KeySimple's Terms & Conditions

KeySimple (the "KeySimple", "we", "us" or "our") agrees to furnish services to the Subscriber (the "Subscriber", "you" or "your"), these Terms & Conditions govern your use of any of our services (the "service") and constitutes acceptance and agreement to KeySimple's Terms & Conditions.

KeySimple reserves the right to modify the Terms & Conditions without notice at any time.

Privacy and Communications

You acknowledge and agree that we may send you emails related to your account and/or the Service.

Accounts, Passwords, and Security

You must be registered to the service to access the service. You are responsible for keeping your password secure, and you are solely and strictly liable for any activity that occurs under your user name and/or account. You also agree not to access, or attempt to access, other subscriber’s accounts and/or data.

Use of Services

You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United Kingdom or other jurisdictions.
In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process.
You agree to immediately notify KeySimple of any unauthorized use of your account or any other breach of security.
KeySimple will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.

Acceptable Conduct

You are solely responsible for your data and for your use of the service. The service may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable laws or regulations is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; and/or material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Unauthorized and/or unacceptable use of the Service is a violation of these Terms, may result in KeySimple terminating Your account and may subject You to criminal and/or civil liability.

Payment and/or Invoicing

You will be billed on a monthly basis and/or yearly basis. At the end of your service term, Your contract will automatically renew until You cancel it. Cancellation must be issued via the Service, it can be done at any time prior to the end of the contract term. If cancelled before the end of your contract term, your service will remain active until the end of your contract term.

Subscriber is aware that we may prospectively change the specified rates and charges from time to time.

KeySimple is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by us. Currency exchange settlements will be based on agreements between you and the provider of your credit/debit card. Pro-rated credits will not be issued for unused services when customer retains any active service.

Server Provider Fees

You agree that KeySimple is not responsible for any additional fees charged to your credit card by third-party server providers such as DigitalOcean, Linode, Amazon, or Rackspace.

Support

KeySimple, provides technical support to our subscribers via our ticket support system. The following are our guidelines when providing support: KeySimple provides support related to your KeySimple account being active and accessible. KeySimple does not offer technical support for application specific issues such as application configuration, programming, web or mail server configuration, or any other such issue. KeySimple does not provide technical support to your customers.

Chargeback / Refund Policy

We will not issue refunds under any circumstances. If the charges were made in error, we will credit your account for the appropriate amount. We have a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from using the Service. If You have a question about charges made to Your account, please contact us immediately.

DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED “AS IS” AND YOU USE IT AT YOUR OWN RISK. KEYSIMPLE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY OF NON-INFRINGEMENT.

WE TRY TO KEEP THE SERVICE BUG-FREE AND SAFE, BUT KEYSIMPLE DOES NOT WARRANT OR ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SERVICE OR YOUR ACCOUNT. YOU UNDERSTAND AND AGREE THAT YOU SHALL NOT BE ENTITLED TO MAKE ANY CLAIM BASED ON KEYSIMPLE'S FAILURE, IRRESPECTIVE OF FAULT, TO PROVIDE ANY OF THE FOREGOING. LIKE WE SAID, YOU USE THE SERVICE AT YOUR OWN RISK.

WITHOUT LIMITING THE FOREGOING, THE SERVICE IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION/COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. IF SOMEONE’S LIFE OR THE FATE OF THE FREE WORLD DEPENDS ON YOUR USE OF THE SERVICE, PLEASE DO NOT USE THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF PARTICULAR WARRANTIES, AND, TO THAT EXTENT, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT YOU LIVE IN A JURISDICTION THAT REFUSES TO ENFORCE THE FOREGOING DISCLAIMERS, KEYSIMPLE DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE EXTENT PERMITTED BY LAW.

Limitation of Liability

IN NO EVENT WILL KEYSIMPLE BE LIABLE TO THE USER OR THIRD PARTIES FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROFITS OR LOSS, CORRUPTION AND/OR ALTERATION OF DATA) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR DATA AND/OR YOUR USE OF THE SERVICE AND/OR YOUR ACCOUNT, WHETHER IN AN ACTION IN CONTRACT, TORT, EQUITY OR OTHERWISE.

USER VOLUNTARILY ENGAGES IN THE ACTIVITY OF INTERNET USE AND BEARS THE RISKS ASSOCIATED WITH THAT ACTIVITY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR YOUR DATA THAT RESULTS FROM SUCH ACTIVITY. IN NO EVENT WILL KEYSIMPLE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR UNAUTHORIZED ACCESS TO OR USE, ALTERATION, CORRUPTION, THEFT OR DESTRUCTION OF YOUR DATA AND/OR YOUR ACCOUNT.

KEYSIMPLE’S LIABILITY IS EXPRESSLY LIMITED FOR ANY REASON AND UPON ANY CAUSE OF ACTION TO THE AMOUNT YOU ACTUALLY PAID TO KEYSIMPLE FOR THE SERVICE DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU CLAIM THE CAUSE OF ACTION ACCRUED.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF PARTICULAR WARRANTIES, AND, TO THAT EXTENT, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT YOU LIVE IN A JURISDICTION THAT REFUSES TO ENFORCE THE FOREGOING DISCLAIMERS, KEYSIMPLE DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend and hold harmless KeySimple from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related to Your data, Your use of the Service and/or any breach of these Terms by You. You further agree to defend, indemnify and hold harmless KeySimple from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related to any claims by third parties that Your data or Your use of the Service infringes upon, violates or misappropriates any of their Intellectual Property Rights or discloses their Proprietary Information.

Server Security

Subscriber is solely responsible for maintaining the security of Subscriber's servers that are created via the service. We shall have no liability for any security breaches or data breaches of Subscriber's servers, even if those servers were initially created and provisioned by the service. KeySimple does not guarantee the security of any of Subscriber's servers, even if those servers were initially created and provisioned by the service.

Termination of Service

We reserve the right to terminate Your account at any time and for any reason with or without notice. Accordingly, We may, but have no obligation to, remove accounts and content containing what We determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. In the event of termination, You will lose all data related to Your Account. An account terminated by KeySimple will not be backed-up for any reason and will be immediately terminated from KeySimple’s servers. You may terminate Your account at any time, but KeySimple will not under any circumstances issue any refunds of monies paid.

Force Majeure

Neither party shall be responsible for any failure to perform, or delay in performing any of its obligations under these Terms, where and to the extent that such a failure or delay results from causes outside the control of such party. Such causes shall include, without limitation, failures caused by a third-party service, acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion or the like.

Special Admonitions for International Use

Recognizing the global nature of the Internet, You agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.

Choice Of Law And Forum

The Terms of Service and the relationship between you and us shall be governed by the laws of the State of Arkansas without regard to its conflict of law provisions. You and us agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Saline, Arkansas.

Statute Of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of KeySimple services or the Terms & Conditions must be filed within one (1) month after such claim or cause of action arose or be forever barred.