Application: Mean the KeelX Talk application which can be downloaded in iOS and Android version.
Customers: Means any company, organization or individual who is paying for the Application.
Dashboard: Means the web-based dashboard of KeelX Talk which is accessed by the Users to communicate with the Registered Users and apply the Services.
Services: Means the communication and chat services provided by KeelX Talk to the Users and Registered Users.
Users: Means the administrators (administrators of any level as assigned by the Customer) who are using KeelX Talk Services on behalf of the Customer through the Dashboard.
Registered Users: Means the users which registered themselves to use the Application.
Website: Means www.keelxtalk.io. The website may include Dashboard and Application. In clause 11 of this Terms and Conditions Website includes Dashboard and Application.
These Terms and Conditions apply to the Website, Dashboard and the Keel Talk Application .
These Terms and Conditions will apply to the Customers Users’, and Registered Users who are using the Website, the Dashboard, or the Application of KeelX Talk.
You may use our Services only if you:
- Comply with these Terms and Conditions, all applicable by-laws, disclaimers provided, and our Privacy Policies (Link), and
- Are over the age at which you can provide consent to data processing under the laws of your country. Certain regions may have additional requirements and/or different age restrictions.
When you create an account to login to the Dashboard, and when you subsequently use certain features, you must provide us with accurate information, and you agree to update your information to keep it accurate.
This Terms and Conditions together with any other document referred to in it sets out the Terms and Conditions on which you may use and access the Dashboard and/or the Application which definition shall include the login in the Dashboard and or the Application. For the purposes of the Terms and Conditions, the “User” “Registered Users” or “You” shall be defined as any individual, or Company, or organization who accesses and uses the Dashboard and/or Application and its tools, including individuals or companies or organizations. Your use of the Dashboard and/or Application is subject to and constitutes acceptance of the conditions included in these Terms and Conditions. If you do not agree to these Terms and Conditions, you should exit this Website now. Your use is at your own risk and is conditioned upon acceptance of these Terms and Conditions.
KeelX collects information about the Users and Registered Users of the Dashboard, Website, and the Application. Collection and any processing of this information is governed by this Terms and Conditions. By using the Dashboard and Application, the Users consent to such collection and processing and warrant that all data provided by them is accurate and not misleading.
- Copyrights and Trademarks
The Dashboard, its content, as well as the Application and the Website are property of KeelX and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyright laws, international conventions, and other intellectual property laws. All trademarks and logos appearing on this Website are the property of their respective owners. Nothing on the Dashboard and/or Website and/or the Application should be construed to grant any license or right in or to any trademarks, logos, or other intellectual property rights. All rights are reserved by the owners of each trademark, service mark, logo, or other intellectual property, except as otherwise described in these Terms and Conditions. You may view, use, download, and store the material from the web-based Dashboard for personal use or for the purpose of conducting business with us. Commercial use is not permitted. The re-distribution, re-publication, or otherwise making available of the material of the Dashboard, Application, or Website to third parties, without our prior written consent is prohibited. Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offense.
- Technical Requirements
The Dashboard and Website is available online and access may be established by usage of most available browsers. The Application can be installed and accessed on both Android and iOS devices.
- Your account and password
If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and personal to you. You are solely responsible for the use of the services and the processing of your data.
You must not disclose it to any third party nor use any third party’s identification and security information on the Website and/or Dashboard and/or Application.
It is your obligation to keep your login details (username and password) confidential. The Customer and its Users’ and the Registered Users acknowledge that KeelX shall not be liable for any breach of this obligation by the Customer and/or Users and/or Registered Users, in particular for misuse of your account by third parties.
We have the right to disable any user identification code or password at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms and Conditions. If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at firstname.lastname@example.org .
- Prices / Paid Services/ Cancelation
KeelX provides its Services through a yearly subscription at a fee of 120 US Dollars plus VAT per account. This fee covers the Services for a vessel account, and KeelX does not support aggregated or group payments. In the case where Users wish to purchase the Services for multiple vessels, separate payments will be required for each individual vessel account. The subscription begins upon payment of the Services fee and lasts for exactly one year. Unless specified otherwise, all fees are denominated in US Dollars.
To ensure smooth renewal of the subscription, Users will receive notifications regarding the need to pay the renewal Service fee. These notifications will be sent 21 days, 7 days, and 1 day prior to the subscription’s expiration. If Users fail to make the payment, they will have a grace period of one week after the expiration of the subscription to proceed with the payment. However, if no payment is made within this period, the account will be deactivated.
All prices mentioned are exclusive of any applicable value-added tax at the relevant time. KeelX reserves the right to modify fees at its sole discretion, without any prior notice. Additionally, KeelX may occasionally provide special promotional offers or discounts, also at its discretion.
Refunds are not offered for payments made for the Services purchased, and KeelX is under no obligation to provide refunds for any other Services. Although Users have the option anytime to deactivate, cancel, or delete their accounts, no refunds will be issued for Services already purchased by the Users.
- Usage of the Application/Dashboard
The KeelX Talk Application offers a solution that enables the Registered Users to communicate and/or report incidents direct, identified, or anonymous to the Customer and its assigned Users. KeelX Talk hereby grants the Users the right to use the Application based on these Terms and Conditions. The Customer and assigned Users are responsible to provide the login information to the Registered Users. The right of usage of the Dashboard is restricted to the Users assigned by the Customer. The Customer has the responsibility for the protection of the information and the requests their assigned Users are receiving from the Registered Users. KeelX Talk does not have any responsibility for the information or the requests that the Customer and/or the Users and/or the Registered Users are exchanging, including any leakage or, misuse or any unlawful disclosure of personal information and/or correspondence that the Customer and/or the Users and/or the Registered Users are exchanging. You are solely responsible for the use of the services and the processing of your data.
In case the Customer has been offered a test period, the Customer’s right of usage to the Application and/or Dashboard is limited to the agreed test period, and the Customer’s access to the Application and/or Dashboard will be blocked on expiry of the test period unless a subscription has been agreed within the test period.
- Liability for availability and Errors in the Product
KeelX strives to always provide its services to its Customers, and/or Users and/or Registered Users. However, KeelX is not liable for any interruptions or outages of the Internet connection provided by third parties.
The Customer and/or Users and/or Registered Users shall not be entitled to any compensation for interruptions, outages, or other deficiencies of the Website and/or Application and/or the Dashboard due to planned or unscheduled maintenance work and/or internet disruptions due to issues resulting on behalf of third parties. We may not be able to deliver the Services to certain regions or countries for various reasons, including any applicable export control requirements or internet access limitations and restrictions from governments. KeelX shall not have any liability to you for any such action.
The Customer, and/or the Users and/or the Registered Users shall notify KeelX for any failures, outages, and other deficiencies in regards to the Website and/or Application and/or the Dashboard without delay after their occurrence and describe them in its report and indicate whether they occurred during the use of the Website and/or Dashboard and/or the Application, as well as any other relevant information.
- Prohibited Uses
By accessing and using the Website and/or Dashboard and/or Application, you agree that you will not:
- Use the Website and/or Dashboard and/or Application in violation of these Terms and Conditions;
- Copy, modify, create a derivative work from, or reverse engineer the Website and/or Dashboard and/or Application, or otherwise attempt to discover any source code, or allow any third party to do so;
- Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in, or otherwise transfer any right in, or make available to a third party, the Website or any portion thereof, in any way;
- Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website and/or Dashboard and/or Application in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period;
- Use the Website and/or Dashboard and/or Application in any manner that damages, disables, overburdens, or impairs the Site or interferes with any other party’s use and enjoyment of the Dashboard and/or Application;
- Mirror or frame the Dashboard or any part of it on any other Website;
- Attempt to gain unauthorized access to the Dashboard and/or Application;
- Access the Dashboard and/or Application by any means other than through the interface that is provided by us for use in accessing the Dashboard and/or Application; or
- Use the Website and/or Dashboard and/or Application for any purpose or in any manner that is unlawful or prohibited by these Terms and Conditions.
There will be no tolerance for objectionable content or abusive users.
- Third-Party Links
From time to time, the Website and/or Dashboard and/or Application may contain links to Websites that are not owned, operated, or controlled by KeelX or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website and/or Dashboard and/or Application. Neither we nor any of our affiliates are responsible for any content, materials, or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials, or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website and/or Dashboard and/or Application, you do so entirely at your own risk. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
- Disclaimer / Limitation of Liability
ALTHOUGH WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION IN OUR WEBSITE, DASHBOARD or APPLIICATION AND TO ENABLE SMOOTH AND SAFE OPERATION OF THIS WEBSITE, WE DO NOT GUARANTEE, NOR DO WE MAKE ANY PRESENTATIONS OR REPRESENTATIONS WHATSOEVER AS TO THIS WEBSITE, DASHBOARD or APPLIICATION WITH RESPECT TO ITS ACCURACY AND/OR QUALITY AND/OR SUITABILITY AND/OR TIMELINESS AND/OR ACCESSIBILITY AND/OR AVAILABILITY AND/OR COMPLETENESS AND/OR RELIABILITY AND/OR CORRECTNESS OF THE INFORMATION OR OF ANY PART THEREOF, OR OF THE PRODUCTS, OR OF ANY OTHER MATERIALS AND/OR SERVICES THROUGH THIS SITE (HEREINAFTER: “THE CONTENTS”).
KeelX ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, DISTRIBUTORS, DIRECTORS, AND AGENTS ARE NOT AND SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS OR INCLUSION OF ANY MATERIAL IN THE CONTENTS OR IN SUPPLY OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE WHOEVER DEFINED (INCLUDING WITHOUT LIMITATION ANY PECUNIARY, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, FORESEEABLE, UNFORESEEABLE AND/OR EXEMPLARY DAMAGES), THAT MAY RESULT FROM, OR THAT OTHERWISE MAY BE RELATED TO THIS SITE OR TO THE CONTENTS.
OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES AND/OR TO THE CONTENTS AND/OR TO ANY ISSUE THAT IS OR THAT MAY OTHERWISE BE RELATED TO THIS WEBSITE. THIS EXCLUSION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, IRRESPECTIVE OF WHETHER KeelX AND/OR ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL KeelX BE LIABLE TO ANY CUSTOMER AND/OR USER or REGISTERED USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
- USE OF, OR INABILITY TO USE, THE WEBSITE, DASHBOARD or APPLIICATION;
- USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON THE WEBSITE, DASHBOARD or APPLIICATION
- OMISSIONS OR ERRORS IN THE CONTENT OF THE WEBSITE, DASHBOARD or APPLIICATION
- LOSS OF PROFITS, SALES, BUSINESS OR REVENUE;
- BUSINESS INTERRUPTION;
- LOSS OF ANTICIPATED SAVINGS;
- LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR
- ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
YOU EXPRESSLY AGREE THAT NO WARRANTY THAT IS NOT SPECIFICALLY STATED IN THESE TERMS AND CONDITIONS WILL BE CLAIMED OR OTHERWISE ADHERED TO BY YOU, NOR WILL SUCH A WARRANTY BE VALID. SINCE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF DIFFERENT TYPES OF DAMAGES, KeelX MAXIMAL LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO AND SHALL NOT EXCEED THE MINIMAL EXTENT OF LIABILITY STIPULATED AND/OR PERMITTED BY LAW IN SUCH JURISDICTIONS.
Upon a request by KeelX, you agree to defend, indemnify, and hold KeelX and its affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Website, and or Dashboard and/or Application. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- Governing Law
The Terms and Conditions and the relationship between Customer and/or Registered User and KeelX shall be governed by and construed in accordance with the laws of Cyprus.
Waiver/Severability – The waiver by either party of a breach of or right under the Terms and Conditions will not constitute a waiver of any subsequent breach or right. If any provision of the Terms and Conditions is found to be invalid or unenforceable by an arbitration proceeding in the appropriate jurisdiction, such provision shall be severed from the remainder of the Terms and Conditions, which will otherwise remain in full force and effect.
Reservation of Rights – Any rights not expressly granted herein are reserved.
If you have any questions about these Terms and Conditions, please contact us at email@example.com