Welcome to Keeyu. These Terms of Use ("Terms") form a binding agreement between you ("you", "your" or "Customer") and Keeyu ("Keeyu", "we", "us" or "our") and govern your access to and use of the Keeyu website, platform, and related services (together, the "Service").
By creating an account, clicking "I accept", or otherwise accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not access or use the Service.
Keeyu is a software-as-a-service platform that helps e-commerce brands prevent complaints before they become helpdesk tickets. We provide tools, analytics and workflows that enable merchants to identify, reduce and resolve customer friction earlier in the buying journey.
The Service is intended for business use only and is only available to users who are at least 18 years old and capable of entering into a legally binding contract. By using the Service you represent and warrant that you are at least 18 years of age; you have the legal authority to enter into these Terms (including, where you are using the Service on behalf of a company or other legal entity, the authority to bind that entity); and your use of the Service will comply with all applicable laws and these Terms.
If you are under 18, you must not use the Service or submit any personal information to us.
To use the Service, you must create an account. You agree to provide accurate, current and complete information when registering; keep your account credentials (including your password) confidential and secure; notify us immediately at support@keeyu.app of any unauthorised use of your account or any other suspected security breach; and be responsible for all activity that occurs under your account.
We may suspend or terminate your account if we reasonably believe you have breached these Terms or engaged in conduct that may harm Keeyu, other users, or third parties.
Access to the Service is provided on a paid subscription basis (monthly or annual), as selected by you at the point of sign-up or in your account settings. Details of current plans and fees are available on our website.
Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on the plan you select) and are non-refundable except where required by law. All fees are stated in the currency shown at checkout and are exclusive of any applicable taxes (including GST), which will be added where required.
Your subscription will automatically renew at the end of each billing period at the then-current rate unless you cancel before the renewal date. You can cancel at any time through your account settings, in which case your subscription will remain active until the end of the current paid period.
We may change our fees from time to time. We will give you at least 30 days' notice of any price increase, and the new price will take effect at the start of your next billing period after the notice.
If a payment fails or is overdue, we may suspend or terminate your access to the Service until payment is made.
You retain all rights in the data, text, files, information and other content that you or your end customers submit to the Service ("Customer Data"). You grant Keeyu a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, display, process and analyse Customer Data solely as necessary to provide, secure, support and improve the Service.
You are solely responsible for Customer Data and represent and warrant that you have all rights, consents and permissions necessary to provide Customer Data to Keeyu and to allow us to process it as contemplated by these Terms; Customer Data does not infringe any third party rights or violate any law; and you will comply with all applicable privacy and data protection laws in respect of Customer Data, including the Privacy Act 1988 (Cth) where applicable.
We may generate and use aggregated, de-identified or anonymised data derived from your use of the Service for any lawful purpose, including to operate, improve and benchmark the Service, provided such data does not identify you or any individual.
You agree not to, and not to permit anyone else to: use the Service in violation of any law or regulation; reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service; copy, modify, distribute, sell, lease or sublicense any part of the Service; interfere with, disrupt, or attempt to gain unauthorised access to the Service or any related systems or networks; introduce malware, viruses, or any other harmful code; use the Service to send spam, unsolicited communications or any unlawful or harmful content; use the Service to build a competing product or benchmark it without our prior written consent; or use any automated means (including bots, scrapers or crawlers) to access the Service, except as expressly permitted by us.
The Service, and all associated software, content, trademarks, logos and materials (other than Customer Data) are owned by Keeyu or its licensors and are protected by intellectual property laws. Subject to your compliance with these Terms, Keeyu grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during your subscription term. No other rights are granted by implication, estoppel or otherwise.
If you provide us with feedback, suggestions or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, reproduce and exploit that Feedback for any purpose, without obligation or compensation to you.
The Service may integrate with or link to third-party services (for example, analytics, email delivery or cloud hosting providers). We are not responsible for third-party services, and your use of them is subject to their own terms and policies.
Each party may receive information of the other that is confidential ("Confidential Information"). The receiving party will use Confidential Information only to perform its obligations and exercise its rights under these Terms, and will protect it using at least the same standard of care it uses to protect its own confidential information (and not less than reasonable care). This clause does not apply to information that is public, independently developed, or lawfully received from a third party without confidentiality obligations.
We aim to make the Service available at all times, but we do not guarantee uninterrupted or error-free access. We may suspend access for maintenance, upgrades, security, or emergency reasons, and will use reasonable efforts to give notice where practicable.
To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose or non-infringement.
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you may have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot be lawfully excluded. Where our liability for a breach of a non-excludable guarantee can be limited, our liability is limited, at our option, to re-supplying the Service or paying the cost of having the Service re-supplied.
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or in connection with the Service or these Terms; and Keeyu's total aggregate liability arising out of or in connection with these Terms or the Service, whether in contract, tort (including negligence), statute or otherwise, is capped at the total fees paid by you to Keeyu for the Service in the 12 months immediately preceding the event giving rise to the liability.
You agree to indemnify and hold harmless Keeyu and its officers, employees and contractors from and against any losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with (a) your breach of these Terms; (b) your Customer Data; or (c) your violation of any law or third-party right.
These Terms apply for as long as you have an account or use the Service.
You may cancel your subscription at any time through your account settings. We may terminate or suspend your access to the Service at any time for convenience on 30 days' notice.
Either party may terminate these Terms immediately if the other materially breaches the Terms and fails to cure the breach within 14 days of written notice, or if the other becomes insolvent or enters into any form of external administration.
On termination, your right to access and use the Service ends. You may export Customer Data during your subscription and for 30 days after termination, after which we may delete it in accordance with our data retention practices. Clauses intended to survive termination (including clauses 5.3, 7, 8, 10, 13, 14 and 17) will do so.
We may update these Terms from time to time. If we make a material change, we will give you reasonable notice (for example, by email or an in-product notification) before the change takes effect. Your continued use of the Service after the change takes effect constitutes acceptance of the updated Terms.
These Terms are governed by the laws of New South Wales, Australia. You and Keeyu submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia and courts of appeal from them.
Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Keeyu regarding the Service.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Severability. If any provision is held invalid or unenforceable, the remaining provisions will continue in full force.
No waiver. A failure to enforce any provision is not a waiver of that or any other provision.
Force majeure. Neither party will be liable for delay or failure to perform caused by events beyond its reasonable control.
Notices. We may provide notices to you by email or through the Service. You may send notices to us at support@keeyu.app.
If you have any questions about these Terms, please contact us at support@keeyu.app.