Terms of Service Welcome to the Keese App (the "
App"), aimed to assist users to easily track and manage their bank accounts and expenses (the
"Service"). The Service is owned and operated by Keese ("
Keese", the "
Company", "
we" and "
our").
Please read the following terms and conditions (the "
Terms" or "
Terms of Service"). The Terms constitute a binding agreement between you and the Company. By accessing the Service or by using it in any other manner, you indicate your acceptance of these Terms. If you do not agree to these Terms of Service, you may not access the Service or use it in any manner.
About the Service The Company has developed and operates an online platform for users to easily track and manage their bank accounts and expenses. The Service allows users who own a number of bank accounts in different countries to consolidate their financial information in one place and thereby to easily track and manage their financials. Based on the user's financial information, the Service may also provide users with analysis and recommendations with regards to the management of their financials.
Any analysis of your financial information by the Service is only meant as a suggestion and does not constitute a professional financial advice or recommendation. The Company is not a licensed or otherwise authorized financial or tax consultant. You should consider advising with a professional financial advisor before making any decision or taking any action concerning your financials. The Company is not responsible for any direct or indirect damages, including bodily harm or damage to property, caused as a result of a user's decision to act in one way or another based on any reports, suggestions, recommendations and any other content produced by the Service. Use of the Service requires you to register and open an account on the Service via your Facebook, Google or Apple ID accounts (
"User Account"). When opening an account with us, you will be required to provide us with information such as your full name, and email address. You will also be required to log into your bank accounts and provide us with access to view your account information.
Please note that it is your responsibility to ensure that the information you provide to the Company does not violate your contractual obligations with any bank or other financial institution. The Company shall not be liable for any claim on your part or by any third party claiming it has assisted or taken any part in a breach of your contractual obligations with any third party. The Company will not perform any activities on your accounts other than viewing your information for the purpose of providing the Service to you. You must submit only true, accurate and complete details. Bear in mind that false, incorrect or outdated information may prevent you from registering to the Service and impair our ability to provide you with our Services and to contact you when necessary.
You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details when you sign-up to the Service. You are solely responsible and liable for all activities performed with or through your User Account.
We reserve the right to request additional information to verify your identity, during the registration process, throughout your use of the Service, or when you submit requests related to your User Account on the Service. If you fail to provide us the requested information, we reserve the right to suspend or terminate your User Account, pursuant to these Terms.
Acceptable Use of the Service Each User Account is to be used by one (1) person only, or by two (2) or more persons, to the extent that they share a bank account. You may not allow any other third-party to use your user or credentials to access the Service.
In addition, when using the Service, you must refrain from: (1) breaching theses Terms or any other applicable rules and instructions that we may provide; (2) interfering with, burdening or disrupting the functionality of the Service; (3) breaching the security of the Service or identifying any security vulnerabilities in it; (4) circumventing or manipulating the operation, or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service; (5) using or launching any automated system, including without limitation robots, crawlers and similar applications to collect and compile content from the Service; (6) displaying the Service or any part thereof in an exposed or concealed frame, or linking to elements or portions of the Service; (7) displaying content from the Service in any way; including by any software, feature, gadget or communication protocol which may alter the content or its design; (8) downloading content from the Service for any purpose, unless explicitly stated by the company that such action is permitted; (9) accessing or using the Service in order to develop or create a similar or competitive product or service; (10) impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity; (11) collecting, harvesting, obtaining or processing personal information of or about other users of the Service; (12) engaging in any activity that constitutes a criminal offense or gives rise to civil liability; or (13) violating any applicable law.
WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICE. WE MAY SUSPEND OR TERMINATE YOUR USER ACCOUNT, OR BLOCK YOUR ACCESS TO AND USE OF THE SERVICE, WITHOUT PRIOR NOTICE AND AT OUR SOLE DISCRETION, IF WE BELIEVE THAT YOU ARE USING THE SERVICE FRAUDULENTLY OR ABUSIVELY. User Account Suspension and Termination You may, at any time terminate your User Account by Providing us written notice of termination by sending an email to:
daniel@keeseapp.com.
In addition to any remedies that may be available to us under any applicable law, we may temporarily or permanently deny, limit, suspend, or terminate your User Account, prohibit you from accessing the Service and take technical and legal measures to keep you off the Service, at any time and at the Company's sole discretion, including, but not limited to, where the Company determines that -
- You have abused your rights to use the Service;
- You have breached the Terms;
- You have performed any act or omission that violates any applicable law, rules, or regulations;
- You have performed any act or omission which is harmful or likely to be harmful to the Company, or any other third party, including other users and providers of the Service;
- You used the Service to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act;
- You deliberately submitted false information or have failed to comply with our requests for information regarding your identity; or
- You have transferred your User Account to another person or entity.
Upon termination of these Terms or your User Account, for any reason -
- Your right to use the Service is terminated and you must immediately cease using the Service;
- We reserve the right (but have no obligation) to delete all of your information and account data stored on our servers; and
- We will not be liable to you or any third party for termination of access to the Service or for deletion of your information or account data.
The following sections shall survive any termination, or expiration of the Terms: User Account Suspension and Termination, Privacy, Intellectual Property, Limitation of Liability, Indemnification, Governing Law & Jurisdiction, General.
Links The Service may contain links to ads and other content published by third parties or on other websites provided by third parties. We do not operate or monitor these websites and content. You may find these websites or the information and content posted there objectionable or not compatible with your requirements. By linking to a certain website or third-party content, we do not endorse, or sponsor such websites or content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third-party websites or content, or their availability, or for any transactions or dealings made between you and such third-parties.
Privacy We respect your privacy. The Service's privacy policy is available here and is hereby incorporated by reference to and forms an integral part of these Terms.
Intellectual Property The intellectual property rights associated with the Service and any content presented on the Service, including copyrights, trademarks, trade names, patents, trade secrets, work methods and processes, and any other right, are the sole property of the Company or its third-party licensors. These rights apply, among others, to information, articles, images, content, graphic design, data and its processing, the Service's "look and feel", computer code and any other detail concerning its operation.
You are not allowed to copy, duplicate, distribute, sell, make available, market and translate any information, including trademarks, images, pictures, texts and computer code from the Service, without the Company's explicit prior and written consent.
Trademarks featured on the Service (whether registered or not) are the sole property of the Company and/or its third-party licensors. You may not use them without our prior written consent.
Confidentiality You agree to regard and retain as confidential and not divulge to any third party, or use for any unauthorized purposes, any Confidential Information, as defined below, that you acquire during your access and use of the Service without the written approval consent of the Company. Without limiting the scope of this duty, you agree not to design or develop any products or services, which incorporate any Confidential Information. All Confidential Information remains the property of the Company and no license or other rights in the Confidential Information is granted hereby.
"Confidential Information" shall include, but will not be limited to, information regarding research and development related to the Service, inventions, whether patentable or non-patentable, discoveries, innovations, designs, drawings, sketches, diagrams, formulas, computer files, computer programs, hardware, screen shots, software, manuals, selection processes, data, planning processes, trade secrets, business secrets, business plans, copyrights, proprietary information, processes, formulas, know-how, improvements and techniques and any other data related to the Service and its users. Confidential Information will include information in written, oral and/or any other form of communication.
Fees and Payments The license to use the Service is granted to you free-of-charge.
We may, at any time and at our sole discretion, transform a free of charge Service to a fee-based Service, and change any rates and payment terms. If we decide to do so, we will inform you of the fees charged for each Service in advance. Failing to settle your payments for a fee-based Service will prevent you from further using the Service, notwithstanding any other remedies available to us under the applicable law. Any changes in our fee schedule will take effect immediately after being posted on the Service.
Changes and Availability From time to time, we may change the Service's structure, layout, design or display, as well as the scope and availability of the information and content therein, without prior notice. Changes of this type by their very nature may result in glitches or cause inconvenience of some kind.
We may, but are not obligated to, maintain the Service with periodic releases of bug fixes, code updates or upgrades. We will determine, at our discretion, the frequency and scope of such releases and you will have no plea, claim or demand against us or our directors, officers, employees, agents, advisors, consultants, subcontractors and assignees (collectively, our "
Staff"), for any of these releases or the lack thereof.
You grant us your express consent to remotely send and automatically install on your mobile device, without any prior or additional notice, updates, upgrades, code modifications, enhancements, bug fixes, improvements and any other form of code or settings changes in or to the Service, which, among other things, may change its settings, layout, design or display.
YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.
The availability, quality and functionality of the Service depends on various factors, including software, hardware, communication networks, and the quality of broadband/cellular/WiFi network connectivity, which are provided by third parties, at their responsibility. These factors are not fault-free.
WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.
We may, at any time, at our sole discretion, discontinue, terminate or suspend the operation of the Service, or any part or aspects thereof, temporarily or permanently, without any liability to you. We are not obligated to give any notice prior to such change, discontinuation or suspension.
Age Restriction and Eligibility If you are under the age of 18, you may not use the Service in any way. By using, accessing or registering with the Service, you declare that you are 18 years of age or older.
We reserve the right to terminate an account, if we find that you are younger than the minimum age specified above. We may request additional information to confirm your age at any time.
Changes to the Terms From time to time, the Company may change the Terms. Changes will take effect 7 days after their initial posting on the Service, unless the Company amends the Terms to comply with legal requirements. In such cases, the amendments will become effective immediately upon their initial posting, or as required.
Disclaimer of Warranty YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED "AS IS" AND "WITH ALL FAULTS". YOU WILL HAVE NO PLEA, CLAIM OR DEMAND AGAINST THE COMPANY OR ITS STAFF WITH RESPECT TO THE SERVICE, ITS FEATURES, CONTENT, LIMITATIONS OR COMPATIBILITY WITH YOUR NEEDS. YOUR USE OF THE SERVICE, THE INFORMATION CONTAINED IN IT, AND ANY SUGGESTIONS OR RECOMMENDATIONS PRODUCED BY THE SERVICE, IS AT YOUR FULL AND EXCLUSIVE RISK. WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
THE COMPANY does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of the SERVICE, ANY REPORTS, SUGGESTIONS, RECOMMENDATIONS AND ANY OTHER CONTENT PRODUCED BY THE SERVICE, or linkS to OTHER WebSiteS.
Limitation of Liability to the greatest extent permissible under applicable law, THE COMPANY AND ITS STAFF SHALL NOT BE LIABLE TO YOU, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS, INCLUDING LOSS OF PROFIT AND LOSS OF DATA, COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE SERVICE, ANY REPORTS, SUGGESTIONS, RECOMMENDATIONS AND ANY OTHER CONTENT PRODUCED BY THE SERVICE, THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM YOUR RELIANCE ON ANY REPORTS, SUGGESTIONS, RECOMMENDATIONS OR ANY OTHER CONTENT PRODUCED BY THE SERVICE, OR FROM ANY COMMUNICATION WITH THE COMPANY, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF CONTENT OR INFORMATION.
Indemnification To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, us and our Staff, at your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney's fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your use of the Service or any content or Information, or from your breach of the Terms.
Applicable Law and Jurisdiction Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be governed by and construed in accordance with the laws of the State of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Israel.
The applicable courts located in the Tel Aviv district will have exclusive and sole jurisdiction and venue over any dispute, claim or controversy arising from, or in connection with, the Service and its use, and with respect to any matter relating to the validity, applicability, performance or interpretation of these Terms. You and the Company, each hereby expressly consents to personal jurisdiction in these courts and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.
Notwithstanding the foregoing, any claim by the Company against you pursuant to the indemnity clauses of these Terms, may be brought in the court in which the third party claim that is the subject of the indemnity, has been lodged against the Company.
General Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.
These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative.
Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
You may not assign or delegate these Terms or any of your rights, performances, duties or obligations hereunder. Any purported assignment or delegation, in contravention of the above, will be null and void. In the event of a Company merger, acquisition, change of control or the sale of all or substantially all of our equity or assets, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, in their entirety, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party. With such assignment, transfer and delegation, we are irrevocably and fully released from all rights, performance, duties, liabilities and obligations under these Terms.
The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.
Contact Us You may contact us with any questions or comments, at: daniel@keeseapp.com.
Last Updated: December 30, 2020.