Terms and Conditions

Last updated: March 05, 2019

Thanks for using our products and services (“Services”).

Please read these Terms and Conditions carefully before using our website and the Keexle Application.

Subject of this agreement

These Terms and Conditions (“Terms“, “Terms and Conditions“) govern your relationship with www.keexle.com (the “Site“), the Keexle Desktop application (the “Software“) and The Keexle Transfer online service (“Keexle Transfer“) operated by OnePrivacy S.A. (the “Company“, “us“, “we“, or “our”). The Site, The Software and Keexle Transfer are collectively referred to as the “Services“.

By accessing the Services, you acknowledge and agree to have read and be bound by these Terms and Conditions, including the Privacy Policy which form part of this Agreement. If you do not wish to be bound by this Agreement, you may not use the Services.

If you (i) use the Services (the Site or the Software), (ii) purchase a subscription from the Site or the Software, and/or iii) sign in or agree to these Terms if presented to you in a user interface for the Services, we will understand this as your acceptance of these Terms and the acceptance by you on behalf of your Collaborators (as defined below) and your and their respective agreement to all of its Terms and Conditions.

If you are using the Services on behalf of your organization or employer (whether as an Account Manager or Collaborator), “you” means your company and you are agreeing to these Terms on behalf of your organization. In this case, these Terms will bound your organization. If you do not have such authority, then you may not use the Services on behalf of your organization and you must discontinue all use of the Services immediately.

Basic Information

Keexle is a fully end-to-end encrypted communication and collaboration tool where each interaction is completely private & totally secure. File-Share, Chat, Cloud Store, Video Conference and Collaborate with the most sensitive data.

Keexle is an internet-based communication & collaboration tool for secure exchanges between You and other Users. Keexle Users can share files, add comments, audio and video calls, collaborate on tasks with the guarantee their messages (including your chats, photos, videos, voice messages, files, comments, tasks, etc) are end-to-end encrypted: only You and the recipients (Users) you choose can have plaintext access to your messages (the “Encrypted Content“).

Access to the Services

Registration

In order to use our Services, You may need to complete a registration process. You agree to submit the required information that belongs to you for service provisionning your account. This process will allow you to send Encrypted Content to other users directly from Keexle Transfer or after the download and installation of a Licensed Software.

For Keexle Transfer, the registration process requires to submit a valid email address.

The registration process to use the Software is described as follows:

• You must provide some Personal Information (e.g. Account Information and Payment Information, as defined in our Privacy Policy) in order to obtain a valid Licensed Software;
• You may define one or more Account Manager (if applicable);
• With the provided information, we will send to you (or every Account Manager if applicable) a link and the related documentation to download, install the Licensed Software

In the case you subscribed to a Business or Enterprise account, your account will be linked to an Organisation Indentifier obtained during the registration process. In the case you have been invited by an Account Manager, you have to submit this Organisation Identifier along with your Personal Information.

You agree to receive emails from us with codes and/or activation links (URLs) to register for our Services.

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your accounton our Service.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Account Information & Security

When installing the Software, your Account and Encrypted Content are protected by encryption keys that are generated on the devices where the Software has been installed. You will be asked for a password to protect your encryption keys. Neither these encryption keys, nor your password are submitted to our Services.

Your encryption keys and password can only be decrypted or inverted by You. We have no access to Your password and there is no way for us to recover Your password. WE STRONGLY RECOMMAND THAT YOU EXPORT YOUR ENCRYPTION KEYS ON A SAFE SEPARATED MEDIA YOU OWN. Otherwise, you hereby accept that if your encryptions keys are lost, your account and all your Content submitted to our Services are irrevocably lost. If that happens, we cannot be held liable.

You agree not to disclose your password and/or your encryption keys to any third party.

We will NEVER sends emails asking for Your password and/or your Encryption keys.

We strongly recommand You not to accept invitation from Users you do not know or you do not trust.

You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Do not misuse our Services, for example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.

Age and Content of Communication

The Service is not intended for use by You if You are under 18 years of age. By agreeing to these Terms, You are representing to us that You are over 18.

You acknowledge and agree that:

• by using the Services, you may be exposed to content that you may find offensive or indecent and you do so at your own risk;
• the Company is not responsible for any Encrypted Content that you may have access to through your use of the Services and all Encrypted Content are the responsibility of the person from whom such Encrypted Content originated.

You acknowledge and agree that (i) the Company has no control over and is not responsible for the use of Encrypted Content by a user, including any user that has uploaded such Encrypted Content to such user’s personal device; and (ii) the Company may not be able to remove certain Encrypted Content that is uploaded onto another user’s device. The Company does not endorse any Encrypted Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Encrypted Content.

Your Responsability

You are responsible for all activities in relation to Your account. We are not liable for any loss or damage arising from any unauthorized use of Your account. In the event we have a reason to believe that an unauthorized person uses Your account or any other unauthorized use, We have the right, at our sole discretion and without prior notice, to suspend or disable Your account, or take any action to avoid any unauthorized use.

By using the Services, you agree that any Encrypted Content that you submit may be transmitted to the recipient of your communication. We are not the source of, do not verify or endorse and take no responsibility for the Encrypted Content submitted to the Services. We have no responsibility for actions of Users You share Encrypted Content with.

You are solely responsible and liable for any content You upload, download, share or copy by using the Services. The Encrypted Content you submit or you receive through our Services may be protected by intellectual property rights, which are owned by third-parties. Consequently, You agree and undertake:

• not to use the Service to submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner;
• not to use the Services to transmit any unlawful, harassing, libelous, defamatory, racist, indecent, abusive, violent, threatening, intimidating, harmful, vulgar, offensive or otherwise objectionable content or material of any kind or nature;
• not to use the Services to do anything illegal;
• to comply with all applicable laws, rules and regulations.

The content of communications may be protected by intellectual property rights, which are owned by third-parties. You are responsible for the content you choose to communicate and access using the Services. In particular, you are responsible for ensuring that you do not submit material that is (i) copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner; (ii) a falsehood or misrepresentation; (iii) unlawful or illegal, defamatory, harmful, abusive, hateful, racially or ethnically offensive that encourages conduct that would be considered a criminal offence; (iv) an advertisement or solicitation of business; or (v) impersonating another person.

You may use our Services only as permitted by law, including applicable export and control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

The Company may in its sole discretion terminate these Terms and disable your account if you use any content and Encrypted Content that is in breach of these Terms.

Provisionning of the Services

You are responsible for any Internet connection and telecommunications fees and charges that you incur when accessing the Services. You acknowledge and agree that We may make changes to the Services at any time without notifying you in advance.

Proprietary Rights

The Services and its original content (excluding Encrypted Content provided by users), features and functionality are and will remain the exclusive property of OnePrivacy S.A. and its licensors. The Services are protected by copyright, trademark, and other laws of both the Luxembourg and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of OnePrivacy S.A.

Our Services allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Encrytped Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. You retain any and all of your rights to any Encrypted Content you submit, post or display on or through the Services and you are responsible for protecting those rights.

With respect to such Encrypted Content, you grant the Company a worldwide, royalty-free, fully paid-up and non-exclusive license to use and transmit such Encrypted Content or any part of such Encrypted Content solely on the Services for the sole purpose of making available and operating the Services. You hereby represent, warrant and covenant that any Encrypted Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant that license.

We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

We may use any feedback, ideas, comments, enhancement requests, recommendations or suggestions (“Suggestions”) You send us without any obligation to You, and You hereby grant to us a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Suggestions.

Purchases

If you wish to purchase any product or service made available through the Site (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases (please refer to our Privacy Policy how we use this information).

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or OnePrivacy S.A. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting OnePrivacy S.A. customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide OnePrivacy S.A. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payme- nt information, you automatically authorize OnePrivacy S.A. to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, OnePrivacy S.A. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

OnePrivacy S.A. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by OnePrivacy S.A. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, We reserve the right to (i) modify the Terms of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

OnePrivacy S.A., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

OnePrivacy S.A. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Software and User License

Subject to the terms and conditions of this Agreement and for the sole purpose of using the Service, We hereby grant you a limited, non-exclusive, revocable, non-sublicensable, non- transferable license to:

• install the Software on one or more computers which are owned by you, are under your control and which meet the Company’s minimum specifications; and
• view, review and utilize the Software and any related information provided to you by the Company.

The Software is licensed, not sold.

You can uninstall the Software any time, using desktop operating system’s standard uninstall method. You will need to remove all the Encrypted Content submitted to and received from the Software if you decide to stop using the services on a machine. If You need further assistance for uninstalling the Software, please write us at support@keexle.com.

Restrictions

Do not misuse our Services, for example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. In particular, You agree not to access, or attempt to access the Services through any automated means (including, without limitation, through the use of scripts, bots, unauthorized third-party apps, spiders or web crawlers).

Moreover You may not:

• Modify or create derivative works based on the Software or on the Site.
• Remove or modify any disclaimer or warning notice included or embedded in any part of the Service or in any part of the Licensed Software or any copy thereof.
• Analyze, decompile, disassemble, reverse engineer, or otherwise attempt to derive all or any part, particularly the source code of the Software, except for the scope in which such limitation is explicitly prohibited by law. For any release from these limitations the prior written express consent of OnePrivacy S.A. is required.
• Distribute, rent, lease, sell, sublicense or otherwise transfer all or part of the Software to any person.
• Permit the Licensed Software to be accessed through “shareware” distribution process.

You agree that you will not, in connection with your use of the Services, violate any applicable law, ordinance, rule, regulation or treaty.

Conditions of Use

Availability And Termination Of Our Services

Errors and Inaccuracies

We are constantly updating our offerings of products and services. The products or services available on the Site or Software may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by OnePrivacy S.A..

OnePrivacy S.A. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that OnePrivacy S.A.shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Limitation Of Liability

In no event shall OnePrivacy S.A., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non- infringement or course of performance.

OnePrivacy S.A. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Luxembourg, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those 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 Service.

Contact Us

If you have any questions about these Terms, please contact us at support@keexle.com