Thank you for registering to use Keep products, in order for you to better use the products and services provided by Keep, please kindly read, fully understand all terms, in particular the terms of exemption or limitation of liability, and choose to accept it or not.
Unless you have read and accepted all the terms of this agreement, you do not have the right to download, install or use Keep to provide related products and services. Your download, installation, use, landing means you have read and agreed to the binding of this agreement.
I. SCOPE OF THE TERMS
1.1 The Agreement is between you and Keep, and the effect of this agreement and all products and services provided by Keep shall be bound by this agreement.
1.2 Products and services under this agreement refer to Internet products and services issued by Keep including but not limited to Internet media, Internet value-added services, interactive entertainment (in the form of, but not limited to, online video, pictures, software, technical code, etc.).
1.4 Keep owns the right to revise the agreement and/or various rules (including but not limited to new terms and amendments to existing provisions) as required and to make a change announcement in the form of an online bulletin without notice to you separately. However, when any significant changes are made, Keep will notify you via Keep App or other means before the changes become effective. The amended agreement and rules automatically become effective upon publication, immediately or at a specific time when the announcement is clear. If you continue to use Keep product or service after the above notice is amended, you are deemed to have read, understood and accepted the revised agreement and rules. If you do not agree to the amendment, you should immediately stop using the products and services provided by Keep.
1.5 Except as expressly provided herein, Keep shall have the right to standardize on the basis of this agreement, through a separate product and service agreement (hereinafter referred to as “individual product agreement”), for the use of the products and services developed/released by Keep, and you shall be informed and confirmed in the application of the product or service. Where a single product agreement is in conflict with this agreement, the individual product agreement shall prevail. If you use the product or service, it is regarded as acceptance of the relevant individual product agreement.
II. PRODUCT AND SERVICE INTRODUCTION
2.1 Keep provides you with a wide range of Internet products and services, including but not limited to training courses, running, walking, cycling, and other related products. You may use, share, purchase products and services provided by Keep. You have the right to receive the products and services provided by Keep. Keep has the right to charge the resulting service or product fees.
2.2 Keep operators will do their best to provide unimpeded online services, but the platform’s network access services may be affected by a number of factors linked to the blocked, restricted or terminated. We will not be responsible for the loss or inconvenience caused.
2.3 Keep provides some of the products and services to be paid for use, you need to pay to use such products. For those charged products and services, we will give you a clear hint before you pay. You can use/continue to use those products and services when you confirm your willingness to pay the relevant fees. If the you refuse to pay, Keep operator has the right not to provide you with the charging products and services.
2.4 Keep only provides online products and services. Network services related to equipment (such as mobile phones, the personal computer, and other devices connected to the Internet or mobile network, and the costs (such as telephone and internet fees paid for access to the Internet, mobile charges for the use of mobile networks) should be borne by yourself.
2.5 Replacements, modifications, and upgrades
2.5.1 In order to enhance your experience and perfect the service content, Keep has the right to develop new service according to your use state and behavior of Keep App;
2.5.2 For the improvement, enhancement and further development of services, Keep has the right to provide software updates (including software upgrades, modifications, enhancements, version upgrades, etc.).
2.5.3 You understands and agrees that Keep has the right not to give you special notice to update, or to change or restrict part of the functions.
2.5.4 When a new version is released, the old version may not be available. Keep operator does not guarantee the old version will continue to be available. For full and timely use of Keep services, please check and download the latest version at any time.
2.6 Third-party applications and services
Keep provides functional modules that support third-party applications for you, including but not limited to tools, video or picture-type services. When using such an application, you shall comply with the provisions of this agreement and the corresponding agreement, terms or rules of the application. The rights and obligations between you and the developer are executed in reference to the relevant agreement, terms or rules. When using the software and services provided by a third party, you must understand and agree:
2.6.1 When you use the application and service provided by the third-party developer, the third-party developer will obtain your personal data and content with you authorization. Such information are decided by yourself whether or not to a third party. You must be clear that Keep operator is not responsible for the disclosure of information that may occur after the personal data and content information is provided to a third-party developer.
2.6.2 Keep has the right to audit and manage the application provided by the third-party developers. Keep have the right to inactive the third-party application without notifying you. Keep operator will not be responsible for such impact or loss. However, Keep will try best to protect your rights against infringement.
2.6.3 When using a third party application, you shall agree: A. authorize the use of your own third party account (i.e. Facebook, Google or Instagram) to login in Keep; B. consent to third party applications to obtain your personal data to obtain the appropriate products and services.
2.6.4 Any dispute between your and the third party developers will be resolved by yourself and the developers, and the relevant liability and compensation shall be borne by the third party developers alone, not by Keep operator.
III. INTELLECTUAL PROPERTY
3.1 Keep owns all rights to Keep products (including but not limited to intellectual property rights and ownership) according to law. All copyrights and all other intellectual property rights of Keep, and all information related to Keep, including but not limited to: words and their combinations, icons, ornaments, color combinations, interface design, layout frames, relevant data, printing materials, or electronic documents are protected by relevant laws and regulations of China’s intellectual property rights and relevant international treaties.
3.2 All rights of Keep products and information provided by Keep products, such as video, games, technical software, etc. are attributable to Keep, except those uploaded by users or explicitly identifies them to be provided by a third party.
3.3 “Keep” “K” “Keepup” “KeepKit” “Keepland” embodied in Keep products and/or service logos are trademarks or registered trademarks belongs to Keep in China or other countries, regions, you may not use them without Keep’s lawful authorization.
3.4 Keep has patent rights, patent application rights, trademarks, copyrights and other intellectual property rights in relation to Keep products and related services. Keep does not grant you any intellectual property rights because of this agreement or the related products and services to you. The rights not expressly granted to you herein are reserved by Keep.
IV. PRIVATE POLICY
4.2 You may need to fill out some necessary information in the process of registering your account or using Keep products and services. If the local laws and regulations have special provisions, you also need to fill in the real identity information. If you fill in incomplete information, you may not be able to use Keep products or services, or be limited in the course of use.
4.3 Keep will not transfer or disclose your personal information to any unrelated third party unless:
4.3.1 Relevant laws and regulations or the requirements of the courts and government authorizations;
4.3.2 Transfer to complete the merger, division, acquisition or transfer of assets;
4.3.3 To provide the services you require;
4.3.4 Other circumstances where the keep determines that it is necessary and does not violate the mandatory provisions of laws and regulations.
4.4 Keep attaches great importance to the protection of minors’ information. If you are a minor under 13, you should obtain the consent of your legal guardian prior to using the Keep service.
V. USER ACCOUNTS, PASSWORD, AND SECURITY
5.1 Registration Qualification
You confirm that you shall be a natural person, legal person or other organization with full civil rights and full civil capacity when you have completed the registration process or have actually used the products and services provided by Keep. If you do not have the aforementioned subject qualification, you and your guardian shall bear all the consequences resulting from it, and Keep shall have the right to cancel or permanently freeze your account and retain the right to claim compensation from you or your guardian. Minors under 13 shall use Keep products and services under the guidance to avoid indulging.
5.2 Registration and Account
For the full use of the products and services provided by Keep, you are required to register the account provided by Keep. You are responsible for the authenticity, legality, validity and completeness of the information provided when you register the Keep account. You are responsible to maintain and update your personal information in a timely manner to ensure the authenticity, legality and validity of the information.
5.3 Keep specifically remind you to protect your account and password and do not disclose the account number and password to others. You are responsible for keeping your account and password confidential and responsible for all activities that occur under your account and password (including but not limited to, information disclosure, information dissemination, online Click Approval or submission of various rule agreements, online renewal agreements or purchase services, etc.). Keep cannot and will not be liable for any loss incurred as a result of your failure to comply with the provisions of this agreement. If you find any unauthorized use of your account and password, you must immediately notify keep. You can send an email email@example.com present your request. You must understand and agree that Keep shall take reasonable time to act upon your request and Keep not be liable for any adverse consequences that have been incurred prior to taking action.
5.4 You can set a nickname on the account, you set the nickname shall not infringe or suspected infringement of the legitimate rights and interests of others. If the nickname you set is alleged to infringe upon the lawful rights and interests of others, Keep has the right to terminate some or all services. You will bear any loss and adverse consequences arising from it.
5.5 You agree to authorize the Keep operator to use the information for the following reasons:
5.5.1 Perform software verification and upgrade service;
5.5.2 Improve your security or provide customer support;
5.5.3 When providing specific services at your special request, it is necessary to provide the information to Keep or third parties or other users associated with it;
5.5.4 The use of various private privacy data for commercial purposes, including but not limited to providing value-added services, advertising, positioning advertising, marketing, joint registration, promotional or other activities to third parties;
5.5.5 At the request of the judicial or the Government authorizations;
5.5.6 To improve the user experience;
5.5.7 Other circumstances which benefit the users and Keep, and do not violate any mandatory laws and regulations.
VI. USER’S INSTRUCTION
6.1 You agree to use Keep products and services in compliance with the following provisions:
6.1.1 All acts carried out in accordance with local laws, regulations and Keep’s rules and requirements, not contrary to social public interest or public morals, not to harm the legitimate rights and interests of others, do not violate the relevant rules of this agreement.
6.1.2 Unless otherwise agreed by you and Keep, you shall not make commercial use of any data/information in the Keep, including but not limited to the use of all information or courses displayed in keep in any manner, such as reproduction and dissemination, without the prior written consent of Keep.
6.1.3 Not using any device, software or program to intervene or attempt to intervene in the normal operation of Keep or any transactions or activities being carried out on the Keep.
6.1.4 Except as otherwise mandated by law, no individual or organization may in any way illegally in all or part copy, reprint, quote, link, crawl or otherwise use the contents of the Keep product without express special written permission by Keep.
6.2 You fully understand and agree:
6.2.1 If you violate the foregoing undertakings and produces any legal consequences, you shall bear all the legal liability independently in your own name, and ensure that Keep is free from any loss or additional costs incurred.
6.2.2 If you violate the law or the provisions of this agreement to cause Keep to be claimed by the third party, you shall pay all the costs to Keep (including but not limited to compensation, attorney fees and other reasonable expenses for this purpose).
7.1 You understand and agree that the use of Keep may encounter force majeure and other risk factors to cause interruption or delay. Keep will strive to repair products and services. However, Keep is exempted for such damage caused according to local laws.
7.2 Within the scope of law, Keep is not liable for termination of service or obstruction caused by the following circumstances:
7.2.1 Be damaged by computer virus, Trojan horse or other malicious program and hacker attack;
7.2.2 User’s computer software, system, hardware and communication lines fail;
7.2.3 Improper operation of users;
7.2.4 Use of the service is in a way without Keep’s authorization;
7.2.5 Others that cannot control or reasonably foresee.
7.3 You understand and agree that in the use of Keep products and services may encounter network information or the risks and damage by other users. Keep is not responsible to the authenticity, applicability, legality of such risks and damages. These risks and damages include but are not limited to:
7.3.1 Information that contains threats or defamation from anonymous or false impersonation;
7.3.2 Any psychological, physical or financial damage caused because of other user’s misleading.
7.4 Keep has the right to deal with unlawful content, product or service according to this agreement, but the right does not constitute Keep obligations and undertakings. Keep does not guarantee timely discovery and make corresponding treatment.
7.5 For individual product operators through Keep, the individual product operators is responsible to all the duties and obligations.
VIII. SUSPENSION, ALTER OR TERMINATION
8.1 You should lawfully use products and services, otherwise, Keep has the right to take the following measures:
8.1.1 Suspending or restricting your right to use Keep and its products and services, including but not limited to restricting your full or partly use of its functions;
8.1.2 Terminate your right to use Keep.
8.2 Keep has the right to suspend, alter, terminate its products or part of its functions in accordance with the development, and to decide whether or not to provide certain products and services in Keep. Keep does not have an obligation to notify you about the foregoing information.
8.3 Unless stipulated by the local law, you have the responsibility to back up the data stored in Keep. When your service is terminated, Keep operator has the right to permanently delete all relevant data of you from the server, and does not have the obligation to return or in any form provide to you.
9.1 We Offer In-App Purchases within Keep Trainer App with the selection of Monthly subscription (Workouts for All Levels) and Yearly Subscription (Get Your Personal Coach).
9.2 The subscription costs $8.99 per month or $49.99 per year (The price is for US customers and prices may vary by location).
9.3 Payment will be charged to iTunes Account / Google Play Account at confirmation of purchase.
9.4 The subscriptions are automatically renewed unless turned off at least 24-hours before the end of the current period.
9.5 Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.
9.6 A 3-day Free Trial and 7-day Free Trial may be offered with the Monthly Subscription and Yearly Subscription. If you do not cancel the subscription before those 3 days or 7 days is up, the monthly/Yearly subscription will auto renew and you will be charged.
9.7 Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase.
9.8 Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication.
9.9 We reserve the right, at our sole discretion, to modify or adjust current and future pricing models for the use of our service, at any time.
X. Refund Policy
10.1 All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. The service and your rights to use it expire at the end of paid period of your subscription. The only way to receive a refund for such purchases is to contact Apple.
10.2 Please be noted that automatic renewal of the service might occur for in-app purchases made through App Store and Google Play Store. In such case, refunds will not be issued. Users are responsible for canceling future renewals at the relevant APP market.
XI. APPLICABLE LAW AND DISPUTE RESOLUTION
11.1 This agreement is signed in Dongcheng, Beijing, People’s Republic of China.
11.2 The establishment, performance, interpretation and dispute settlement of this agreement shall apply to the laws of the PRC mainland region (excluding conflict of laws).
11.3 If any dispute or dispute arises between you and Keep, you may choose to negotiate with us, or you agree to submit the dispute to the Beijing Arbitration Commission located in Beijing. The arbitration shall be final and binding on both parties.
12.1 If any terms in this agreement are invalid or not enforceable for any reason, it shall not affect the binding force of the remaining provisions.
12.2 The title of the terms of this agreement is provided for readability only and shall not be construed as a basis for interpreting the terms of this agreement.