KeyDates App End User Licence Agreement (EULA)
[Last updated December 2019]
https://keydates.com.au/ is made available by Milestones Technology Group Pty Ltd ABN 68 600 686 351 of Mitchelton, QLD 4053 Australia.
When you read words “KeyDates”, “us”, “our” or “we”, it means Milestones Technology Group Pty Ltd. The words “you”, “user” or “your” means you, the visitor to our online services. KeyDates online services include:
the KeyDates online services – https://keydates.com.au/
the KeyDates App available on the App Store
and our social media pages on Facebook @KeyDatesApp, Twitter @KeyDates, Instagram @KeyDates
We encourage you to carefully read and understand these terms and conditions before using our App. If you don’t agree, your remedy is to stop using our online services.
We may update our terms and conditions from time to time and the new provisions will apply from the date they are updated. We will endeavour to provide prior notice of changes to our social media followers and account holders.
Feedback, comments or complaints
If you have any questions regarding the KeyDates App, please contact us at firstname.lastname@example.org.
How it works
1. Setting up your KeyDates account
KeyDates is not designed to be used by persons under the age of 13 years.
KeyDates gives you with the convenience of creating and accessing your free account through a preferred App (Facebook or Google), by using your phone number or your email address.
Google and Facebook provide sign in technology to this App. KeyDates is not affiliated with Facebook or Google. We talk more about security and access to your data later.
At the end of the sign-up process you will be offered the opportunity to upgrade your access and subscribe for additional features through the Plus or Pro levels. Please check our online services https://keydates.com.au/ for information about features available to each level.
2. Licence to access KeyDates
Reference to KeyDates includes the App, content and all other proprietary rights.
You do not own a copy of the KeyDates.
KeyDates is provided for your personal, non-commercial use only. Upon completion of the sign-up process you are granted a personal, non-exclusive, non-transferrable, revocable licence to access the KeyDates features available at your account level on any iOS device that supports the KeyDates App (“Device”), that you own or control.
For iOS Devices, your use is limited to that permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions. https://www.apple.com/au/legal/internet-services/itunes/au/terms.html (the “Usage Rules”). This licence does not allow you to use the KeyDates App on any Device that you do not own or control.
This licence will govern any upgrades provided by KeyDates that replace and/or supplement the original KeyDates App, unless that upgrade is accompanied by a separate licence, in which case the terms of that licence will apply.
This licence is granted to you, is not transferrable to anyone else and is limited in accordance with these terms and conditions.
You will be able to access KeyDates on more than one device at a time.
Access to KeyDates is only available where your device IP address is located within an authorised country and will only be available via supported web browsers and supported iOS devices. Access will not be available on unsupported Apps or devices.
KeyDates is not currently available for Android devices.
3. Your responsibility
You must check whether your device supports the KeyDates prior to purchase. We are not responsible if your device or software is not compatible with KeyDates.
KeyDates requires download access for data storage and access. You are responsible for paying all expenses and costs of devices and software needed to connect to the internet, and for data downloads. You should check your data download limits with your internet or data service provider before using the App.
When using KeyDates you agree:
to keep your username and password secure and confidential and not to share your access with anyone else
to periodically change your password for improved security
not use any other person’s login details and
to immediately notify KeyDates of any unauthorized use of your password or other breach of security.
You remain solely liable and responsible for all activities that occur on your KeyDates account.
For continued access to your data, it is your responsibility to:
provide details you are able to remember when you set up your account
keep your contact details up to date
pay any subscription fees in full and on time.
4. Prohibited actions
You must not:
post any materials that you do not have permission, right or licence to use
post objectionable, offensive, unlawful, deceptive or harmful content
post personal, private or confidential information belonging to others without their permission
request personal information from a minor
impersonate or misrepresent your affiliation with another person, or entity
post or transmit spam, including but not limited to unsolicited or unauthorised advertising, promotional materials, or informational announcements
plan or engage in any illegal, fraudulent, or manipulative activity
use KeyDates for an unlawful or unauthorised purpose
retain, store, reproduce, republish, modify, adapt, translate, or prepare derivative works from KeyDates
sell, rent, lease, sub-licence, lend, assign, distribute or otherwise make it available to any third party
reverse engineer, decompile or disassemble KeyDates
attempt to circumvent or modify any technological measure affecting access to KeyDates
disrupt or attempt to disrupt it using a computer virus, malware or other program
use KeyDates in a manner that could damage, disable, overburden or impair or interfere with any party’s use and enjoyment of it
integrate or incorporate the whole or any part of KeyDates in any other software or system
remove, alter, obscure or deface any branding or proprietary rights notices (eg. © TM ®) of KeyDates
remove or alter any instruction, disclaimer, warning or advisory notice
do anything that would prejudice our right, title or interest in the KeyDates App or
authorise, allow or provide the means for others to do any of these things.
Any attempt to use KeyDates in the ways set out above is a violation of our rights. If you carry out a prohibited action you may be subject to prosecution and required to pay damages.
5. Cancelling your account
When you cancel your subscription through Apple, your KeyDates account will remain active till the end of the subscription period, then revert to a FREE account with the feature limitations that are applicable to that plan.
You may close your account at any time through the KeyDates App account settings.When you close your account, your data will be recoverable for a period of 30 days, after which time it will be securely and permanently destroyed.
KeyDates may in its sole discretion, suspend or cancel your KeyDates account at any time without notice if it believes you have failed to comply with these terms and conditions.
Your licence to access the Plus or Pro levels of KeyDates remains effective until your subscription expires, at which time your access will revert to a Free Plan.
The core features of KeyDates are provided free to users. You may choose to pay for access to additional features. To upgrade your access at any time, click on the ($) dollar symbol at the top left of the home screen and select your new subscription level and applicable costs.
All paid subscription levels are payable in United States dollars. Subscription fees will automatically renew. You will receive a notification before renewal. You can check and manage your subscription through your Apple ID account settings at any time. Please read the Apple Media Services Terms and Conditions for more information. https://www.apple.com/au/legal/internet-services/itunes/au/terms.html
Please choose your upgrade carefully. No refunds are payable if you change your mind about the upgrade you have purchased.
No refund is payable on the balance of any unused portion of your subscription upon cancellation.
Where sales tax applies, subscription fees are stated as inclusive of applicable sales tax, and exclusive of sales tax in all other cases.
7. Intellectual property
The name ‘KeyDates’ and our associated logo are trademarks of KeyDates, and all rights are reserved.
Intellectual Property Rights means all intellectual property rights whether registered or unregistered including:
copyright, patent, trademark, design, registered design, trademarks, trade or other protected rights, or related rights, existing worldwide; and
any licence, consent, application or right, to use or grant the use of, or apply for the registration of, any of the rights referred to above, whenever created.
You acknowledge that all Intellectual Property Rights in the KeyDates App and provided content, including video, audio, images, text, logos, names, designs, trademarks and copyright are the exclusive property of KeyDates, or have been licenced to KeyDates to be made available for access via KeyDates.
You retain all intellectual property rights in the information and data you upload to KeyDates and provide us with an irrevocable worldwide licence to use that data for the purpose of fulfilling the functions of the App.
8. Consent to use of data
You agree that KeyDates may collect and use the background technical data our system needs in order to ensure the KeyDates App functions on your device, including but not limited to technical information about your device, system and application software, and peripherals. This information may be gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the KeyDates App. KeyDates may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
9. Security and accessibility
We make every effort to maintain the security of our App. However, we do not guarantee the security of our systems, our records or your data. Your data will be stored in Singapore in cloud servers hosted by Digital Ocean. Please see Digital Ocean’s data security policies for more information. https://www.digitalocean.com/legal/data-security/
Continuous access to the KeyDates is dependent on third party services and requires network connectivity and location services to function. Poor signal quality due to your location or service provider may slow down or prevent audio, video and other functions from working at optimum speed, or at all. If you have concerns regarding the quality of your signal strength, please contact your network service provider directly.
Due to dependence on third party services, KeyDates may be inaccessible from time to time.
KeyDates disclaims all liability for any computer virus or technological problems that were not intentionally caused by us or are beyond our control. You are encouraged to install and maintain up-to-date security software on your devices.
We may update KeyDates at any time and notify you of changes. You may not have full accessibility if you do not download the latest updates.
10. Third Party services disclaimer
Any advertising content appearing on KeyDates is not associated with or endorsed by KeyDates. You should exercise discretion before making a purchase. For any questions or concerns regarding advertising content, please contact the advertiser directly.
Where you share any content from KeyDates to a third-party service, we have no responsibility for that data. You should refer to the terms and conditions of the third-party provider to find out how they may use that data.
11. Limitation of liability
To the maximum extent permitted by law, any terms that would otherwise be implied by legislation, common law, equity, trade, custom or usage are excluded, as is any liability for indirect or consequential loss arising in connection with the use of KeyDates.
Nothing in these terms and conditions is intended to exclude, restrict or modify any consumer guarantee, right or remedy conferred by the Australian Consumer Law, or any other applicable law that cannot be excluded, restricted or modified by agreement.
Where KeyDates’ liability cannot be lawfully excluded, it is limited at the option of KeyDates, to:
the resupplying of access to KeyDates consistent with your subscription package, or
the refund of the amounts paid by you for your subscription to access KeyDates.
The maximum aggregate liability of KeyDates for all proven losses, damages and claims arising out of or in connection with these terms and conditions, including liability for breach, in negligence or in tort or for any other common law or statutory action is limited to the sum of AU$100.
You agree that your access to and use of KeyDates will be at your sole risk.
You agree to indemnify and defend KeyDates from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) except to the extent that any wilful misconduct or negligent act or omission of KeyDates contributed to the loss, relating to:
any personal injury, death or damage to tangible property suffered by you or any third party in any way associated with your use of KeyDates
any claim by a third party arising out of your use of KeyDates
your unauthorised use of KeyDates or
your breach of KeyDates terms and conditions for online services.
Nothing in this agreement authorises you to defend, compromise or settle any claim or proceeding on behalf of KeyDates.
KeyDates makes no promises that:
you will have uninterrupted or error-free access to and use
the content of the KeyDates is accurate, complete, or suitable for a particular purpose
your internet or mobile service provider will allow you access to the KeyDates
you will be able to access KeyDates without having to pay additional download or other service fees
your device will support access to KeyDates.