Terms of use

Version 1.0 – Updated 31st October 2019

By using the Keypup.io web site ("Service"), or any services of Keypup ("Keypup"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").​

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.​

"Keypup" is a service of Keypup SAS, (“Keypup” or the “Company”, a French company registered in La Rochelle, RCS 849 139 027). Keypup is a service provided by Keypup SAS which is the legal entity representing Keypup. Those Terms of Use are specific to the use of Keypup.io and are not related to the use of any other service provided by Keypup SAS.​

Keypup reserves the right to update and change the Terms of Service at any time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://keypup.io/Terms .​

Violation of any of the terms below will result in the termination of your Account. While Keypup prohibits such conduct and Content on the Service, you understand and agree that Keypup cannot be responsible for the Content posted on the Service. You agree to use the Service at your own risk.

A. Account Terms

You must be 18 years or older to use this Service.​

You must be a human. Accounts registered by "bots" or other automated methods are not permitted.​

You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.​

Your login may only be used by one person - a single login shared by multiple people is not permitted.

You may create separate logins for as many people as your plan allows.​

You are responsible for maintaining the security of your account and password. Keypup cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.​

You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).​

You may not use the Service for any illegal or unauthorized purpose.

You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

B. API Terms

Customers may access their Keypup account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Keypup, is bound by these Terms of Service plus the following specific terms:

You expressly understand and agree that Keypup shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Keypup has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.

Abuse or excessively frequent requests to Keypup via the API may result in the temporary or permanent suspension of your account's access to the API. Keypup, in its sole discretion, will determine abuse or excessive usage of the API. Keypup will make a reasonable attempt via email to warn the account owner prior to suspension.

Keypup reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

C. Payment, Refunds, Upgrading and Downgrading Terms

All Free plans, offers, or Services identified as such do not require for a valid payment method to be registered on the website and do not incur any cost liability to the User.​

All paid plans must enter a valid credit card when required.

An upgrade between plans will bill you in accordance with the conditions of the newly selected plan. Change of plans are effective immediately and the billing of the current invoicing period is calculated with a pro-rata of the old plan and the new plan.

The Paying Service is billed on a monthly basis, in accordance with the conditions of the contracted plan and the value used on the Service and is non-refundable. There will be no upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

Keypup’s billing period runs from the 1st day of each calendar month until the last day of the same calendar month. Invoices will be sent to customers within 5 days following the monthly closure. All credit cards will be invoiced on the 2nd week of each calendar month following the elapsed billing period.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less)For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.

Downgrading your Service may cause the loss of content, features, or capacity of your Account albeit Keypup will endeavour to apply best practices to prevent such an event. Keypup does not accept any liability for such loss.

D. Cancellation and Termination

You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the menu of the Service. The Account screen provides a simple no questions asked cancellation process.

All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.

At termination of your account, Keypup will charge your credit card with any outstanding amount left unpaid on your account as the case may be. All clauses of this contractual agreement remain valid and active until all due amounts have been paid.

Keypup, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Keypup service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Keypup reserves the right to refuse service to anyone for any reason at any time. Keypup will make a reasonable attempt via email to warn the account owner prior to suspension.

E. Modification of the Service and Prices

Keypup reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with notice provided by email in a reasonable timeframe preceding the discontinuation.

Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Keypup Site (Keypup.io) or the Service itself.

Keypup shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.​

F. Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, if you set your pages to be viewed publicly or give right to third parties to access your Content, you agree to allow others to view your Content.

You shall defend Keypup against any claim, demand, suit or proceeding made or brought against Keypup by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Keypup for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Keypup in connection with any such claim, demand, suit or proceeding; provided, that Keypup promptly gives You written notice of the claim, demand, suit or proceeding; gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Keypup of all liability) and provides to You all reasonable assistance, at Your expense.

The look and feel of the Service is copyright ©2019 Keypup SAS. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Keypup and Keypup SAS.

G. General Conditions

Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.Technical support is only only available in English.

You understand that Keypup uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Keypup, or any other Keypup service.

You may use Keypup subdomains (e.g., yourname.Keypup.io) solely as permitted and intended by the Keypup Pages tool to host your company pages, project pages, or open source project pages, and for no other purpose. You may not use Keypup subdomains in violation of Keypup's trademark or other rights or in violation of applicable law. Keypup reserves the right at all times to reclaim any Keypup subdomain without liability to you.​

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Keypup.

We may, but have no obligation to, remove Content and Accounts containing 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.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Keypup customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.

You must not transmit any worms or viruses or any code of a destructive nature.

If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Keypup) of other Keypup customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption. Keypup will make a reasonable attempt via email to warn the account owner prior to engaging such actions.

Keypup does not warrant that:
- the service will meet your specific requirements
- the service will be uninterrupted or error-free
- the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations,
- and​ any errors in the Service will be corrected.

You expressly understand and agree that Keypup shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Keypup has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the service the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service unauthorized access to or alteration of your transmissions or data statements or conduct of any third party on the service; or any other matter relating to the service.
- The failure of Keypup to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Keypup and govern your use of the Service, superseding any prior agreements between you and Keypup (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under French law.

Questions about the Terms of Service should be sent to [email protected]

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