Everykey Legal


Privacy Policy Return Policy Shipping Policy
Product Safety Information and Warning Limited Warranty
Passwords and Security Limitation of Liability Product Limitations
FCC Statement and Warning IC Compliance Statement
End User License Agreement



 




Privacy Policy


This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience. You may also enter your device and website passwords through an application or web browser. These passwords may ultimately be stored on a remote server, in an encrypted or hashed form. Please refer to our Limited Warranty (everykey.com/legal/#warranty), Passwords and Security (everykey.com/legal/#passwords), and Limitation of Liability (everykey.com/legal/#liability) for more information.

When do we collect information?
We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form, Use Live Chat, Open a Support Ticket or enter information on our site, or provide us with feedback on our products or services.

How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:


How do we Protect your Information?


Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.



Cookies


We do not use cookies for tracking purposes

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.

If you turn cookies off, some features will be disabled that may make your site experience different from the intended experience and may make the site not function properly.



Third-Party Disclosure


We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.



Third-Party Links


Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.



Google


Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. support.google.com/adwordspolicy

We use Google AdSense Advertising on our website.

Google, as a third-party vendor, uses cookies to serve ads on our site. Google's use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.

We have implemented the following:
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.



Opting Out


Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.



California Online Privacy Protection Act


CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared.

According to CalOPPA, we agree to the following:
You will be notified of any Privacy Policy changes on our Privacy Policy Page.

You can change your personal information:
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third-party behavioral tracking?
It's also important to note that we allow third-party behavioral tracking



COPPA (Children Online Privacy Protection Act)


When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.

We do not specifically market to children under the age of 13 years old.



Fair Information Practices


The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
We will notify the users via in-site notification
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.



CAN SPAM Act


The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:
To be in accordance with CANSPAM, we agree to the following:
If at any time you would like to unsubscribe from receiving future emails, you can: and we will promptly remove you from ALL correspondence.



Contacting Us


If there are any questions regarding this privacy policy, you may contact us using the information below.

Everykey Inc.
1988 Ford Dr
Cleveland, Ohio 44106
United States
support@everykey.com
+1 (855) 666-5006

Last Edited on 2016-08-02
 




Return Policy


We accept refunds and exchanges. Please refer to the following sections regarding returns, refunds, and exchanges for instructions on how to initiate a return or exchange.



Returns


We offer a 30-day money back guarantee on all Everykey products and accessories. If more than 30 days have gone by since your purchase, unfortunately we can't offer you a refund or exchange.

To submit a return request, please contact support@everykey.com with your receipt number along with the last four digits of the credit card number you used to place the order. Do not ship items to Everykey until we've provided you with instructions to return the items.

To be eligible for a return, your item must be unused and in the same condition in which you received it. It must also be in the original packaging. You are responsible for shipping and handling costs involved with returning items to Everykey.

There are certain situations where only partial refunds are granted:
If your order has been returned within 30 days, and your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment. This process can take up to two weeks.



Refunds


If your order has not yet been shipped and you would like a refund, please contact support@everykey.com with your receipt number along with the last four digits of the credit card number you used to place the order.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment. This process can take up to two weeks.


Sale Items


Only regular priced items may be refunded, unfortunately sale items cannot be refunded.


Exchanges


We only replace items if they are defective or damaged. If you need to exchange an item for the same item, please contact support@everykey.com with your receipt number along with the last four digits of the credit card number you used to place the order. Do not ship items to Everykey until we've provided you with instructions to return the items.


Shipping


You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping item(s) over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We can't guarantee that we will receive your returned item.


Pricing


We reserve the right to change our products' prices without notice.

Prices for our products listed on any other websites may not be accepted. We sell our products through various channels online and we do not control when they are updated. We maintain the right to not accept a price listed on a website other than our own.
 




Shipping Policy


THESE CONDITIONS OF PRE-ORDER AND SALE ("AGREEMENT") SET FOURTH THE TERMS UPON WHICH EVERYKEY INC. SELLS AND YOU PRE-ORDER AND PURCHASE PRODUCTS OFFERED BY EVERYKEY INC. "YOU" IS DEFINED AS THE PERSON PLACING THE ORDER OR THE ENTITY HE/SHE IS REPRESENTING.

BY PURCHASING AN EVERYKEY PRODUCT THROUGH THIS WEBSITE, YOU ARE AGREEING TO THIS AGREEMENT, WHICH FORMS A BINDING AGREEMENT BETWEEN YOU AND EVERYKEY INC. UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. DO NOT PRE-ORDER A PRODUCT IF YOU DO NOT ACCEPT THIS AGREEMENT.

By ordering through this website, you agree to the shipping policies as follows. All shipping and delivery dates are estimates only and are subject to change at Everykey's sole discretion. Everykey reserves the right to ship units in the order based upon users operating system and device preference. Please refer to our Return Policy (everykey.com/legal/#return) regarding our terms for refunds, returns, and exchanges.
 




Product Safety Information and Warning




Product Operating Conditions


Operating Temperature: 14° to 140° F / -10° to 60° C
Non-Operating Temperature: 32° to 113° F / 0° to 45° C

Water Resistant: Everykey is water resistant and there is better protection of the Key when it is within an approved Everykey accessory.



Product Disposal Information


Everykey to be disposed separately from ordinary household waste at end of life. Please be aware that this is your responsibility to dispose of electronic equipment at the proper recycling facilities. For information about your recycling drop off point, please contact your local electrical and electronic equipment waste management authority.
 




Limited Warranty


Everykey, Everykey Wristband Accessory, Everykey Key Ring Accessory, Everykey Bluetooth Dongle, and the USB to Micro USB Charging Cable (collectively, the "Products") are covered under a one year, limited warranty. Everykey warrants to the original purchaser that the Products will be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase ("Warranty Period"). Everykey does not warrant that the Products will operate without interruption or error, or that they are completely secure. This limited warranty does not cover software embedded in the Products or any services provided by Everykey. Please refer to the license agreement accompanying the software and the Everykey service terms of use for details regarding your rights with respect to any such software or services.

If a defect arises and you submit a valid warranty claim to Everykey within the Warranty Period, then Everykey will, at its option, either repair or replace the defective Product. Such repair or replacement shall be your sole and exclusive remedy, to the extent permitted by law. Shipping and handling charges may apply, except where prohibited by law. For return policy information, visit Everykey.com. Any replacement Product will be warranted for the remainder of the original Warranty Period or thirty (30) days from shipment, whichever is longer.

Everykey may require that you furnish proof of purchase details in order to receive warranty service. It's your responsibility to back-up and delete from the device any data you may have stored on the Product prior to sending it to Everykey for warranty service. Everykey is not responsible for any data that is lost or corrupted in the course of warranty services.

The limited warranty does not apply to any Product that (i) has been altered or modified by anyone other than Everykey, (ii) has suffered damage due to accident, abuse, or misuse, (iii) has been used other than in accordance with the descriptions set out in this User Manual, or (iv) has been damaged as a result of using the Product with improper voltage or power supply or use in conjunction with hardware or software not approved by Everykey. Everykey reserves the right to refuse warranty service for any of the foregoing reasons, or if procedures in the User Manual were not followed correctly.

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE LIMITED IN DURATION TO THE WARRANTY PERIOD.



Governing Law


This limited warranty is governed by the laws of the State of Ohio, without regard to conficts of laws principles.
 




Passwords and Security


You are responsible for establishing and managing the passwords for your devices and accounts, and for maintaining those passwords for your devices and accounts, and for maintaining those passwords in con dence. Everykey is not responsible for (1) lost, corrupted or forgotten passwords or other credentials that may prevent you from accessing any device or account, or (2) any unauthorized third party access to, or use of, any data that you may store via the Products - whether resulting from hacking, other malicious activity, or the use of your Everykey account credentials.
 




Limitation of Liability


EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, EVERYKEY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF WARRANTY OR UNDER ANY OTHER LEGAL THEORY, EVEN IF EVERYKEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, EVERYKEY WILL NOT BE LIABLE TO YOU FOR ANY AMOUNT IN EXCESS OF THE PRICE YOU PAID FOR THE PRODUCT.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights in addition to or instead of this limited warranty. These legal rights vary from jurisdiction to jurisdiction. You should review local laws to determine if additional warranty rights are afforded to you.
 




Product Limitations


Limitations may apply to Everykey's feature set and device compatibility. We do not guarantee that Everykey will work with your devices, website accounts, or applications. As we develop improvements to the Everykey ecosystem and new features are implemented, over-the-air firmware updates and software updates will be made available. Features as advertised, such as compatibility with certain operating systems, web browsers, house doors, and cars, may not be immediately available when you receive your Everykey and may never be realized.

By purchasing an Everykey product from this website or any other channel, you acknowledge that Everykey may not be compatible with your devices. Furthermore, you agree to indemnify and hold harmless, Everykey Inc, for any incompatibilities, of features advertised or otherwise.
 




FCC Statement and Warning


The Everykey device complies with Part 15 of FCC Rules. Operation is subject to the following two conditions:
  1. The Everykey device may not cause harmful interference.
  2. The Everykey device must accept any interference, including interference that may cause undesired operation of the device.

Any changes or modifications not expressly approved could void the user's authority to operate the equipment.

This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses, and can radiate radio frequency energy. If not installed and used in accordance with the instructions, it may cause harmful interference to radio communications.

However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try and correct the interference by one or more of the following measures:
This equipment complies with FCC radiation exposure limits set forth for an uncontrolled environment. End users must follow the specific operating instructions for satisfying RF exposure compliance. This transmitter meets both portable and mobile limits as demonstrated in the RF Exposure Analysis. This transmitter must not be co-located or operating in conjunction with any other antenna or transmitter except in accordance with FCC multi-transmitter product procedures.

The Everykey device meets the FCC and IC requirements for RF exposure in public or uncontrolled environments.

FCC ID: QOQBLE113
 




IC Compliance Statement


The Everykey device complies with Industry Canada License - exempt RSS standard(s). Operation is subject to the following two conditions: 1) the Everykey device may not cause interference, and 2) the Everykey device must accept any interference, including interference that may cause undesired operation of the device.

Cet appareil est conforme avec Industrie Canada exempts de licence standard RSS(s). L'utilisation de ce dispositif est autorisée seulement aux conditions suivantes: 1) il ne doit pas produire de brouillage et 2) l'utilisateur du dispositif doit étre prêt à accepter tout brouillage radioélectrique reçu, même si ce brouillage est susceptible de compromettre le fonctionnement du dispositif.

Under Industry of Canada regulations, this radio transmitter may only operate using an antenna of a type and maximum (or lesser) gain approved for the transmitter by Industry Canada. To reduce potential radio interference to other users, the antenna type and its gain should be so chosen that the equivalent isotropically radiated power (e.i.r.p.) is not more than that necessary for successful communication.

IC: 5123A-BGTBLE113
 




End User License Agreement


USE OF AN EVERYKEY APPLICATION OR BROWSER EXTENSION ("APPLICATION") CONSTITUTES ACCEPTANCE OF THIS END USER LICENSE AGREEMENT ("AGREEMENT"), AS SUCH MAY BE REVISED FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER ("USER") AND EVERYKEY, INC. ("COMPANY") GOVERNING USE OF THE APPLICATION. BY DOWNLOADING OR INSTALLING AN EVERYKEY APPLICATION OR BROWSER EXTENSION, THE USER ACKNOWLEDGES, AND AGREES TO BE BOUND BY, THE TERMS OF THIS AGREEMENT.

Content: All Application content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, displays, HTML code and scripts (collectively, the "Application Content"), and the collection, arrangement and assembly of the Application Content, is the property of Company and its licensors, and is protected by copyright law and other U.S. and international laws and treaties. The User is granted no right, title or interest in or to the Application Content other than the limited license expressly set forth in this Agreement. The User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the Application Content, or any portion thereof, without the express permission of Company.

Use of Application Content: The Application, including all Application Content, is provided to the User as a tool to enable and manage the operation of one or more Everykey devices (each an "Everykey Device"). Subject to the terms of this Agreement, the User is hereby granted a non-exclusive, non-transferable, limited, revocable license to access and use the Application and the Application Content for the purpose of enabling and managing the operation of User's own Everykey Devices. All rights not expressly granted are reserved by Company and its licensors. This limited license may be revoked at any time for any reason or no reason.

Trademarks: All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, "Marks") contained in, or used in connection with, the Application are expressly reserved by Company and its licensors. The Marks, and all associated logos or images, are registered and/or common law trademarks, and are protected by U.S. and international laws and treaties. No license with respect to the use of the Marks is granted to the User under this Agreement or by virtue of User's use of the Application. The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of Company or the applicable rights holder.

Links: The Application may include links to third party websites not operated by Company. These links are provided for the User's convenience and in no way signify any endorsement of any such websites or the content thereof. ACCESS TO ANY SUCH LINKED WEBSITE IS AT THE USER'S OWN RISK, AND COMPANY WILL NOT HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO SUCH WEBSITES AND/OR THEIR CONTENT, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY USE OF OR RELIANCE ON ANY SUCH CONTENT, OR ANY GOODS OR SERVICES, AVAILABLE ON OR THROUGH ANY SUCH WEBSITE.

User Information: Some functionality of the Application may require the transmission of information provided by the User ("User Information"). By using such functionality, the User consents to the transmission of User Information to Company and/or its agents and authorizes Company and/or its agents to record, process, and store such User Information as necessary for the Application functionality, the operation of the User's Everykey Devices and for the purposes described in the Privacy Policy located at everykey.com/legal/#privacy, which is incorporated herein by reference.

Acceptable Use: The User's permitted use of the Application and Application Content is limited to the standard functionality of the Application. In no event may the Application be used in a manner that (i) is unlawful, fraudulent or deceptive, (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights), (iii) uses technology or other means not authorized by Company to access Application Content, (iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, (v) attempts to gain unauthorized access to Company's systems or user accounts, (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability, (vii) attempts to damage, disable or overburden Company's servers or networks, or (viii) fails to comply with applicable third party terms. The User must comply with all applicable third party terms and conditions (e.g., wireless carrier terms of service) at all times while using the Application. Company reserves the right, in its sole discretion, to terminate the license granted to the User hereunder and/or bring legal action against the User if the User engages in, or Company reasonably believes the User has engaged in or is engaging in, use that violates this Agreement. Company's failure or delay in taking such actions does not constitute a waiver of its rights to enforce this Agreement.

Passwords and Security: The User is responsible for establishing and managing the passwords for the User's accounts and devices, and for maintaining those passwords in confidence - whether or not such passwords are generated by an Everykey Device. Company is not responsible for (i) lost, corrupted or forgotten passwords or other credentials that may prevent the User from accessing any account or device, or (ii) any unauthorized third party access to, or use of, any data that the User may store via an Everykey Device - whether resulting from hacking, other malicious activity, or the use of the User's Everykey Account credentials. The User expressly acknowledges that the proper operation of the remote unlock feature of the Everykey Devices requires the User's device to have Bluetooth or other other compatible wireless communication technology.

Notifications: The User may opt to receive reminders, push notifications or other communications regarding use of the User's Everykey Devices or other related matters. By submitting the User's mobile telephone number to the Application, the User is consenting to receive text message communications via the Application and hereby acknowledges that the User's mobile carrier may impose certain fees with respect to such text messages. The User further agrees to keep the User's mobile telephone number and other contact information provided to the Application current at all times and to promptly update such information in the Application to the extent of any change. The User may manage communications settings in the Application. All such notifications are provided as a convenience to the User, and Company shall not have any liability arising out of or related to such notices, or for any damages or loss caused or alleged to be caused by or in connection with any failure to provide such notices as or when scheduled.

Eligibility; Jurisdiction: The User represents and warrants that (i) the User is at least 18 years of age and is fully competent and able to enter into this Agreement and to abide by the terms hereof; (ii) the User is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist support" country, and (iii) the User is not included on any U.S. Government list of prohibited or restricted parties. In any event, the User affirms that the User is at least 13 years of age, as the Application is not intended for children under the age of 13. Company provides the application for use in the United States of America. Company does not represent the Application is available or appropriate for use in other jurisdictions. Any access to or use of the Application from other jurisdictions is at the User's sole risk and the User is responsible for complying with all applicable local laws.

Disclaimers: COMPANY AND ITS LICENSORS DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE APPLICATION CONTENT OR REPRESENT THAT THE APPLICATION OR THE APPLICATION CONTENT IS ERROR-FREE OR CAPABLE OF OPERATING ON AN UNINTERRUPTED BASIS. THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability: USE OF THE APPLICATION IS AT THE USER'S OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (I) USE OR MISUSE OF THE APPLICATION OR THE APPLICATION CONTENT; (II) INABILITY TO ACCESS OR USE THE APPLICATION OR THE APPLICATION CONTENT; (III) ANY LOSS OR CORRUPTION OF DATA OR INFORMATION SUBMITTED VIA THE APPLICATION; (IV) ANY COMMUNICATIONS OR SERVICES PROVIDED BY, OR REQUESTED FROM, COMPANY VIA THE APPLICATION; OR (V) ANY PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE APPLICATION. COMPANY'S LIABILITY TO YOU FOR DIRECT DAMAGES SHALL NOT, IN ANY EVENT, EXCEED THE AMOUNT THAT YOU PAID FOR THE APPLICATION. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

Indemnity: Upon request by Company, the User agrees to indemnify, defend and hold harmless Company and its employees, contractors, officers, directors, and licensors from and against all claims, suits, demands, damages, liabilities, loss, cost, and expense (including reasonable attorneys' fees) that arise from: (i) the User's use or misuse of the Application; (ii) the User's violation of this Agreement; or (iii) the User's violation of any third party right, including without limitation any copyright, property or privacy right. Company reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with Company in asserting any available defenses.

Changes to Application: At any time and without notice to the User, Company may change or modify the Application, or any features or functions thereof, or may suspend or discontinue the Application, or stop supporting the Application, or any aspect thereof. Any such termination, change, suspension or discontinuance shall be without liability to the User.

Changes to Terms; Updates: Company reserves the right to change the terms of this Agreement at any time, and in its sole discretion, by changing this Agreement within the Application. The User's continued use of the Application after any such changes to this Agreement are made available through the Application will constitute the User's acceptance of those changes. This Agreement shall govern any updates to, or supplements or replacements for, the Application unless separate terms are provided in conjunction with such updates, supplements or replacements - in which case such separate terms will apply.

Severability: If any term or provision of this Agreement or the application thereof to any person, entity or circumstance shall be invalid or unenforceable, the remainder of this Agreement shall be unaffected thereby and each remaining term or provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

Governing Law: This Agreement is governed by the laws of the State of Ohio and applicable federal laws of the United States of America, without giving effect to conflict of laws principles. The User irrevocably consents to the exclusive jurisdiction of the federal and state courts situated in Cuyahoga County, Ohio, USA for purposes of any legal action arising out of or related to this Agreement or use of the Application.

Contact: Any questions, complaints, or claims regarding the Application may be directed to: support@everykey.com.

Supplemental Terms: The following supplemental terms are in addition to the general terms set out above and apply to users who install a version of the Application designed for use on an iPhone, iPad or other device provided by Apple, Inc. ("Apple"):

  1. The User acknowledges that this Agreement is concluded between the User and Company only, and not with Apple, and that Apple is not responsible for the Application or the content thereof.
  2. The User's use of the Application on Apple devices is subject to Usage Rules set forth in Apple's App Store Terms of Service, which the User agrees are binding on the User. The license granted to User pursuant to this Agreement is limited to use of the Application on an iOS device owned or controlled by the User.
  3. The User acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. The User is not entitled to any hard-copy documentation, support, telephone assistance, or enhancements or updates to the Application from Apple.
  4. In the event of any failure of the Application to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price for the Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
  5. The User acknowledges that Apple shall not be responsible for any claims by the User or any third party relating to the User's possession and/or use of the Application, including but not limited to (i) any product liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement, (iii) any claims arising under consumer protection laws or similar legislation, and (iv) any claims by any third party that the Application or the User's possession and use of the Application infringes the intellectual property rights of the third party.
  6. The User acknowledges that, in the event of any third party claim that the Application or the User's possession and use of the Application infringes that third party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim.
  7. The User agrees that Apple and Apple's subsidiaries are third party beneficiaries of the Terms and that, upon the User's acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against the User as a third party beneficiary thereof.

The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc.