End User License Agreement (EULA)
Terms & Conditions
The application and services of Keyco Mini and Card are owned and operated by SoluM, America Inc. (“Solum”)
By utilizing our Keyco products and software app you are accepting and agreeing to be bound by the terms and conditions of this End User License Agreement (EULA) for Keyco product as sold, including hardware and software included below.
Grant of License:
Solum (Keyco products) are sold with a limited non-exclusive non-transferrable license to download and install a copy our “KEYCO Finder” app on up to two mobile devices. The devices are to be used for personal use that you own or control and to run the app and use our services for your own personal non-commercial use. No other use, copying, reverse engineering or distribution of the software product is permitted. Solum (Keyco) reserves all rights in and to the App and services not expressly granted in this EULA.
Downloading “KEYCO Finder”
When you download KEYCO Finder from the Apple Store or Google Play Store you acknowledge and agree that the terms and conditions of this EULA will be applicable. Solum is not responsible for addressing any claims relating to our app, including liability, any infringement, or any applicable legal or regulatory requirement. You must also comply with the App store’s terms of service when using our app.
With our services, you may receive notifications, text messages, alerts, emails, or other types of messages sent both inside the app or directly. You have control over the push messages and can opt in or out of receiving them. Please be aware that 3rd party messages fees may occur for some of the push messages depending on your wireless service provider plan.
You are responsible for content (test, images, or other material) that you upload or post and its legality and or reliability. With respect to the information that you provide to Solum as part of the support, Solum may use it with a view to supporting and developing its products. By uploading your content, you give Solum the right and license to store, reproduce, modify, publish, distribute, and use your content in connection with providing our Keyco app services. You agree that we can also make your content available to other users of the Keyco service, who may view or use the content subject to these terms.
Solum has the right to review all content and delete or modify any of your content for our services for any reason. Including if we believe your content violates the term of use or harms or creates a liability for Solum or any other person. We reserve the right to investigate and take appropriate action including removing content from our service (or modifying it) suspending or terminating your account or suspending our services to your and /or reporting you to law enforcement authorities.
Solum reserves the right to cancel, suspend and/or modify its Keyco product/App (products) or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the products.
The end user agrees to:
-Not Access, or tamper with non-public areas of the app, hardware, or delivery of the services including reverse engineering of the Keyco protocol.
-Not use the service or content for commercial purpose
-Not use the service to track any other person without their express approval
-Not interfere with the access of any user to the Keyco network or service, including sending a virus, spamming, or mailbombing.
-Not attempt to access the service or content or download content for the service with the use of any tool, device other than the software or search agents provide by Solum (Keyco) or other 3rd party web browsers.
-Not infringe on any third parties patent, copyright, trademark or trade secret or other intellectual property rights, encourage or support any conduct that violates any applicable law or regulation or be subject to a civil liability.
-Not transmit fraudulent or deceptive content that is defamatory, obscene, pornographic, or offensive or promotes illegal or harmful activities.
-Not violate applicable laws and regulations or encourage others to do any of the foregoing.
Solum‘s policy is to remove or disable access to any material that infringes any copyright of our services. In the advent that your content may have been infringed upon please send to firstname.lastname@example.org the following information:
-Proof of authorization to act on behalf of the party’s interest
-Description of the material in question of the infringement
-Copyright proof of the material in question
-Location where the material is in our services
-Your address and contact information
-Written statement describing the dispute made, under penalty of perjury that your statement is accurate and that you are authorized to act on the copyright owner’s behalf.
Third Party Links
Keyco services may contain links to content and services provided by third parties. We may provide the third-party links as a convenience and we do not imply any endorsement or recommendation of their content or services. These third-party links are not under Solum’s control and we are not responsible for their content, service, or operation.
You acknowledge that all intellectual property rights in our product, apps and services are owned by Solum and our suppliers and are protected by law throughout the world. With respect to the information that you provide to Solum as part of the support, Solum may use it with a view to supporting and developing its products. By uploading your content, you give Solum the right and license to store, reproduce, modify, publish, distribute, and use your content in connection with providing our Keyco app services. All feedback and suggestions provided to Solum (Keyco) regarding our products or app are provided on a fully-paid and royalty free license basis.
Without prejudice to any other rights Solum may terminate this End User License Agreement (EULA) at any time if you fail to comply with the terms and conditions of this EULA. If termination is a result of a violation of these terms you will not be entitled to any refund of fees or payments.
Limitation of Liability
Solum will use reasonable efforts to correct any discovered defect in the App or service. All access and use of our App and service is at your own risk. Solum is not responsible for the content provided and our APP and service is provided on an AS IS basis, without any warranty or guarantee that the app and service will be provided on an uninterrupted basis and error free. To the maximum extent allowed by law, we disclaim all warranties regarding the APP and services. The app is designed to help you locate your lost personal items. The APP does not provide real-time tracking capability and we disclaim any liability resulting from the use of the App and our service for any purpose other than there intended use. You are solely and entirely liable for the performance or results you may obtain by using the software. Except as required by law we will not be responsible for any lost revenue, profit, data or costs incurred, or any indirect damages.
These terms constitute the entire agreement between Solum and a consumer regarding Keyco product and App services. These terms are governed with the laws of the state of NJ.
Solum and the Keyco logo are trademarks of Solum and any use of the marks by Solum is under license. All other trademarks are the properties of their respective owners.
You agree to defend, indemnify and hold Solum and Solum’s officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the software, (b) your use of the software, (c) your connection to the software, (d) your violation of the EULA or (e) your violation of any rights of a third party.
Other than as expressly provided under these terms, you agree not to reproduce, duplicate, copy, sell, resell or exploit for other commercial purposes, any portion of the Software, without Solum’s express written consent.
Solum will accept, for return or exchange, defective or unopened merchandise purchased at mykeyco.com, subject to the exceptions and timeframe for returns listed below: All merchandise returned to Solum must be in the original packaging with all original items (such as manuals, battery, etc.) accompanying the merchandise and a copy of the invoice/packing slip included to be eligible for return or exchange. Shipping and handling fees (if any) from your original order and return shipping will not be refunded, unless the merchandise is determined by Solum, in its sole discretion, to be defective.
Timeframe and Shipping Instructions for Returns/Exchanges
All returns and exchanges must be accompanied by a Return Merchandise Authorization (RMA) number. To return or exchange defective or unopened merchandise, customers must (a) obtain an RMA number within 15 calendar days of the date the order was delivered to the delivery address specified on the order and (b) ship the merchandise to Solum within 15 calendar days of the date the RMA number was issued by Solum.
To receive an RMA number and to initiate a return on an item a customer can call 855-MYKEYCO.
The RMA number must be clearly written on the outside of the shipping package and you must ship the product back to: Solum, 65 Challenger Rd Suite 220, Ridgefield Park, NJ 07660 within 15 days of the issued RMA.
We will not accept any returns or exchanges after the Return Period. For hardware product issues after the Return Period has expired, please refer to your product’s Limited Warranty.
Subject to your compliance with these Terms, Tile grants you a limited non-exclusive, non-transferable license to download and install a copy of our software app (the “App”) on a single mobile device that you own or control and to run such copy of the App and use our Services solely for your own personal non-commercial purposes. We reserve all rights in and to the App and Services not expressly granted to you under these Terms. You may not: (i) copy, modify or create derivative works based on the App or Services; (ii) distribute, transfer, sublicense, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App or Services available to multiple users through any means.
Downloading our app
When you download our App from the Apple App Store, Google Play or other app store or app distribution platform (an “App Store”), you acknowledge and agree that:
- These Terms are concluded between us, and not with the App Store, and that we (not the App Store), are solely responsible for our App.
- The App Store has no obligation to furnish any maintenance and support services with respect to our App or handle any warranty claims.
- The App Store is not responsible for addressing any claims you have relating to our App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our App fails to conform to any applicable legal or regulatory requirement.
- The App Store is a third party beneficiary of these Terms and has the right to enforce these Terms against you (as it relates to your license of our App through their App Store). You must also comply with the App Store’s terms of service when using our App.
Creating an account
In order to use certain features of our Services, you must have an account with us. By creating an account, you represent that (a) all required information you provide is truthful and accurate; (b) you are of legal age to agree to these Terms; and (c) your use of our Services does not violate any applicable law or regulation or these Terms. You are responsible for maintaining the confidentiality of your password and for any and all use of your account. You should notify us immediately if you suspect any unauthorized use of your account or access to your password. You may not (a) use the account or username of any other user; (b) allow someone else to use your account or username; or (c) sell, lend, transfer, or otherwise share your account, temporarily or permanently, with someone else. If you violate these Terms, we reserve the right to issue you a warning, suspend or even terminate your account (along with your ability to access and use the Services).
Alerts and notifications
As part of the Services we provide, you may (if enabled) receive push notifications, text messages, alerts, emails, or other types of messages directly sent to you outside or inside the App (“Push Messages”). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services (with the possible exception of infrequent, important service announcements and administrative messages). Please be aware that third party messaging fees may occur for some of the Push Messages depending on the message plan you have with your wireless carrier.
Content you provide
You are responsible for the content, such as any text, images, and other material and information, that you upload or post on or through our Services (your “Content”), and its legality, reliability, and appropriateness. You should only upload or post Content that you create or have the right to use and publish. By uploading or posting your Content you give us the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use your Content in connection with providing our Services. You agree that we can also make your Content available to other users of the Services, who may view and/or use your Content, subject to these Terms.
You agree not to do any of the following:
- Use the Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Use the Services to track the location of, or collect any personally identifiable information from, any other person without their express permission;
- Intercept or “sniff” the communication packets between the Tile hardware and mobile devices or attempt to reverse engineer the Tile Bluetooth Low Energy profile or Tile protocol;
- Access, tamper with, or use non-public areas of the Services, Tile’s computer systems, or the technical delivery systems of Tile’s providers;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any tool, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Tile or other generally available third party web browsers;
- Submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Violate any applicable law or regulation, including by stalking , harassing , or tracking others for unlawful or criminal purposes.
- Encourage or enable any other individual to do any of the foregoing.
It is our policy to remove, or disable access to, material that infringes any copyright on our Services after we have been notified by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted on through our Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- an identification of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on our Services;
- your address, telephone number, and e-mail address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be sent to our Copyright Agent either via email at email@example.com or by mail addressed to Copyright Agent, Tile, Inc., 2121 S. El Camino Real, Suite 900, San Mateo, CA 94403.
Hardware Limited Warranty
Keyco warrants that your Keyco hardware product (“the Product”) will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery to the original retail purchaser (“the Warranty Period”). If a defect in the Product arises within the Warranty Period, Keyco will, at its sole option and subject to applicable laws: (a) repair or replace it with a new or refurbished product or component; or (b) refund the original purchase price upon return of the defective Product. This Warranty does not apply to (w) Products you purchase from unauthorized resellers; (x) where the instructions for use and activation of the Product are not complied with; (y) where the Product is used with a jailbroken or rooted mobile device; or (z) where the Product is damaged as a result of abuse, accident, modification or other causes beyond our reasonable control.
ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.