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Introduction

Last Updated: June 8, 2022 MANDATORY BINDING ARBITATION THIS KEEPSOLID, INC END USER AGREEMENT CONTAINS A LEGALLY BINDING MANDATORY ARBITRATION AND WAIVER OF JURY TRIALS AND CLASS ACTIONS PROVISION GOVERNING DISPUTES ARISING FROM YOUR USE OF KEEPSOLID, INC ’S SERVICES THIS PROVISION AFFECT YOUR LEGAL RIGHTS AS DETAILED IN SECTION 14 BELOW PLEASE REVIEW THIS PROVISION CAREFULLY BEFORE AGREEING TO BE LEGALLY BOUND BY THIS AGREEMENT

This KeepSolid, Inc End User Agreement, and any addenda, order forms, exhibits, schedules, appendices, and amendments thereto and incorporated herein (collectively, “Agreement”) is a legally binding agreement between you, the end user of KeepSolid, Inc ’s websites, mobile and other applications, products, services, software, and accompanying documentation (each, a “Service,” collectively, “Services”) and any entity that you represent (“you,” “your”), and KeepSolid, Inc and its affiliates (“KeepSolid,” “we,” “our,” or “us”)

CONTACTING KEEPSOLID Please direct all notices, questions, and/or concerns related to the Services and/or this Agreement to support@keepsolid com

BY ACTIVATING, USING, AND/OR ACCESSING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE, OR THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION (IF DIFFERENT THAN 18), AND YOU HAVE THE RIGHT AND AUTHORITY TO ENTER INTO LEGALLY-BINDING AGREEMENTS ON YOUR OWN BEHALF, AND YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST NOT ACTIVATE, USE, AND/OR ACCESS THE SERVICES

Certain Services have the following additional Agreement addenda (“Addenda”), which cover the terms and conditions applicable to your use of such Services Other KeepSolid policies listed below also constitute Addenda These Addenda are incorporated into and are made a part of this Agreement by this reference In case of any direct conflict between the terms of an Addendum and this Agreement, unless expressly otherwise indicated in this Agreement, the terms of the Addendum shall govern with respect to the Service(s) covered by the Addendum *KeepSolid Sign is an easy, time-saving, and secure electronic signature software available for all major platforms (Mac, Windows, iOS, Android and browsers). Our app allows you to esign, send any documents and collect signatures in minutes. Simply import document to the app, add your signature, assign signers and send it. We use a high-level encryption to make your sensitive data and documents inaccessible to any unauthorized parties. KeepSolid Sign is free to download and try for 14 days!

description
  • LIMITED LICENSE
  • Subject to the terms of this Agreement, KeepSolid grants to you a limited, revocable, non-exclusive, non-assignable, non-sublicensable, and non-transferable license, to access, display, and use the Services for: In the case of Services that we designate for corporate, commercial, or business use, by you for internal business purposes only and not for resale; In the case of all other Services, by a natural person for personal, noncommercial purposes use only
  • In the case of Services that we designate for corporate, commercial, or business use, by you for internal business purposes only and not for resale;
  • In the case of all other Services, by a natural person for personal, noncommercial purposes use only
  • LICENSE RESTRICTIONS
  • Unless otherwise indicated in the applicable Addendum, the license granted to you under this Agreement is limited to a single authorized account to access, display, and use the Services on a single authorized device
  • You may not resell or distribute the Services, in whole or in part, by any means
  • No license is granted to you in the human readable code or source code of the Services
  • You may not make any modifications to, or unauthorized copies of, the Services
  • You may not edit, alter, abridge or otherwise change in any manner the content of the Services, including, without limitation, all copyright and proprietary rights notices
  • You may not, and may not permit others to: reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from, the Services; modify, translate, adapt, alter, or create derivative works from the Services; copy (other than one back-up copy), distribute, publicly display, transmit, sell, rent, lease or otherwise exploit the Services; or distribute, sublicense, rent, lease, loan, or grant access to or use of, the Services to any third party
  • These License Restrictions are in addition to the Use Restrictions contained in Section 6
  • reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from, the Services;
  • modify, translate, adapt, alter, or create derivative works from the Services;
  • copy (other than one back-up copy), distribute, publicly display, transmit, sell, rent, lease or otherwise exploit the Services; or
  • distribute, sublicense, rent, lease, loan, or grant access to or use of, the Services to any third party

These License Restrictions are in addition to the Use Restrictions contained in Section 6

  • UPDATES
  • You acknowledge and agree that KeepSolid may from time to time, in KeepSolid’s sole discretion, cause the Services to download and install updates, which may take the form bug fixes, patches, additional features, or new versions of the Services
  • You will allow the Services to download and install such updates
  • If you fail to allow the Services to download and install such updates, the Services may not function as intended and/or not function at all
  • We may choose, in our sole discretion, to not provide support for a Service until all updates have been downloaded and installed
  • You agree that KeepSolid has no obligation to make any updates available to you

KeepSolid may modify this Agreement at any time for any reason, including, without limitation, in order to reflect changes to applicable law or changes to our Services You should review this Agreement regularly We will indicate that changes to this Agreement have been made by updating the date indicated after “Last Updated:” at the beginning of this Agreement If you do not accept any of the modifications made to this Agreement, your sole and exclusive remedy is to terminate your use of the Services Notwithstanding the terms of any Refund Policy applicable to a Service and subject to the terms of this section, if you choose to terminate your use of the Services due to our modification of this Agreement, we will refund, on a pro-rata basis, any unearned pre-paid Fee (as defined in Section 3) that you paid for the Services For example, if you pre-paid the Fee for a 30-day month for one of our Services, and on the 15th of the month you notify us that you are terminating your use of the Service due to a modification to this Agreement, we will refund to you half of the pre-paid unearned Fee representing the remainder of the month We will not refund any unearned pre-paid Fee if you have breached this Agreement By continuing to use or access the Services after the modifications are in effect for thirty (30) days, you are deemed to be bound by the modified Agreement and you will have no right to any refund under this section

3. FEES AND REFUND POLICY

  • FEES
  • You shall pay all fees charged by KeepSolid for each of the Services (“Fees”) in effect at the time in accordance with the relevant pricing plan (“Pricing Plan”)
  • You may review our current Pricing Plan by viewing the Addenda for the relevant Services or the page of our website containing the most current Pricing Plan for the relevant Services
  • We generally charge Fees on a pre-paid subscription basis, but we may, in our sole discretion, change our Fees and/or Fee structure at any time by updating the Pricing Plans
  • We may take steps to collect the Fees from you
  • You will pay our reasonable out-of-pocket collection costs and expenses, including, without limitation, attorney’s fees
  • PAYMENT
  • You will pay the applicable Fee via a third-party payment processors’ method of payment
  • We currently use the following methods of payment: for iOS devices – Apple iTunes In-App Purchase; for macOS devices – Apple Mac Store, Amazon, or PayPal; and for Windows devices – Amazon, PayPal, Stripe, or Paymentwall
  • If we have notice that any Fee payment is not processed for any reason, we will notify you via email address that we have on file for you; your access to the applicable Services will be suspended until we receive payment of the applicable Fees
  • for iOS devices – Apple iTunes In-App Purchase;
  • for macOS devices – Apple Mac Store, Amazon, or PayPal; and
  • for Windows devices – Amazon, PayPal, Stripe, or Paymentwall

If we have notice that any Fee payment is not processed for any reason, we will notify you via email address that we have on file for you; your access to the applicable Services will be suspended until we receive payment of the applicable Fees

  • FREE TRIALS; REFUNDS; DISCOUNTS
  • We may offer temporary free trial or beta versions for all or some of the Services
  • Free trial versions of the Services may not contain full functionality and may have certain features disabled
  • Our free trials are generally for a period of seven (7) days, but we may, in our sole discretion, cease offering, or lengthen or shorten, free trials at any time
  • A beta version does not represent the final product and may contain bugs
  • We may, in our sole discretion, collect the applicable subscription Fee from you at the beginning or at the end of the free trial period
  • Subject to the terms and conditions of this Agreement, we also offer a refund for a period of thirty (30) days after your initiation of a Service subscription for all subscriptions
  • For clarity: (i) for non-recurring subscriptions, we offer a refund for a period of thirty (30) days after you subscribe for the particular Service subscription (and pay the applicable Fee); and (ii) for recurring subscriptions, we offer a refund for a period of thirty (30) days after you first subscribe for the particular recurring Service subscription (and pay the applicable recurring Fee for the first time)
  • This means that any and all subsequent payments of a recurring subscription Fee are not eligible for a refund
  • For example: You subscribe for a monthly recurring Service subscription, for which you pay your first applicable Fee on October 1
  • You are eligible to receive a refund of your first applicable Fee through October 31
  • On November 1, you pay your second applicable Fee for the monthly recurring Service subscription
  • You are not eligible to receive a refund of your second applicable Fee at any time
  • You can claim your refund from third-party payment processors as follows: Apple In-App Purchase refunds can be claimed at (https://expresslane
  • apple
  • com) or a successor website; Google Play Store In-App Purchase refunds can be claimed at (https://support
  • google
  • com/googleplay/contact/play_request_refund_apps) or a successor website; Amazon purchase refunds can be claimed at (http://www
  • amazon
  • com/gp/css/returns/homepage) or a successor website; Microsoft Store In-App Purchase refunds can be claimed at (https://account
  • microsoft
  • com) or a successor website; In our experience, it can take up to ten (10) days after cancellation to receive a refund
  • KeepSolid does not control, and is not responsible for, the third-party payment processors’ refund process
  • In certain cases, we may not be able to refund the applicable Fee via the same third-party payment processor used to pay us such Fee
  • In such cases, you will work with us to process the refund of the applicable Fee by other means
  • In our sole discretion, at any time and for any term, we may make available certain promotions, offers, and/or discounts (each, a “Promotion,” collectively, “Promotions”) on any of our Services
  • You may not assign, exchange, sell, transfer, combine with any other Promotion, or redeem for cash or other goods and services any promotion
  • Our Promotions are void where prohibited or otherwise restricted by law
  • We may offer or discontinue offering any Promotion at any time in our sole discretion

Subject to the terms and conditions of this Agreement, we also offer a refund for a period of thirty (30) days after your initiation of a Service subscription for all subscriptions

For clarity: (i) for non-recurring subscriptions, we offer a refund for a period of thirty (30) days after you subscribe for the particular Service subscription (and pay the applicable Fee); and (ii) for recurring subscriptions, we offer a refund for a period of thirty (30) days after you first subscribe for the particular recurring Service subscription (and pay the applicable recurring Fee for the first time) This means that any and all subsequent payments of a recurring subscription Fee are not eligible for a refund For example: You subscribe for a monthly recurring Service subscription, for which you pay your first applicable Fee on October 1 You are eligible to receive a refund of your first applicable Fee through October 31 On November 1, you pay your second applicable Fee for the monthly recurring Service subscription You are not eligible to receive a refund of your second applicable Fee at any time

You can claim your refund from third-party payment processors as follows:

  • Apple In-App Purchase refunds can be claimed at (https://expresslane
  • apple
  • com) or a successor website;
  • Google Play Store In-App Purchase refunds can be claimed at (https://support
  • google
  • com/googleplay/contact/play_request_refund_apps) or a successor website;
  • Amazon purchase refunds can be claimed at (http://www
  • amazon
  • com/gp/css/returns/homepage) or a successor website;
  • Microsoft Store In-App Purchase refunds can be claimed at (https://account
  • microsoft
  • com) or a successor website; In our experience, it can take up to ten (10) days after cancellation to receive a refund KeepSolid does not control, and is not responsible for, the third-party payment processors’ refund process In certain cases, we may not be able to refund the applicable Fee via the same third-party payment processor used to pay us such Fee In such cases, you will work with us to process the refund of the applicable Fee by other means

In our sole discretion, at any time and for any term, we may make available certain promotions, offers, and/or discounts (each, a “Promotion,” collectively, “Promotions”) on any of our Services You may not assign, exchange, sell, transfer, combine with any other Promotion, or redeem for cash or other goods and services any promotion Our Promotions are void where prohibited or otherwise restricted by law We may offer or discontinue offering any Promotion at any time in our sole discretion

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