By purchasing a Keyto Premium Subscription, you agree to the following terms and conditions, which supplement and form a part of the Keyto Terms and Conditions. Capitalized terms not defined here have the meaning given to them in the Keyto Terms and Conditions.
Premium Subscription Coverage and Billing Cycles
Premium Subscription Coverage. By purchasing Keyto Premium in connection with your purchase of a Keyto Breath Sensor (Premium Subscription), you will get full and unlimited access to all of Keyto’s available app features and content, on a single Keyto account as long as the Premium Subscription remains active. Keyto Premium Subscription can be purchased from Keyto or via the App Provider where the App is made available.
The account holder of the Premium Subscription will be the person who activated the Subscription on the device(s) or in the Apps to which the Subscription is attached (the “Subscription Holder”). All Subscriptions recur on an annual or monthly basis until they are cancelled in accordance with these Membership Terms. Billing occurs at the beginning of the Subscription cycle and provides access for one year or one month thereafter. By purchasing a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Keyto. To change or terminate your Subscription, go to your Account Settings at https://members.getkeyto.com/settings/subscription or contact Keyto Support at [email protected].
Prepaid Periods. You may be given the opportunity to prepay for a period of one or more months of your Subscription. At the conclusion of a prepaid period, unless you cancel prior to renewal, and to the extent permitted by applicable law, your Subscription will automatically continue on a month-to-month basis at the then-existing non-promotional price for your Premium Subscription level. Unless specified in writing, all discount offers that require a payment are non-refundable. Any free trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial; in this case, if you do not cancel before your free trial period ends, your account will be converted to a paid Subscription and will be charged in accordance with these Membership Terms.
Termination or Cancellation of Subscription
Cancellation of Subscription. If you terminate your Subscription, you may use your Subscription until the end of the then-current period and your Subscription will not be renewed after that period expires. However, you won’t be eligible for a prorated refund of any portion of the Subscription fee paid for the then-current Subscription period.
Suspension/Termination by Keyto. Keyto may terminate or suspend your account, and all or a portion of your Subscription, without notice if: (a) your payment is overdue (provided that we will use reasonable efforts to notify you of the overdue payment before we terminate or suspend); (b) you provide false or inaccurate information; (c) you violate these Membership Terms, the Terms of Service or any other Keyto rules or agreements then in effect; (d) you engage in conduct that is a violation of any applicable law or tariff (including, without limitation, copyright and intellectual property laws); or (e) if you engage in conduct that is threatening, abusive or harassing to Keyto employees, agents, or other Keyto users, including, for example, making threats to physically harm or damage property.
If we terminate or suspend your Subscription, your license to use any software or content provided in connection with the Subscription is also terminated or suspended (as applicable). If your Subscription is terminated, Keyto has the right to delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges up to and including the date of termination. Should you wish to resume your Subscription after any suspension, a restoration of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.
Amount to be Charged. Subscription Holders agree to pay the annual or monthly fee specified when you purchased your Subscription (plus any applicable taxes and other charges). If the amount to be charged varies from the amount you pre-authorized (other than due to the imposition of, or change in, applicable sales tax), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction, unless applicable law requires you to expressly consent to the change in price. Any agreement you have with your payment provider governs your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Your failure to terminate and/or continued use of your Subscription reaffirms that we are authorized to charge you for that Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.
Billing Authorization. You may be asked to provide a payment method (such as a credit or charge card number) that we accept in order to activate your Subscription, along with other payment information. You represent and warrant that you have the legal right to use all payment method(s) that you provide to us. Your authorizations in this section also apply to our payment processors and any other companies who act as billing agents for us. You hereby authorize us to charge your specified payment method on a monthly basis, in advance, for your Subscription(s) and/or to place a hold on your payment method with respect to any unpaid charges for your Subscription(s). You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Premium Subscription Terms shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Keyto, nor any Keyto agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Premium Subscription Terms.
Third-Party Payment Processors. You agree to pay us, through our payment processors or financing partners (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processors or financing partners to correct, any errors or mistakes even if payment has already been requested or received.
Last Updated: December 17, 2019
Keyto, Inc., 1015 Fillmore St. PMB 92845, San Francisco, CA 94115