Thank you for using KeyNIE services. These terms of service (the “Terms”) govern your access to and use of the KeyNIE products, software, and services via our websites and mobile applications. This is a legal agreement between you and KeyNIE, so please read the Terms carefully before using the Services. Services include online, mobile, telephonic, software or other electronic services or support in connection with KeyNIE technology but, for the avoidance of doubt, Services are not restricted to the aforesaid and shall also include any other services provided by or in connection with any other products offered by KeyNIE.
KeyNIE and its subsidiaries and affiliates (“KeyNIE” or “us” or “we” or “our”), provides services via our website located at www.keynie.com or the KeyNIE mobile applications (the “Application(s)”). Both the website and the Application shall be hereinafter referred to as the “Site“. The Site (including all related software that we provide), together with all services that we may provide via the Site shall be known as the “Services.” Data from hardware containing our technology that you buy from us or our partners (“Device(s)”) will be uploaded to the Services. The hardware you purchase from us is not usable without your accessing the Services. Once enabled, the Services include online storage of your personal data, and the ability to manage and share your data.
By clicking “I Agree” on the Site, setting up a user account, or by accessing and using the Services (including the Site and Application), you are accepting and agreeing to these Terms on behalf of yourself or the entity you represent in connection with the access. You represent and warrant that you have the right, authority, and capacity to accept and agree to these Terms on behalf of yourself or the entity you represent. You represent that you are of sufficient legal age in your jurisdiction or residence to use or access the services and to enter into this agreement. If you do not comply with the above statements or disagree with any of the provisions of these Terms, you should disconnect your Devices and cease accessing or using the Services.
These Terms govern your use of the Services. Your purchase of any Device is governed by the limited warranty provided with that Device and by the applicable terms and conditions of sale. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features. By using the Services, you are agreeing to any applicable Limited Warranty and End User License Agreement.
To access the Services, you must register for a user account on the Service. The information you provide in the account registration form (the “Registration Information”) must be accurate and complete. You agree to update the Registration Information as necessary, including your correct email address, so we may send you notifications and other account-related communications. Your account is subject, in our sole discretion, to termination or suspension at any time.
We reserve the right to refuse any order you place with us. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
The Services are designed to be used in connection with a Device containing our technology (e.g. a KeyNIE Smart Lock), which you may purchase from us or one of our partners.
Subject to these Terms, KeyNIE grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services by (i) using the Site in connection with, and solely for the purpose of, controlling and monitoring the Devices installed on your property, or that you have been validly authorized to access, or to otherwise access a service explicitly provided by KeyNIE for your use, and (ii) installing and using the Applications solely on your own handheld mobile device (e.g., iPhone, iPad, or Android smartphone) and solely for the purposes set forth in (i) above. You agree to comply with all instructions, usage rules and documentation that we may provide from time to time with respect to the Service.
Please note that we may from time to time update the Services, including without limitation, by providing bug fixes, new functionality or modifications (collectively “Updates”), and that these may occur automatically without additional notice. You hereby consent to these Updates. If you do not, please stop using the Services. We may also ask you to install Updates yourself, and you agree to do so promptly. Updates are subject to these Terms together with any additional terms that may be provided with such Update. Your continued use of the Service is your agreement to all such additional terms.
Certain materials may be displayed or performed on the Services (including, but not limited to text, data, graphics, images, video, audio and other material (collectively “Content”). The Content is protected by copyright laws in India and elsewhere. The Content may be owned by us or others, including other users of the Services, or our partners, sponsors or affiliates. Use of the Services does not confer ownership rights to the Content. You may only use the Content as permitted in these Terms. We do not accept any responsibility or liability for any content posted by third parties on the Services, including content posted by other members (“Third Party Content”). Except as may be expressly agreed by us, you may use the Content solely for your personal, non-commercial use in connection with the Services, and may not distribute, modify or make derivative works of any Content.
You are solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, or that you contribute in any manner to the Services; you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it; and you license to KeyNIE all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for use and publication on the Service pursuant to these Terms.
We reserve all rights in the Service and Content not expressly granted to you by these Terms. We reserve the right to remove any Content from the Service at any time for any reason (including, without limitation intellectual property claims) or no reason at all.
As used in these Terms a “guest” is any person or entity that is given authorization by the owner or controller of a Device to use the Device or Services related to the Device. Be careful to only invite trusted guests; by inviting someone to be a guest, you are giving them the ability to access and operate your Device.
These Terms apply to all usages of the Services by guests. We may share your and your guests’ information with our partners to provide our Service and to allow our partners to provide products and services. Moreover, guests should be aware that the owner or controller of the device may see information about their use and access of the Device and Services and may revoke or limit access rights in their discretion without notice. If guests do not want to access the Services or their information to be used or shared, they should decline the invitation and not use the Services.
The Site is provided by us for your personal use only. You agree to use the Site and the Services only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Site or Services.
You agree not to do any of the following:
We strongly recommend that you do not use the Service on a mobile device that has a “jailbroken” or “rooted” operating system as this can potentially allow other applications to circumvent security features on your mobile device. Any use of such mobile devices is at your own risk. You agree that KeyNIE will not be liable for any loss of functionality and will indemnify us for all damage or liability caused by such use.
Although we’re not obligated to monitor access to or use of the Service or to review or edit any Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right but are not obligated, to remove or disable access the Service or any Content therein, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
The Services will not all be accessible without: (i) a valid user account; (ii) mobile clients such as a supported phone or tablet; (iii) other system elements that may be specified by KeyNIE. It is your responsibility to ensure that you have all required system elements and that they are compatible, up to date, and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.
The Services will not be accessible without: (i) a working cellular data connection on a supported phone, tablet or watch with the Application installed; (ii) a valid user account; (iii) other system elements that may be specified by KeyNIE. Certain KeyNIE Devices and Services require a Wi-Fi network connection with a Bluetooth connection. It is your responsibility to ensure that you have all required system elements and that they are compatible, up to date, and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Except as outlined in these Terms, we do not grant you any right, title, or interest in the Services or any KeyNIE Content. We appreciate it when users send us feedback, but please only provide feedback, comments, or suggestions that you agree we may use without limitation. You hereby grant us an unrestricted, transferable license to use any feedback, comments or suggestions that you provide without limitation.
These Terms remain in effect as long as you continue to use the Services. You can stop using our Services any time. We reserve the right to suspend or terminate your use of the Services or your access to the Site at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. We may also change or remove at any time any features currently offered as part of the Services, or the Services themselves. Upon termination, your account and right to use the Services will automatically terminate.
If you transfer your Device to a new owner, please note that your account is not transferable, and the new owner will have to register for a separate account in order to use the Services.
Our aim is to make the Services highly reliable and available; however, they may not be available all of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond KeyNIE’s control, including without limitation, your Wi-Fi and mobile network failures and coverage limitations, service provider uptime, and acts of god. Further, our Services rely on or interoperate with a number of third-party products and services. These third-party products and services are beyond KeyNIE’s control (including without the internet generally and third-party service providers that we use for networking and storage), but their operation may impact or be impacted by the use and reliability of our Services. These third-party products and services may not operate in a reliable manner all of the time, and they may impact the way that the Services operate, and KeyNIE is not responsible for damages and losses due to the operation of these third-party products and services. You acknowledge these limitations and agree that KeyNIE is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications. Further, the Devices and Services are not an emergency notification system and should not be used in this way.
To the fullest extent allowed by law, KeyNIE is not responsible for damage or liability caused by (i) use of the Device and Services for purposes other than for which the Device and Services are designed or intended, or use in improper temperature, humidity or other environmental conditions, or use of the Device or Services in violation of written instructions provided by KeyNIE (which may be provided at the time of purchase or on its website), (ii) normal wear and tear or aging, or improper repair, operation or maintenance or connections to improper voltage supply or, to the extent allowed by law, attempted repair by anyone other than a facility authorized by KeyNIE to service your KeyNIE Device.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
KEYNIE DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE SITE OR THE SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KEYNIE SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNAUTHORIZED ACCESS TO YOUR PROPERTY, INABILITY TO ACCESS YOUR PROPERTY, OR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF KEYNIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE SITES OR ANY PRODUCT OR SERVICE. IN ANY CASE, KEYNIE'S LIABILITY FOR ANY DAMAGES ALLEGED OR SUFFERED IN CONNECTION WITH THE SITES OR THE SERVICES WILL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO KEYNIE FOR THE USE OF SERVICES OVER THE SIX (6) MONTHS PRIOR TO THE DATE OF DAMAGES. YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST KEYNIE WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify, defend, release and hold KeyNIE and its officers, directors, suppliers, service providers, co-branders or other partners, agents and employees, and those of its affiliates, harmless from all claims, demand, damages, fees and costs of any nature, including reasonable fees of attorneys and other professionals, due to or arising out of anything you submit, transmit through or upload to the Sites or in the course of using any Service or your violation of these Terms or any other terms and conditions governing your relationship with KeyNIE or your violation of any law or your breach of any contract with any party or your act or omission constituting negligence or other tort. In the event you provide registration or other information that is untrue, inaccurate, fraudulent or out of date, you agree to indemnify KeyNIE for and hold it harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) it may incur, including but not limited to loss of business profits, taxes, penalties or sanctions, interest, fees, costs and expenses of any nature arising from or related to any claim, demand, action or proceeding alleged or initiated against KeyNIE by any third party based upon such information. These defense and indemnification obligations will survive these Terms and your use of the Sites or any Service.
Our employees are not authorized to vary these Terms. These Terms may be modified only (a) by obtaining our written consent in an agreement signed by an officer of KeyNIE, or (b) as set forth below in the immediately following paragraph.
You agree that KeyNIE may modify these Terms from time to time and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of these Terms. We will notify you when we make material revisions or modifications to these Terms by posting a notice or new version of these Terms on the Site, or otherwise in some manner through the Service that we deem reasonably likely to reach you (which may be by posting to this Site). The modifications will be effective upon posting (unless otherwise indicated at the time of posting). By continuing to access the Site or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
KeyNIE (or its affiliates or licensors) are the owner of all right, title and interest in and to the Site, Service, Licensed Software, and Device. We reserve all rights not expressly granted in these Terms. All Services, Applications and Licensed Software are licensed and not sold.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Entire Agreement/Severability- These Terms constitute the entire agreement between you and KeyNIE regarding the use of the Services. Any failure by KeyNIE to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party. The headings and section titles in these Terms are for convenience only and have no legal or contractual effect.
Protection of Confidentiality and Intellectual Property Rights- Notwithstanding the foregoing, KeyNIE may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers or Services in any court of competent jurisdiction.
Notifications- KeyNIE may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your account, hard copy, or posting of such notice on the Site or Service. KeyNIE is not responsible for any automatic filtering you or your network provider may apply to email notifications.
You agree that, unless prohibited by law, any claim or cause of action arising out of or related to these Terms or the use of the Services, must be filed within one (1) year after such claim or cause of action arose or be forever barred, regardless of any time limit set forth in any statute or law to the contrary.
Assignment- These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without KeyNIE’s prior written consent, and shall be null and void. These Terms may be assigned by KeyNIE without restriction. These Terms are binding upon any permitted assignee.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Anand, Gujarat.