Last updated: June 25, 2026
Agreement to Our Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and KeyMik® LLC ("KeyMik®," "Company," "we," "us," or "our") governing your access to and use of the KeyMik® website, platform, applications, software, marketplaces, products, services, content, and related offerings (collectively, the "Services").
By accessing, browsing, registering for an account, submitting an application, purchasing a subscription, participating in a campaign, joining a marketplace, clicking "I Agree," or otherwise using any portion of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you must immediately discontinue use of the Services.
Certain Services may require acceptance of additional agreements, policies, campaign terms, statements of work, insertion orders, or marketplace-specific terms. In the event of a conflict between these Terms and a service-specific agreement, the service-specific agreement shall govern with respect to the applicable Service.
By using the Services, you further consent to electronic communications, electronic records, and electronic signatures as permitted under applicable law, including the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Uniform Electronic Transactions Act (UETA).
These Terms of Service ("Terms") constitute a legally binding agreement between you and KeyMik® LLC ("KeyMik®," "Company," "we," "us," or "our") governing your access to and use of the KeyMik® website, platform, applications, software, marketplaces, products, services, content, and related offerings (collectively, the "Services").
By accessing, browsing, registering for an account, submitting an application, purchasing a subscription, participating in a campaign, joining a marketplace, clicking "I Agree," or otherwise using any portion of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.
If you do not agree to these Terms, you must immediately discontinue use of the Services.
Certain Services may require acceptance of additional agreements, policies, campaign terms, statements of work, insertion orders, or marketplace-specific terms. In the event of a conflict between these Terms and a service-specific agreement, the service-specific agreement shall govern with respect to the applicable Service.
By using the Services, you further consent to electronic communications, electronic records, and electronic signatures as permitted under applicable law, including the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Uniform Electronic Transactions Act (UETA).
To access certain Services, you may be required to create an account and provide accurate, complete, and current information.
By registering for an account, you represent and warrant that: (a) You are at least eighteen (18) years of age or the age of majority in your jurisdiction; (b) You possess the legal capacity and authority to enter into binding agreements; (c) All information provided to KeyMik® is accurate, complete, and truthful; (d) Your use of the Services does not violate any applicable law, regulation, contractual obligation, or third-party right.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account. You agree to immediately notify KeyMik® of any unauthorized access, security breach, or suspected misuse of your account.
KeyMik® reserves the right to refuse registration, verify account information, request additional documentation, suspend accounts, or terminate accounts at its sole discretion.
You may not:
KeyMik® may require identity verification, business verification, tax documentation, payment verification, or other compliance measures before granting access to certain Services or marketplace features.
KeyMik® is a software-as-a-service (SaaS) platform and marketing services provider that connects brands, advertisers, creators, influencers, affiliates, agencies, vendors, business partners, and other marketplace participants through technology-enabled marketing, partnership, and campaign management solutions.
The Services may include, without limitation:
KeyMik® may provide technology tools, dashboards, analytics, communication tools, automation tools, payment tools, campaign management tools, and marketplace functionality designed to facilitate interactions among marketplace participants. KeyMik® may also provide managed marketing services directly to clients.
The Services may be modified, updated, suspended, restricted, or discontinued at any time without liability. KeyMik® does not guarantee that any particular feature, functionality, campaign opportunity, lead, partnership opportunity, or marketplace offering will remain available.
KeyMik® operates one or more online marketplaces that facilitate interactions between brands, advertisers, creators, influencers, affiliates, agencies, vendors, business partners, and other third parties (collectively, "Marketplace Participants").
KeyMik® provides technology, software, communication tools, campaign management tools, analytics, payment processing integrations, and related services that enable Marketplace Participants to connect and conduct business.
Unless expressly stated otherwise in a separate written agreement, KeyMik® acts solely as a technology platform and marketplace facilitator. KeyMik® is not an employer, agent, representative, broker, joint venture partner, or legal representative of any Marketplace Participant.
KeyMik® is not a party to contracts, sponsorship agreements, endorsement agreements, campaign agreements, partnership arrangements, referral agreements, or other transactions entered into between Marketplace Participants.
KeyMik® does not guarantee:
Each Marketplace Participant is solely responsible for evaluating, negotiating, performing, and enforcing its own business relationships and agreements.
KeyMik® reserves the right, at its sole discretion, to approve, reject, suspend, restrict, remove, investigate, or terminate any Marketplace Participant, listing, campaign, account, content, transaction, or marketplace activity at any time and for any lawful reason.
Marketplace Participants assume all risks associated with marketplace activities, including business, financial, legal, regulatory, and reputational risks. KeyMik® shall not be liable for disputes, losses, damages, claims, non-performance, payment disputes, intellectual property disputes, or other issues arising between Marketplace Participants.
Creators, influencers, content publishers, ambassadors, and other content-producing users ("Creators") may register for Creator Accounts to participate in campaigns, collaborations, sponsorships, affiliate programs, and other marketplace opportunities.
By creating a Creator Account, you represent and warrant that: (a) All information submitted to KeyMik® is accurate, complete, and current; (b) You own or control all rights necessary to publish and distribute your content; (c) Your content does not infringe the intellectual property, privacy, publicity, or other rights of any third party; (d) You will comply with all applicable laws, regulations, advertising standards, and platform requirements.
Registration as a Creator does not guarantee campaign invitations, sponsorship opportunities, collaborations, compensation, revenue, future work, or continued participation in the marketplace. Advertisers retain sole discretion regarding campaign selection, creator approval, campaign budgets, and sponsorship decisions.
Creators are solely responsible for ensuring compliance with all applicable advertising, endorsement, and disclosure laws, including Federal Trade Commission (FTC) guidelines and similar regulations in applicable jurisdictions. Where required by law, Creators must clearly and conspicuously disclose material relationships with advertisers, sponsors, brands, or affiliates.
Creators remain solely responsible for the content they create, publish, distribute, or promote through the Services. By uploading or submitting content through the Services, Creators grant KeyMik® a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, display, reproduce, distribute, promote, and use such content solely for operating, marketing, improving, and administering the Services.
KeyMik® reserves the right to review, reject, suspend, remove, demonetize, or restrict any Creator Account, content, campaign participation, or marketplace activity that violates these Terms, applicable laws, marketplace policies, advertiser requirements, or community standards.
Brands, advertisers, agencies, businesses, organizations, and other entities seeking to engage Creators, Affiliates, Influencers, or other Marketplace Participants ("Advertisers") may register for Advertiser Accounts.
Advertisers are responsible for ensuring that all campaigns, advertisements, offers, promotions, products, services, claims, and marketing materials comply with all applicable laws, regulations, industry standards, and advertising requirements.
Advertisers represent and warrant that they possess all rights, licenses, permissions, approvals, and authority necessary to conduct campaigns and use all submitted materials, trademarks, logos, content, and intellectual property.
Advertisers are solely responsible for:
KeyMik® does not guarantee:
Marketing outcomes may vary significantly based on numerous factors beyond KeyMik®'s control.
Advertisers are responsible for timely payment of all fees, subscriptions, campaign costs, commissions, marketplace fees, platform fees, service fees, and other amounts owed under the applicable agreement.
KeyMik® reserves the right to reject, suspend, modify, pause, remove, or terminate campaigns, advertisements, accounts, or marketplace activities that violate these Terms, applicable laws, marketplace policies, intellectual property rights, or community standards.
Participation in the marketplace may also require acceptance of the KeyMik® Advertiser Marketplace Agreement, campaign-specific terms, insertion orders, statements of work, or other supplemental agreements.
Individuals and entities participating in the KeyMik® Affiliate Marketplace ("Affiliates") may promote approved products, services, campaigns, subscriptions, offers, and marketplace opportunities through unique affiliate links, referral codes, tracking methods, or other approved promotional tools.
Participation in the Affiliate Marketplace is subject to approval by KeyMik® and may require acceptance of the KeyMik® Affiliate Marketplace Agreement and other supplemental program policies.
Affiliates agree to:
Affiliates may not:
Affiliate commissions, payout eligibility, commission rates, payment schedules, chargebacks, reversals, forfeitures, and program requirements shall be governed by the applicable Affiliate Marketplace Agreement and Program Policies.
KeyMik® reserves the right to investigate affiliate activity and may suspend, withhold, reverse, adjust, or deny commissions if fraud, abuse, chargebacks, policy violations, suspicious activity, or other improper conduct is suspected.
Participation in the Affiliate Marketplace does not guarantee earnings, commissions, referrals, campaign opportunities, or future participation.
Businesses, agencies, consultants, contractors, suppliers, vendors, service providers, technology providers, strategic partners, referral partners, and other organizations may participate in the Services through Partner or Vendor Accounts.
Participation may require additional review, verification, onboarding procedures, agreements, statements of work, purchase orders, service agreements, or partnership documentation.
Partners and Vendors represent and warrant that: (a) They possess all licenses, permits, registrations, certifications, and authorizations necessary to perform their services; (b) They have the legal authority to enter into binding agreements; (c) Their products, services, content, and activities comply with all applicable laws and regulations; (d) Information provided to KeyMik® is accurate, complete, and current.
Partners and Vendors are solely responsible for:
Nothing contained in these Terms shall create an employment relationship, partnership, joint venture, franchise, fiduciary relationship, or agency relationship between KeyMik® and any Partner or Vendor. Partners and Vendors shall act solely as independent contractors unless otherwise agreed in writing.
KeyMik® reserves the right to approve, reject, suspend, limit, or terminate any Partner or Vendor Account at its sole discretion.
Additional rights, obligations, payment terms, confidentiality requirements, intellectual property provisions, service standards, and performance requirements may be governed by separate agreements, including the KeyMik® Partner, Vendor & Services Agreement.
Certain Services are offered through subscription-based software-as-a-service ("SaaS") plans that provide access to platform features, tools, dashboards, analytics, communication systems, campaign management tools, marketplace functionality, automation features, and related services.
Subject to compliance with these Terms, KeyMik® grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business or personal purposes.
Subscription plans, features, pricing, usage limits, functionality, and service offerings may vary and are subject to change at any time. Unless otherwise stated, subscriptions automatically renew for successive billing periods until canceled.
You authorize KeyMik® and its payment providers to charge your designated payment method for all subscription fees, recurring fees, taxes, and applicable charges. You are responsible for maintaining valid payment information at all times.
Failure to maintain valid payment information may result in:
KeyMik® reserves the right to modify subscription fees, platform features, usage limits, pricing structures, or available functionality upon reasonable notice. Users are responsible for ensuring that their devices, internet access, software, and systems are compatible with the Services.
KeyMik® does not guarantee uninterrupted or error-free access to the Services and may perform maintenance, upgrades, updates, security enhancements, or service modifications that temporarily affect availability.
All software, technology, functionality, algorithms, interfaces, designs, workflows, dashboards, reports, and platform features remain the exclusive property of KeyMik® and its licensors.
Users may not:
KeyMik® reserves the right to suspend or terminate platform access for violations of these Terms, non-payment, security concerns, abuse, fraud, excessive resource usage, or other legitimate business reasons.
Certain Services offered by KeyMik® require payment of subscription fees, service fees, campaign fees, marketplace fees, platform fees, advertising fees, management fees, transaction fees, commissions, or other charges. By purchasing or subscribing to any paid Service, you agree to pay all applicable fees and charges associated with your account.
All fees are stated in U.S. Dollars unless otherwise specified and are exclusive of applicable taxes, duties, levies, or governmental charges, which remain your responsibility.
Payments may be processed through third-party payment processors, including but not limited to Stripe, PayPal, ACH providers, banking partners, and other approved payment providers. You authorize KeyMik® and its payment providers to charge your selected payment method for all amounts due, including recurring subscription fees and applicable taxes.
Unless otherwise stated:
Failure to make timely payments may result in:
KeyMik® reserves the right to modify pricing, fees, billing structures, subscription plans, or payment terms at any time upon reasonable notice. Except where required by law or expressly stated in a separate written agreement, all payments are non-refundable.
KeyMik® reserves the right to recover unpaid balances, collection costs, chargeback fees, legal fees, and related expenses arising from non-payment.
The Services may facilitate campaigns, sponsorships, endorsements, collaborations, promotional activities, affiliate offers, advertising campaigns, influencer campaigns, and other marketplace transactions between Marketplace Participants.
KeyMik® provides technology and marketplace functionality designed to facilitate these activities but does not guarantee the success, performance, completion, or outcome of any campaign or transaction. Unless expressly stated otherwise in a separate written agreement, KeyMik® is not a party to agreements entered into between Marketplace Participants.
Marketplace Participants are solely responsible for:
Advertisers are solely responsible for campaign objectives, promotional claims, product compliance, marketing materials, budgets, and legal obligations. Creators, influencers, affiliates, and other participants are solely responsible for content creation, performance obligations, disclosures, audience engagement, and compliance with applicable advertising laws.
KeyMik® reserves the right to review, approve, reject, suspend, modify, remove, pause, or terminate any campaign, sponsorship, offer, promotion, advertisement, listing, transaction, or marketplace activity that violates these Terms, applicable laws, intellectual property rights, marketplace policies, community standards, or advertiser requirements.
KeyMik® shall not be liable for disputes between Marketplace Participants, including disputes relating to performance, compensation, deliverables, intellectual property, content ownership, campaign outcomes, sponsorship obligations, or payment obligations. Marketplace Participants assume all risks associated with participating in campaigns, sponsorships, and marketplace transactions.
Certain Services may allow users to earn referral fees, commissions, revenue shares, bonuses, incentives, campaign earnings, sponsorship payments, affiliate payouts, creator compensation, or other marketplace earnings.
Eligibility for commissions, payouts, referral fees, revenue sharing, and incentive programs is subject to the applicable supplemental agreement, including but not limited to the Affiliate Marketplace Agreement, Creator Marketplace Agreement, Advertiser Marketplace Agreement, Partner & Vendor Agreement, campaign terms, or program policies.
Unless otherwise specified:
KeyMik® reserves the right to withhold, delay, adjust, reverse, offset, cancel, deny, or recover commissions, payouts, or earnings arising from:
Participation in any referral, affiliate, creator, advertiser, incentive, commission, or revenue-sharing program does not guarantee earnings or future opportunities. Users are solely responsible for all taxes, reporting obligations, banking information, payment account information, and legal obligations associated with payouts received through the Services.
KeyMik® may require identity verification, tax documentation, business verification, payment verification, or additional compliance procedures before issuing any payout.
Any payout dispute must be submitted in writing within thirty (30) days of the applicable transaction or payout date. Failure to timely dispute a payout shall constitute acceptance of the payment calculation and payout determination. All payout determinations made by KeyMik® in accordance with applicable agreements and program policies shall be final unless otherwise required by law.
The Services may allow users to create, upload, submit, publish, transmit, display, distribute, store, or otherwise make available content, including but not limited to text, images, videos, audio recordings, graphics, comments, reviews, advertisements, campaign materials, social media content, trademarks, logos, marketing materials, and other information ("User Content").
You retain ownership of your User Content. However, by submitting, uploading, publishing, or providing User Content through the Services, you grant KeyMik® a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, display, distribute, modify for formatting purposes, publish, promote, market, and otherwise use such User Content in connection with operating, maintaining, improving, promoting, and providing the Services.
You represent and warrant that: (a) You own or control all rights necessary to submit and use the User Content; (b) Your User Content does not infringe any copyright, trademark, patent, trade secret, privacy right, publicity right, or other proprietary right of any third party; (c) Your User Content complies with all applicable laws, regulations, platform policies, and community standards; (d) You have obtained all necessary permissions, licenses, releases, and consents required for the use of the User Content.
You are solely responsible for all User Content that you submit, publish, distribute, or otherwise make available through the Services. KeyMik® does not endorse, verify, monitor, or guarantee the accuracy, legality, reliability, quality, or completeness of User Content.
KeyMik® reserves the right, but has no obligation, to review, monitor, edit, remove, restrict, reject, disable access to, or investigate any User Content at any time and for any reason. You acknowledge that User Content may be viewed, shared, copied, downloaded, or redistributed by other users or third parties, and KeyMik® shall not be responsible for such actions.
KeyMik® may remove User Content that it determines, in its sole discretion, violates these Terms, applicable laws, intellectual property rights, community standards, advertiser requirements, or marketplace policies.
The Services, including all software, source code, object code, databases, technology, designs, user interfaces, workflows, graphics, logos, trademarks, service marks, trade names, text, content, features, functionality, documentation, and other materials provided by KeyMik® (collectively, the "KeyMik® Intellectual Property"), are owned by or licensed to KeyMik® and are protected by intellectual property, copyright, trademark, patent, trade secret, and other applicable laws.
Except as expressly authorized in writing, no portion of the Services or KeyMik® Intellectual Property may be copied, reproduced, modified, distributed, displayed, transmitted, sold, licensed, reverse engineered, decompiled, leased, rented, republished, or otherwise exploited.
Subject to compliance with these Terms, KeyMik® grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services solely for their intended purpose. No rights or licenses are granted except those expressly stated in these Terms.
KeyMik®, its logos, trademarks, service marks, trade names, brand elements, and related intellectual property are the exclusive property of KeyMik® and may not be used without prior written consent. Any unauthorized use of KeyMik® Intellectual Property may result in suspension or termination of access to the Services and may subject the offending party to legal action.
If you provide suggestions, ideas, recommendations, feedback, enhancement requests, or other submissions regarding the Services ("Feedback"), you grant KeyMik® a perpetual, irrevocable, worldwide, royalty-free right to use, modify, commercialize, and incorporate such Feedback without restriction, compensation, or attribution.
Nothing in these Terms transfers ownership of any KeyMik® Intellectual Property to any user, creator, advertiser, affiliate, vendor, partner, or third party.
Users participating in advertising, sponsorships, endorsements, affiliate marketing, influencer marketing, product promotions, reviews, testimonials, or other compensated promotional activities through the Services must comply with all applicable advertising, consumer protection, and disclosure laws, including the Federal Trade Commission ("FTC") Endorsement Guides and any similar laws or regulations applicable in their jurisdiction.
Creators, influencers, affiliates, ambassadors, publishers, advertisers, and other Marketplace Participants must clearly and conspicuously disclose any material connection between themselves and a brand, advertiser, sponsor, merchant, affiliate program, or promotional campaign.
Required disclosures may include, without limitation:
Disclosures must be made in a manner that is clear, conspicuous, understandable, and reasonably noticeable to consumers. Marketplace Participants are solely responsible for ensuring compliance with all applicable disclosure requirements and advertising regulations.
KeyMik® does not provide legal advice regarding advertising compliance and makes no representation that any disclosure language, campaign structure, or promotional activity satisfies legal requirements.
Failure to comply with applicable disclosure requirements may result in:
Each Marketplace Participant agrees to indemnify and hold harmless KeyMik® from any claims, investigations, penalties, fines, liabilities, damages, or regulatory actions arising from their failure to comply with applicable advertising, endorsement, disclosure, or consumer protection laws.
Certain Services may incorporate artificial intelligence, machine learning, automation technologies, predictive analytics, recommendation engines, content generation tools, chatbot functionality, or similar technologies ("AI Services").
AI Services are provided solely for informational, educational, operational, or productivity purposes and should not be relied upon as professional, legal, financial, tax, medical, employment, compliance, or business advice.
You acknowledge and agree that AI-generated outputs may:
You are solely responsible for reviewing, evaluating, verifying, and validating all AI-generated outputs before relying on, publishing, distributing, implementing, or acting upon them.
KeyMik® makes no representations or warranties regarding:
Users may not use AI Services to:
KeyMik® reserves the right to monitor, restrict, suspend, modify, or discontinue AI Services at any time without notice. To the maximum extent permitted by law, KeyMik® shall not be liable for any decisions, actions, losses, damages, claims, liabilities, or consequences arising from the use of AI Services or reliance upon AI-generated outputs.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not use the Services to engage in, facilitate, promote, or support any activity that is unlawful, fraudulent, harmful, deceptive, abusive, or otherwise prohibited.
Without limitation, you agree not to:
Users may not upload, publish, distribute, transmit, or promote content that:
KeyMik® reserves the right, at its sole discretion, to investigate suspected violations and take any action deemed necessary, including:
Violations of this Acceptable Use Policy may result in immediate suspension or termination of access to the Services without prior notice.
The Services may integrate with, connect to, link to, or otherwise interact with third-party websites, platforms, applications, software, payment processors, advertising networks, social media platforms, artificial intelligence providers, communication services, analytics providers, cloud infrastructure providers, and other third-party services ("Third-Party Services").
Examples may include payment processors, social media platforms, email service providers, analytics tools, advertising platforms, CRM systems, cloud hosting providers, artificial intelligence providers, and communication services. Third-Party Services are owned, operated, and controlled by independent third parties and are not under the control of KeyMik®.
KeyMik® does not endorse, guarantee, warrant, or assume responsibility for:
Your use of Third-Party Services is governed exclusively by the terms, conditions, policies, and agreements of the applicable third party. KeyMik® shall not be responsible or liable for any loss, damage, interruption, delay, security breach, data loss, unauthorized access, service outage, payment failure, content issue, or dispute arising from or related to any Third-Party Service.
You acknowledge that Third-Party Services may change, suspend, discontinue, restrict, or modify their functionality at any time and that such actions may impact the availability or operation of certain features of the Services.
KeyMik® reserves the right to add, remove, replace, modify, or discontinue integrations with Third-Party Services at any time without liability. Your interactions with any third party are solely between you and the applicable third party. KeyMik® is not responsible for monitoring, enforcing, or resolving disputes between users and third-party providers.
Your privacy is important to KeyMik®. Our collection, use, storage, disclosure, and processing of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
By accessing or using the Services, you acknowledge that KeyMik® may collect, process, store, transfer, and use personal information and business information in accordance with our Privacy Policy and applicable laws.
Depending on the Services used, KeyMik® may collect:
Users are responsible for ensuring that any personal information, customer data, prospect data, lead data, campaign data, or other information submitted through the Services is collected and processed lawfully. Where required by law, users shall obtain all necessary consents, permissions, notices, and authorizations before submitting personal information to the Services.
If you provide personal information relating to another individual, you represent and warrant that you have the legal authority to do so.
KeyMik® may utilize third-party service providers, cloud infrastructure providers, payment processors, communication providers, analytics providers, artificial intelligence providers, and other vendors to operate the Services. You acknowledge that information may be processed, stored, or transferred within the United States and other jurisdictions where KeyMik®, its affiliates, or service providers operate.
Users are responsible for complying with all applicable privacy, data protection, consumer protection, and marketing laws, including those relating to consent, notice, data security, and communications. Nothing in these Terms shall be interpreted as creating a data processing agreement, business associate agreement, or similar regulated relationship unless expressly agreed in writing by the parties.
By creating an account, submitting a form, requesting information, participating in a campaign, purchasing a product or service, joining a marketplace, subscribing to communications, or otherwise interacting with the Services, you expressly consent to receive communications from KeyMik®, its affiliates, service providers, business partners, advertisers, vendors, and authorized representatives.
Such communications may include:
Communications may be delivered through:
Your consent to receive transactional and account-related communications is a condition of using certain Services. Marketing communications are voluntary and may be withdrawn at any time by using available unsubscribe mechanisms or by contacting KeyMik® directly, except where communications are necessary to administer your account, fulfill contractual obligations, comply with legal requirements, or provide requested Services.
Message and data rates may apply. Frequency of messages may vary. KeyMik® does not guarantee the availability, delivery, timing, or accuracy of communications transmitted through third-party carriers, telecommunications providers, email providers, or messaging services.
Users agree to maintain accurate and current contact information and are responsible for updating their account information promptly. Nothing in this section shall limit any rights or obligations imposed by applicable laws, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, state privacy laws, or similar regulations.
KeyMik® reserves the right, at its sole discretion and without liability, to suspend, restrict, disable, limit, investigate, or terminate any account, campaign, marketplace participation, subscription, service, content, transaction, commission eligibility, payout eligibility, or access to the Services at any time.
Without limiting the foregoing, KeyMik® may take such action if:
KeyMik® may investigate suspected violations and cooperate with law enforcement agencies, regulators, courts, governmental authorities, payment processors, advertisers, business partners, and other third parties as permitted by law.
Users may terminate their account at any time by discontinuing use of the Services and following applicable account closure procedures. Termination or suspension shall not relieve any party of obligations accrued prior to termination, including payment obligations, confidentiality obligations, indemnification obligations, intellectual property obligations, or dispute resolution obligations.
Upon termination, KeyMik® may:
KeyMik® shall not be liable for any losses, damages, lost profits, lost opportunities, lost commissions, loss of content, loss of data, or other consequences resulting from account suspension, restriction, investigation, or termination. Sections that by their nature should survive termination shall remain in effect following termination of these Terms.
THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEYMIK®, ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, PARTNERS, SERVICE PROVIDERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, KEYMIK® DOES NOT WARRANT THAT:
KeyMik® makes no guarantee regarding:
Users assume all risks associated with their use of the Services and any decisions made based upon information, content, reports, analytics, recommendations, marketplace opportunities, campaigns, or communications obtained through the Services. No oral or written information provided by KeyMik® shall create any warranty not expressly stated in these Terms.
Certain jurisdictions do not permit the exclusion of certain warranties. In such jurisdictions, the foregoing exclusions shall apply to the maximum extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEYMIK®, ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY. THIS LIMITATION APPLIES EVEN IF KEYMIK® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, KEYMIK® SHALL NOT BE LIABLE FOR:
IN NO EVENT SHALL KEYMIK®'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES EXCEED THE GREATER OF: (a) ONE HUNDRED U.S. DOLLARS ($100.00 USD); OR (b) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO KEYMIK® DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. MULTIPLE CLAIMS SHALL NOT EXPAND THIS LIABILITY CAP.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless KeyMik® LLC, its parent companies, subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, service providers, successors, and assigns (collectively, the "KeyMik® Indemnified Parties") from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, settlements, penalties, fines, costs, expenses, and reasonable attorneys' fees arising out of or relating to:
KeyMik® reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you agree to cooperate fully with KeyMik® in asserting any available defenses.
You may not settle any claim subject to indemnification without KeyMik®'s prior written consent if the settlement:
The indemnification obligations contained in this Section shall survive termination of your account, participation in the Services, and these Terms.
These Terms, the Services, and any dispute, claim, controversy, or cause of action arising out of or relating to the Services, these Terms, or the relationship between you and KeyMik® shall be governed by and construed in accordance with the laws of the State of Georgia, United States of America, without regard to any conflict of law principles that would require application of the laws of another jurisdiction.
The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms or the Services.
Except where otherwise required by applicable law or expressly provided in these Terms, all matters arising from or relating to the Services shall be resolved in accordance with the dispute resolution procedures set forth below.
Nothing in these Terms shall prevent KeyMik® from seeking equitable, injunctive, or provisional relief in any court of competent jurisdiction to protect its intellectual property rights, confidential information, business interests, or other legal rights.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
By using the Services, you and KeyMik® agree that any dispute, claim, controversy, or cause of action arising out of or relating to these Terms, the Services, your account, marketplace participation, subscriptions, campaigns, commissions, transactions, communications, or relationship with KeyMik® shall be resolved exclusively through final and binding arbitration, except as otherwise provided herein.
This arbitration agreement shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1 et seq. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules then in effect. The arbitration shall be conducted before a single neutral arbitrator.
Unless otherwise agreed by the parties, the arbitration shall take place in Atlanta, Georgia, United States of America. The arbitrator may conduct proceedings in person, by video conference, by telephone, or through written submissions where appropriate.
The arbitrator shall have exclusive authority to resolve any dispute relating to:
The arbitrator may award any remedy available under applicable law that would otherwise be available in court, subject to the limitations contained in these Terms. The arbitrator shall issue a written decision stating the essential findings and conclusions supporting the award. Judgment upon any arbitration award may be entered and enforced in any court of competent jurisdiction.
Each party shall bear its own attorneys' fees and costs unless otherwise awarded by the arbitrator or required by applicable law. Nothing in this Section shall prevent KeyMik® from seeking temporary, preliminary, or permanent injunctive relief in a court of competent jurisdiction to protect its intellectual property rights, confidential information, security interests, or proprietary rights.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND KEYMIK® AGREE THAT ALL CLAIMS AND DISPUTES SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR PARTICIPANT IN ANY CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, MASS ACTION, OR REPRESENTATIVE PROCEEDING.
YOU EXPRESSLY WAIVE ANY RIGHT TO:
The arbitrator shall have no authority to:
If any portion of this Class Action Waiver is determined to be invalid or unenforceable, then such portion shall be severed and the remaining provisions shall remain in full force and effect to the maximum extent permitted by law. The parties acknowledge that this Class Action Waiver is a material and essential basis of the agreement to use arbitration instead of litigation.
KeyMik® shall not be liable for any delay, interruption, degradation, suspension, failure, or inability to perform any obligation under these Terms to the extent caused by circumstances beyond its reasonable control.
Force majeure events may include, without limitation:
During any force majeure event, KeyMik® may suspend, delay, modify, or limit the Services without liability. KeyMik® shall use commercially reasonable efforts to mitigate the effects of a force majeure event and resume normal operations as soon as reasonably practicable.
Nothing in this Section shall require KeyMik® to settle labor disputes or litigation on terms it does not deem appropriate. The obligations of the affected party shall be suspended for the duration of the force majeure event and for a reasonable recovery period thereafter.
You acknowledge and agree that your use of the Services constitutes your electronic signature and your intent to be legally bound by these Terms and any related agreements.
Without limitation, the following actions constitute a legally binding electronic signature:
You agree that electronic records, electronic signatures, electronic contracts, and electronic communications satisfy any legal requirement that such records be in writing. To the fullest extent permitted by law, you waive any objection to the enforceability or admissibility of electronic records, electronic signatures, electronic agreements, or electronically stored information.
You further agree that KeyMik® may retain electronic records of your acceptance of these Terms and any related agreements, and such records shall be deemed conclusive evidence of your acceptance.
Certain Services offered by KeyMik® may be subject to additional agreements, policies, guidelines, program rules, campaign terms, statements of work, insertion orders, marketplace policies, or other supplemental terms (collectively, "Supplemental Agreements").
Supplemental Agreements may include, without limitation:
By participating in a specific Service, campaign, marketplace, or program, you agree to be bound by any applicable Supplemental Agreements. In the event of a conflict between these Terms and a Supplemental Agreement, the Supplemental Agreement shall govern solely with respect to the applicable Service, campaign, program, or transaction.
KeyMik® reserves the right to require acceptance of additional agreements as a condition of accessing certain Services, features, campaigns, marketplace opportunities, or payment programs.
KeyMik® reserves the right to modify, update, amend, replace, or discontinue these Terms at any time in its sole discretion.
When material changes are made, KeyMik® may provide notice through one or more of the following methods:
Unless otherwise stated, revised Terms shall become effective immediately upon posting. Your continued use of the Services following the effective date of revised Terms constitutes your acceptance of the updated Terms.
If you do not agree to any modifications, your sole remedy is to discontinue use of the Services and terminate your account, subject to any obligations accrued prior to termination. KeyMik® encourages users to review these Terms periodically to remain informed of updates and changes.
If you have questions regarding these Terms, the Services, your account, marketplace participation, privacy practices, intellectual property matters, legal notices, or compliance issues, you may contact KeyMik® using the information below:
KeyMik® LLC, 3355 Lenox Road NE, Suite 750, Atlanta, Georgia 30326, United States of America.
Email: legal@keymik.com. General Support: support@keymik.com. Affiliate Support: affiliates@keymik.com. Website: www.keymik.com
Official notices to KeyMik® relating to legal claims, disputes, intellectual property matters, subpoenas, arbitration demands, or other legal proceedings must be delivered in writing to the address above. Electronic communications may be accepted for general inquiries; however, KeyMik® reserves the right to require formal written notice for legal matters where permitted by law.