Terms of Service | MojoKeys – Social Media Marketing Suite

1. ACCEPTANCE OF TERMS

1.1 Overview and Agreement

By accessing or using the MojoKeys website located at mojokeys.com ("Website"), or any of the MojoKeys suite of tools (collectively referred to as "Services"), you ("User" or "You") agree to comply with and be bound by these terms and conditions ("Terms of Service"), as well as any other applicable policies, guidelines, or requirements that may be posted on the Website or communicated to you from time to time by KAYTER OÜ, registration code 14866789, with its registered office at Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 5, 10117, Estonia, VAT Number EE102239423 ("Company").

1.2 Eligibility

You represent and warrant that you are at least 18 years of age (or the age of legal majority in your jurisdiction, if different), and possess the legal capacity to enter into these Terms of Service. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms of Service and you agree to be bound by these Terms on behalf of that organization.

1.3 Additional Agreements and Policies

Your use of the Services may also be governed by additional agreements or policies specific to certain Services, features, or platforms. Such additional agreements or policies shall be considered part of these Terms of Service and are hereby incorporated by reference.

1.4 Acceptance and Modification

Your use of the Services signifies your acceptance of these Terms of Service. If you do not agree with any part of these Terms of Service, you must not access or use the Services.The Company reserves the right to modify, amend, or change these Terms of Service at any time. Any such modifications will be posted on the Website and will become effective immediately upon posting. Your continued use of the Services following the posting of any modifications constitutes your acceptance of the modified Terms of Service.

1.5 Language

These Terms of Service are written in English. Any translation provided is solely for convenience, and in the event of any inconsistency or conflict between the English version and any translated version, the English version shall control and prevail.

2. MODIFICATIONS

2.1 Changes to Services

KAYTER OÜ ("Company") reserves the right, at its sole discretion, to modify, suspend, discontinue, or terminate any part of the MojoKeys suite of tools or Services, including features, functionality, content, or availability at any time without notice. This may include the removal of data, content, or features. The Company shall not be liable to you or any third party for any modification, suspension, discontinuation, or termination of the Services.

2.2 Changes to Terms of Service

The Company may revise and update these Terms of Service from time to time in its sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

2.3 Changes to Additional Policies

Additional policies, agreements, or guidelines may apply to specific parts of the Services. The Company may change those additional policies, agreements, or guidelines at any time, and they become effective upon posting. Your continued use of those parts of the Services following the posting of changes to the applicable policies, agreements, or guidelines constitutes your acceptance of those changes.

2.4 Notification of Changes

While the Company may attempt to notify you of significant changes to the Services or these Terms of Service, it is your responsibility to review these Terms of Service and any additional policies regularly. Notifications may be sent via email, posted on the Website, or through other means of communication as determined by the Company.

3. REGISTRATION AND ACCOUNT

3.1 Creating an Account

To access and use certain features of MojoKeys suite of tools, you may be required to register for an account ("Account"). During the registration process, you must provide accurate, complete, and current information as requested and keep this information up to date.

3.2 Responsibility for Account

You are responsible for maintaining the confidentiality of your Account's username and password and for all activities that occur under your Account. You agree to notify the Company immediately of any unauthorized use of your Account or any other breach of security.

3.3 Account Security

The Company employs reasonable security measures to protect the integrity and security of your Account but cannot guarantee that unauthorized third parties will never be able to defeat those measures. You acknowledge and assume all risks associated with the unauthorized access to or use of your Account.

3.4 Age Restrictions

The Services are not intended for use by individuals under the age of 18. By registering for an Account, you represent and warrant that you are at least 18 years old or have reached the age of majority in your jurisdiction, whichever is greater.

3.5 Business Accounts

If you are registering for an Account on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms of Service.

3.6 Account Termination

The Company reserves the right to suspend or terminate your Account, at its sole discretion, without notice, for conduct that the Company believes violates these Terms of Service or is harmful to other users of the Services, the Company, or third parties, or for any other reason.

3.7 Data and Privacy

Your registration and use of the Account are subject to the Company's Privacy Policy, which you acknowledge you have read and understood.

4. USE OF SERVICES

4.1 General Use

By accessing MojoKeys' suite of tools, you agree to comply with all applicable laws and regulations and to refrain from any activities that would violate the rights of others.

4.2 Prohibited Activities

You may not use the Services to engage in any unlawful, fraudulent, or malicious activities. Prohibited activities include, but are not limited to:

Spamming or sending unsolicited communications.
Engaging in behavior that is harmful, abusive, or harassing.
Accessing or using the Services in a manner that could damage, disable, overburden, or impair them.
Using automated or unauthorized means to access, scrape, or crawl the Services.

4.3 Content Guidelines

You are solely responsible for the content you upload, post, or otherwise transmit through the Services. You agree not to submit any content that is false, misleading, defamatory, obscene, or otherwise offensive.

4.4 Intellectual Property Rights

You may not use the Services in a way that infringes or violates the intellectual property rights of the Company or others. This includes unauthorized copying, distribution, modification, or use of copyrighted material.

4.5 Commercial Use

If you are using the Services for commercial purposes, you must comply with all applicable laws and regulations related to your business, including obtaining the necessary licenses and permits.

4.6 Third-Party Services and Links

MojoKeys may provide links to third-party websites or services. You acknowledge and agree that the Company is not responsible for the content, products, or services of such third-party sites.

4.7 Service Availability

While the Company strives to provide uninterrupted access to the Services, you acknowledge that the Services may be subject to occasional downtimes, maintenance, or other interruptions. The Company shall not be liable for any loss or damage arising from such interruptions.

4.8 Service Modification and Discontinuation

The Company reserves the right to modify, suspend, or discontinue any or all parts of the Services at any time, with or without notice. Your continued use of the Services following any changes constitutes acceptance of those changes.

4.9 Compliance with Export Laws

You agree to comply with all export and re-export restrictions and regulations applicable to the Services and not to transfer, or authorize the transfer of, the Services to a prohibited country or otherwise in violation of any applicable restrictions or regulations.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Ownership of Intellectual Property

All content, features, and functionality of the MojoKeys suite of tools, including without limitation all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by KAYTER OÜ, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 License Grant

Subject to your compliance with these Terms of Service, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal or business use only. Any unauthorized use automatically terminates this license.

5.3 Restrictions

You may not:

Modify, copy, distribute, transmit, or otherwise use the Services or any of its content for commercial purposes without the express written consent of the Company.
Use any logo or other proprietary graphics of the Company without the Company's permission.
Engage in any conduct that could disable, overburden, or impair the Services or interfere with any other party's use of the Services.

5.4 User Content

You retain all intellectual property rights in and to the content you create, upload, or share through the Services ("User Content"). By providing User Content through the Services, you grant the Company a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display such User Content in connection with the provision of the Services.

5.5 Claims of Infringement

If you believe that any content on the Services violates your intellectual property rights, you may notify the Company at the specified contact address. The notice must include details of the alleged infringement, including identification of the copyrighted work, a statement of ownership, and information sufficient for the Company to locate and review the allegedly infringing material.

5.6 Trademarks

The Company's name, the Company's logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company.

6. USER CONTENT

6.1 Responsibility for User Content

You are solely responsible for all content, including without limitation, text, images, video, audio, or other material that you create, upload, post, publish, or otherwise make available ("User Content") through the MojoKeys suite of tools.

6.2 User Content License Grant

By providing User Content through the Services, you grant KAYTER OÜ a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content in connection with the provision of the Services. This license continues even if you stop using the Services.

6.3 User Content Standards

User Content must comply with all applicable laws, rules, and regulations, and must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others.

6.4 Content Review

KAYTER OÜ has the right but not the obligation to review and monitor User Content, and may remove or modify any User Content at its sole discretion, without notice, for conduct that violates these Terms or for any other reason.

6.5 User Content Representations and Warranties

You represent and warrant that:

You own or control all rights in and to your User Content.
The User Content is accurate and truthful.
Use of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

6.6 Indemnification for User Content

You agree to indemnify, defend, and hold harmless KAYTER OÜ and its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content.

7. PAYMENT AND REFUND POLICY

7.1 Subscription Plans and Payments

MojoKeys offers various subscription plans, including monthly and annual billing options. All payments for subscriptions to MojoKeys services are due in advance and will be billed automatically to the payment method you provide.

7.2 Taxes and Currency

All fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. All transactions will be conducted in the currency specified on the website.

7.3 Free Trials and Discounts

From time to time, MojoKeys may offer free trials or discounts on certain subscription plans. Such offers will be subject to the terms and conditions presented at the time of the offer.

7.4 Cancellations and Refunds

You may cancel your subscription at any time through your account settings. Cancellations must be made before the renewal date to avoid being charged for the next billing cycle. Unless explicitly stated otherwise, no refunds will be issued for partially used or unused subscription periods.

7.5 Changes to Subscription Plans and Pricing

KAYTER OÜ reserves the right to change the subscription plans, pricing, and billing cycles at any time. Any changes will be communicated to existing subscribers in advance and will take effect at the beginning of the next billing cycle.

7.6 Failed Payments

If any payment is not successfully settled, due to expiration, insufficient funds, or otherwise, KAYTER OÜ reserves the right to suspend or terminate your access to the MojoKeys services until successful payment is made.

7.7 Third-Party Payment Processors

Payments are processed through third-party payment processors. KAYTER OÜ is not responsible for the processing of payments and shall not be liable for any matter related to the processing, including but not limited to, the availability or security of the payment processing services.

7.8 Indemnification

You agree to indemnify KAYTER OÜ for any losses incurred due to non-payment or partial payment of any fees due for the MojoKeys services.

8. TERMINATION

8.1 By You

You may terminate your account and discontinue your use of the MojoKeys services at any time, for any reason, by following the instructions on the MojoKeys website.

8.2 By MojoKeys

KAYTER OÜ reserves the right to terminate or suspend your account, and/or your access to the MojoKeys services, at its sole discretion, without notice, for conduct that KAYTER OÜ believes violates these Terms of Service or is harmful to other users of MojoKeys, KAYTER OÜ, or third parties, or for any other reason.

8.3 Effects of Termination

Upon termination of your account, your right to use the MojoKeys services will immediately cease, and KAYTER OÜ may remove or delete all information and content associated with your account. Any fees paid hereunder are non-refundable, except as otherwise stated in the Payment and Refund Policy.

8.4 Survival of Terms

The following sections shall survive termination or expiration of these Terms of Service: Intellectual Property Rights, User Content, Payment and Refund Policy, Limitations of Liability, Indemnification, Governing Law, and any other provisions that by their nature should survive termination or expiration.

8.5 Notice of Termination

If your account is terminated for any reason, KAYTER OÜ may provide notice of the termination to you via the email address associated with your account or through other means.

8.6 Termination for Non-Payment

KAYTER OÜ may terminate or suspend your account if any payment is not successfully settled, as further described in the Payment and Refund Policy.

9. DISCLAIMER OF WARRANTIES

9.1 "As Is" Basis

MojoKeys services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

9.2 No Warranty of Uninterrupted Use

KAYTER OÜ makes no warranty that the MojoKeys services will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components. You expressly understand and agree that your use of the MojoKeys services is at your sole risk.

9.3 No Warranty of Accuracy

KAYTER OÜ does not warrant that the information, content, materials, products, or other services included on or otherwise made available to you through MojoKeys are accurate, complete, reliable, or current. KAYTER OÜ disclaims all liability for any errors or inaccuracies in any content provided by MojoKeys.

9.4 Third-Party Products and Services

MojoKeys may offer products or services provided by third parties. KAYTER OÜ makes no representations or warranties regarding these third-party products or services and disclaims all responsibility for them.

9.5 Limitations by Jurisdiction

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that KAYTER OÜ may not disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of KAYTER OÜ's liability shall be the minimum permitted under applicable law.

10. LIMITATION OF LIABILITY

10.1 General Limitation

In no event shall KAYTER OÜ, its officers, directors, employees, agents, or affiliates be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to, damages for loss of profits, goodwill, data, or other intangible losses, arising out of or in connection with the use or inability to use the MojoKeys services, whether based on warranty, contract, tort, or any other legal theory, and whether or not KAYTER OÜ has been advised of the possibility of such damages.

10.2 Specific Limitation for Content

KAYTER OÜ shall not be liable for any content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is KAYTER OÜ liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, or profanity you may encounter.

10.3 Limitation Regarding Third-Party Products and Services

KAYTER OÜ shall not be responsible or liable for any dealings or interactions you have with any third parties, including other users of the MojoKeys services or any other third-party providers of goods or services.

10.4 Cap on Liability

To the extent permitted by applicable law, KAYTER OÜ’s total liability to you, for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to KAYTER OÜ for the MojoKeys services in the six (6) months preceding the event giving rise to the claim.

10.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Therefore, some of the above limitations may not apply to you. In such jurisdictions, KAYTER OÜ's liability shall be limited to the fullest extent permitted by applicable law.

11. GOVERNING LAW

11.1 Choice of Law

These Terms of Service and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Estonia, without regard to its conflict of laws principles.

11.2 Jurisdiction and Venue

You agree that any legal suit, action, or proceeding arising out of or related to these Terms of Service or the MojoKeys services shall be instituted exclusively in the courts of Estonia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

11.3 Alternative Dispute Resolution

At KAYTER OÜ's sole discretion, disputes may be resolved through an alternative dispute resolution process, such as mediation or arbitration, as an alternative to litigation.

11.4 Compliance with Local Laws

You are responsible for complying with all local laws and regulations in your jurisdiction that may apply to your use of MojoKeys services. This may include, but is not limited to, regulations concerning export, intellectual property ownership and rights, and user content and privacy.

12. CONTACT INFORMATION

12.1 General Inquiries and Support

For general inquiries, support, or questions regarding these Terms of Service, please contact us by email at support@mojokeys.com.

12.2 Address for Legal Notices

Any legal notices or official correspondence must be sent to the following address:

KAYTER OÜ
Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 5, 10117
Estonia

12.3 Response Time

We aim to respond to all inquiries within a reasonable time, typically within two business days. Please include clear and detailed information in your email to facilitate a prompt and accurate response.

12.4 Electronic Communications

You consent to receive communications from us electronically, such as emails, texts, or notices and messages on the MojoKeys website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Last updated: 02/08/2023.