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Terms Of Service


Please read these Platform Terms of Service (“Terms”) carefully. By accessing or using the Platform (defined below) or signing up for an account, you agree that you have reviewed and understood, and, as a condition of your access to or use of the Platform, you agree to be bound by these Terms, which are a legal agreement between you and Kea Solution Inc.


THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND KEA AGREE THAT ALL DISPUTES RELATING TO THESE TERMS OR YOUR USE OF OUR PRODUCT WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.


Let’s review a few definitions that should help you understand these Terms. Kea offers an online platform that allows you to create and host your online digital business (each, a “Site”, and collectively, “Sites”), to reach and manage your end users, customers, and subscribers (your “Customers”), and to create, send, and manage marketing campaigns (each a “Campaign,” and collectively, “Campaigns”), among other things. Our platform is operated by the Kea group of companies and is offered through our website, keabuilder.com, and any other website or mobile application owned, operated, or controlled by us (the “Kea Site,” and together with the insights, analytics, and other features we make available through our products and services, is collectively referred to as the “Platform” or “Product”). Any new features or tools added to the current offering will be deemed part of the Platform and subject to these Terms.


Kea provides an online platform, and the provided content explains key definitions related to the platform. Here's a breakdown:


  • Site(s):
    • Definition: An individual's online digital business on the Kea Platform.
    • Collective Term: "Sites" refers to all individual online businesses collectively.
  • Customers:
    • Definition: Refers to end users, customers, and subscribers managed by users of the Kea Platform.
  • Campaign(s):
    • Definition: Marketing campaigns created, sent, and managed through the Kea Platform.
    • Collective Term: "Campaigns" refers to all individual marketing campaigns collectively.
  • Platform:
    • Description: Kea's online platform allows users to create and host their digital businesses, manage customers and subscribers, and conduct marketing campaigns, among other features.
    • Operated By: The Kea platform is operated by Kea Solution Inc.
    • Accessed Through: The platform is accessible through the website keabuilder.com and any other website or mobile application owned, operated, or controlled by Kea.
    • Collective Term: "Platform" or "Product" refers to the Kea Site, insights, analytics, and other features offered through products and services.
    • Inclusions: Any new features or tools added to the current offering are considered part of the Platform and are subject to the outlined Terms.

In summary, Kea's Platform encompasses the creation and hosting of online businesses, customer management, and marketing campaigns. It is operated by Kea Solution Inc. and accessed through various online channels, collectively referred to as the "Platform" or "Product." New features are automatically included in the Platform and fall under the jurisdiction of the provided Terms.


Policies and Agreements


Here is the breakdown for various policies and agreements that collectively govern the terms and conditions for using the Kea Platform.


Terms and Conditions


  The Terms, Acceptable Use Policy, Privacy Policy, and the Kea Data Protection Addendum (including the Standard Contractual Clauses or "SCCs") collectively form the "Kea Policies."
        
        These documents define the terms and conditions that govern your use of the Kea Platform.
        
        Users, referred to as "Kea Heroes," must adhere to the Kea Policies to use the Platform.
        
        Discontinuation of Platform use is required if there is a disagreement with the Kea Policies.

Privacy Policy and Cookie Statement


        Describes how Kea will treat user accounts and the data collected and processed about users, customers, and contacts.
        
        Users are categorized as "Kea Heroes."

Additional Terms and Restrictions


Additional Terms, available on the Kea Site at Kea Builder. Users can view, cancel, or manage Subscriptions through their account page or by contacting [email protected], apply to specific features of the Platform, including certain add-ons ("Add-ons").
        
        Unless expressly stated otherwise, the general Terms apply to the use of Add-ons.
        
        Heroes agree to Additional Terms when they incorporate corresponding Add-ons or use related features.
        
        Some Heroes may have access to unique Platform features based on their historical usage or status.

In summary, Kea's operation is governed by a set of comprehensive policies and agreements, collectively referred to as the "Kea Policies." These include the Terms, Acceptable Use Policy, Privacy Policy, and the Kea Data Protection Addendum. Additional Terms apply to specific Platform features and Add-ons, with users, or "Heroes," agreeing to these terms for access. Users must comply with these policies to use the Kea Platform effectively.


Kea's Terms Modification Policy


  At Kea, we strive to enhance and optimize our platform continuously. This may involve occasional modifications or changes to our Terms. We want to keep you informed about how this process works:
        
        Modification Authority: Kea retains the right to modify or change these Terms at any time to ensure that our services align with the evolving needs and standards.
        
        Notification of Changes: Whenever changes are made to these Terms, we will promptly post the revised Terms here. It's important to check this space regularly for updates.
        
        Effective Date: Changes will become effective immediately or on the published effective date, as indicated in the revised Terms.
        
        Your Agreement: Your continued use of the Kea Platform after any modification or amendment indicates your agreement with the updated Terms.
        
        Opting Out: If you do not agree with the new Terms, it's necessary to discontinue your use of the Kea Platform.

We value transparency and want to ensure that our terms align with your expectations. Should you have any questions or concerns about these modifications, please don't hesitate to reach out. Kea is committed to providing you with a seamless and agreeable experience.


Kea Builder Terms of Service Agreement


Thank you for choosing Kea Builder to advance your business endeavors. Our users, known as Heroes, are at the core of our business, and we value your trust in Kea as a partner in your success. If you're using the Platform on behalf of an entity or organization, you acknowledge and agree to these Terms on behalf of that entity, asserting that you have the necessary authority. In this context, the terms "Hero," "you," and "your" pertain to the said entity or organization. When subscribing to our Platform or accessing it in any way, you bind yourself to these Terms, all other Kea Policies, and all relevant laws, rules, and regulations. It's important to note that Kea is not an educational institution or content provider. Our Heroes, users, entrepreneurs, customers, experts, and partners are not considered our employees, contractors, or representatives. Kea's responsibility is limited to providing the Platform; we do not assume liability for any interactions, disputes, claims, losses, injuries, or damages arising from your relationships with your Customers or other Contacts, including their reliance on any information or Content you provide. We appreciate your understanding and commitment to these terms as we work together to achieve your business goals through Kea's Platform.

1. Your Kea Account


1.1. Registering an Account


To access and utilize the Kea Builder, you need to subscribe to Kea and register for a Kea account ("Account"). During registration, provide your full legal name, business address, phone number, a valid email address (your "Primary Email Address"), and any other required information. Kea reserves the right to reject or cancel an Account at its sole discretion.


Confirm that you are using the Platform for business purposes, not personal, household, or family activities.


1.2. Eligibility


To use the Platform or any Kea product/service and open an Account, you must:


  • Be at least 18 years old (or the applicable age of your jurisdiction) and able to enter into contracts.
  • If not an individual, warrant that you are validly formed and existing under your jurisdiction's laws, with full power and authority to enter into these Terms.

1.3. Account Management


The Hero (user) registering for the Platform is the contracting party and the authorized user of the provided Account.


If they sign up on behalf of an employer or entity, they become the Hero. Use your employer-issued email address and ensure authority to bind them to these Terms.


Account sharing is not allowed. Kea Site is associated with one Hero, with multiple Sites permitted for a Hero.


Admin Users, acting on your behalf, may access your Account, subject to permissions. You're liable for their compliance and access.


Kea recommends using multi-factor authentication for security.


1.4. Ownership Disputes


In disputes over Account ownership, Kea may request documentation for verification. Kea retains the right to determine rightful ownership and transfer an Account accordingly. Unresolved disputes may lead to Account suspension or termination.


2. Fees and Payments


2.1. Fees


Kea users agree to pay all applicable fees for using the Platform based on presented pricing and payment terms. The Platform operates on a subscription basis, charging users monthly or annually, depending on the chosen pricing plan ("Subscription Fees"). Payment is processed through third-party processors, such as Stripe and PayPal, subject to their terms and conditions. Transaction Fees and Additional Fees related to third-party services may also apply, collectively referred to as "Fees."


Users must maintain a valid payment method on file to cover all incurred and recurring Fees. Billing occurs through the Authorized Payment Method selected in the user's Account. Kea retains non-sensitive payment information through third-party providers, updating this information as needed. Users are responsible for keeping payment details current, and Kea is authorized to charge the credit card with updated information.


Subscriptions and associated Fees are in U.S. dollars. Kea does not credit or reimburse foreign exchange fees or differences due to currency conversion. Users must notify Kea promptly of any changes to their payment information.


2.2. Subscriptions


The Platform operates on a subscription basis, with billing cycles occurring monthly or annually. Users are charged at the beginning of each billing cycle. Subscriptions automatically renew unless cancelled before the end of the billing cycle. Cancellation can be done through the online account management page or by contacting Kea Builder. Users can view, cancel, or manage Subscriptions through their account page or by contacting [email protected].


2.3. Promotional Offers


Kea may introduce special promotional offers, plans, or memberships at its discretion. Eligibility for offers is determined solely by Kea, and the company reserves the right to revoke an offer and suspend an account if eligibility criteria are not met. Information such as payment method or account email address may be used to assess eligibility. Specific requirements, limitations, and conditions for each offer will be communicated during sign-up or through available communications.


Promotional fees or discounted trial periods ("Trial Periods") may be offered at any time. To activate a Trial Period, users must subscribe to the eligible plan of their choice and provide an Authorized Payment Method at enrollment. At the Trial Period's end, the Authorized Payment Method will be charged the full price of the selected plan unless cancelled before expiration. Subsequent charges will occur monthly or annually at the current plan rate until cancellation or plan change. Users will receive email notifications about the upcoming Trial Period expiration. Failure to update a declined payment method may result in immediate account suspension or cancellation.


2.4. Upgrades or Downgrades


For Kea, any modifications, including upgrades, downgrades, or changes to a plan during a Trial Period, will result in the immediate termination of the trial. Upon upgrading, users will be promptly billed for the first term period (either annual or monthly). The Authorized Payment Method will be automatically charged the new rate on the next billing cycle for any plan upgrade or downgrade after the trial period. Immediate billing for the prorated difference during the current billing cycle will occur for an upgrade to a higher-priced plan. If a plan downgrade leads to a credit in the account, this credit will be applied to the next billing cycle(s) but will not be refunded.


2.5. Taxes


Kea's listed prices exclude taxes, such as value-added, sales, use, or withholding taxes, unless otherwise specified. Users are responsible for paying all associated taxes and maintaining up-to-date billing information. If any payable amount to Kea is subject to taxes, Kea may, at its discretion, collect the full tax amount, even if not previously collected. Changes to the account or subscription may result in Kea collecting applicable taxes. Users will be notified of price changes due to tax collection, as detailed in Price Changes Section.


  • United States Sales Tax:

    If Kea has a legal obligation to pay or collect sales tax for which users are responsible, the sales tax will be calculated based on the billing information available, and the amount will be charged unless a valid tax exemption certificate is provided within the required timeframe. Users representing tax exemption must ensure the accuracy and currency of the document. Valid tax exemption documents will result in a refund of collected sales tax, based on applicable state tax laws.

  • Non-United States Sales Tax:

    If applicable, Kea will charge VAT, GST, or any other sales, consumption, or use taxes associated with platform use unless users provide a tax identification number for exemption, a valid tax exemption certificate, or other documentary proof from the taxing authority. In jurisdictions with multiple taxes, the highest prevailing rate may be charged if billing information is incomplete or inaccurate. Users required to withhold taxes must provide official tax receipts or documentation to support such payments.


2.6. Price Changes


For Kea, adjustments to fees may occur, and users will be notified in advance of any changes, along with instructions on how to accept them. Changes to subscription fees will be effective at the start of the next billing cycle following the date of the change. By continuing to use the subscription after the price adjustment, users accept the new pricing. If users disagree with the changes, they retain the right to reject them by canceling the subscription before the modified pricing takes effect.


2.7. Refund Policy


Kea aims to ensure new users are satisfied. A full, no-questions-asked refund is provided within thirty (30) days of initial signup. Users can request a refund by emailing Kea Builder within this period. After 30 days, payments become nonrefundable, and there are no reimbursements or credits for partially used subscriptions. Upon cancellation, access to the platform continues until the end of the current billing cycle. Kea reserves the right to deny refunds to users who abuse this policy.


2.8. Delinquencies


In cases where Kea is unable to process payment using the authorized method, subsequent attempts will be made, and users will receive a Payment Failure Notice. If outstanding fees are not paid within 14 days, Kea may, at its discretion, suspend access to the account and/or the platform. Full access is restored upon payment of all outstanding fees.


Kea may terminate the account and/or access to the platform if outstanding fees are not paid within 30 days of receiving a Payment Failure Notice, as per Section 8. During suspension or after termination, users may not access account features, impacting their ability to provide content, products, and services or process payments. Kea is not liable for disputes, claims, losses, injuries, or damages arising from such suspension or termination, and users agree to indemnify Kea for any disputes with their customers, as outlined in Section 11.


3. Your Content


3.1. You Retain Ownership of & Responsibility for Your Content


For Kea, content creators retain full ownership of their intellectual property rights. Kea does not assert ownership over any user content. Users are accountable for their content and the outcomes of posting or publishing it. Kea holds no responsibility for third-party content within the platform.


Users acknowledge that Kea is not a marketplace, and any sales transactions occur directly between users and their customers. Users are responsible for all aspects of transactions, including charges, refunds, and legal compliance. Kea is not the seller or merchant of record and has no responsibility for user sites, content, or offerings.


Users affirm ownership or necessary permissions for their content and agree not to violate laws, intellectual property, privacy, or other rights. Users are solely responsible for setting fees, refund policies, and compliance with applicable laws.


Users may not use the platform for illegal purposes, and compliance with laws and regulations is mandatory. Users can remove their sites, but this does not terminate Kea's rights or licenses needed to fulfill obligations under the terms.


Kea is not liable for user actions related to content, and the platform reserves the right to review and delete content at any time.


3.2. Limited License to Your Content


While Kea does not claim intellectual property rights over user content, users grant Kea a worldwide, royalty-free license to host, use, display, and distribute the content. This license allows Kea to operate and improve the platform and promote its services. The license persists even after users stop using the platform.


3.3. Kea’s Right to Use Your Name


Users grant Kea a non-exclusive license to use names, trademarks, and logos associated with their sites for platform operations, marketing, and promotion. This license survives termination to the extent necessary for Kea to exercise rights under the terms.


3.4. Intellectual Property Infringement


Kea respects intellectual property rights and expects users to do the same. Users must comply with the DMCA policy, and intellectual property infringement complaints can be addressed to Kea Builder.


4. Privacy, Security & Confidentiality


4.1. Your Responsibility to Comply with Data Protection, Security & Privacy Laws


Kea places a strong emphasis on safeguarding the privacy of user, customer, and contact information. Users must comply with applicable data protection, security, and privacy laws, including notice and consent requirements. This encompasses the collection and processing of personal data, sending emails, and the use of cookies and similar technologies on user sites.


4.2. Privacy


Users entrust Kea with their content, acknowledging that it is treated securely as outlined in the Privacy Policy. Kea may use and share content, including customers' and contacts' data, as per the Privacy Policy and relevant data protection laws. The Data Protection Addendum (DPA) supplements these terms, with the DPA prevailing in case of conflicts, except for the Disclaimer and Limitation of Liability sections where these terms prevail.


4.3. Confidentiality


Kea commits to treating user content as confidential, disclosing and using it only by the terms, including the Privacy Policy. Content ceases to be confidential if it becomes public, was known to Kea before receipt, is received from a third party without knowledge of a breach, or is independently developed by Kea. Kea may disclose content when required by law, making reasonable efforts to notify users before doing so.


4.4. Security


Kea adheres to industry security standards in storing and processing content. The platform has implemented measures to ensure the security, integrity, and confidentiality of user content. While Kea cannot guarantee immunity from unauthorized access or use, it pledges to take reasonable steps to notify users in the event of a Security Incident, defined as unauthorized access, acquisition, alteration, use, disclosure, or destruction of personal data. Kea cooperates with users in investigations related to Security Incidents, providing necessary information. Unsuccessful attempts or activities that do not compromise personal data security are excluded from the definition of Security Incidents.


5. Kea’s Intellectual Property


5.1. Kea’s Trademarks


Your use of the Kea Platform does not confer ownership rights, and you agree not to use any trademarks, logos, or brand elements of Kea, including the word mark KEA and associated logos (“Kea Trademarks”), unless expressly authorized in writing. Prohibited actions include adopting confusingly similar marks or misspellings of Kea Trademarks.


You commit not to purchase, register, or use the search engine or pay-per-click keywords, trademarks, email addresses, social media names, or domain names that employ Kea Trademarks or variations thereof.


5.2. Kea’s Platform


All rights, titles, and interests in the Kea Platform, including related technology and intellectual property rights, are owned by Kea or its licensors. You are granted a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Platform by the terms. No rights, except as explicitly provided, are conferred to you by Kea, its affiliates, or licensors.


Kea retains the right to offer the Platform to competitors without promising exclusivity in any market segment. Additionally, you acknowledge that Kea employees and contractors may also be users of the Platform and may engage in competitive activities.


5.3. Feedback


Kea values feedback for Platform improvements. Ideas, suggestions, comments, and related materials are collectively termed "Feedback." No confidentiality obligation exists for such Feedback, and by providing it, you waive any rights, allowing Kea to use, reproduce, display, distribute, modify, implement, or perform the Feedback without seeking permission.


Reviews of Experts, Third Party Services, or Third Party Providers must be accurate and comply with legal standards. Kea reserves the right to edit or remove Feedback but does not regularly monitor such submissions. Feedback is voluntary and provided without expectation of compensation or credit.


6. Additional Services; Third Party Services


6.1. Kea Email


Kea offers an email service ("Email Services") that allows you to generate or send emails from your Kea account. In addition to the general Platform terms, your use of the Email Services is subject to Kea's Anti-Spam Policy and specific terms as follows:


  • Content Scanning: Kea employs Content Scanning to check emails for potential threats, such as spam or phishing. Your use of the Email Services grants Kea the right to conduct Content Scanning. Kea does not guarantee freedom from threats, and you are responsible for all content generated by your Site.
  • Third-Party Providers: The Email Services may use third-party providers, and your usage is subject to their terms. A breach of their terms is considered a breach of Kea's terms.
  • Changes and Discontinuation: Kea reserves the right to change or discontinue the Email Services, and it is not responsible for actions or links of third-party service providers.
  • Legal Compliance: You are responsible for understanding and complying with applicable laws, rules, and regulations regarding the Email Services.
  • Security: Kea cannot guarantee the security of all data transmissions over the internet.

6.2. Kea Platform


The Kea Platform is available to Kea users to engage with customers. All Platform terms apply, and Kea reserves the right to deny access to the Kea Builder site without notice.


Your Content, including courses, product listings, and trademarks, may be displayed on the Kea Builder platform. Compliance with Platform Terms, Acceptable Use Policy, and applicable laws is required.


Content Management: You are responsible for managing or deactivating the functionality that makes your Content available on the Kea Builder platform. Content removal occurs upon account deletion.


6.3. Third-Party Services; Experts Marketplace


Kea may recommend or provide access to third-party services ("Third Party Services"), including the Experts Marketplace. Use of Third Party Services is at your risk, and you agree to the terms and policies of third-party providers.


Experts Marketplace: An online directory connecting users with independent third parties ("Experts") for services. You are responsible for reviewing and complying with Experts Marketplace terms and policies.


Liability Disclaimer: Kea is not liable for any damages resulting from Third Party Services or your relationship with Third Party Providers, including Experts. You indemnify Kea from any claims arising from your use of Third Party Services.


User Reviews: The Experts Marketplace allows users to post reviews. Reviews must comply with Kea's policies, and Kea reserves the right to remove or edit reviews.


6.4. Beta Services


Kea may offer pre-release or beta features ("Beta Services") at its discretion. Beta Services are subject to specific terms provided to users. Users agree not to disclose participation without Kea's consent, and Beta Services are provided as-is.


6.5. Kea Communities


Kea Communities allows users to create a community within their Site for customers to connect and exchange information ("Messages"). Messages are monitored for compliance with Kea's terms, and information sent via Messages is not confidential.


6.6. Coaching


The Coaching Service uses third-party providers, and usage is subject to their terms. Users must comply with laws, including recording laws, and grant consent for session recordings.


HIPAA Compliance: Users may not use the Platform for processing protected health information subject to HIPAA or other health privacy regulations.


6.7. Kea Access


Kea Access is an add-on providing one-on-one support. Access uses third-party services and records sessions. Usage is subject to third-party terms, and users consent to session recordings.


6.9. Cookies, Pixels & Tracking Technologies


Users may add cookies, pixels, or tracking technologies to their Site for tracking user events. Users are responsible for compliance with laws and must disclose tracking practices in a privacy policy. Kea may collect data associated with tracking technologies for platform improvement.


7. Your Responsibilities & Our Rights - Kea Builder


7.1. General Rules


By accepting the terms of use, users of the Kea Builder commit to the following guidelines:


  • Anti-Spam Policy: Users shall refrain from sending spam or utilizing purchased, rented, or third-party email lists, adhering to the Anti-Spam Policy outlined in the terms.
  • Acceptable Use: Compliance with the Acceptable Use Policy is mandatory for all users.
  • Bandwidth Usage: Users may only use the platform's bandwidth for their content, campaigns, and sites. Hosting images or data on Kea servers for purposes other than platform use is not allowed.
  • Child Privacy Protection: The Platform is not intended for individuals under 16. Users must comply with laws related to the privacy rights of children, including COPPA.
  • Platform Use Restrictions: Users and authorized individuals must use the Platform only as expressly permitted by the Terms. Unauthorized modification, distribution, or any attempt to reverse engineer the Platform is strictly prohibited.
  • Non-Misrepresentation: Users must not misrepresent the relationship between them and Kea or imply any affiliation that doesn't exist.

7.2. Compliance with Laws and Regulations


Users are responsible for using the Platform in compliance with applicable laws and regulations, including data protection, accessibility, taxes, subscriptions, HIPAA, anti-corruption, economic sanctions, and export control laws.


  • Data Protection: Users must post a publicly accessible privacy notice, obtain necessary permissions, and comply with laws applicable to their campaigns, including acquiring consents and providing notices required by Data Protection Laws.
  • Health Information: Users may not use the Platform to process protected health information subject to HIPAA or any other health privacy regulation.
  • Legal and Tax Compliance: Users are solely responsible for their Site's compliance with legal and tax regulations, seeking professional advice as needed.

7.3. Global Trade Compliance for Kea Builder


In adherence to global trade regulations, users of the Kea Builder are required to comply with all economic sanctions and export control laws. By engaging with the Platform, users explicitly agree not to employ, export, import, sell, release, or transfer the Platform, the Kea Builder, or any associated software or technology in violation of such laws.


  • Restricted Countries: The Kea Builder or any supporting software or technology may not be exported, transferred, or released into countries subject to U.S. embargoes. These countries include but are not limited to Cuba, Iran, North Korea, Syria, the Crimea region, Donetsk and Luhansk regions, and Russia.
  • Restricted Individuals or Entities: Users must certify that neither they nor any principals, officers, directors, or individuals associated with the use of the Platform are on any sanctions lists in countries where the Platform is available. Additionally, they must confirm that they are not doing business in any of the U.S. embargoed countries and are not classified as a military end user as defined in 15 C.F.R § 744.
  • Responsibility for End Users: Users are responsible for ensuring that their end users do not utilize the Platform, their Site, or their Content in violation of any U.S. export restrictions or embargoes. This includes preventing access to the Platform, Site, or Content by individuals or entities listed in U.S. Treasury Department's Specially Designated Nationals or any other applicable restricted party lists.

7.4. PCI Compliance - Kea Platform


Users are obligated to maintain compliance with the Payment Card Industry Data Security Standards (PCI-DSS) and, if applicable, the Payment Application Data Security Standards (PA-DSS). Users commit to furnishing Kea with documentation validating their adherence to PCI-DSS and/or PA-DSS upon request.


  • Cardholder Data Handling: Kea, as the platform provider, does not have access to, collect, transmit, store, or process any Cardholder Data on behalf of users.
  • To facilitate compliance with PCI DSS, Kea has partnerships with payment providers such as Stripe and PayPal for processing customer payments.

7.5. Mobile Networks; Texting - Kea Platform


When utilizing the Kea Platform through a mobile network, users are subject to messaging, data, and other rates and fees imposed by their network or roaming provider. Kea emphasizes transparency and user control in its mobile network and texting features, ensuring users have the autonomy to manage their preferences and participation.


7.6. Right to Review Your Content, Campaigns & Sites - Kea Platform


Kea reserves the right to view, copy, and internally distribute content from user campaigns, sites, third-party services, and accounts to improve the Platform and monitor compliance. Kea may aggregate and anonymize data for research, marketing, or other lawful purposes.


8. Suspension & Termination of Your Account - Kea Platform


8.1. Term


The duration of these Terms of Service initiates on the date of your Account Registration completion and persists until concluded either by Kea or by you, as delineated below.


8.2. By You


You can terminate your Subscription at any time by navigating to your Account management page. Your Subscription remains active until the current billing cycle concludes.


8.3. By Kea Builder


Kea Platform reserves the right to suspend or terminate your account at its discretion, without prior notice, and at any time, unless otherwise mandated by applicable laws.


8.4. Effects of Termination from Kea


Upon termination, Kea will discontinue your access to the Platform, your site will be disabled, and your account and associated data will be permanently deleted. Outstanding balances owed to Kea will be due immediately.



9. Changes and Updates in Kea Builder


9.1. Changes to Terms


Kea reserves the right to modify these Terms at its discretion. Continued access to the Platform after changes indicates acceptance of the updated terms.


9.2. Changes to Fees


Kea Builder users are advised that Kea holds the right to alter the fees associated with the Platform or any Additional Services periodically. In the event of any changes to the fees, Kea is committed to providing users with a minimum of 30 days' advance notice. This notification will be facilitated through an email sent to the user's Primary Email Address and/or by posting the information on the Kea Site or upon the user's login to their account.


Kea prioritizes transparency in communicating modifications to fees, ensuring users have sufficient time to understand and adjust to any changes. Users are encouraged to regularly check their email and the Kea Site for any notifications regarding fee adjustments, allowing for informed decision-making and planning as needed.


9.3. Changes to the Platform and Services


As part of our commitment to constant improvement, Kea acknowledges the dynamic nature of its Platform and the necessity for ongoing enhancements. Users are informed that Kea reserves the right to introduce, modify, or remove functionalities from the Platform at its discretion and without prior notice. Additionally, Kea may, at its discretion, limit, suspend, or discontinue specific functionalities or features, providing users with reasonable advance notice. This notice aims to offer users an opportunity to secure a copy of their content if deemed necessary.


Kea's proactive approach to communication ensures that users are kept informed about changes to the Platform and services, allowing for a seamless and informed user experience.


9.4. Downgrades


Users contemplating the downgrade of their Account plan on the Kea Builder should be aware that such an action may result in the loss of content, features, functionality, or capacity associated with their Account. Prior consideration and understanding of the potential implications are recommended before initiating any downgrades, ensuring users can make informed decisions aligned with their specific needs and requirements.


10. Disclaimers & Limitations of Liability of Kea


10.1. No Warranties


While Kea is dedicated to delivering an exceptional user experience on the Platform, it's important to note certain aspects that Kea does not guarantee. Kea makes efforts to maintain the Platform's availability, but there may be occasional disruptions for various reasons. To the extent permitted by applicable law and except as expressly provided in these Terms, the Platform, along with any information, guidance, or recommendations, is provided on an "as is" basis. Kea does not make any warranties, whether express, implied, or statutory. This encompasses, but is not limited to, warranties of merchantability, fitness for a particular purpose, data loss, and non-infringement. Kea does not provide representations regarding the availability, reliability, or accuracy of the Platform. Due to the diverse reasons Heroes use the Platform, Kea cannot ensure that the Platform will meet every user's specific needs. Kea aims to be transparent about these limitations to foster a clear understanding of the Platform's nature and functionalities.


10.2. Exclusion of Certain Liability


10.2.1 Assumption of Full Liability

To the extent permitted by applicable law, users acknowledge and agree that:


  • (a) They assume full liability for any loss resulting from their use of the Kea Platform.
  • (b) Kea and its team will not be liable for any indirect, consequential, special, incidental, punitive, or exemplary damages, including the loss of use, data, business, revenues, or profits—whether direct or indirect. These damages may arise out of or be connected with the Platform and these Terms, based on contract, tort, strict liability, or any other legal theory. This exclusion holds true even if Kea has been advised of the possibility of such damages and even if a remedy fails its essential purpose.

10.2.2 Limitation of Liability for Violation of Terms

For the avoidance of doubt, Kea and its team will not be liable for any losses or damages suffered by users if they use the Platform in violation of these Terms. This holds true regardless of whether Kea terminates or suspends the user's account due to such violation. Kea emphasizes that users are responsible for adhering to the Terms to avoid any negative consequences related to their use of the Platform.


10.3. Limitation of Liability


10.3.1 Aggregate Total Liability

To the extent permitted by applicable law, in any calendar month, the aggregate total liability of each of Kea and its team arising out of or in connection with the Platform and these Terms will not exceed the amount the user paid to Kea for their use of the Platform in the preceding month. This limitation is designed to define the extent of financial responsibility Kea and its team have in connection with the user's utilization of the Platform.


10.4. Protection of Consumer Rights


Kea acknowledges that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If a user qualifies as a consumer under the relevant jurisdiction, nothing in these Terms is intended to limit any of those consumer rights. Kea is committed to respecting and adhering to consumer rights as defined by applicable laws in various jurisdictions.


11. Indemnification of Kea


11.1. General Indemnification Obligation


Users of the Kea Builder acknowledge and agree that they are solely and exclusively responsible for their Site and Content. In adherence to the fullest extent permitted by law, users commit to indemnify and hold harmless Kea and its Team from all liabilities, damages, and costs. These may include settlement costs, attorneys' fees, and expenses arising out of a third-party claim regarding or in connection with:


  • (a) Use of the Platform: Your, your Customers', or your Contacts' use of the Platform, encompassing Content, Sites, or Campaigns.
  • (b) Breach of Terms: Your breach of these Terms or any other policies incorporated herein.
  • (c) Violation of Laws: Violation of applicable Laws by you, your Customers, your Contacts, or your Content, Sites, mobile applications, or business.
  • (d) Misrepresentations: Any misrepresentations made by you.
  • (e) Disputes: A dispute between you and your Customers, Contacts, or other users, including but not limited to refunds, fraudulent transactions, alleged or actual violation of Laws, or your breach of these Terms.
  • (f) Intellectual Property Claims: A third-party claim alleging that any of your Content infringes or misappropriates that third party’s intellectual property rights.

This indemnification provision underscores the user's commitment to taking responsibility for their actions on the Kea Builder and ensuring that Kea and its Team are protected from any associated legal claims or disputes.


11.2. Indemnification Process - Kea Platform


11.2.1. Notification and Cooperative Process

In the event of a claim subject to indemnification under Section 11.1, Kea follows a transparent and cooperative process:


  • (a) Notice: Kea will make reasonable efforts to provide prompt written notice of the claim to the user involved in the indemnification obligation.
  • (b) User Control: The user will be permitted to control the defense and settlement of the claim, providing them with the authority to manage the legal proceedings associated with the indemnification.
  • (c) Cooperation: Kea commits to reasonably cooperate with the user in both the defense and settlement phases of the claim. This cooperation may include the provision of relevant information and assistance as needed.

Additionally, users are explicitly informed that they may not agree to any settlement of a claim that necessitates Kea's commitment without obtaining prior written consent from Kea. This collaborative approach aims to ensure a fair and effective resolution to any claims, with both parties actively participating in the process.


12. Resolving Disputes; Arbitration Agreement; Governing Law - Kea Platform


12.1. Informal Dispute Resolution


At Kea, we prioritize resolving concerns and disputes amicably and without resorting to formal legal procedures. Before initiating a formal claim against Kea, users are encouraged to attempt an informal resolution by reaching out to keabuilder.com. Kea commits to engaging in this informal resolution process and will endeavor to address the dispute by initiating contact via email. If a resolution is not achieved within thirty (30) days from the date of the initial email, either the user or Kea may then proceed with a formal proceeding.


12.2. Judicial Forum for Disputes


Kea Builder and its users mutually agree that any judicial proceeding concerning claims related to these Terms or the Kea Builder will be conducted in the federal or state courts. This agreement is subject to the mandatory arbitration provisions outlined below. Both parties consent to the jurisdiction and venue of such courts. It's important to note that if a user resides in a country with legal provisions granting consumers the right to address disputes in local courts, this provision does not supersede those requirements.


This approach underscores Kea's commitment to providing a fair and accessible dispute resolution process while outlining the specific legal framework and venue for addressing potential conflicts.


12.3. Mandatory Arbitration Provisions for Kea


If you’re a U.S. resident, you also agree to the following mandatory arbitration provisions:


  • We Both Agree to Arbitrate: Both users and Kea commit to resolving any claims related to these Terms or the Kea Builder through final and binding arbitration, facilitated by a single arbitrator. This encompasses disputes arising from the interpretation or application of the "Mandatory Arbitration Provisions" section, covering enforceability, revocability, or validity.
  • Opt-out of Agreement to Arbitrate: Users have the option to decline these arbitration terms concerning these Terms within thirty (30) days of initially registering their Account by contacting Kea at keabuilder.com.
  • Arbitration Procedures: The American Arbitration Association (AAA) will oversee the arbitration process, applying its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. The arbitration will take place in the United States county corresponding to the user's residence or workplace, such as Delaware, or any other mutually agreed-upon location. The payment of arbitration fees will adhere to the AAA rules, accessible online at www.adr.org or by contacting the AAA at 1-800-778-7879.
  • Exceptions to Agreement to Arbitrate: Claims qualifying for small claims court may be asserted by either party in any U.S. county where the user resides or works. A lawsuit solely for injunctive relief, aimed at halting unauthorized Platform use, abuse, or intellectual property infringement, may be initiated without preceding arbitration. If the agreement to arbitrate is deemed inapplicable, the exclusive jurisdiction of the state and federal courts in Delaware is acknowledged for claim resolution.
  • No Class Actions: Dispute resolution is limited to individual actions, prohibiting claims brought as a plaintiff or class member in class, consolidated, or representative actions. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are expressly disallowed. In the event this paragraph is deemed unenforceable, the "Mandatory Arbitration Provisions" section will be considered void.

This provision outlines the framework for arbitration, exceptions, and the limitation on class actions, emphasizing the resolution approach for disputes between users and Kea, particularly applicable to U.S. residents.


12.4. Governing Law - Kea Platform


These Terms are subject to governance by Delaware law, excluding its conflicts of laws principles. It is important to note that certain countries, including those within the European Union, may have specific legal requirements mandating that agreements be governed by the local laws of the consumer's country. This provision does not supersede such laws and ensures their application as necessary. This underscores Kea's commitment to complying with regional legal frameworks and recognizing the importance of local regulations.


13. Other Terms for Kea Builder


13.1. Assignment


The transfer or assignment of these Terms, along with any associated rights and licenses, requires prior written consent from Kea. However, Kea retains the right to assign these terms without the need for consent or other restrictions.


13.2. Entire Agreement


These Terms, combined with any additional policies housed in our Legal and Policy Center, constitute the complete agreement between you and Kea. They override any prior or contemporaneous agreements, whether written or oral, about the subject matter at hand.


13.3. Independent Contractors


The relationship between you and Kea is one of independent contractors. It is important to note that it does not imply a legal partnership, employer-employee association, or agency between the two parties.


13.4. Interpretation


Terms such as "includes," "including," "such as," and similar expressions are utilized for expansive interpretation and do not impose limitations on what else may be encompassed.


13.5. No Waiver


The failure or delay of a party to enforce a provision within these Terms does not constitute a waiver of the right to enforce it at a later time.


13.6. Severability


If any provision of these Terms is deemed unenforceable by a court of competent jurisdiction, that specific provision will be severed, while the remaining terms will remain fully effective.


13.7. Third-Party Beneficiaries


Except for provisions stated otherwise herein, no third-party beneficiaries are recognized under these Terms. The agreements are designed to govern the relationship exclusively between you and Kea.


13.8. Survival


Upon termination, all associated rights and obligations outlined in these Terms cease immediately. However, certain provisions survive termination:


  • (a) You remain accountable for fulfilling obligations related to transactions initiated before termination and for liabilities accrued before or as a consequence of termination.
  • (b) Sections 2 (Payment of Fees), 3.2, 3.3, and 3.6 (Your Content), 4 (Privacy, Security, and Confidentiality), 5 (Kea’s Intellectual Property), 8 (Suspension and Termination of Your Account), 10 (Disclaimers and Limitations of Liability), 11 (Indemnification), 12 (Resolving Disputes; Arbitration Agreement; Governing Law), 13 (Other Terms), and any other provision that, by its nature, should endure beyond the termination or expiration of these Terms.

13.9. Language


These Terms are crafted and documented in English. In cases where a translated version conflicts with the English version, the English version prevails, unless prohibited by applicable law.


13.10. Delaware Residents


For Delaware residents, complaints can be reported to the Consumer Protection Unit which is part of the Fraud and Consumer Protection Division of the Attorney General’s Office of the Delaware Department of Justice. Contact can be made in writing at the Delaware Department of Justice, Carvel State Building, 820 N. French St. Wilmington, DE 19801 or by telephone at (800) 220-5424 or (302) 683-8800.


13.11. How to Contact Us


You can reach out to us regarding the Builder or these Terms at 2275, 447 Broadway, 2nd Floor, New York, NY, New York, US, 10013, or via email at keabuilder.com.