Terms of Use

By using this site and/or submitting any information or completing any forms, you (the user) agree to be bound by these terms of use. If you do not wish to be bound by these terms of use, please exit the site.

Agreeement. Keshif LLC (referred to as “Keshif” or “Us” or “We” or "Company") provides the Keshif.me website (and related websites) and various related Site Content and Service (each defined below and collectively with Keshif.me, referred to as the “Site”) subject to User’s (as defined below) compliance with all the terms, conditions, policies and notices contained or referenced herein (the “Terms of Use”), as well as any other written or electronic agreement between Keshif and User. In addition, when using the Site, Users shall be subject to any posted guidelines or rules (if any) applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

Effective Date; Right to Modify; Binding Effect of Continued Use. These Terms of Use are effective as of the date that these Terms of Use appear on the Site. Keshif reserves the right to change these Terms of Use from time to time without notice to Users and any modifications or changes to these Terms of Use shall be effective upon such modification or amendment. User acknowledges and agrees that it is User’s responsibility to review this Site and these Terms of Use periodically and to be aware of any modifications. User’s continued use of this Site after such modifications will constitute User’s acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

Corporate Use. 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 the Site and our Services through your account to these Terms of Use, in which case the terms “User” "you" or "your" shall refer to such entity, its affiliates and users associated with it.

Definitions. The following terms shall have the following meanings for purposes of this Agreement.

“User” or “You” or “Your” (and similar terms) means any person or entity that visits, views, uses or accesses any portion of the Site.

"Service" means (ii) Keshif's data platform that Keshif makes available via the Site including the features and functionality made available therein, (ii) any support and development services and related technologies that may be provided by Keshif in its sole discretion for maintaining and monitoring your use of the Service, and (iii) any other services that Keshif may provide from time to time via the Site.

“Site Content,” means any content, material, information, media, article, post, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by Users on or through Keshif.me and related websites but excludes User Data.

“Affiliates” means Keshif’s owners, officers, directors, suppliers, partners, sponsors, and agents and representatives, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site.

“User Data” means the data and information that a User may import, upload or otherwise provide to the Service in connection with a User’s use of the Service.

Services

Access and Use. Subject to the terms and conditions of these Terms of Use, Keshif grants you a limited, non-exclusive right to access and use the Site and Service solely for your business or personal use and consistent with the other limitations set forth in these Terms of Use.

Site Features and Access Levels. Keshif may restrict portions of the Site or features and functionality within the Site (“Premium Features”) and require payment to access and use such Premium Features. If you desire to use such Premium Features, you agree to pay the rates or fees set forth on the Site which will be presented to you prior to collecting your payment information.

Payment and Authorization. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number. Service is billed in advance in accordance with our pricing schedule which can be found on the Site. There will be no refunds or credits for partial months of Services. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) income taxes. You agree to pay for any taxes that might be applicable to your use of Services or payments made by you in connection with your use of the Services. You agree to be billed monthly or annually and grant us the right to charge your credit card (or otherwise facilitate payment) with the payment information you have provided us, including on a monthly recurring basis. You will reimburse us for any fees that we may be charged related to declined payments.

Data and Information from Third Party Sites. Users may be required or allowed to link to a Google account or other third party account or site to provide User Data or other information to the Service. You expressly acknowledge and agree and grant us all necessary rights and licenses to access your data and information that may be hosted on third party sites, integrate into third party APIs to access and transmit your data to our Site, store such data and process and use such data on the Site. You are solely responsible for complying with all third party agreements, terms of service or other applicable party and ensuring that you have the right to transmit User Data to the Site and permit the Service to process the User Data.

Limitations. Keshif makes the Service available on the Site to Users. Keshif reserves the sole right to either modify or discontinue the Site, including any features therein, at any time with or without notice to User. Keshif shall not be liable to User or any third party should Keshif exercise such right. User understands and agrees that temporary interruptions of this Site may occur as normal events. User further understands and agrees that Keshif has no control over third party networks that User may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond Keshif’s control. User understands and agrees that this Site is provided “AS IS” and that Keshif assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any Site Content, communications or personalization settings. User understands that certain functionality and portions of the Site or Service may only be available to certain parties and that not all functionality and portions of the Site or Service may be available to all Users. Any new features that augment or enhance the current Service shall be subject to the these Terms of Use.

Equipment and Requirements. User acknowledges that certain portions or features of the Site may not be fully accessible or functional without: (i) a working Internet connection; (ii) a user account and/or an access/activation code or payment for Premium Features; and (iii) other system elements or specifications that may be specified by Company from time to time. It is User’s responsibility to ensure that User has all required system elements. Keshif may use third party providers to store, manage, and authenticate accounts and content, and to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. We are not responsible for possible issues caused by third party faults or discontinued services. Keshif does not guarantee or warrant that any content that you save, store or access through the service will not be subject to inadvertent damage, corruption, or loss. You are encouraged to backup the files that you store or access on the Site. While we take data security and privacy seriously, you understand and agreed that the technical processing and transmission of the Service, including your Content, 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.

Electronic Contracting and User Notices

User’s affirmative act of viewing or using any portion of the Site (including, without limitation, submitting any forms to Keshif via the Site) constitutes User’s electronic signature to these Terms of Use and User’s consent to enter into agreements with Keshif electronically. User also agrees that Keshif may, but has not obligation to, send to User in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Site (collectively, “Notices”). Keshif can send User electronic Notices (i) to the e-mail address that User provided to Keshif (if any), or (ii) by posting the Notice through the Site. The delivery of any Notice from Keshif is effective when sent or posted by Keshif, regardless of whether User reads the Notice when User receives it or whether User actually receives the delivery or views the revised Notice. User can withdraw User’s consent to receive Notices electronically by discontinuing User’s use of the Site. User can retrieve an electronic copy and a printable version of this contract by clicking on the “Terms of Use” link on the Site. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing. All notices to Keshif shall be in writing and shall be made either via email or conventional mail. Notices to Keshif must be sent to the contact information provided on the Site. Any notices or communication under these Terms of Use will be deemed delivered to Keshif on the delivery date.

User Requirements

Accuracy; Security. User agrees to: (i) provide true, accurate, current and complete information about User and User’s property as prompted by Keshif’s forms and in any other related document or agreement; (ii) to maintain and update User’s information to keep it true, accurate, current, and complete. User acknowledges that, if any information provided by User is untrue, inaccurate, not current, or incomplete, Keshif reserves the right to terminate User’s use of the Site and withdraw any offer or agreement. You agree to keep your account information, including your login and password, secure and not to share it with any third party. You are solely responsible for the maintaining the security of your account.

Restrictions. While using Site, you agree that you will not: (i) violate any laws, third party rights or our policies; (ii) use our Site or submit any of our forms if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our Sites; (iii) manipulate our Site, services, email responses or interfere with any other users use of the Site; (iv) provide false, inaccurate, misleading, defamatory, or libelous information or content; (v) spoof or create any emails, content, correspondence or other information from us, including fake or fraudulent acceptances or offers; (vi) create any competitive service or feature (or otherwise establish a competitive business) based on, in whole or in part, any content on the Site or any of our business ideas, (vii) distribute viruses or any other technologies that may harm Company, or the interests or property of Company users; (viii) copy, modify, or distribute rights or content from the Site or commercialize any of our applications or any information or software associated with such applications; (ix) harvest or otherwise collect information about users, including email addresses, without their consent; (x) use the Site to gain unauthorized access to Keshif’s network(s) or server(s); (xi) interfere with any User’s use and enjoyment of the Site or other similar Services; (xii) violate the intellectual property rights, including but not limited to, copyrights, trademark rights, trade secrets or patents of any person or entity. This description of prohibited conduct is not intended to be exhaustive, and Keshif has sole discretion to determine what constitutes prohibited conduct for Users. Users who violate system or network security may incur criminal or civil liability.

Age for Use of the Site. User must be 18 years of age or older to visit or use the Site in any manner. By visiting the Site or accepting these Terms of Use, User represents and warrants to Keshif that User is 18 years of age or older, and that User has the right, authority and capacity to agree to and abide by these Terms of Use. User also represents and warrants to Keshif that User will use the Site in a manner consistent with any and all applicable laws and regulations.

Data and Privacy

Privacy Policy. The information Keshif obtains through User’s use of this Site, including User information, is subject to Keshif’s Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

User Data. You are responsible for all User Data provided to us and an activity that occurs under your account. You shall be solely responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use your User Data. Keshif shall not be responsible for any data, information or material that you authorize us to retrieve or that you submit to the Service in the course of using the Service. Keshif does not pre-screen, verify or otherwise authorize User Data. However, Keshif and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any User Data that is processed by or provided to the Service. We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are illegal, threatening or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

License. User acknowledges and agrees and hereby grants Keshif any and all rights and licenses to: (i) access, use, process, display and manipulate any User Data (defined below) and any User systems as necessary to provide, improve and monitor the Services; (ii) display or use, in advertising or otherwise, User’s name, logo and trademarks, to provide the Services and to indicate that User is or was a customer of Keshif; and (iii) use User information for its commercial and marketing purposes consistent with Keshif’s Privacy Policy.

Public Access. You understand and agree that certain information you may import to or process on the Site may become publicly available depending on your settings and whether Premium Feature are enabled. You are solely responsible for monitoring what information you might make publicly available and we are not responsible or liable for any claims related to you making such information publicly available.

Termination

User agrees that Keshif may at any time, and at Keshif’s sole discretion, terminate User’s access to the Site without prior notice to User for violating this Agreement, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating User’s relationship and may be referred to appropriate law enforcement authorities. In addition, User acknowledges that Keshif will cooperate fully with investigations of violations of systems or network security at other sites. Upon termination or suspension, regardless of the reasons therefore, User’s right to use the Services available on this Site and to use the Site immediately ceases, and User acknowledges and agrees that Keshif may immediately deactivate or delete User’s account and all related information and files in User’s account and/or bar any further access to such files, the Service, or this Site. Keshif shall not be liable to User or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Keshif in connection therewith. Applicable provisions shall survive any termination.

Third Party Sites and Information

This Site may link Users to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under Keshif’s control, and User acknowledges that Keshif is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is Keshif responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Site, Keshif or Keshif’s Affiliates, or any warranty of any kind, either express or implied.

Intellectual Property

Keshif Ownership. By accepting these Terms of Use, User acknowledges and agree that the Site is protected by Keshif’s copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Keshif and/or its Affiliates. Any unauthorized use of Site Content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither Keshif nor Keshif’s Affiliates warrant or represent that User’s use of Site Content displayed on, or obtained through, this Site will not infringe the rights of third parties. Certain of the ideas, software and processes incorporated into the Keshif Service that is available on this Site may be protected by patent applications pending in, or filed with, the United States, and Keshif may prepare and file additional patent applications in selected foreign jurisdictions. Copyright (c) 2017 Keshif, LLC. All Rights Reserved.

Feedback. By submitting feedback and suggestions, you grant a non-exclusive, perpetual, irrevocable, and royalty-free license to any intellectual property rights you may have in your feedback and suggestions to Keshif to use to improve Keshif products or services. You acknowledge that submission of feedback and suggestions is voluntarily and Keshif may consider or is developing technology that is the same or similar to your feedback or suggestions.

User Submitted Information

User Data. Company agrees that the User Data is owned by User and is protected by U.S. and international intellectual property laws, and that User shall solely own and retain all right, title and interest to, including all intellectual property rights in, the User Data. User is solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and copyright of all User Data, and Company assumes no responsibility for the deletion, correction, destruction, loss, infringement or failure of the Services to store any User Data. Company shall not be required to maintain a backup or copy of any User Data and Company shall have no liability for any loss of User Data, whether caused by Company, User, any third party service provider or any third party. User shall comply with local, national and international laws and regulations applicable to the transmission or storage of data through the Services. User is solely responsible for ensuring that it has all rights necessary to provide the User Data to Company and the Services. User acknowledges and agrees that no transmission or hosting of data is 100% secure and there remains a possibility that User Data may be subject to unauthorized access by hacking, malware, systems breach or other unauthorized method and User shall have no liability relating to any such breach or access.

Suspected Copyright Violations. Keshif respects the intellectual property of others, and Keshif asks Users to do the same. If User believes its copyright, trademark or other property rights have been infringed by User Data on this Site, User should send notification to Keshif, via the contact information on the Site, immediately. To be effective, the notification must include: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) information reasonably sufficient to permit Keshif to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (iii) identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit Keshif to locate the materials; (iv) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Disclaimer of Warranties

The site and all site content on, and services provided through, this site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. without limiting the foregoing, Keshif makes no warranty that (a) the site, site content and services will meet user’s requirements, (b) the site, site content and services will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the site, services or results of the service will be effective, accurate or reliable, or (d) the quality of any products, services, or information purchased or obtained by user from the site from Keshif or Keshif’s affiliates will meet user’s expectations or be free from mistakes, errors or defects.

This site and results of the service could include technical or other mistakes, inaccuracies or typographical errors. the use of the site, services or the downloading or other acquisition of any materials through this site is done at user’s own discretion and risk and with user’s agreement that user will be solely responsible for any damage to user’s computer system(s) or network(s) or loss of data that results from such activities. some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to user.

Limitation of Liability

In no event shall Keshif be liable to user or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not Keshif has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the site, the service, or any site content, or web site referenced or linked to from this site. further, Keshif shall not be liable in any way for third party goods and services offered through this site or for assistance in conducting commercial transactions through this site, including without limitation the processing of orders. keshifs and its affiliates maximum liability under this agreement and for any claims related to a user's use or access to the site shall be $100. some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to user.

Indemnification

Upon a request by Keshif, User agrees to defend, indemnify, and hold Keshif and Keshif’s Affiliates harmless from all liabilities, amounts, damages, claims, alleged claims, costs and expenses, including attorney’s fees, that arise from, are related to or otherwise are connected with (i) User’s use or misuse of this Site; (ii) any misrepresentation, fraud or other act or omission that is inconsistent with the requirements of the Site or any agreements entered into between Keshif and User; (iii) any breach of any provision of these Terms of Use; (iv) any violation of applicable law by User; and (vi) any violation of any intellectual property rights by User, whether Keshif's rights or those of a third party. Keshif reserves the right, at Keshif’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will cooperate with Keshif in asserting any available defenses.

International Use

Although this Site may be accessible worldwide, Keshif makes no representation that (i) use of, or materials on, this Site are appropriate or available for use in locations outside the United States, and (ii) use of the Site or materials on the Site are compliant with foreign law. Users who choose to access this Site from other locations do so on User’s own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site or with the Service is void where prohibited.

Law; Venue

User agrees that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms of Use and any claim or dispute that has arisen or may arise between User and Keshif, except as otherwise stated in these Terms of Use. All claims under these Terms of Use or related to User’s relationship with the Site or Keshif’s Services shall be brought in Arlington, VA.

Entire Agreement

These terms and conditions constitute the entire agreement and understanding between Keshif and User concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by User and Keshif. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. Notwithstanding the foregoing, any submission or screen on the Site related to pricing or otherwise agreed to by User related to usage limitations or pricing for the Site shall supplement these Terms of Use and apply to the User.

General

Assignment; Reproduction of Site. User may not assign User’s rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. Keshif may freely assign Keshif’s rights and obligations under these Terms of Use and novate this Agreement in its entirety.

Force Majeure. In addition to any excuse provided by applicable law or under this Agreement, Keshif shall be excused from liability for non-delivery or delay in delivery of products and services available through this Site arising from any event beyond Keshif’s reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond Keshif’s reasonable control, whether or not similar to those which are enumerated above.

Enforceability; Severability. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

No Waiver. Any failure by Keshif to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision or a waiver of Keshif’s right to enforce or exercise any such provision of these Terms of Use in the future.

Intended Beneficiaries. These Terms of Use are strictly between Keshif and User. There are no intended third party beneficiaries of these Terms of Use.

If you have any questions about these Terms of Use, please contact us at support keshif.me.

Effecive Date: June 29, 2017