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EULAs

KEYAVI IOS APP 

Effective Date: January 1, 2023 

These End User License terms govern your access and use of Keyavi Data Corp.’s (Keyavi, we, our, us) mobile application software, tools and any updates (the Services). As part of these terms, you agree to comply with Keyavi’s most recent version of our Acceptable Use Policy (AUP), which is incorporated by reference into these terms here (collectively, our EULA). Please read this EULA carefully, because it applies to you directly as an authorized user of the Services. Note your use or access of our Services, including any continued use after you get notice of a change to our EULA, is an acknowledgement you understand and accept these terms. If you do not accept these terms then please, do not use our Services.  

  1. YOU ARE AN AUTHORIZED USER. You are an Authorized User as identified by a “Customer” of Keyavi. This Customer is an organization or third party who has invited you to install and use the Services in their environment where the Services have been deployed. You may install and use one copy of the Services as permitted by Apple’s App Store usage rules. 
  1. YOUR USE RIGHTS. You likely have access and will use the Services through your work email address. If you do, your access and use happens because we have a separate agreement with the Customer, who invited you to access and use our Services in their environment. When you as an Authorized User submit information or content to the Services (Customer Data), you acknowledge and agree the Customer Data is owned by the Customer and they control access, provisioning, protection, retention or other processing of their Customer Data.  
  1. YOU, CUSTOMER & US: WORK ACCOUNTS.  Between us and Customer, you agree it is solely the Customer’s duty to (i) inform you of any relevant Customer policies, processes or practices concerning Customer Data; (ii) acquire the rights or consents needed for lawful use of Customer Data and our Services; (iii) ensure transfer and processing of Customer Data through the Services is lawful; and (iv) respond and resolve any disputes with you relating to Customer Data, use of the Services, or Customer’s failure to meet its obligations. Keyavi makes no warranties or representations, express or implied, to you relating to our Services; our Services are provided on an “as is” and “as available” basis. 
  1. Third Party Software. The Services may include third party software licensed to you via this EULA or under their own terms. Even if such applications are governed by other agreements, the disclaimer, limitations on, and exclusions of damages below also apply to the extent allowed by applicable law. 
  1. YOUR OBLIGATIONS. A few rules you need to follow to use our Services: 
  1. YOU MUST BE OF LEGAL AGE. Keyavi did not create the Services to be accessed or used by anyone under the age of 16. You represent you are OVER the legal age and are the intended recipient of Customer’s invitation to the Services. You may not access or use the Services for any purpose if either of the above statements are not true. In any event, you must be of legal working age. 
  1. FOLLOW THE RULES. DON’T BE A JERK. To help us keep everyone safe, as well as provide an environment where you can get amazing things done, as an Authorized User you MUST comply with our AUP and any applicable policies and rules the Customer has set up. If you see or suspect inappropriate conduct or content, please report it to the Customer.  
  1. YOUR USE AND ACCESS CAN BE AXED. This EULA is effective until the Customer’s agreement terminates or your access is terminated by Customer or us. Please contact Customer if you wish to end your access or use of the Services, even if it is because you disagree with this EULA. 
  1. SCOPE OF LICENSE. The software is licensed, not sold. Keyavi reserves all other rights. You will not (and have no right to):  
  1. use the Services other than for its intended purposes; 
  1. copy, modify, translate, adapt or otherwise create derivative works or improvements of the Services;  
  1. work around any technical limitations in the Services that restrict your use; 
  1. reverse engineer, decompile or disassemble the Services; 
  1. remove, minimize, block, or modify notices Keyavi or its suppliers in the Services; 
  1. use the Services for commercial, non-profit, or revenue-generating activities; 
  1. post or transmit into the Services any information, content or software which is subject to any open source or freeware license or contains a virus, cancelbot, trojan horse, worm or other harmful component;  
  1. use the Services for purposes of competitive analysis of the Services, the development of a competing product or service, or any other purpose that is to Keyavi’s competitive disadvantage;  
  1. use the Services in an illegal manner, for an illegal purpose or to create or propagate malware; or 
  1. share, publish, distribute, or lend the Services, provide the Services as a stand-alone hosted solution for others, or transfer the Services, or this EULA, to any third party. 
  1. FEEDBACK. If you give feedback about the Services to Keyavi, you give to Keyavi, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You will not give feedback that is subject to a license requiring Keyavi to license its Services to third parties because Keyavi includes your feedback in them. These rights survive this EULA. 
  1. COMPLIANCE MEASURES. The Services contain technological copy protection or other security features designed to prevent unauthorized use of the Services, including features to protect against use: (a) beyond the scope of this EULA or contract with the Customer; or (b) prohibited under Section 3(d). You shall not, and shall not attempt to, remove, disable, circumvent, or otherwise create or implement any workaround to, any such copy protection or security features. 
  1. DATA COLLECTION & PRIVACY. A Customer’s routine use of the Keyavi Services does not result in the flow of personal data to Keyavi. Personal Data is transferred to Keyavi only when the Customer elects to transmit personal data to Keyavi for Keyavi’s provision of maintenance and/or security measures for a Customer support case. In such instances, you agree Keyavi may use and share such information with third parties for purposes related to your use of the Services such as improving performance of the Service, updating the Service, and/or verifying compliance with the terms of this EULA and enforcing Keyavi’s rights. To learn more about how Keyavi processes personal data we may collect, please see our Privacy Policy. 
  1. SUPPORT SERVICES. Keyavi is not obligated to provide support for the Services. Any support provided is “as is”, “with all faults”, and without warranty of any kind. 
  1. UPDATES. The Services may periodically check for updates and download and install them for you. You may obtain updates only from Keyavi or authorized sources. Keyavi may need to update your system to provide you with updates. You agree to receive these automatic updates without additional notice. Updates may not include or support all existing Services features, tools or peripheral devices. 
  1. INTELLECTUAL PROPERTY RIGHTS. You acknowledge the Services are provided under license to you. You do not acquire any ownership interest or any rights in or to the Services other than as needed in order to use them for their intended purpose, subject to all terms, conditions, and restrictions. Keyavi and its service providers reserve and retain their entire right, title, and interest in and to the Services and all intellectual property rights arising out of or relating to the Services, subject to the license expressly granted to You in this EULA. You shall safeguard all Services from infringement, theft, misuse, misappropriation, or unauthorized access. 
  1. MODIFICATIONS. As we evolve, we may change this EULA. If we make a material change, we will provide the Customer with reasonable notice prior those changes taking effect It will be incumbent upon the Customer to forward any such notices to you. You can review the most current version of this EULA at any time by visiting this page. and by visiting the most current versions of our Acceptable Use Policy and Privacy Policy. Any material revisions to this EULA will become effective on the date in the notice to Customer, with minor changes effective on the date we publish the change. If you use the Services after the effective date of any changes, such use will be your acceptance of the revised terms and conditions. 
  1. WAIVER. No failure or delay by either party in exercising a right under this EULA will constitute a waiver will not be effective unless it is made in writing and signed by an authorized representative of the party deemed to have granted the waiver. 
  1. SEVERABILITY. This EULA will be enforced to the fullest extent permitted under applicable law. If a provision is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in effect. 
  1. ASSIGNMENT. You may not assign any of your rights or delegate your obligations under this EULA, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign this EULA in its entirety (including all terms and conditions incorporated by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. 
  1. EXPORT RESTRICTIONS. The Services may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You must comply with all domestic and international export laws and regulations that apply to the Services, including restrictions on destinations, end users, and end use.  
  1. APPLICABLE LAW. This EULA is governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of Colorado.  
  1. THIRD PARTY BENEFICIARY. You agree that Apple and its subsidiaries are third party beneficiaries of this agreement, and Apple has the right to enforce this agreement. 
  1. LIMITATION OF LIABILITY. If we believe there is a violation of our agreement with the Customer, this EULA, or any of our other policies which may be remedied by Customer’s removal of certain Customer Data or taking other action, we will, in most cases, ask Customer to take action rather than intervene. In our discretion, we may directly step in and take what we determine to be appropriate action (including disabling your account) if we determine Customer has not taken appropriate action or we believe there is a credible risk of harm to us, the Services, Authorized Users, or any third parties. Again, these Services are provided “as is” and on an “as available” basis. You bear all risk associated with using it. In no event will we, our affiliates, or any of its or their respective licensors or service providers be liable to you for any use, interruption, delay or inability to use the Services. Neither Keyavi nor any affiliates or any of its or their respective licensors or service providers have any obligation or liability for, and so now expressly disclaims any and all liability for, any loss, disclosure, alteration, destruction, damage, corruption, recovery of, or unauthorized access to your content, data, documents, files, materials or other property in connection with the use of our Services. You are provided our Services via our agreement with the Customer, solely for the Customer’s benefit and at its sole discretion. You acknowledge you have no rights under such agreement including any rights to enforce any of its terms. Any obligation or liability Keyavi or its affiliates or any of its or their respective licensors or service providers may have concerning your use or inability to use the Services shall be solely to the Customer, as defined by our agreement with Customer, which is subject to all limitations of liability described in that agreement. In no event will we have any liability to you for lost profits or revenues, or for any indirect, special, incidental, consequential, or punitive damages however caused, whether in contract, tort or under any theory of liability, whether or not the party has been advised of the possibility of such damages. 
  1. APPLICATION OF CONSUMER LAW. The Services are a workplace tool intended for use by organizations and businesses, and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If, however, any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in this EULA will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and our liability is limited (at our option) to the replacement, repair or resupply of the Services or the pro-rata refund to Customer of pre-paid fees for your subscription for the remainder of the term. 
  1. TERMINATION. Without prejudice to any other rights, Keyavi may terminate this EULA if you fail to comply with any of its terms or conditions. In such event, you must destroy all copies of the software and all of its component parts. 
  1. ENTIRE AGREEMENT. This EULA, and any terms Keyavi may provide for updates, supplements, or third-party software, is the entire agreement for the Services. 
  1. CONTACTING KEYAVI. Please also feel free to contact us if you have any questions about Keyavi’s EULA. You may contact us at [email protected] or at our mailing address below: 

Keyavi Data Corp. 
1099 Main Ave  
Suite 222  
Durango, CO 81301 

KEYAVI ANDROID APP 

Effective Date: January 1, 2023 

These End User License terms govern your access and use of Keyavi Data Corp.’s (Keyavi, we, our, us) mobile application software, tools and any updates (the Services). As part of these terms, you agree to comply with Keyavi’s most recent version of our Acceptable Use Policy (AUP), which is incorporated by reference into these terms here (collectively, our EULA). Please read this EULA carefully, because it applies to you directly as an authorized user of the Services. Note your use or access of our Services, including any continued use after you get notice of a change to our EULA, is an acknowledgement you understand and accept these terms. If you do not accept these terms then please, do not use our Services.  

  1. YOU ARE AN AUTHORIZED USER. You are an Authorized User as identified by a “Customer” of Keyavi. This Customer is an organization or third party who has invited you to install and use the Services in their environment where the Services have been deployed. You may install and use one copy of the Services as permitted by Google Play Store usage rules. 
  1. YOUR USE RIGHTS. You likely have access and will use the Services through your work email address. If you do, your access and use happens because we have a separate agreement with the Customer, who invited you to access and use our Services in their environment. When you as an Authorized User submit information or content to the Services (Customer Data), you acknowledge and agree the Customer Data is owned by the Customer and they control access, provisioning, protection, retention or other processing of their Customer Data.  
  1. YOU, CUSTOMER & US: WORK ACCOUNTS.  Between us and Customer, you agree it is solely the Customer’s duty to (i) inform you of any relevant Customer policies, processes or practices concerning Customer Data; (ii) acquire the rights or consents needed for lawful use of Customer Data and our Services; (iii) ensure transfer and processing of Customer Data through the Services is lawful; and (iv) respond and resolve any disputes with you relating to Customer Data, use of the Services, or Customer’s failure to meet its obligations. Keyavi makes no warranties or representations, express or implied, to you relating to our Services; our Services are provided on an “as is” and “as available” basis. 
  1. Third Party Software. The Services may include third party software licensed to you via this EULA or under their own terms. Even if such applications are governed by other agreements, the disclaimer, limitations on, and exclusions of damages below also apply to the extent allowed by applicable law. 
  1. YOUR OBLIGATIONS. A few rules you need to follow to use our Services: 
  1. YOU MUST BE OF LEGAL AGE. Keyavi did not create the Services to be accessed or used by anyone under the age of 16. You represent you are OVER the legal age and are the intended recipient of Customer’s invitation to the Services. You may not access or use the Services for any purpose if either of the above statements are not true. In any event, you must be of legal working age. 
  1. FOLLOW THE RULES. DON’T BE A JERK. To help us keep everyone safe, as well as provide an environment where you can get amazing things done, as an Authorized User you MUST comply with our AUP and any applicable policies and rules the Customer has set up. If you see or suspect inappropriate conduct or content, please report it to the Customer.  
  1. YOUR USE AND ACCESS CAN BE AXED. This EULA is effective until the Customer’s agreement terminates or your access is terminated by Customer or us. Please contact Customer if you wish to end your access or use of the Services, even if it is because you disagree with this EULA. 
  1. SCOPE OF LICENSE. The software is licensed, not sold. Keyavi reserves all other rights. You will not (and have no right to):  
  1. use the Services other than for its intended purposes; 
  1. copy, modify, translate, adapt or otherwise create derivative works or improvements of the Services;  
  1. work around any technical limitations in the Services that restrict your use; 
  1. reverse engineer, decompile or disassemble the Services; 
  1. remove, minimize, block, or modify notices Keyavi or its suppliers in the Services; 
  1. use the Services for commercial, non-profit, or revenue-generating activities; 
  1. post or transmit into the Services any information, content or software which is subject to any open source or freeware license or contains a virus, cancelbot, trojan horse, worm or other harmful component;  
  1. use the Services for purposes of competitive analysis of the Services, the development of a competing product or service, or any other purpose that is to Keyavi’s competitive disadvantage;  
  1. use the Services in an illegal manner, for an illegal purpose or to create or propagate malware; or 
  1. share, publish, distribute, or lend the Services, provide the Services as a stand-alone hosted solution for others, or transfer the Services, or this EULA, to any third party. 
  1. FEEDBACK. If you give feedback about the Services to Keyavi, you give to Keyavi, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You will not give feedback that is subject to a license requiring Keyavi to license its Services to third parties because Keyavi includes your feedback in them. These rights survive this EULA. 
  1. COMPLIANCE MEASURES. The Services contain technological copy protection or other security features designed to prevent unauthorized use of the Services, including features to protect against use: (a) beyond the scope of this EULA or contract with the Customer; or (b) prohibited under Section 3(d). You shall not, and shall not attempt to, remove, disable, circumvent, or otherwise create or implement any workaround to, any such copy protection or security features. 
  1. DATA COLLECTION & PRIVACY. A Customer’s routine use of the Keyavi Services does not result in the flow of personal data to Keyavi. Personal Data is transferred to Keyavi only when the Customer elects to transmit personal data to Keyavi for Keyavi’s provision of maintenance and/or security measures for a Customer support case. In such instances, you agree Keyavi may use and share such information with third parties for purposes related to your use of the Services such as improving performance of the Service, updating the Service, and/or verifying compliance with the terms of this EULA and enforcing Keyavi’s rights. To learn more about how Keyavi processes personal data we may collect, please see our Privacy Policy. 
  1. SUPPORT SERVICES. Keyavi is not obligated to provide support for the Services. Any support provided is “as is”, “with all faults”, and without warranty of any kind. 
  1. UPDATES. The Services may periodically check for updates and download and install them for you. You may obtain updates only from Keyavi or authorized sources. Keyavi may need to update your system to provide you with updates. You agree to receive these automatic updates without additional notice. Updates may not include or support all existing Services features, tools or peripheral devices. 
  1. INTELLECTUAL PROPERTY RIGHTS. You acknowledge the Services are provided under license to you. You do not acquire any ownership interest or any rights in or to the Services other than as needed in order to use them for their intended purpose, subject to all terms, conditions, and restrictions. Keyavi and its service providers reserve and retain their entire right, title, and interest in and to the Services and all intellectual property rights arising out of or relating to the Services, subject to the license expressly granted to You in this EULA. You shall safeguard all Services from infringement, theft, misuse, misappropriation, or unauthorized access. 
  1. MODIFICATIONS. As we evolve, we may change this EULA. If we make a material change, we will provide the Customer with reasonable notice prior those changes taking effect It will be incumbent upon the Customer to forward any such notices to you. You can review the most current version of this EULA at any time by visiting this page. and by visiting the most current versions of our Acceptable Use Policy and Privacy Policy. Any material revisions to this EULA will become effective on the date in the notice to Customer, with minor changes effective on the date we publish the change. If you use the Services after the effective date of any changes, such use will be your acceptance of the revised terms and conditions. 
  1. WAIVER. No failure or delay by either party in exercising a right under this EULA will constitute a waiver will not be effective unless it is made in writing and signed by an authorized representative of the party deemed to have granted the waiver. 
  1. SEVERABILITY. This EULA will be enforced to the fullest extent permitted under applicable law. If a provision is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in effect. 
  1. ASSIGNMENT. You may not assign any of your rights or delegate your obligations under this EULA, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign this EULA in its entirety (including all terms and conditions incorporated by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. 
  1. EXPORT RESTRICTIONS. The Services may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You must comply with all domestic and international export laws and regulations that apply to the Services, including restrictions on destinations, end users, and end use.  
  1. APPLICABLE LAW. This EULA is governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of Colorado.  
  1. THIRD PARTY BENEFICIARY. You agree that Apple and its subsidiaries are third party beneficiaries of this agreement, and Apple has the right to enforce this agreement. 
  1. LIMITATION OF LIABILITY. If we believe there is a violation of our agreement with the Customer, this EULA, or any of our other policies which may be remedied by Customer’s removal of certain Customer Data or taking other action, we will, in most cases, ask Customer to take action rather than intervene. In our discretion, we may directly step in and take what we determine to be appropriate action (including disabling your account) if we determine Customer has not taken appropriate action or we believe there is a credible risk of harm to us, the Services, Authorized Users, or any third parties. Again, these Services are provided “as is” and on an “as available” basis. You bear all risk associated with using it. In no event will we, our affiliates, or any of its or their respective licensors or service providers be liable to you for any use, interruption, delay or inability to use the Services. Neither Keyavi nor any affiliates or any of its or their respective licensors or service providers have any obligation or liability for, and so now expressly disclaims any and all liability for, any loss, disclosure, alteration, destruction, damage, corruption, recovery of, or unauthorized access to your content, data, documents, files, materials or other property in connection with the use of our Services. You are provided our Services via our agreement with the Customer, solely for the Customer’s benefit and at its sole discretion. You acknowledge you have no rights under such agreement including any rights to enforce any of its terms. Any obligation or liability Keyavi or its affiliates or any of its or their respective licensors or service providers may have concerning your use or inability to use the Services shall be solely to the Customer, as defined by our agreement with Customer, which is subject to all limitations of liability described in that agreement. In no event will we have any liability to you for lost profits or revenues, or for any indirect, special, incidental, consequential, or punitive damages however caused, whether in contract, tort or under any theory of liability, whether or not the party has been advised of the possibility of such damages. 
  1. APPLICATION OF CONSUMER LAW. The Services are a workplace tool intended for use by organizations and businesses, and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If, however, any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in this EULA will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and our liability is limited (at our option) to the replacement, repair or resupply of the Services or the pro-rata refund to Customer of pre-paid fees for your subscription for the remainder of the term. 
  1. TERMINATION. Without prejudice to any other rights, Keyavi may terminate this EULA if you fail to comply with any of its terms or conditions. In such event, you must destroy all copies of the software and all of its component parts. 
  1. ENTIRE AGREEMENT. This EULA, and any terms Keyavi may provide for updates, supplements, or third-party software, is the entire agreement for the Services. 
  1. CONTACTING KEYAVI. Please also feel free to contact us if you have any questions about Keyavi’s EULA. You may contact us at [email protected] or at our mailing address below: 

Keyavi Data Corp. 
1099 Main Ave  
Suite 222  
Durango, CO 81301