TERMS OF USE

Date of Last Revision: January 2022

Welcome and thank you for using the Key2enable platform (the “Site”), by Key2enable Assistive Technology Inc. (the “Company”). These terms and conditions of use, and any additional terms incorporated by reference herein, including but not limited to, the Privacy Policy (collectively, the “Terms”), govern the Company’s relationship with you in relation to the Site, so please read them carefully. The terms “we,” “our” and “Key2enable” refer to the Company. The terms “you”, “your” and “User” refer to the user, whether a member of the Site, or a visitor.

BY REGISTERING FOR, ACCESSING, AND/OR OTHERWISE USING THE SITE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING ANY FUTURE MODIFICATIONS, AND ALL POLICIES OF THE SITE ARE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE – AND ARE NOT AUTHORIZED TO USE – THE SITE.

Despite the above, if you have entered a client relationship with Company or any company affiliated with Company pursuant to an executed engagement letter, the terms of that engagement letter will govern in the event of a conflict with these Terms.

WITHOUT LIMITATION OF ANY OTHER PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THE SITE MAY BE TERMINATED IMMEDIATELY IN COMPANY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH THESE TERMS OR ANY ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

You are responsible for all compliance with laws and regulations which apply to you.

1. GENERAL

Our products description.

Key2enable is a startup that is building a new way to teach children with motor, intellectual, and physical disabilities using in-house developed Assistive Technology. Through our main tool, the Key-x, Key2enable’s keyboard and mouse, brings digital accessibility by providing innovative tools, which together with our educational platform, allows them to efficiently use computers and mobile devices for communicating, learning, gaming, and ultimately live with greater autonomy.

You understand and agree that these Terms are entered into in consideration of your use of the Site and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.

Changes to these Terms.

The Site is owned and operated by Company. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time and without prior notice to you other than by posting the revised Terms on the Site. Such modifications shall be effective immediately upon posting. The Terms will be identified as of the most recent date of revision. You should visit this page regularly to ensure your continued acceptance of these Terms. By using the Site after we have posted notice of such modifications, alterations or updates, you agree to be bound by such revised Terms.

Age requirement.

You represent that you are over the age of 18. Company does not target our content to children or teenagers under 18, and we do not permit any Users under 18 on our Site.

2. REGISTRATION AND PASSWORD

When you register with or log into this Site, you will need to use an email and password. You are solely responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses and activities that occur under your password, regardless of whether they are authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password. The Company shall not be liable for any loss or damage arising from an unauthorized use of your registration or password.

3. USER INFORMATION

You will be required as part of your registration for the Site to provide the Company with certain information about yourself, including, without limitation, a valid e-mail address (your “Information”). In addition to the terms of any privacy policy posted on the Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration Site.

The Company may gather information and statistics collectively about all Users of this Site which may include the information supplied by you which shall help the Company understand the Users. All data shall be in aggregate form only and is intended to help the Company determine what is most beneficial for the Users and how to continually improve the Company’s online service. The Company may share this kind of aggregate data with selected third parties to assist with these purposes. Personal data is processed by the Company in accordance with its Company in accordance with its Privacy Policy.

Please be aware that we collect and process information about the device you use to access Company to prevent fraud and you acknowledge that we may use third parties (and information they provide) to help us prevent fraud or unauthorized access to our Site. Fraudulent users will be prosecuted to the fullest extent of the law.

4. OWNERSHIP AND PRESERVATION OF YOUR DOCUMENT

Company does not claim ownership of any documents you either create or upload and store using our Site (“Documents“). You grant permission for Company to use your Documents in connection with providing services to you.

You acknowledge and agree that Company may preserve these Documents as well as disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following: (1) to comply with legal process, applicable laws or government requests; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; or (4) to protect the rights, property, or personal safety of Company, its users and the public. You agree that Company has no responsibility or liability for deleting or failing to store any content maintained or uploaded by the Site.

5. CONSENT TO RECEIVE E-MAILS

By creating an account, you agree that you may receive communications from Company, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the “unsubscribe” link in the footer of the actual e-mail.

6. LINKS TO OTHER SITES

The Site contains links or other connections to third party sites. The Company provides these links only as a convenience to you and does not endorse, and is not responsible for, the contents on such linked sites.

Further, the Company is not responsible for any viruses’ accesses through said third-party. If you decide to access linked third party websites, you do so at your own risk.

7. DISCLAIMERS

The Site may contain inaccuracies or typographical errors. The Company makes no representations about the truthfulness, accuracy, reliability, completeness, or timeliness of the Site or any of its content or any material posted by users. The use of the Site and any reliance on material posted by other users is at your own risk. Changes are periodically made to the Site and may be made at any time.

THE COMPANY HAS NO CONTROL OVER THE INTERNET. HENCE, THE COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER (OR ANY SOFTWARES AND MATERIALS ACCESSIBLE THROUGH THE SITE) ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

THE SITE AND ANY OF ITS CONTENTS AND SERVICES ARE PROVIDED IN ACCORDANCE WITH BASIS AVAILABLE WITHOUT ANY KIND OF WARRANTY. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE MAKES, NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OR INABILITY TO USE THE SITE (OR ANY LINKED SITES) AND THE MATERIAL OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY. IF THIS LIMITATION OR LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE COMPANY’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO USD 100 PER OCCURRENCE.

Whilst we take steps to prevent misuse of our systems, we cannot warrant that Company will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. We recommend that you always use up-to-date firewalls and anti-malware software to protect your equipment and data.

8. NO CONFIDENTIALITY

Unless you are an existing client of Company, you agree that any communications you initiate with Company (including affiliated with Company) through the Site (or otherwise, such as through email, telephone, voicemail, text message, direct message, or any other communication) will not be treated as confidential unless explicitly and specifically indicated otherwise. Unless you are an existing client of Company, you should not communicate any information that is confidential, proprietary, or otherwise sensitive, and Company makes no guarantees or warranties with respect to the security, confidentiality, use, disclosure, or return of any disclosure, or return of any information we receive.

9. INTELLECTUAL PROPERTY RIGHTS

This Site contains material which is owned by or licensed to the Company. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms.

The Company authorizes you to view and download a single copy of the material on the Site solely for your personal, non commercial use. This license to use the Site and its material is not a sale of any of the owner’s rights. The Site may be used only by you, and you may not rent, lease, lend, sub-license or transfer the Site or any data residing on it or any of your rights under these Terms to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Site. You may not transfer to or store any data residing or exchanged over the Site to any electronic network for use by more than one user unless you obtain prior written permission from the Company.

The foregoing provisions apply equally to and are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

10. DATA PROTECTION

The Company does not sell, trade, or rent your information to others. Your data will be added to the Company database to process your request and so that you can be kept up to date with relevant details of updating our trainings, tools and services, and associated companies. From time to time, the Company holds joint events with selected partners. If you book to attend one of these events, your data will be made available to the event partner. To opt out of receiving any communications from the Company and/or the event partner, please notify us. [insert hyperlink to [email protected]]

11. USER CONDUCT

You agree that you will not use the Site or our Social Media pages for any illegal purpose. In addition, you agree that:

• You will not harvest, collect or otherwise use contact information made available on the Site or our Social Media for the purpose of sending unsolicited improper communications, including without limitation, unsolicited bulk email (collectively, spam) and that you will not use any Company communications facility to deliver or attempt to deliver spam.
• You will not attempt to gain unauthorized access to the Site or our Social Media, any related website, other accounts, computer system, or networks connected to the Site, through hacking, password mining, or any other means.
• You will not circumvent or attempt to circumvent any security or access control technology implemented on the Site or our Social Media, or the servers and network associated with the Site.
• You will not use the Site in any manner designed to degrade the performance or functioning of the Site, including, without limitation, launching Denial-of-Service (DoS) attacks against the Site.

While you use the Site, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained through your use of the Site. In addition, whether or not you have a commercial purpose, you agree not to:

• access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Company or deep- link to any feature or content on the Site;
• violate the restrictions in any robot exclusion headers or bypass or circumvent other measures employed to prevent or limit access to the Site;
• take any action that imposes, or may impose, in the discretion of Company, an unreasonable or disproportionately large load on the Company’s infrastructure;
• deliver any unlawful (according to local or international law or regulation) postings to or through the Site, or any postings which advocate illegal activity;
• deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
• deliver or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals, including Company’s employees, on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
• deliver or provide links to, any postings containing defamatory, false or libelous material;
• deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
• deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships;
• impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
• restrict, discourage or inhibit any person from using the Site, disclose personal information about a third person on the Site or obtained from the Site without the consent of such person or collect information about Users;
• manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
• use the Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Site or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment or otherwise attempt to use or access any portion of the Site other than as intended the Site other than as intended by Company;
• obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site, including harvesting or otherwise collecting information about others such as email addresses, names or personally identifiable information;
• reproduce, distribute, publicly display, publicly perform, sell, trade, resell or exploit any portion of the Site, use of the Site, access to the Site or content obtained through the Site, for any purpose other than expressly permitted by these Terms; or
• assist or permit any persons in engaging in any of the activities described above.

12. TERMINATION AND EQUITABLE RELIEF

In the event of any breach by you of these Terms or if the Company is unable to verify or authenticate any information you submit, the Company may, at its sole discretion, pursue all of its legal remedies, including, but not limited to, deletion of your postings from the Site and/or immediate termination of your registration or ability to access the Site or any other service provided to you by the Company. The Company shall have the right to terminate your ability to access the Site at any time without notice and to discontinue or modify any of the information contained on the Site, or the Site itself, at any time. Given the nature of these Terms, you understand and agree that, in addition to money damages, the Company shall be entitled to equitable relief upon a breach of them by you.

13. WAIVER, SEVERABILITY, AND ASSIGNMENT

Company failure to enforce a provision of the terms shall not be considered a waiver of its right to do so later. If any provision of these terms is found unenforceable, the remaining provisions of the terms remain in full effect. The provisions of these Terms will survive the termination of these Terms. You may not assign any of your rights under these terms, and any attempt to do so will be void. Company may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the services that Company provides.

14. MISCELLANEOUS

Validity of Terms and Conditions.

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that the fact that these Terms are in electronic form does not affect in any way their validity or enforceability. You also agree that the clicking of the button “Accept” on the Site constitutes your valid and legal signature.

Force Majeure.

Neither party shall be liable for any delay or failure in performance to the extent the delay or failure is caused by events beyond the caused by events beyond the party’s reasonable control, including, a significant failure of the Internet, fire, flood, acts of God, explosion, war or the engagement of hostilities, strike, embargo, labor dispute, government requirement, civil disturbances, or civil or military authority.

No Agency.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms or use of the Site. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.

Dispute Resolution.

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it amicably. You may send us the details of your concern to [email protected] However, if Company is not able to informally resolve your complaint, you and Company agree to individual binding arbitration before the International Court of Arbitration of the International Chamber of Commerce (“ICC”) and you and Company agree that your dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said rules.

You and Company are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of these Terms and the termination of your Company’s account.

YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, no arbitrator shall consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.

Any arbitration must be commenced by filing a demand for arbitration with the ICC within ONE (1) YEAR from when it first could be filed. Otherwise, it is permanently barred. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

In the event that arbitration is found to be inapplicable or unenforceable for any reason, the claim at issue will be brought under judicial proceedings in the courts of United Arab Emirates and you and Company consent to personal jurisdiction and exclusive venue in such courts.

These Terms, as amended, will be effective commencing with your first use, pre-registration or registration of the Site and will remain in full force and effect throughout your use of the Site. Notwithstanding any of these Terms, Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your access to and use of the Site. Company reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Site for any reason, Company will follow the GDPR prescription regarding any personal data you stored or effected via the Site.

You are free to terminate your use of the Site at any time. You can simply choose to stop visiting or using any aspect of the Site. If you wish to terminate your account on the Site, you may do so by sending an email to [email protected] or using any other account termination functionality that may be offered through the Site.

Entire Agreement.

These Terms constitute the entire agreement between you and Company with respect to the subject matter of these Terms, and supersede and replace any prior version of the Terms. These Terms create no third party beneficiary rights.

Questions and Contact Information.

If you have any question regarding the use of the Site, please send your requests or comments about the Site or its contents to [email protected]

Disclaimer: if anything remains unclear or if you wish to understand more about how we protect your privacy and your interaction wait us, please proceed by contact us through our contact page found in the menu action.