While all amounts paid are non-refundable, certain refund requests for subscriptions may be considered by KeyKong on a case-by-case basis and granted at the sole discretion of KeyKong.

Limitation Of Liability

KeyKong its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for (A) any loss or damage, indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, or (B) for any amount in the aggregate in excess of the fees actually paid by you in the six (6) months preceding the event giving rise to your claim, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, 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 of Warranties

KeyKong makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services. KeyKong does not represent or warrant that (a) the use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Service will meet your requirements or expectations (c) errors or defects will be corrected, or (d) the Services are free of viruses or other harmful components. The Service is provided by KeyKong on an “as is” “as available” basis without warranties of any kind, either expressed or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by law. You expressly agree that use of the Services is at your sole risk.

Governing Law

These Terms shall be governed by and interpreted and enforced in accordance with, the laws in Brazil.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any 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, oral or otherwise, regarding the Service.

Dispute Resolution

All disputes and questions whatsoever which shall arise between KeyKong and you in connection with this Service Agreement, or the construction or application thereof or any provision contained in this Service Agreement or as to any act, deed or omission of any party or as to any other matter in any way relating to this Service Agreement, shall be resolved by arbitration. Such arbitration shall be conducted by a single arbitrator.
The District Court of Rio de Janeiro / RJ is hereby elected as competent to resolve disputes arising from this contract, excluding any other, however privileged it may or may become.

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 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.
The Change Log section below is not a part of these Terms, nor is the Terms of Service archive or any content linked therefrom.

Contact Us

If you have any questions about these Terms, you can contact our support team or write us by mail at:

Av. Passos 120, 15° Andar
Centro - Rio de Janeiro, CEP 20051-040
RJ - Brasil
Thanks for reading
Change Log
2018-04-08:
We clarified what happens if we part ways.