Last Updated: May 6, 2019
you can use the various mobile, web and personal computer applications that are made
available by Keto A.I., Inc (“Keto”).
The various mobile, web and personal computer applications made available by Keto (the
“Application(s)”) are owned and operated by Keto or their third-party software providers.
“Terms”). If you do not agree to the Terms, please do not download or use the
Application. We reserve the right, at our discretion, to change, modify, add or remove
portions of the Terms at any time. Please check these terms periodically for changes.
Your continued use of the Application following the posting of changes to the Terms will
mean you accept those changes. Use of a Keto mobile Application is also subject to
the terms and conditions of the Application’s mobile distributor or the terms and
conditions required by the mobile network operator.
The Application, including but not limited to all text, graphics, logos, icons, images, data,
graphs, audio, videos, computer programs and other material and information contained
on, or utilized in the provision of, the Application is the property of Keto or its suppliers
and is protected by copyrights, trademarks, trade secrets, patents or other proprietary
rights. Keto hereby grants you a limited, nonexclusive, non-transferable, personal license
to use the Application for personal or informational purposes only. Except as expressly
authorized by Keto in writing, you may not use, copy, distribute, modify or create
derivative works from, disclose, display, transmit, or post or any portion of the
Application for any purpose or “frame" or "mirror" the Application on any other server or
wireless or Internet-based device. All rights not expressly granted herein are reserved to
Keto and/or its licensors.
To use certain features of the Application or participate in certain activities sponsored by
Keto, we might ask you to register as a participant or user. If so requested, each
Application user must: (a) personally provide true, accurate, current and complete
information on the Application's registration form (collectively, the "Registration Data")
and (b) maintain and promptly update the Registration Data as necessary to keep it true,
accurate, current and complete. If, after investigation, Keto has reasonable grounds to
suspect that any user's information is untrue, inaccurate, not current or incomplete, Keto
may suspend or terminate any and all current or future use of the Application by that
user. A user may receive passwords and account designations upon completing certain
Application registration processes and is wholly responsible for maintaining the
confidentiality of such passwords or designations.
All information, data, text, software, music, sound, photographs, graphics, video,
messages, comments or any other materials whatsoever, whether posted or transmitted to
Keto or the Application, shall be collectively referred to as the “Content.” The
submitting user retains ownership of Content. Notwithstanding the user’s ownership, the
submitting user grants Keto the royalty-free, world-wide perpetual, non-exclusive,
transferable license to Keto to use, reproduce, modify, edit, publish, distribute and
display such Content through the Application. Keto has not, and will not, review,
monitor or edit the Content for accuracy, timeliness, integrity or completeness. Keto shall
have the right (but not the obligation) in its sole discretion to refuse or delete any Content
that it considers violating the Terms or be otherwise illegal. Keto, in its sole and absolute
discretion, may preserve Content and may also disclose Content if required to do so by
law, judicial or governmental mandate or, to protect the rights, property, or personal
safety of Application users and the public.
RULES FOR CONTENT SUBMISSION
We ask you to follow these rules when submitting, posting or sharing Content on the
Application: (a) you shall not upload to, distribute through or otherwise publish through
the Application any Content that is libelous, defamatory, obscene, pornographic, invasive
of privacy or publicity rights, abusive, that would constitute or encourage a criminal
offense or that would otherwise give rise to liability or violate any law; (b) you shall not
use the Application to post Content that promotes racism, bigotry, hatred or physical
harm of any kind against any group or individual, or that could be harmful to minors or
that harasses or advocates harassment of another person; (c) you will use this Application
only in a manner consistent with all laws and regulations and in accordance with the
Terms; (d) you will not impersonate any person or entity, misrepresent any affiliation
with another person, entity, or association, use false IP addresses or headers, or otherwise
conceal your identity from Keto; (e) you will only submit Content for which you have the
copyright or other specific permission to distribute; and (f) you will not violate,
plagiarize, or infringe on the rights of third parties including copyright, trademark, trade
secret, privacy, publicity or proprietary rights. Keto shall not be liable in any way for any
Except as set forth above, your Content, and Keto’s use of the Content, is subject to the
USE OF APPLICATION BY CHILDREN
THE APPLICATION IS NOT INTENDED FOR USE BY CHILDREN UNDER
THE AGE OF 13.
Keto may terminate your use of the Application for: (a) breach of these Terms; (b) your
abuse of Application resources or attempt to gain unauthorized entry to the Application;
or (c) as required by law, regulation, court or governing agency order. Keto's termination
of any user's access to the Application may be affected without notice and, on such
termination, Keto may immediately bar any further access to the Application. Keto shall
not be liable to any user or other third party for any termination of that user's access to
the Application. In the event of termination, Keto reserves the right to delete or save a
user’s Content at Keto’s sole discretion.
The Application may provide links to websites or other applications. Keto exercises no
control whatsoever over such other websites or applications and is not responsible or
liable for the availability, content, advertising, products or other materials on such
websites. Your access and use of such linked websites or applications, including
information, material, products and services therein, is solely at your own risk.
LIMITED WARRANTY; LIMITATION OF LIABILITY
EACH USER'S USE OF THE APPLICATION IS AT YOUR SOLE RISK. THE
APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
KETO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. KETO SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES RESULTING FROM ANY USER'S USE OR INABILITY
TO USE THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
Keto respects the intellectual property rights of others and requires that the people who
use the Application do the same. It is our policy to respond promptly to claims of
intellectual property misuse. If you believe that your work has been copied and is
accessible on this Application in a way that constitutes copyright infringement, you may
notify us by providing our copyright agent with the following information in writing: (a)
the electronic or physical signature of the owner of the copyright or the person authorized
to act on the owner's behalf; (b) identification of the copyrighted work that you claim has
been infringed; (c) identification of the material that is claimed to be infringing and
information reasonably sufficient to permit Keto to locate the material, including, if
applicable the full URL; (d) your name, address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and (f) a statement, made under
penalty of perjury, that the above information in your notice is accurate and that you are
the copyright owner or are authorized to act on the copyright owner's behalf.
Our designated agent to receive notification of claimed infringement under the Digital
Millennium Copyright Act of 1998 is:
New Counsel, PLC
233 Park Avenue, Suite 203
Minneapolis, Minnesota 55415
Keto agrees to treat your private personally identifiable information in accordance with
purposes, and which is available for review at http://www.keto-ai.com/privacy/ or by
sending an e-mail request to: privacy @keto-ai.com .
The Terms constitute the entire agreement between each user and Keto and govern each
user's use of Application, superseding any prior agreements. The Terms and the
relationship between each user and Keto shall be governed by the laws of the State of
Texas without regard to its conflict of law provisions and each party shall submit to the
personal and exclusive jurisdiction of the courts located within Harris County, Texas.
The United Nations Convention on Contracts for the International Sale of Goods will not
apply to these Terms. This Application is controlled and operated by Keto from its
offices within the State of Texas, United States of America. Keto makes no
representation that materials in the Application are appropriate or available for use in
other locations. Those who choose to access this Application from other locations do so
on their own initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable. If any provision of the Terms is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the provision, and the
other provisions of the Terms remain in full force and effect. Nothing herein shall be
deemed to create an agency, partnership, joint venture, employee-employer or franchisor-
franchisee relationship of any kind between Keto and any user.