Terms and Conditions for Keev, LLC and Uma
1. Introduction
1.1 These Terms and Conditions ("Agreement") govern the entire relationship between you, the User ("Client"), and Keev, LLC, including its service, Uma ("Company"). This Agreement sets out the general terms and conditions for using the Company's services.
1.2 Before entering into a distance contract, the Company will provide the Client with the text of this Agreement electronically or in another durable format. If this is not reasonably possible, the Company will indicate how the Agreement can be reviewed at the Company's premises and will send it to the Client free of charge upon request.
1.3 The Client is required to carefully read this Agreement before accepting it and using the Company's services. By using the services, the Client acknowledges that they have read, understood, and agreed to be bound by this Agreement.
1.4 This Agreement contains a mandatory arbitration provision, requiring the use of arbitration on an individual basis to resolve disputes, as further detailed in Section 17 below. This provision precludes the use of jury trials, court proceedings, or class actions.
2. Definitions
2.1 This Agreement defines the terms used throughout, including the introductory part, and capitalized terms will have the following meanings:
- Agreement: Refers to the contract for providing services online between the Company and the Client.
- Client: Refers to the user of the Company's services, as explained in this Agreement.
- Company: Refers to Keev, LLC, with an office address at 1111B S Governors Ave STE 21256, Dover, DE 19904, United States. The Company is responsible for the services provided via the Uma Website and Mobile app. Payments may be handled via multiple companies based on the payment method chosen by the Client.
- Offer: Refers to the offer provided by the Company to the Client through the Website or Mobile app to enter into this Agreement.
- Privacy Policy: Refers to the privacy policy of the Company published on the Website or Mobile app.
- Services: Refers to the digital content provided by the Company to the Client, as well as access to the Website or Mobile app, including information, text, and images offered or provided there.
- Digital Content: Refers to individual digital content sold from time to time online by the Company.
- Distance Contract: Refers to the contract concluded between the Company and the Client within the framework of a system organized for the distance sale of digital content.
- Website: Refers to the Company's website available at uma.app.
- Mobile App: Refers to the Company's mobile application that can be downloaded by the Client from the App Store and/or Google Play.
3. Submission of the Offer
3.1 The Company will offer the Client the opportunity to receive a quote for their desired services. The Client must provide accurate and complete information in the provided options or by typing the requested details.
3.2 After submitting the necessary information, the Company will provide the Client with a quote that includes the payment amount for the requested services, payment options (e.g., credit card), and any additional information deemed relevant by the Company.
3.3 The Client can accept the quote by checking the box indicating agreement to the Terms & Conditions and pressing the "Submit Secure Payment "button. This acceptance will constitute the formation of a distance contract.
4. Distance Contract
4.1 The Distance Contract between the Client and the Company is formed when the Client accepts the Offer as detailed in Section 3.
4.2 Upon electronic acceptance of the Offer, the Company will confirm receipt of the acceptance electronically and deliver any purchased digital content to the Client's provided email address or via the Mobile app.
4.3 The Client agrees to waive their right of withdrawal in the event that the Agreement consists of digital content that is not supplied on a tangible medium.
4.4 While the Company makes reasonable efforts to ensure that the Services operate properly, the Client acknowledges that interruptions, errors, and other failures may occur due to factors outside of the Company's control. The Client agrees that they assume all risks associated with the use or download of the Services.
4.5 The Company reserves the right to modify or discontinue any aspect of the Services without prior notice and without any liability to the Client.
4.6 The Client agrees not to access the Services if they are under the age of 18 and to deny access to minors under the age of 18, accepting full responsibility for any unauthorized use of the Services by minors.
5. Payments
5.1 The Offer sets the price for the Services during the indicated period of validity, except for any changes in VAT tariffs.
5.2 The Client agrees to:
- Cover all additional costs, fees, charges, taxes, and expenses that may arise from their use of the Services.
- Purchase the Services with a valid credit card or another authorized payment method.
- Provide the Company with accurate, complete, and up-to-date information as specified in the purchase order form. If the Company becomes aware that any information provided by the Client is not current, inaccurate, or incomplete, the Company may, at its sole discretion, suspend the Service, and the Client forfeits any right to a refund of the amount paid.
5.3 After being transferred to a third-party payment service provider, the Client assumes the risk of loss or damage. The Client's credit or debit card payments to the Company will be handled and processed by a third-party payment service provider, and none of the sensitive payment information will be stored or used by the Company. The Company shall not be liable for any payment issues or disputes that arise due to third-party payment services. The Company may change the third-party payment service provider from time to time.
5.4 All prices and fees are in US Dollars unless otherwise indicated.
5.5 The applicable price is the one set at the time the order is placed. Payment fees are recognized before purchase confirmation. If the Client is under 18 years old, they must obtain permission from their parents to make a purchase from the Company.
5.6 All transfers conducted through the Company are handled and transacted through third-party dedicated gateways to ensure the Client's protection. Card information is not stored, and all card information is handled through SSL encryption. Please read the terms and conditions of the chosen payment gateway for the transaction, as they are responsible for the transactions made.
5.7 Keev, LLC, with an office address at 1111B S Governors Ave STE 21256, Dover, DE 19904, USA, processes your payments. Contact [email protected] for a refund or a complaint.
5.8 To ensure uninterrupted Services, the Services may be offered on automatic renewal. Unless canceled by the Client, the applicable service will be automatically renewed for a renewal period equal to the most recent service period, with payment taken from the payment method associated with the Service in the Client's account. The Company reserves the right to change the subscription plans and the price of the Services from time to time. If the Client does not wish for the Service to automatically renew, the Client must cancel the subscription at least 48 hours before the end of the current period, in which case the Services will be terminated upon expiration of the then-current term, unless the Client manually renews the Services prior to that date. Clients who purchased the subscription on the Company's website may cancel the subscription by logging into their account on the Company's website or contacting the support team. Clients who purchased the subscription through the Apple App Store or Google Play may only cancel the subscription through their Apple or Google Account and understand that deleting the app does not cancel the subscription.
6. Refund Policy
6.1 Cancellation: Customers can cancel their subscription at any time but will continue to have access to subscription services until the billing period ends.
6.2 Money-Back Guarantee: If a customer is dissatisfied with the plan and did not see visible results, they may be eligible for a refund.
6.2.1 Money-Back Guarantee Procedure: To initiate a full refund request, customers must contact [email protected] within 11 days following the initial purchase, explaining their reasons for dissatisfaction and demonstrating adherence to the plan by completing 7 consecutive lessons. Proof of completion should be submitted as screenshots or other acceptable documentation. The Customer Service Team will review the request within 1-3 business days. If approved, the full refund will be processed within 5-10 business days.
6.3 Refunds will not be issued if the customer fails to follow the Money-Back Guarantee procedure, refuses to follow instructions from the Customer Service Team, or didn't read the Terms and Conditions before purchasing a plan that doesn't meet their needs. Refunds will not be given for plans purchased by mistake or based on incorrect assumptions, or if the customer simply changes their mind for non-technical reasons.
6.4 For EU/UK residents, the right to withdraw from the agreement for the purchase of digital content without charge and without giving any reason is permitted within fourteen (14) days of concluding the agreement. However, this right does not apply if the agreement's performance has begun with the customer's express prior consent and acknowledgment. Customers consent to the immediate performance of the agreement and acknowledge that they will lose the right of withdrawal from the agreement once the servers validate the purchase, and the applicable purchase is successfully delivered. Therefore, refunds will not be provided unless there's a fault with the digital content.
7. Intellectual Property Rights
7.1 The Company retains all intellectual property rights, including copyrights, design rights, trademark rights, patent rights, and other proprietary rights to the Services and related content.
7.2 The Services, including digital content, may not be reproduced, disassembled, reverse-engineered, decompiled, distributed, publicly displayed, performed, published, or made available in whole or in part by the Client without prior written consent from the Company.
7.3 The Client grants the Company a non-exclusive license, including the right to sublicense and assign to third parties, to use, reproduce, distribute, perform, display, create derivative works of, adapt, modify, and exploit the User Content (excluding User Trademarks) and all modified and derivative works thereof, in any way now known or in the future discovered, on a perpetual, irrevocable, worldwide, fully paid-up, and royalty-free basis. The Client affirms, represents, and warrants that the User Content and its uploading, transmission, or submission are accurate, not confidential, not in violation of any applicable laws or contractual restrictions or other third-party rights, and free of malicious code. The Client also waives any moral rights they may have in any User Content, to the extent permitted by applicable laws.
7.4 This Agreement does not transfer intellectual property rights related to the Services or Services-related content, except as expressly stated in Section 8 below.
8. Use of Digital Content
8.5 The Company reserves the right to limit the number of devices or types of devices on which the Digital Content can be used and may impose other restrictions on the scope of the license.
8.6 If the Client violates the terms of this Section 8, the Company may suspend the Client's access to the relevant Digital Content and seek damages resulting from the infringement, including any incurred expenses, without prejudice to any other rights or remedies available under this Agreement or applicable law.
9. Prohibition of Digital Content Sale
9.1 The Client is strictly prohibited from engaging in the sale, offering for sale, sharing, renting out, or lending of Digital Content or any copies of Digital Content.
10. Privacy Policy
10.1 The processing of the Client's personal data is subject to the Privacy Policy of the Company. It is recommended that the Client print and retain a copy of the Privacy Policy along with this Agreement.
11. Indemnification
11.1 The Client shall indemnify and hold the Company, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures, and suppliers harmless from any claims or demands, including reasonable attorneys' fees, made by any third party arising from or related to the Client's breach of this Agreement, use of the Services, or violation of any laws or third-party rights in connection with the Client's breach of this Agreement or use of the Services.
12. Liability
12.1 The information available on the Website or Mobile App may not be appropriate or satisfactory for the Client's use, and the Client must verify all information before relying on it. Any decisions made based on information contained on the Website or Mobile App, including information received through the use of the Services, are solely the Client's responsibility.
12.2 The Client acknowledges and agrees that the Company shall not be liable for any damages whatsoever arising out of or in connection with (i) the use or inability to use the Services, (ii) any link provided in connection with the Services, (iii) the materials or information contained at any or all such linked websites or Mobile Apps, (iv) the Client's reliance on any of the Services; (v) the interruption, suspension, or termination of the Services or any portion thereof, (vi) the timeliness, deletion, misdelivery or failure to post or store any information, or (vii) any matter otherwise related to the Client's use of the Services, including without limitation, direct, indirect, incidental, special, consequential, exemplary damages, or those resulting from lost profits, lost data or business interruption, loss of goodwill, loss of use, or other losses, whether based on warranty, contract, tort, or any other legal theory, even if the Company has been advised of the possibility of such damages. In no event shall the Company's aggregate liability to the Client relating to their use of the Services exceed one hundred dollars ($100).
12.3 If a party to the Agreement is unable to fulfill their obligations due to force majeure, they shall be released from responsibility. The Company shall not be liable for losses caused by events such as riots, wars, natural disasters, or other occurrences beyond the Company's control, including but not limited to strikes, lockouts, traffic delays, or administrative acts of domestic or foreign high authorities. The Client must provide written notification of force majeure within 30 calendar days of the occurrence. The Company will inform the Client of force majeure by email, on the Website, or Mobile App if possible.
12.4 Keev, LLC is responsible for managing subscription services and payments for Services and Goods, refunds, and chargebacks (depending on the payment method chosen). The Company's liability is limited to direct losses unless otherwise provided by applicable law.
12.5 The Company provides no warranty regarding the results or outcomes of using the Services due to the nature of the Services provided, as the Company cannot control the Client's adherence to the provided use instructions.
12.6 When using the Services, the Client may receive links to other websites or Mobile Apps that are not owned or controlled by the Company. The Company is not responsible for the operation of such links and is not responsible or liable for any content, advertising, products, or other materials that may be accessed through such links. The Client agrees that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, services available on or through any such websites or Mobile Apps.
13. Medical Disclaimer
13.1 The Client is advised to consult with their healthcare service provider before using the Company's Services.
13.2 The Company explicitly states that it is not a medical organization and cannot provide any medical advice, diagnosis, or assistance. The Services provided by the Company should not be considered or used as a substitute for any medical advice or assistance, and the Client is solely responsible for evaluating and assessing their own health and seeking appropriate guidance from a healthcare provider.
13.3 The Company encourages the Client to seek appropriate medical advice or assistance before using its Services.
13.4 The Client should not disregard medical advice or delay visiting a medical professional due to any information obtained from the Company's Website, Mobile App, or other communication channels.
14. Validity and Termination
14.1 This Agreement becomes effective once the Client accepts and electronically expresses consent to comply with the terms and conditions, and it shall remain in effect until terminated as outlined in the following section.
14.2 The Company reserves the right to terminate the relationship with the Client in the following cases: (1) if the Client does not agree to the terms of the Agreement; (2) if the Client breaches any term of the Agreement; (3) if the Client fails to provide information requested by the Company or provides incorrect or incomplete information. However, statutory termination rights will not be affected.
15. Changes to Agreement
15.1 The Company reserves the right to modify this Agreement, the Privacy Policy, and any additional terms and conditions that may apply, and such modifications will be effective immediately upon being posted on the Company's Website or Mobile App.
15.2 Any amended Agreement, Privacy Policy, or additional terms and conditions will be posted online, and the Client will be notified of upcoming changes through email or the Website or Mobile App.
15.3 By continuing to use and access the Services after any posted updates to the Agreement, the Client voluntarily agrees to be bound by the modified terms. If the Client does not agree to be bound by the updated Agreement, they should discontinue using the Services.
16. Communication
16.1 The Company generally prefers to communicate with the Client through email, and by accepting this Agreement, the Client agrees to receive communication from the Company via email. The Client is required to provide a valid email address as part of the information required in Section 3.2. The Company may also publish information related to the Agreement or Services on the Website or Mobile App. It is the Client's responsibility to regularly and frequently check their email messages and the information provided on the Website or Mobile App. Emails may contain links to further information and documents.
16.2 If applicable laws require information to be provided on a durable medium, the Company will either send an email with an attachment or send a notification referring to the Services with a download function for the Client to retain such information and documents permanently for future reference. The Client must keep copies of all communications from the Company.
16.3 If the Client wishes to obtain a copy of this Agreement or any other contractual document, they may contact [email protected].
16.4 All communication with the Client will be in English unless the Company and the Client agree to communicate in another language.
16.5 The Client may contact the Company at any time by sending a message to [email protected].
17. Dispute Resolution
17.1 Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of Delaware, without regard to its conflict of law provisions, and irrespective of the Client's location.
17.2 Informal Dispute Resolution. Before filing a claim against the Company, the Client agrees to engage in informal dispute resolution by contacting [email protected]. The Client must clearly indicate that it is a complaint and provide detailed information regarding the grounds and circumstances surrounding the complaint. The Company will review and respond to the complaint within 14 calendar days. If the dispute is not resolved within 30 calendar days of the receipt of the complaint, either the Client or the Company may file a formal claim.
17.3 Arbitration. Arbitration is the preferred method of dispute resolution, except for small claims court disputes. All disputes arising out of or related to this Agreement or the relationship between the Client and the Company shall be resolved through final and binding arbitration before a neutral arbitrator. Both the Client and the Company waive their right to a trial by a judge or jury. Disputes subject to arbitration include, but are not limited to, those concerning the interpretation or application of this arbitration provision and its enforceability, revocability, or validity. The arbitrator, not a court or judge, shall decide such matters.
17.4 Class Action Waiver. The Client agrees to participate in individual-based arbitration only, and class arbitrations and actions are not permitted. The Client also agrees to waive the right to participate in a class action.
17.5 Opt-Out Option. The Client may opt out of this arbitration agreement within thirty (30) days of accepting the agreement by emailing [email protected] with their first name, last name, address, and a statement declining the arbitration agreement.
17.6 Arbitration Process. The American Arbitration Association (AAA) will oversee the arbitration proceedings in accordance with its Consumer Arbitration Rules, which have been modified by this Agreement. The Consumer Arbitration Rules can be found online at https://www.adr.org/consumer. The arbitrator will conduct any hearings via teleconference or videoconference unless an in-person hearing is deemed necessary by the arbitrator or requested by either the Client or the Company. If an in-person hearing is required, it will be held at a location that is mutually convenient and takes into consideration the parties' ability to travel and other relevant circumstances. If the parties cannot agree on a location, the AAA or the arbitrator will make the decision. The arbitrator's ruling will adhere to the terms of this Agreement and is final and binding. The arbitrator has the power to grant temporary, interim, or permanent injunctive relief or relief that provides specific performance of this Agreement, but only as necessary to provide appropriate relief for the individual claim being considered by the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court with jurisdiction over the matter. However, this Agreement does not prevent the Client from bringing any issues to the attention of federal, state, or local agencies and seeking relief against the Company if permitted by law.
18. Other
18.5 By accessing or using the Services, the Client acknowledges that they have read, understood, and agreed to be bound by the terms and conditions of this Agreement.