Terms and Conditions

Last Revised: May 16th 2024

This Terms of Use Agreement (the "Agreement") is entered into by and between Keep Design System ("Company" "we" "us" or "our") and you, the user of Keep Design System ("User" or "you"). This Agreement sets forth the terms and conditions governing your use of Keep Design System's website, services, and products (collectively referred to as "Materials" or "Services").

1. Acceptance of Terms

By accessing or using our Materials, you agree to be bound by this Agreement and our Privacy Policy. If you do not agree to the terms and conditions of this Agreement, you must not use the Materials.

2. License Grant

2.1 Use License:

Subject to the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Materials for personal or commercial purposes.

2.2 Restrictions: You may not:

  • Modify or create derivative works of the Materials.
  • Sell, sublicense, rent, lease, or distribute the Materials.
  • Remove any proprietary notices or labels on the Materials.
  • Use the Materials in a way that could compete with or damage our business.

3. Intellectual Property

3.1 Ownership:

The Service/Product and its original content, features, and functionality are and will remain the exclusive property of Keep Design System. The Service/Products are protected by copyright, trademark, and other laws of the United States and foreign countries. This Agreement does not transfer any ownership rights to you.

3.2 Feedback:

If you provide any feedback, suggestions, or ideas regarding the Materials, you agree that we can use, modify, and incorporate such feedback without any obligation to you.

4. Payment and Refund

4.1 Payment:

If applicable, you agree to pay the fees associated with the purchase of the Materials. Payment terms and methods will be specified on our website or in a separate agreement.

4.2 Refund Policy:

We may offer a refund according to our refund policy, which will be communicated on our website. Please review our refund policy before making any purchase.

5. Links to Third-Party Websites

Our Website/Service may contain links to third-party websites or services that are not owned or controlled by Keep Design System. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Keep Design System shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

6. Termination

6.1 Termination by Company:

We reserve the right to terminate this Agreement and your access to the Materials at any time, with or without cause.

6.2 Effect of Termination:

Upon termination, you must cease all use of the Materials, and any licenses granted to you under this Agreement will be terminated. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

7. Indemnification

You agree to defend, indemnify, and hold harmless Keep Design System and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service/Product, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

8. Limitation of Liability

In no event shall Keep Design System, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

9. Disclaimer

Your use of the Service/Product is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Keep Design System and its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of [Country], without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service/Products, and supersede and replace any prior agreements we might have had between us regarding the Service.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service/Product after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service/Product.

12. Contact Information

If you have any questions or concerns about these terms, please contact us at hello@keepdesign.io.