Terms & Conditions

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Intellectual Property Rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: contact@keymik.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

• confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
• warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
• warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

3. User Representations

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Purchases and Payment

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Discover
• PayPal
• Bank Account (ACH)

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

6. Subscriptions

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is annual.

Cancellation

You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at contact@keymik.com.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. Software

We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.

8. Prohibited Activities

Users must not:

• Trick, defraud, or mislead others, especially to obtain sensitive account info like passwords.
• Circumvent or interfere with security features of the Services.
• Disparage or harm the Services or its providers.
• Use information from the Services to harass or harm others.
• Misuse support services or submit false abuse reports.
• Violate laws or regulations while using the Services.
• Engage in unauthorized framing or linking.
• Upload or transmit viruses, Trojan horses, or spam that disrupts the Services.
• Use automated systems like scripts, bots, or data mining tools.
• Delete copyright or proprietary notices from content.
• Impersonate others or use another user's username.
• Upload passive or active data collection tools (e.g., spyware, cookies, gifs).
• Interfere with or burden the Services or its networks.
• Harass or threaten employees or agents of the Services.

Additional Restrictions

Users must not:

• Attempt to bypass access restrictions.
• Copy or adapt the Services' software (e.g., Flash, PHP, HTML, JavaScript).
• Reverse engineer any part of the Services.
• Use unauthorized automated systems (e.g., spiders, scrapers).
• Use buying agents to make purchases.
• Collect user data for unsolicited emails or create fake accounts.
• Compete with the Services or use it for commercial gain.
• Advertise or sell goods/services via the Services.
• Sell or transfer their profile.

9. User Generated Contributions

Although the Services do not solicit content, users may be allowed to submit text, writings, video, audio, photos, graphics, comments, suggestions, personal info, etc.

Users must ensure:

• Their content doesn't infringe on third-party rights.
• They have proper licenses and permissions.
• They have consent from identifiable individuals.
• Content is accurate and not misleading.
• Content isn't spam or unauthorized advertising.
• Content isn't obscene, violent, harassing, or otherwise objectionable.
• Content doesn't ridicule, mock, intimidate, or abuse.
• Content doesn't promote violence or violate laws.
• Content doesn't violate privacy or child protection laws.
• Content doesn't include offensive comments tied to race, gender, etc.
• Content doesn't link to material that violates these terms.

Violations may result in suspension or termination of access.

10. Contribution License

By submitting feedback or suggestions:

• You agree the Services may access, store, process, and use your data per the Privacy Policy.
• You grant permission for the Services to use and share feedback for any purpose.

11. Guidelines for Reviews

When posting reviews, users must:

• Have firsthand experience with the subject.
• Avoid profanity, abusive, racist, or hate language.
• Avoid discriminatory references (religion, race, gender, etc.).
• Avoid references to illegal activity.
• Not be affiliated with competitors when posting negative reviews.
• Avoid legal conclusions.
• Avoid false or misleading statements.
• Not organize review campaigns.

The Services may accept, reject, or remove reviews at their discretion. Reviews are not endorsed and may not reflect the views of the Services or its affiliates.

12. Mobile Application License

Use License: You're granted a revocable, non-exclusive, non-transferable, limited license to install and use the app on your own wireless devices, strictly under these terms. You must not:

• Reverse engineer, decrypt, or derive source code (unless permitted by law)
• Modify, adapt, translate, or create derivative works
• Violate laws while using the app
• Remove or obscure proprietary notices
• Use the app for commercial or revenue-generating purposes
• Share the app across multiple devices or users simultaneously
• Use the app to build competing products or services
• Send automated queries or unsolicited commercial emails
• Use proprietary interfaces or IP to develop accessories or apps

Apple and Android Devices

When using the app from the Apple Store or Google Play:

• License is limited to use on iOS or Android devices per distributor terms
• We provide maintenance and support; distributors are not obligated to
• Warranty issues may be handled by the distributor (e.g., refund), but no further obligations apply
• You confirm you're not in embargoed countries or on restricted lists
• You must comply with third-party agreements (e.g., VoIP data usage)
• App distributors are third-party beneficiaries and may enforce these terms

13. Social Media

You may link your account with third-party services ("Third-Party Accounts") by:

• Providing login credentials directly
• Allowing access via the third-party service

By linking accounts:

• You grant access to profile info and permissions per your settings
• You're responsible for maintaining access and understanding limitations
• The relationship with third-party providers is governed by your agreements with them

14. Third-Party Websites and Content

The Services may include links or content from third parties. Important notes:

• We don't monitor or endorse third-party content or websites
• We're not responsible for their accuracy, policies, or practices
• Accessing third-party sites is at your own risk
• You should review their terms and privacy policies
• Purchases made through third-party sites are solely between you and them

15. Services Management

We reserve the right to:

• Monitor for violations
• Take legal action against violators
• Restrict or disable access to content
• Remove files that burden our systems
• Manage the Services to protect rights and ensure proper function

16. Privacy Policy

We prioritize data privacy and security. By using the Services:

• You agree to our Privacy Policy
• Services are hosted in the U.S.
• If accessing from other regions, you consent to data transfer and processing in the U.S.

17. Term and Termination

These Legal Terms remain in effect while you use the Services. We may:

• Deny access to anyone for any reason
• Terminate accounts or delete content without notice
• Prohibit re-registration under any name
• Pursue legal action including civil, criminal, or injunctive relief

18. Modifications and Interruptions

We may:

• Modify or remove content at any time
• Discontinue or suspend Services without notice
• Experience downtime due to maintenance or issues
• Not be liable for any loss or inconvenience caused by interruptions

19. Governing Law

These Legal Terms are governed by the laws of the State of Georgia, applicable to agreements made and performed within Georgia, without regard to conflict of law principles.

20. Dispute Resolution

Binding Arbitration: If informal negotiations fail, disputes will be resolved by binding arbitration under AAA rules. You waive your right to sue in court or have a jury trial. Arbitration will be:

• Conducted by one arbitrator
• Held in Atlanta, Georgia
• Limited to individual claims
• Governed by U.S. and Georgia law

Restrictions

• No class-action arbitration
• No representative claims
• Arbitration limited to individual disputes

Exceptions to Arbitration

Disputes not subject to arbitration include:

• Intellectual property enforcement
• Theft, piracy, invasion of privacy, unauthorized use
• Claims for injunctive relief

If any part of this provision is unenforceable, disputes will be handled in Georgia courts.

21. Corrections

We may correct errors, inaccuracies, or omissions in the Services at any time without prior notice.

22. Disclaimer

The Services are provided "as-is" and "as-available." We disclaim all warranties, including:

• Accuracy of content
• Personal injury or property damage from use
• Unauthorized access to secure servers or data
• Service interruptions
• Malware or harmful transmissions
• Errors or omissions in content or materials

23. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100 USD.

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

24. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

• Use of the Services
• Breach of these Legal Terms
• Breach of your representations and warranties in these Legal Terms
• Violation of third-party rights, including intellectual property
• Any overt harmful act toward another user of the Services

We reserve the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification upon becoming aware of it.

25. User Data

We will maintain certain data that you transmit to the Services for managing performance, as well as data related to your usage. Although we perform routine backups, you are solely responsible for all data you transmit or that relates to your activity on the Services.

You agree that:

• We have no liability for any loss or corruption of such data
• You waive any right of action against us arising from such loss or corruption

26. Electronic Communications, Transactions, and Signatures

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically—via email and on the Services—satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, unless such laws mandate otherwise.

27. SMS Text Messaging

You consent to receive SMS text messages from KeyMik™'s messaging program. These messages may include:

• Account alerts
• Appointment reminders
• Marketing communications
• Order updates
• Responses to inquiries
• Special offers

28. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at: 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at: (800) 952-5210.

29. Miscellaneous

These Legal Terms constitute the entire agreement between you and us. Our failure to enforce any right or provision shall not be deemed a waiver of such right or provision.

If any provision is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of remaining provisions.

No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms or use of the Services.

You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties to execute these Legal Terms.

30. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

KeyMik™ LLC, 3355 Lenox Rd NE, Atlanta, GA 30326, United States. Phone: 470-824-8084. Email: contact@keymik.com.