Welcome to KECH! We provide a software platform that usesyour style and physical characteristics to match you with the perfect cosmeticsproducts. These Terms of Use govern youruse of KECH,a website and mobile application owned by Ketch, Inc. (“KECH,” “Company,” “We,”“Our”), which also includes all related widgets, tools, data, software, andother services provided by us (the “Services”). Wemay come out with new features from time to time in the future, which we willcommunicate to you through our website and mobile application.
Thisdocument, together with our Privacy Policy and any other terms specificallyreferred to therein, constitute a legally binding agreement (the “Agreement”)between you and the Company in relation to your use of our Services. If you donot agree with these Terms, do not use KECH.
Acceptance of Terms of Use
Please read these Terms of Use, and our Privacy Policy, verycarefully. When prompted, please click or press “Accept” if you agree tobe legally bound by all the terms and conditions herein. Your acceptance ofthese Terms of Use creates a legally binding contract between you and theCompany. If you do not agree with any aspect of these Terms of Use, then do notclick or press “Accept,” in which case you may not use the Services. Byaccepting the Terms of Use and creating an account, you represent and warrantthat the information you include on the Services is accurate and that you havethe capacity to enter into and abide by these terms and conditions.
Changes to Terms of Use
We reserve the right to change, alter, replace or otherwise modify(collectively “Changes”) these Terms of Use at any time. The date of lastmodification is stated in the footer of these Terms of Use.
When we make any updates to these Terms of Use, we will highlightthis fact on the website or online platform. In addition, if you register anaccount and these Terms of Use are subsequently changed in any material respect(for example, for security, legal, or regulatory reasons), we will notify youin advance by sending an email to the email address that you have provided tous. You will have no obligation to continue using the Services following anysuch notification, but if you do not terminate your account as described in theTermination section below, your continued use of the Services will constituteyour acceptance of the revised Terms of Use.
Your KECH Account
When you first create a KECH account, we ask that you register byincluding your email address and creating a password. Access to the Services are only available toregistered users who have expressly agreed to these Terms of Use and ourPrivacy Policy. You are solely responsible for maintaining theconfidentiality and security of your login and account information, and youwill remain responsible for all activity emanating from your account, whetheror not such activity was authorized by you.
We reserve the right to disallow, cancel, remove, or reassigncertain usernames and permalinks in appropriate circumstances, as determined byus in our sole discretion, and may, with or without prior notice, suspend,terminate, and delete your account if activities occur on that account which,in our sole discretion, would or might constitute a violation of these Terms ofUse or an infringement or violation of the rights of any third party, or of anyapplicable laws or regulations.
You may terminate your account at any time through our Services,or you can contact us at support@kech.com.
Your Use of the Services
Subject to your strict compliance with these Terms of Use, KECHgrants you a limited, personal, non-exclusive, revocable, non-assignable, andnon-transferable right and license to use the Services in order to generatetext, graphics, software, photographs, videos, data, and other materials(collectively “Content”), view Content, share and download Content using thefeatures of the Services where the appropriate functionality has been enabled.
The above licenses are conditional upon your strict compliancewith these Terms of Use including, without limitation, the following:
(i) You must not copy, rip or capture, or attempt to copy, rip orcapture, any Content from the Services or any part of the Services, other thanby means of download or sharing in circumstances where we have elected topermit downloads and sharing of the relevant Content.
(ii) You must not employ scraping or similar techniques toaggregate, repurpose, republish or otherwise make use of any Content.
(iii) You must not alter or remove, attempt to alter orremove any trademark, copyright or other proprietary or legal notices containedin, or appearing on, the Services or any Content appearing on the Services(other than your Content).
(iv) You must not, and must not permit any third party to, copy oradapt the object code of the Website or any of the Services, or reverseengineer, reverse assemble, decompile, modify or attempt to discover any sourceor object code of any part of the Services, or circumvent or attempt tocircumvent or copy any copy protection mechanism or access any rightsmanagement information pertaining to Content other than your Content.
(v) You must respect the wishes of other users. If you are blockedby another user, you agree to not attempt to contact them on KECH either fromthe account you were blocked from or any other account.
(vi) You must not usethe Services to upload, post, store, transmit, display, copy, distribute,promote, make available or otherwise communicate to the public:
· any Content that isoffensive, abusive, libelous, defamatory, obscene, racist, ethnically orculturally offensive, indecent, that promotes violence, terrorism, or illegalacts, incites hatred on grounds of race, gender, religion or sexualorientation, or is otherwise objectionable in the Company’s reasonablediscretion;
· any information,Content, or other material that violates, plagiarizes, misappropriates, orinfringes the rights of third parties including, without limitation, copyright,trademark rights, rights of privacy or publicity, confidential information orany other right; or
· any Content thatviolates, breaches, or is contrary to any law, rule, regulation, court order,or is otherwise is illegal or unlawful in the Company’s reasonable opinion;
· any material of any kindthat contains any virus, Trojan horse, spyware, adware, malware, bot, timebomb, worm, or other harmful or malicious component, which actually orpotentially could overburden, impair or disrupt the Services or servers ornetworks forming part of, or connected to, the Services, or which actually orpotentially could restrict or inhibit any other user's use and enjoyment of theServices; or
· any unsolicited or unauthorized advertising,promotional messages, spam or any other form of solicitation.
(vii) You must notcommit or engage in, or encourage, induce, solicit or promote, any conduct thatwould constitute a criminal offence, give rise to civil liability or otherwiseviolate any law or regulation.
(viii) You must not deliberately impersonate any person or entityor otherwise misrepresents your affiliation with a person or entity, forexample, by registering an account in the name of another person or company orsending messages or making comments using the name of another person.
You agree to comply with the above conditions and acknowledge andagree that KECH has the right, in its sole discretion, to terminate youraccount or take such other action as we see fit if you breach any of the aboveconditions or any of the other terms of these Terms of Use. This may includetaking court action and/or reporting offending users to the relevantauthorities.
User License Grant to KECH
Subject to theobligation to maintain the confidentiality of Personal Information about a useras identified in the Privacy Policy, You, as a user of the Services grant KECHa non-exclusive, fully paid-up, royalty-free, perpetual, and irrevocablelicense, throughout the universe, to use, reproduce, distribute, modify, adapt,prepare derivative works of, publicly display, publicly perform, communicate tothe public, and otherwise utilize and exploit Personal Information andinformation about Your use of the Service to:
Intellectual Property Rights
The Services and its entire contents, features, andfunctionality (including but not limited to all information, software, text,displays, images, video, and audio, and the design, selection, and arrangementthereof) are owned by the Company, its licensors, or other providers of suchmaterial and are protected by United States and international copyright,trademark, patent, trade secret, and other intellectual property or proprietaryrights laws.
All related names, logos, product and service names, designs,and slogans are trademarks of the Company or its affiliates or licensors. Youmust not use such marks without the prior written permission of theCompany. All other names, logos, product and service names, designs, andslogans on this Website are the trademarks of their respective owners.
Copyright Infringement and the Digital Millennium CopyrightAct (DMCA) Safe Harbor
We take the intellectual propertyrights of others seriously and require that users of KECH do the same. TheDigital Millennium Copyright Act (DMCA) established a process for addressingclaims of copyright infringement that we have implemented for our services. Ifyou own a copyright or have authority to act on behalf of a copyright owner andwant to report a claim that a third party is infringing that material on orthrough KECH, please send a notice to our copyright agent that includes all ofthe items below and we will expeditiously take appropriate action:
Our designated copyright agent toreceive such claims can be reached at
We may, in appropriatecircumstances, disable or terminate the accounts of users who may be repeatinfringers.
This process does not limit ourability to pursue any other remedies we may have to address suspectedinfringement.
Billing, Payment, Taxesand Fees
Fees for our Services are detailed on our website andplatform. You agree to pay all amounts due in your account, quote orinvoice and in accordance with KECH’s payment terms and, if applicable, thoseof any payment processor. If any payment is not made on time, KECH maydeactivate your access to the Services.
All orders will be made with third party vendors. The orders will be shipped and handled bythat third-party vendor, and their shipping and return policies with apply.
You acknowledge and agree that any estimates of fees and chargesprovided to you by KECH are solely estimates based on assumptions and that youare fully responsible for the actual fees and charges that accrue.
Third Party Websites and Services
The Services may provide you with access to and/or integrationwith third party websites, databases, networks, servers, information, software,programs, systems, directories, applications, products or services (hereinafter“External Services”).
The Company does not have or maintain any control over ExternalServices and is not and cannot be responsible for their content, operation oruse. By linking or otherwise providing access to any External Services, theCompany does not give any representation, warranty, or endorsement, express orimplied, with respect to the legality, accuracy, quality or authenticity ofcontent, information or services provided by such External Services.
External Services may have their own terms of use and/or privacypolicy, and may have different practices and requirements to those operated bythe Company with respect to the Services. You are solely responsible forreviewing any terms of use, privacy policy, or other terms governing your useof these External Services, which you use at your own risk. You are advised tomake reasonable inquiries and investigations before entering into anytransaction, financial or otherwise, and whether online or offline, with anythird party related to any External Services.
You are solely responsible for taking the precautions necessary toprotect yourself from fraud when using External Services, and to protect yourcomputer systems from viruses, worms, Trojan horses, and other harmful ordestructive content and material that may be included on or may emanate fromany External Services.
The Company disclaims any and all responsibility or liability forany harm resulting from your use of External Services, and you herebyirrevocably waive any claim against the Company with respect to the content oroperation of any External Services.
Disclaimer
THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, ONLINEPLATFORM AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE,ONLINE PLATFORM OR OTHERWISE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITHALL FAULTS.”
YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL,EXCLUSIVE, AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE SERVICES,AND YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOUR USE OF OR RELIANCE ON THESERVICES IS MADE ENTIRELY AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT IT ISYOUR RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE LAWS WHILE USING THE SERVICE.
WHILE THE COMPANY USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORSOR OMISSIONS IN THE SERVICES AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHTTO THE COMPANY’S ATTENTION, THE COMPANY MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS,OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THESERVICES, OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OROTHER EXTERNAL SERVICES. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THESERVICES WILL BE ACCURATE OR RELIABLE, UNINTERRUPTED, TIMELY, SECURE, ORERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR ANY PART ORPARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE SERVICES OPERATES AREOR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOTWARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE SERVICES WILL BESECURE OR THAT ANY ELEMENTS OF THE SERVICES DESIGNED TO PREVENT UNAUTHORISEDACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES,AND DOES NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULARJURISDICTION.
THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ANDASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS,SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIESNOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDINGWITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDINGNON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THEDISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVEDISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIESTO THIS AGREEMENT.
Limitation of Liability
THE COMPANY’S AND ITS SUBSIDIARIES, AFFILIATES,SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS,OFFICERS AND SHAREHOLDERS, LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENTPERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANYKIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL,CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, LOSS OFGOODWILL OR BUSINESS REPUTATION, ANY COST TO PROCURE SUBSTITUTE GOODS ORSERVICES, OR ANY INTANGIBLE LOSS, REGARDLESS OF THE FORESEEABILITY OF THOSEDAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR ANYOTHER SERVICES PROVIDED TO YOU BY THE COMPANY.
This limitation shallapply regardless of whether the damages arise out of breach of contract, tort,any form of error, or breakdown in the function of the service, or any otherlegal theory or form of action.
ALTHOUGH NOT ANEXHAUSTIVE LIST AND WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITSSUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVEEMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NOLIABILITY FOR:
1. ANY LOSS OR DAMAGEARISING FROM:
(A) YOUR RELIANCE ON THECONTENT OF THE SERVICES, INCLUDING WITHOUT LIMITATION, CONTENT ORIGINATING FROMTHIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICES;
(B) YOUR INABILITY TOACCESS OR USE THE SERVICES OR ANY PART OR PARTS THEREOF, INCLUDING DELETION ORCORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER DATA MAINTAINED ORTRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE, OR YOUR ABILITY TO ACCESSANY CONTENT OR ANY EXTERNAL SERVICES VIA THE SERVICES;
(C) ANY CHANGES THAT THECOMPANY MAY MAKE TO THE SERVICES OR ANY PART THEREOF, OR ANY TEMPORARY ORPERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE SERVICES OR ANY CONTENT INOR FROM ANY OR ALL TERRITORIES;
(D) ANY ACTION TAKENAGAINST YOU BY THIRD PARTY RIGHTS HOLDERS WITH RESPECT TO ANY ALLEGEDINFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USEOF THE SERVICES, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY THE COMPANYOR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE SERVICES;
(E) ANY ERRORS OROMISSIONS IN THE SERVICES’S TECHNICAL OPERATION, OR FROM ANY INACCURACY ORDEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;
(F) YOUR FAILURE TOPROVIDE THE COMPANY WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TOKEEP YOUR ACCOUNT LOGIN INFORMATION SUITABLY CONFIDENTIAL;
(G) ANY LOSS OR DAMAGETO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA, OR ANY LOSS OR DAMAGEFROM ANY SECURITY BREACH;
(H) ANY LOSS OF PROFITS,INCLUDING THOSE CAUSED BY YOUR RELIANCE ON THE SERVICES, OR ANY LOSS YOU SUFFERWHETHER OR NOT IT IS FORESEEABLE.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THESERVICES MUST BE NOTIFIED TO THE COMPANY AS SOON AS POSSIBLE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OFLIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OREXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THATSUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OFRISK BETWEEN YOU AND THE COMPANY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAINBETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY’S LIABILITY WILL BE LIMITEDENTIRELY, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification
You hereby agree to indemnify, defend and hold harmless theCompany, its successors, assigns, affiliates, agents, directors, officers,employees, and shareholders from and against any and all claims, obligations,damages, losses, expenses, and costs, including reasonable attorneys' fees,resulting from:
(i) any violation by you of these Terms of Use or
(ii) any activity related to your account, be it by you or by anyother person accessing your account with or without your consent.
Data Protection,Privacy, and Cookies
All personal data that you provide to us in connection with youruse of the Services is collected, stored, used, and disclosed by the Company inaccordance with our Privacy Policy, which is in compliance with EuropeanUnion and California privacy law. In addition, in common with most websites, weuse cookies, location data, and other user information to help us understandhow people are using the Services, so that we can continue to improve theservice we offer. The Privacy Policy, as may be updated by the Company fromtime to time in accordance with its terms, is hereby incorporated into theseTerms of Use, and you hereby agree to the collection, use and disclosepractices set forth therein.
Applicable Law andJurisdiction
If a dispute arises between you and KECH, our goal is to provideyou with a neutral and cost-effective means of resolving the issue quickly. Inthe event of a dispute, we encourage you to contact us first to resolve yourproblem directly with us. You may contact us regarding any complaints ordisputes in the “Contact us” section below in these Terms.
These Terms of Use shall be construed in accordance with andgoverned by the laws of the United States and the State of California, withoutreference to their rules regarding conflicts of law.
ANY DISPUTE, CLAIM ORCONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH,TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THEDETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE,SHALL BE DETERMINED BY ARBITRATION IN SAN FRANCISCO, CALIFORNIA BEFOREARBITRATOR(S). THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITSCOMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND IN ACCORDANCE WITH THEEXPEDITED PROCEDURES IN THOSE RULES OR PURSUANT TO JAMS’ STREAMLINEDARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANYCOURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKINGPROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATEJURISDICTION.
Availability of Services
KECH may discontinue or change our Services at any time with orwithout prior notice and without liability to you. We make no guarantee thatour Services will be available at all times or without interruption.
Termination
You agree that KECH may terminate your account at any time foryour violation of any of the provisions of these Terms. If youare dissatisfied with the KECH Services, please let us know by emailing us at support@kech.com. Your only other remedy with respect to anydissatisfaction with (a) the Services, (b) any portion of these Terms, (c) anypolicy or practice of KECH in providing the Services, or (d) any content orinformation transmitted through the Services, is to terminate the Services andyour account. You may terminate the Services at any time by discontinuing youruse of any and all parts of our Services and providing KECH notice oftermination by emailing us at support@kech.com.
Complete Agreement
These Terms constitute the entire agreement between you and KECH withrespect to the use of the KECH Site and Content. Your use of the KECH Site isalso subject to the KECH Privacy Policy. If any provision of these Terms isfound to be invalid by any court having competent jurisdiction, the invalidityof such provision shall not affect the validity of the remaining provisions,which shall remain in full force and effect. No waiver of any of these Termsshall be deemed a further or continuing waiver of such term or condition or anyother term or condition.
Contact us
For questions or comments about the Terms, please email us at support@kech.com.
Last Update: May 4, 2020
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