Keener.me Beta Terms of Use

FERAL CAT LABS INC. ("FERAL CAT LABS") OWNS AND OPERATES THIS WEBSITE LOCATED AT KEENER.ME (THE "WEBSITE") WHICH IS CURRENTLY AVAILABLE IN BETA-RELEASE ONLY. THESE TERMS OF USE APPLY TO ALL USERS OF THIS WEBSITE (INCLUDING ALL OF THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE), INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO ORDER AND/OR USE SERVICES PROVIDED THROUGH THIS WEBSITE AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE. PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEBSITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY FERAL CAT LABS FROM TIME TO TIME WITHOUT NOTICE. THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE OF THE WEBSITE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.

To use and/or register for the Keener.me Service you must be: a) of legal age to form a binding contract with Feral Cat Labs and b) cannot be a person barred from receiving the Keener.me Service under the laws of the country in which you reside or from where you use the Service. If you are registering on behalf of a corporation or other entity, you represent and warrant that you have the necessary right and authority to bind such corporation or entity to these Terms. By accepting these Terms you represent that you understand and agree to the foregoing.

Beta-Testing Service Terms.

About the Keener.me Service. You understand that the Keener.me Service is being provided in ‘beta’ so features are limited and do not reflect the full capabilities that the Keener.me Service will have on launch. The Keener.me Service is made available to you on an "AS IS" and "AS AVAILABLE" basis for the purpose of providing Feral Cat Labs with feedback on the quality and usability. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE AND KEENER.ME SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES. In addition, Feral Cat Labs is not obligated to provide any maintenance, technical or other support for the Keener.me Service.

Registering to use the Keener.me Service. To sign-up and activate the Keener.me Service, you must first register to create an account and a password. You are responsible for all activity that takes place on your account. Please choose a strong password for your account and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your account.

Important Terms for Users. Those users who join the beta trial of the Keener.me Service (the "Trial") by (i) registering to participate; and (ii) agreeing to these Terms (together "you") will have advance access to the Keener.me Service on the following terms:

Restrictions on Use of the Keener.me Service. Feral Cat Labs may impose certain limitations on the use of the Keener.me Service, including, but not limited to restricting the number of accounts you may register, imposing charges for certain features of the Keener.me Service. You agree to use the Keener.me Service only for purposes as permitted by these Terms and not to use the Keener.me Service for any purpose prohibited by applicable law or regulation. Feral Cat Labs reserves the right to modify or impose any limitations on the use of the Keener.me Service at any time, with or without notice to you. We also reserve the right at all times (but will have no obligation) to terminate users and/or terminate the Trial at any time without any liability whatsoever to you. In using the Keener.me Service you shall not:

  1. intentionally or unintentionally violate any applicable local, state, provincial national or international law or regulation, including without limitation using the capabilities of the Keener.me Service to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone else;
  2. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Keener.me Service; or
  3. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service or any software provided by us.

Indemnification. You agree to defend, indemnify and hold Feral Cat Labs, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any content you submit, post, transmit, or otherwise make available through the Keener.me Service; (b) your use of the Keener.me Service; (c) any violation by you of these Terms; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these Terms and/or your use of the Keener.me Service.

Data Terms

Personal Information. When you register to use the Keener.me Service and through your use of the Keener.me Service we will have access to certain personal information and device data. Please review our Privacy Policy carefully as it sets out how we collect, store and use information about our users and will govern use of your personal information. If you do not agree with any of our privacy practices you must not install the Keener.me Service.

License to Feral Cat Labs. Except for material we may license to you, Feral Cat Labs does not claim ownership of the materials and/or content you submit to the Website ("Content"). However, by using the Keener.me Service you grant Feral Cat Labs a worldwide, royalty-free, non-exclusive license to collect, use and store such Content solely for the purpose of providing the Keener.me Service. Said license will terminate within a commercially reasonable time after you or Feral Cat Labs terminate your account.

Term And Termination

Termination by You. You may terminate your account and/or stop using the Keener.me Service at any time.

Termination by Feral Cat Labs. Feral Cat Labs may at any time, under certain circumstances and without prior notice, immediately terminate the Trial or suspend all or a portion of your account and/or access to the Keener.me Service. Cause for such termination shall include, but not be limited to: (a) violations of the Terms or any other policies or guidelines that are referenced herein and/or posted on the Keener.me Service or Website; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Keener.me Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Service or the Keener.me Service to you is or may become unlawful; (f) unexpected technical or security issues or problems; or (g) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by Feral Cat Labs in its sole discretion, and Feral Cat Labs will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Keener.me Service.

Effect of Termination. On termination, you will lose all access to the Keener.me Service and any portions thereof, including, but not limited to, your account.

Important Disclaimers And Service Limitations

THE KEENER.ME SERVICE IS PROVIDED "AS IS." FERAL CAT LABS SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OR CONDITIONS OF ANY KIND RLATING TO THE SERVICE AND KEENER.ME SERVICE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE KEENER.ME SERVICE IS AT YOUR OWN DISCRETION AND RISK AND ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE KEENER.ME SERVICE IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE KEENER.ME SERVICE. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FERAL CAT LABS OR THROUGH OR FROM THE KEENER.ME SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING THE SERVICE AND KEENER.ME SERVICE. FERAL CAT LABS WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE KEENER.ME SERVICE AND WILL NOT BE RESPONSIBLE FOR ANY DATA CHARGES YOU INCUR IN YOUR USE OF THE KEENER.ME SERVICE.

UNDER NO CIRCUMSTANCES SHALL FERAL CAT LABS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE OR THE FERAL CAT LABS SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE FERAL CAT LABS SERVICE, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SERVICE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FERAL CAT LABS’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID FERAL CAT LABS IN THE PRIOR 12 MONTHS (IF ANY) THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY THE APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

General Terms

Access to Your Account and Content. You acknowledge and agree that Feral Cat Labs may access, use, preserve and/or disclose your account information and content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these Terms, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Feral Cat Labs, its users or the public as required or permitted by law.

Feedback. We welcome your suggestions, comments and feedback on the Service and the Keener.me Service ("Feedback") especially during this beta-testing phase as it helps us to improve the product and our services. If you provide us with Feedback you agree that: (a) we are not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information belonging to you or any third party and you have all of the necessary rights to disclose the Feedback to us; (c) Feral Cat Labs (including all of its successors and assigns) may freely use Feedback without any restrictions; and (d) you are not entitled to receive any compensation or re-imbursement of any kind.

Export Control. Use of the Keener.me Service may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Service may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Service or the Keener.me Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Service or the Keener.me Service for any purposes prohibited by United States or Canadian law.

Notices. Feral Cat Labs may provide you with notices regarding the Keener.me Service, including changes to these Terms, by email or by postings on the Website and/or the Keener.me Service.

Governing Law & Disputes. This Agreement shall be governed by the laws of the Province of British Columbia, Canada. No choice of laws rules of any jurisdiction shall apply to this Agreement. The courts of the Province of British Columbia shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms, the Keener.me Service and you consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that you may have or that may hereafter arise to contest such jurisdiction of such courts. The parties waive any right to a jury trial with respect to any action brought in connection herewith. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. You agree that any claim or cause of action arising out of or related to these Terms or the use of the Keener.me Service must be filed within one (1) year after the cause of action arose or be forever barred.

Entire Agreement. These Terms (together with the Feral Cat Labs Privacy Policy) constitute the entire agreement governing use of the Keener.me Service during the Trial and all related activities. We reserve the right to modify or change the Keener.me Service at any time without notice or liability to you. These Terms shall not be modified except by a new posting of these Terms by Feral Cat Labs. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. Our failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. You may not assign any part of these Terms or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent.

Third Party Software. The Keener Service relies upon and uses software from third parties. A link to the software licenses can be found here.

Questions/Contact. If you have any questions about these Terms or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the Keener.me Service, please contact us at: info@keener.me.

Last Updated: November 1st, 2016