Use KemyCard wisely.
Know your rights & duties.

Preamble

“We” refers to Kemygroup LLC, the company that provides KemyCard. “The Service” refers to KemyCard, a software-as-a-service (SaaS) accessible via the Internet.

The Service is offered by Kemygroup LLC, a company registered in the State of Delaware, USA. Use of the Service is subject to these Terms. Any deviation must be confirmed by us in writing.

1. Access and Use of the Service

1.1. Registration and Login

Access requires prior registration. You must create a KemyCard account. After registration, you can access your account and use the Service immediately.

1.2. Processing of Personal Data

By using KemyCard, you consent to processing of your personal data in accordance with our Privacy Policy, which explains how we collect, use and protect your information.

2. User Obligations and Responsibilities

• 2.1. Compliance with Laws — You agree to use the Service only for lawful activities under US and applicable laws. You may not store or transmit defamatory, libelous, racist or illegal content.
• 2.2. Monitoring and Intervention — If we detect or receive a complaint about a violation, we may intervene to remedy the situation.
• 2.3. Abuse Prevention — We may take necessary measures to prevent or limit damage or compromise to systems or networks.
• 2.4. Disclosure in case of infringement — We may file criminal complaints and disclose personal information to third parties alleging rights violations, under strict conditions.
• 2.5. Indemnification — You must compensate us for damages resulting from your violation of these Terms and waive claims against us in connection with such violations.

3. Availability, Maintenance and Evolution

3.1. Availability

We strive for continuous availability but do not guarantee uninterrupted access to the Service.

4. Intellectual Property Rights

4.1. Rights to the Service

KemyCard, its software, and all information and images on the Website are protected by intellectual property rights owned by Kemygroup LLC. They may not be copied or used without our express permission, except as permitted by law.

4.2. Ownership of User Data

The information you store or process through the Service remains your property. We are granted a limited license to use this information in connection with the Service (including future developments). You may revoke this license by deleting the information or terminating the agreement.

 

4.3. User Contribution

If you send information to Kemygroup LLC (e.g., bug reports, suggestions), you grant a perpetual and unlimited license to use this information for the Service (not applicable to information you designate as confidential).

4.4. Restricted Access to Data

We do not access data you store or transfer via the Service, except as necessary to provide the Service or as required by law/authority, in which case access is limited as much as possible.

5. Pricing and Payment

5.1. Service Fees

Some features may be subject to fees. Applicable fees are provided within the Service and are due monthly in advance.

5.2. Payment Terms

Payments must be made according to the methods indicated on our website.

5.3. Non-refund

As the Service is activated immediately upon your request, payments are non-refundable (consistent with distance-selling rules).

6. Limitation of Liability

6.1. Liability Cap

Except in case of willful misconduct or gross negligence by us, our liability is limited to the amount paid by you in the three months preceding the event giving rise to the claim.

6.2. Disclaimer for Consequential Damages

We are not liable for consequential damages (including loss of profits, savings, or business interruption).

 

6.3. Claims Deadline

Claims must be reported in writing within two months of discovery.

6.4. Force Majeure

We are not liable in cases of force majeure (including but not limited to Internet or telecom outages, power failures, riots, strikes, business disruptions, supply interruptions, fire, floods).

7. Duration and Termination

7.1. Entry into force and Duration

This agreement is effective from your first use and continues for one month, automatically renewing for successive one-month periods.

7.2. Termination by the User

Consumers may terminate at any time with one month’s notice after the first automatic renewal. For non-consumers, termination is possible at the end of the current period with one month’s notice.

 

7.3. Termination due to non-use

We may terminate if you have not used the Service for 18 consecutive months (a reminder will be sent to the account email before any action).

7.4. Data Export

Exporting data stored or processed via the Service is not possible.

8. Changes to Terms and Right to Terminate

8.1. Right to Modify

We may modify or add to these Terms or fees at any time.

8.2. Notification of Changes

Changes/additions will be announced via the Service at least 30 days before taking effect.

 

8.3. Right to Terminate in the Event of Change

If you do not accept a change/addition, you may terminate until the effective date. Use of KemyCard after that date constitutes acceptance.

9. Miscellaneous

• 9.1. Applicable Law — This Agreement is governed by US law.
• 9.2. Jurisdiction — Unless otherwise required by law, disputes are brought before US courts (place of business of Kemygroup).
• 9.3. Validity of Electronic Communications — Where “in writing” is required, email or communication via the Service is sufficient if authenticity and integrity can be ensured.
• 9.4. Authenticity of Records — Our recorded version of communications/information is deemed authentic unless proven otherwise.
• 9.5. Partial Invalidity — If any part is invalid, the remainder stays in force; parties will adopt replacement provisions closest to the original intent within the law.
• 9.6. Transfer of Rights & Obligations — We may transfer rights/obligations to a third party in connection with an acquisition or related business activities.