KeyPen Up Terms of Service

Effective Date: June 2026

These Terms of Service ("Terms") govern your access to and use of the KeyPen Up mobile application, website, and related services (collectively, the "Services").

By downloading, accessing, creating an account, or using KeyPen Up, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

1. Eligibility

You must be at least 13 years old to use KeyPen Up.

If you are under the age of majority in your jurisdiction, you represent that you have permission from a parent or legal guardian to use the Services.

By using the Services, you represent and warrant that you have the legal capacity to enter into this agreement.

2. Account Registration

Certain features may require you to create an account.

You agree to:

  • Provide accurate and complete information.
  • Keep your login credentials secure.
  • Maintain the confidentiality of your account.
  • Notify us immediately of any unauthorized access.
  • Accept responsibility for activities occurring under your account.

We reserve the right to suspend or terminate accounts that contain false information or violate these Terms.

3. License to Use the Services

Subject to these Terms, KeyPen Up grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purposes.

This license does not grant ownership rights to any part of the Services.

4. Acceptable Use

You agree not to:

  • Violate any applicable laws or regulations.
  • Upload unlawful, defamatory, abusive, or harmful content.
  • Harass, threaten, or intimidate other users.
  • Impersonate another person or organization.
  • Attempt to gain unauthorized access to systems or accounts.
  • Interfere with the operation or security of the Services.
  • Upload malicious code, malware, viruses, or harmful software.
  • Use the Services for fraudulent or deceptive purposes.

Violation of these rules may result in immediate suspension or termination.

5. User Content

You retain ownership of content you create, upload, submit, or store within KeyPen Up.

By submitting content, you grant KeyPen Up a worldwide, non-exclusive, royalty-free license to store, process, display, reproduce, and transmit your content solely for the purpose of operating and improving the Services.

You represent that:

  • You own or have permission to use the content.
  • Your content does not violate any laws or third-party rights.
  • Your content does not contain malicious code or harmful materials.

6. Intellectual Property

The Services, including all software, technology, graphics, logos, trademarks, designs, text, and other materials, are owned by KeyPen Up or its licensors and are protected by intellectual property laws.

Except as expressly authorized, you may not copy, modify, reverse engineer, distribute, sell, lease, license, or create derivative works from any portion of the Services.

All rights not expressly granted are reserved.

7. Subscriptions and Payments

Certain features may require payment or subscription access.

If applicable:

  • Pricing will be disclosed before purchase.
  • Payments are processed through authorized third-party providers.
  • Subscriptions automatically renew unless canceled before renewal.
  • Refunds are subject to applicable laws and platform policies, including Apple App Store and Google Play policies.

We reserve the right to modify pricing with reasonable notice.

8. Account Termination

You may stop using the Services at any time and may request account deletion through the methods described in our Privacy Policy.

We may suspend or terminate your account if:

  • You violate these Terms.
  • We suspect fraud, abuse, or unlawful activity.
  • We are required by law.
  • Continued access poses risk to the Services or other users.

Upon termination, your right to access and use the Services immediately ceases.

9. Availability of Services

We strive to provide reliable access but do not guarantee uninterrupted operation.

We may update features, modify functionality, perform maintenance, suspend portions of the Services, or discontinue the Services at any time without liability.

10. Third-Party Services

The Services may include links to or integrations with third-party services.

We do not control third-party services and are not responsible for their content, privacy practices, availability, or actions. Your use of third-party services is governed by their own terms and policies.

11. Privacy

Your use of KeyPen Up is subject to our Privacy Policy, which explains how we collect, use, and protect information.

By using the Services, you consent to our data practices as described in the Privacy Policy.

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEYPEN UP DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, AND AVAILABILITY.

WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR COMPLETELY SECURE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEYPEN UP SHALL NOT BE LIABLE FOR INDIRECT DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO KEYPEN UP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100 USD).

14. Indemnification

You agree to defend, indemnify, and hold harmless KeyPen Up, its owners, employees, contractors, affiliates, and service providers from any claims, damages, liabilities, losses, costs, and expenses arising from:

  • Your use of the Services.
  • Your violation of these Terms.
  • Your violation of any law.
  • Your infringement of third-party rights.

15. Changes to These Terms

We may update these Terms from time to time. Updated Terms will become effective upon posting within the Services or on our website. Your continued use of the Services after updates constitutes acceptance of the revised Terms.

16. Governing Law

These Terms shall be governed by and interpreted under the laws of the State of Florida, United States, without regard to conflict-of-law principles.

Any dispute arising under these Terms shall be resolved exclusively in the state or federal courts located in Florida.

17. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and KeyPen Up regarding your use of the Services.

19. Contact Information

If you have questions regarding these Terms, please contact:

KeyPen Up Support

support@keypenup.com

Last Updated: June 2026