Terms & Conditions

- Effective from: July 1 , 2025 (Version: 1) -

Terms of Use

These Terms of Use govern the creation and use of the KEENFINITY ID (as defined below) provided by Keenfinity GmbH, Fritz-Schäfer-Straße 9, 81737 Munich, Germany or one of its affiliated companies ("Provider", “Keenfinity”, "we" or "us") to you as an end user ("User", or "you").

Keenfinity GmbH offers the KEENFINITY ID as a service for its affiliated companies and other third parties. Depending on where the User resides, there may be special “Supplemental Terms” relating to the User’s registration and use of the KEENFINITY ID, as outlined in the relevant “Supplemental Terms” section below, in which case you also hereby agree to such Supplemental Terms – Jurisdiction-Specific.

In the event of a conflict between the provisions of the Supplemental Termsand the rest of these Terms of Use, the relevant Supplemental Terms will supersede and control with respect to your registration and use of the KEENFINITY ID.

1. Definitions

Access Credentials means any user ID (for example e-mail address or mobile phone number of the User) and freely chosen password created and used by the User to access and control the User Account.

Agreement means the contract entered into between us and you on the basis of these Terms of Use.

Keenfinity means the Provider of the Keenfinity ID, which is either Keenfinity GmbH or one of its affiliated companies.

KEENFINITY ID refers to Provider's single sign-on authentication service, which enables access to various Services.

Content means software, software functionalities, data, texts, audio, videos, pictures, documentations, contributions, products and any other information accessible through or in connection with the Services.

Registration means the process of creating a User Account within the scope of which the User provides Access Credentials.

Service(s) means applications such as, apps, web shops, online platforms or websites provided by us, our affiliates or other third parties.

User means the owner of a User Account after Registration, that is an entrepreneur within the meaning of § 14 BGB (German Civil Code), a legal entity under public law or a special fund under public law,

User Account means the access authorization to the KEENFINITY ID.

2. Scope of Services

2.1. The KEENFINITY ID enables access to various Services which are independent of this Registration. Data required to access any such Services will be transferred from your User Account to the respective Service.

2.2. The scope and exact Content of the Services can be found in the description for such Services. Your use of the Services is subject to separate terms and conditions. Depending on the applicable Service, additional information, such as surname, first name or payment data may be required.

2.3. User acknowledges and agrees that (i) the KEENFINITY ID is made available to User free of charge; and (ii) Provider does not warrant and you are not entitled to an uninterrupted or error free use of the KEENFINITY ID. User’s use of the KEENFINITY ID may be impaired by maintenance work, further developments or other disturbances (e.g. hardware and software errors, technical problems with data transmission) which may also lead to data loss. The Provider shall use reasonable efforts to ensure that the KEENFINITY ID can be used without interruptions.

3. Registration of a KEENFINITY ID, User Account

3.1. The use of the KEENFINITY ID requires the creation of a User Account. To create a User Account a Registration is required. Registration and use of the KEENFINITY ID are free of charge.

3.2. To register a KEENFINITY ID, you must be of legal age as determined by applicable law and have the required legal authority of the represented enterprise. Minors, legally incompetent persons, and persons whose access authorization has been revoked are not permitted to register. If you accept these Terms of Use as a representative of an enterprise, you represent and warrant to us that you have the legal authority to bind such enterprise.

3.3. During the Registration process you will be asked to enter your Access Credentials. By submitting your Access Credentials, you make an offer to conclude an Agreement for a User Account on the basis of these Terms of Use. After submitting your Access Credentials, the user ID is verified, for example by us sending you a confirmation link to the e-mail address you provided to us or by us sending you a code to the provided mobile phone number (double opt-in). We accept your offer by activating your User Account after successful verification of the user ID. You are then entitled to use the KEENFINITY ID ID subject to these Terms of Use. Provider in its sole discretion may reject your application for a User Account, and/or revoke or suspend your User Account and the use of the KEENFINITY ID.

3.4. We will send the Terms of Use to the e-mail address you have provided and store the Terms of Use you have accepted. In addition, you will have access to the currently applicable Terms of Use after accepting these Terms of Use.

3.5. The contract language depends on the language setting selected by the User.

3.6. You may only register once for a KEENFINITY ID. Your registration, the Agreement and the User Account including Access Credentials are not transferable.

3.7. The User and the represented enterprise are responsible and liable for any use of the KEENFINITY ID and the respective User Account resulting from access provided by the User, directly or indirectly, whether such access or use is permitted by or in violation of these Terms of Use.

4. Responsibility for Access Credentials

4.1. The User must keep the Access Credentials confidential and shall not make them accessible to any unauthorized third party under any circumstances.

4.2. Additionally, the User must ensure that the Access Credentials and Services are accessed and used exclusively by the User or by persons authorized by the user within the same enterprise. User shall immediately change its password and inform Provider upon becoming aware of any unauthorized access or suspected access to User’s User Account and/or the Access Credentials.

5. Suspension

5.1. Provider in its sole discretion may temporarily or permanently suspend the User’s KEENFINITY ID for (i) any violation of these Terms of Use and/or any applicable law or regulation by the User or anyone acting on the User’s or the represented enterprise’s behalf, unless the User or the represented enterprise are not responsible for such violation, or (ii) any other legitimate reason. The User’s legitimate interests will be duly taken into account when deciding whether to suspend the Service temporarly or permanently.

5.2. Any repeated violation of these Terms of Use may result in a permanent suspension of the User Account and exclude the User and its represented enterprise from any future use of the KEENFINITY ID.

5.3. Provider will notify User prior to any such suspension, indicating the reason and any options to appeal, except where Provider is legally justified for example, if there are serious or repeated violations.. User’s and its represented enterprise’s legitimate interests will be taken into account in making such decision.

5.4. In the event of a temporary suspension, the access authorization will be reactivated the earlier of (i) the expiration of the suspension period, or (ii) reason for such suspension has been eliminated or cured. A permanently suspended access authorization cannot be restored.

6. Data Protection

The data protection notice (https://id.keenfinity.tech/pages/en-us/data-protection-notice.html) for the KEENFINITY ID in its current version applies.

7. Liability

7.1. Provider is liable in accordance with the statutory provisions

in the event of loss of life, injury of body or health of a person,
fraudulent intent, intent or gross negligence,
according to the regulations of Product Liability Law (Produkthaftungsgesetz), as well as
to the extent of a guarantee assumed by Keenfinity.
1. In case of damage to property and financial losses caused by mere negligence, Provider shall not be liable in any case.
2. In all other respects our liability is excluded.
3. The above limitations of liability shall also apply in the event of the fault of one of our agents as well as for the personal liability of our employees, representatives and organs.

8. Term, Termination

8.1. The term of the Agreement begins on the date of Registration and ends with a termination by either Provider or User in accordance with these Terms of Use.

8.2. Ordinary Termination

User may terminate the Agreement for the KEENFINITY ID at any time for convenience by deleting the User Account. Provider provides a proper account deletion mechanism for this.
Provider also reserve the right to terminate the Agreement at any time upon three (3) months’ prior notice to the User. Provider’s right to suspend the User Account in accordance with Section 5 and to change in accordance with Section 9 shall remain unaffected.
1. The right of Provider or User to terminate for good cause without observing a period of notice shall remain unaffected.
2. Effect of Termination

Upon termination, the KEENFINITY ID service will no longer be accessible to User and its represented enterprise, and, User’s and its represented enterprise’s authorization to use the KEENFINITY ID will be simultaneously revoked.
In addition, upon termination, access to the Services used by User and its represented enterprise via the KEENFINITY ID will simultaneously end.
Any data created as part of the Registration will be irrevocably deleted by Provider within thirty (30) calendar days of termination or if applicable after any statutory retention periods have expired, or as required under applicable data protection laws or regulations.

9. Changes

9.1. Changes to these Terms of Use

Provider reserves the right to change these Terms of Use at any time in its sole discretion. User will be notified of such changes at least thirty (30) calendar days before the changes are due to take effect. Unless User objects within thirty (30) calendar days of receipt of the notification or continue to use the KEENFINITY ID after the expiry of the objection period, the changes shall be deemed to have been accepted by User and its represented enterprise effective after expiration of the objection period. In the event of User’s objection, the Agreement will be continued under the previous conditions. Provider reserves the right, in the event of an objection, to terminate the Agreement in accordance with Section 8.

9.2. Change in Performance

Provider reserves the right to change the scope of the KEENFINITY ID, to make new functionalities available free of charge or for a charge, to charge for functionalities previously available free of charge and/or to discontinue the provision of the KEENFINITY ID altogether. Provider aims to take the legitimate interests of the User and its represented enterprise into consideration. Provider will inform User before free functionalities become chargeable.

10. Applicable Law and Place of Jurisdiction

10.1. These Terms of Use are subject to the laws of the Federal Republic of Germany. Exclusive venue shall be Munich, Germany.. The application of UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

11. Final Provisions

11.1. Detailed information about the providing enterprise as Provider to User of the KeenfinityKEENKEY(?) ID can be found in the respective compan y information .

12. SUPPLEMENTAL TERMS – JURISDICTION-SPECIFIC

I. UNITED STATES.

This Section I sets forth provisions that replace, amend or supplement the Terms of Use when User is an entity with its principal place of business located in the United States of America.

A. Warranty Disclaimer.

The following provisions are added as new Section 2 of the Terms of Use:

“EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE KEENFINITY ID IS PROVIDED “AS IS”

AND “AS AVAILABLE,” AND PROVIDER MAKES NO WARRANTIES, EXPRESS, IMPLIED,

ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO

THE KEENFINITY ID OR ANY MATTER WHATSOEVER. PROVIDER DISCLAIMS ALL

IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT. PROVIDER DOES NOT WARRANT THAT THE KEENFINITY ID WILL BE ERROR FREE OR SECURE.”

B. Liability.

The following provisions replace Section 7 of the Terms of Use in its entirety:

“PROVIDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,

OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT OR ANY

OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF

DATA OR ANY OTHER CONTENT, LOST PROFITS, BUSINESS INTERRUPTION, OR ANY

OTHER LOSSES), ARISING OUT OF ANY USE OF THE KEENFINITY ID OR ANY

PERFORMANCE OF ITS OBLIGATIONS UNDER THE AGREEMENT (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE KEENFINITY ID, OR SECURITY BREACHES RELATED TO THE KEENFINITY ID).

PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE

AGREEMENT AND/OR THE KEENFINITY ID WILL NOT EXCEED 100 US DOLLARS. THE

ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.” C. Applicable law and place of jurisdiction.

The following provisions replace Sections 10of the Terms of Use:

“The Agreement and the KEENFINITY ID, and all disputes between the parties arising out of or re-lated thereto, shall be governed by the laws of the State of Michigan except for its choice of law rules; the United Nations Convention on the International Sale of Goods shall not apply. Any and all disputes, claims, or controversies arising out of or relating to the Agreement and/or the KEENFINITY ID — including your use thereof — shall be resolved exclusively in the State of Michigan Circuit Court for the County of Oakland or the United States District Court for the Eastern District of Michigan, both of which you consent to jurisdiction and venue.”

II. CANADA.

This Section II sets forth provisions that replace, amend or supplement the Terms of Use when User is a resident of Canada. A. Warranty Disclaimer.

The following provisions are added as new Section 2 of the Terms of Use:

“2 IF YOU ARE A CONSUMER SUBJECT TO THE QUEBEC CONSUMER PROTECTION

ACT, THE WARRANTY DISCLAIMERS CONTAINED IN THIS SECTION 2 DO NOT LIMIT

YOUR RIGHTS AND REMEDIES UNDER SUCH ACT, INCLUDING THE RIGHT TO MAKE A CLAIM UNDER ANY OF THE STATUTORY WARRANTIES PROVIDED UNDER SECTIONS 34 TO 54 OF SUCH ACT.

EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS OF USE, THE KEENFINITY ID IS

PROVIDED “AS IS” AND “AS AVAILABLE”, AND WE MAKE NO WARRANTIES, EXPRESS,

IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY,

AS TO THE KEENFINITY ID, OR ANY MATTER WHATSOEVER. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT.

TO THE EXTENT APPLICABLE, FREE SERVICES PROVIDED HEREUNDER ARE PROVIDED

“AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO

WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF

TRADE, OR STATUTORY, AS TO THE FREE SERVICES. WE DISCLAIM ALL IMPLIED

WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT. ADDITIONALLY, WE DO

NOT WARRANT THAT THE FREE SERVICES WILL MEET ANY OF YOUR REQUIREMENTS

OR THAT THE FREE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY

ERRORS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE USE OF FREE

SERVICES WILL NOT BE IMPAIRED BY DOWNTIME, MAINTENANCE ACTIVITIES, FURTHER DEVELOPMENTS, UPDATES AND UPGRADES OR MALFUNCTIONS.”

B. Liability.

The following provisions replace Section 7 of the Terms of Use in its entirety:

“7 Liability Disclaimer

7.1 IF YOU ARE A CONSUMER SUBJECT TO THE QUEBEC CONSUMER PROTECTION

ACT, THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION DO NOT RELEASE PROVIDER FROM THE CONSEQUENCES OF ITS OWN ACTIONS OR THE ACTIONS OF ITS REPRESENTATIVES.

7.2 WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR

CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER

LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA

OR ANY OTHER CONTENT, LOST PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER

LOSSES), ARISING OUT OF ANY USE OF THE KEENFINITY ID OR IN ANY WAY RELATED TO THE AGREEMENT (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE KEENFINITY ID).

7.3 OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENTAND ANY CLAIMS ARISING HEREUNDER WILL NOT EXCEED, IN ANY EVENT, THE

AMOUNT YOU HAVE PAID HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE

OCCURRENCE OF THE FIRST OF ANY SUCH CLAIM. THE FOREGOING LIMITATIONS

WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.”

C. Termination and Personal Data.

Section 8.4 of the Terms of Use is modified by adding the following as a new Section 8.4(d):

“(d) For personal data, we shall comply with any and all obligations imposed by the relevant privacy legislation including, without limitation Canada’s Personal Information Protection and Electronic Documents Act and substantially similar provincial legislation, as well as any applicable federal or provincial privacy or data protection legislation applicable to public bodies or public institutions in Canada, each together with the regulations thereto as amended from time to time.” D. Applicable law and place of jurisdiction.

The following provisions replace Sections 10 of the Terms of Use:

“10.1 IF YOU ARE A CONSUMER SUBJECT TO THE QUEBEC CONSUMER PROTECTION ACT, THE IMMEDIATELY FOLLOWING JURISDICTION PROVISIONS DO NOT APPLY.

10.2 The Agreement is subject to and will be interpreted in accordance with the laws of the Province of Ontario, Canada and the laws of Canada applicable therein. You acknowledge and agree that the courts sitting in the City of Toronto, Ontario shall have exclusive jurisdiction to hear any claims arising hereunder.” E. Dispute Resolution.

III. Singapore.

This Section III sets forth provisions that replace, amend or supplement the Terms of Use when User is a resident of Singapore.

A. Warranty Disclaimer.

The following provisions are added as new Section 2.4 of the Terms of Use:

“EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE KEENFINITY ID IS PROVIDED “AS IS”

AND “AS AVAILABLE,” AND PROVIDER MAKES NO WARRANTIES, EXPRESS, IMPLIED,

ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO

THE KEENFINITY ID OR ANY MATTER WHATSOEVER. PROVIDER DISCLAIMS ALL

B. Liability.

The following provisions replace Section 7 of the Terms of Use in its entirety:

“PROVIDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,

OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT OR ANY

OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF

DATA OR ANY OTHER CONTENT , LOST PROFITS, BUSINESS INTERRUPTION, OR ANY

OTHER LOSSES), ARISING OUT OF ANY USE OF THE KEENFINITY ID OR ANY

PROVIDER’S AGGREGATE LIABILITY; TO THE MAXIMUM EXTENT PERMISSIBLE BY

APPLICABLE LAW, ARISING OUT OF OR RELATED TO THE AGREEMENT AND/OR THE

KEENFINITY ID WILL NOT EXCEED 100 US DOLLARS. THE ABOVE LIMITATIONS WILL

APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.”

C. Applicable law and place of jurisdiction.

The following provisions replace Sections 10 of the Terms of Use:

“The Agreement and the KEENFINITY ID, and all disputes between the parties arising out of or related thereto, shall be governed by the laws of the State of Michigan except for its choice of law rules; the United Nations Convention on the International Sale of Goods shall not apply. Any and all disputes, claims, or controversies arising out of or relating to the Agreement and/or the Keenfinity ID — including your use thereof — shall be resolved exclusively in the State of Michigan Circuit Court for the County of Oakland or the United States District Court for the Eastern District of Michigan, both of which you consent to jurisdiction and venue.”

IV. South Africa

This Section IV sets forth provisions that replace, amend or supplement the Terms of Use when User is a resident of South Africa.

A. Applicable Law and Place of Jurisdiction

The following provisions replace Sections 10 of the Terms of Use:

These Terms of Use are subject to the laws of the Republic of South Africa. If you are a consumer, this choice of law shall only apply insofar as it does not deprive you of the protection granted to you by the mandatory legal provisions of the state in which you normally reside. The application of UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

Any and all disputes arising out of or relating to the Agreement and/or the Keenfinity ID, including your use thereof, shall be resolved exclusively in a competent court in Johannesburg, Republic of South Africa.

V. Switzerland

This Section V sets forth provisions that replace, amend or supplement the Terms of Use when User is a resident of Switzerland.

A. Applicable Law and Place of Jurisdiction

The following provisions replace Sections 10 of the Terms of Use:

These Terms of Use are subject to the laws of Switzerland. If you are a consumer, this choice of law shall only apply insofar as it does not deprive you of the protection granted to you by the mandatory legal provisions of the state in which you normally reside. The application of UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

Any and all disputes arising out of or relating to the Agreement and/or the Keenfinity ID, including your use thereof, shall be resolved exclusively in a competent court in Zürich, Switzerland.

VI. Mexico

Versión en Espanol:

CONDICIONES SUPLEMENTARIAS ESPECÍFICAS DE JURISDICCIONES - México.

El presente apartado VI especifica las disposiciones que sustituyen, enmiendan o complementan las Condiciones de uso cuando un usuario es residente de México.

Descargo de responsabilidad por garantía.

Se añaden las siguientes disposiciones como nuevo apartado 2.4 de las Condiciones de uso:

«SALVO QUE SE DISPONGA EXPLÍCITAMENTE EN LA PRESENTE, LA KEENFINITY ID SE

FACILITA "TAL CUAL ES" Y "TAL CUAL SE OFRECE", Y EL PROVEEDOR NO ASUME

NINGUNA GARANTÍA EXPLÍCITA NI IMPLÍCITA DERIVADA DEL CURSO DE LAS

OPERACIONES O DEL USO COMERCIAL O LEGAL EN REFERENCIA A LA KEENFINITY ID

NI A NINGÚN OTRO ASUNTO. EL PROVEEDOR RECHAZA SU RESPONSABILIDAD

SOBRE TODAS LAS GARANTÍAS IMPLÍCITAS, INCLUIDA LA COMERCIABILIDAD, LA

ADECUACIÓN PARA UN FIN EN PARTICULAR, LA CALIDAD SATISFACTORIA, EL TÍTULO

Y LA AUSENCIA DE INFRACCIONES. EL PROVEEDOR NO GARANTIZA QUE LA KEENFINITY ID SEA SEGURA NI QUE CAREZCA DE ERRORES.»

Responsabilidad.

Las siguientes disposiciones sustituyen al apartado 7 de las Condiciones de uso en su totalidad:

«EL PROVEEDOR NO SE CONSIDERARÁ RESPONSABLE DE NINGÚN DAÑO DIRECTO,

INDIRECTO, ESPECIAL, INCIDENTAL O CONSECUENTE, YA ESTÉ BASADO EN UNA

TEORÍA CONTRACTUAL, EXTRACONTRACTUAL O CUALQUIER OTRA TEORÍA LEGAL

(INCLUIDOS, ENTRE OTROS, DAÑOS POR PÉRDIDA DE DATOS O DE CUALQUIER OTRO

CONTENIDO, PÉRDIDA DE BENEFICIOS, INTERRUPCIÓN DE LA ACTIVIDAD

EMPRESARIAL O CUALQUIER OTRA PÉRDIDA) DERIVADO DE CUALQUIER USO DE LA

KEENFINITY ID O DE CUALQUIER DESEMPEÑO DE SUS OBLIGACIONES DE

CONFORMIDAD CON EL ACUERDO (INCLUIDAS, ENTRE OTRAS, EL USO, LA INCAPACIDAD DE USO O LOS RESULTADOS DEL USO DE LA KEENFINITY ID O BIEN INFRACCIONES CONTRA LA SEGURIDAD RELACIONADAS CON LA KEENFINITY ID).

LA RESPONSABILIDAD ACUMULADA DEL PROVEEDOR RELACIONADA O DERIVADA

DEL ACUERDO Y/O LA KEENFINITY ID NO EXCEDERÁ LA CANTIDAD DE 2000 (DOS MIL)

PESOS MEXICANOS. LAS ANTERIORES LIMITACIONES SE APLICARÁN

INDEPENDIENTEMENTE DE SI UNA ACCIÓN SE REALIZA DE FORMA CONTRACTUAL O EXTRACONTACTUAL E INDEPENDIENTEMENTE DE LA TEORÍA RESPONSABILIDAD».

Legislación aplicable y jurisdicción.

Las siguientes disposiciones sustituyen a los apartados 10 de las Condiciones de uso:

«El acuerdo y la Keenfinity ID, así como todas las disputas entre las partes derivadas del presente Acuerdo o relacionadas con él se regirán por las leyes de México, a excepción de la jurisdicción elegida en el mismo; no se aplicará la Convención de las Naciones Unidas sobre los Contratos de Compraventa Internacional de Mercaderías. Toda disputa, reclamación o controversia derivada del presente Acuerdo o relacionada con él y/o con la Keenfinity ID —incluido el uso de la misma por tu parte — se resolverá exclusivamente en los tribunales de Ciudad de México (México), y en ambos casos expresas tu consentimiento con la legislación aplicable y la jurisdicción.»

English Version:

SUPPLEMENTAL TERMS – JURISDICTION-SPECIFIC for Mexico.

This Section VI. specifies provisions that replace, amend, or supplement the Terms of Use when a user is a resident of Mexico.

Warranty Disclaimer.

The following provisions are added as a new Section 2.4 to the Terms of Use:
"UNLESS EXPLICITLY PROVIDED HEREIN, THE KEENFINITY ID IS PROVIDED 'AS IS' AND 'AS AVAILABLE,' AND THE PROVIDER MAKES NO EXPRESS OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE WITH RESPECT TO THE KEENFINITY ID OR ANY OTHER MATTER. THE PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT. THE PROVIDER DOES NOT WARRANT THAT THE KEENFINITY ID WILL BE SECURE OR ERROR-FREE."

Liability.

The following provisions replace Section 7 of the Terms of Use in its entirety:
"THE PROVIDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY (INCLUDING DAMAGES FOR LOSS OF DATA OR CONTENT, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LOSS) ARISING FROM ANY USE OF THE KEENFINITY ID OR PERFORMANCE OF ITS OBLIGATIONS UNDER THE AGREEMENT (INCLUDING THE USE, INABILITY TO USE, OR RESULTS OF USING THE KEENFINITY ID, OR SECURITY BREACHES RELATED TO THE KEENFINITY ID).
THE PROVIDER'S AGGREGATE LIABILITY RELATED TO OR ARISING FROM THE AGREEMENT AND/OR THE KEENFINITY ID SHALL NOT EXCEED 2000 (TWO THOUSAND) MEXICAN PESOS. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER AN ACTION IS BASED ON CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY."

Governing Law and Jurisdiction.

The following provisions replace Sections 10 of the Terms of Use:
"THE AGREEMENT AND KEENFINITY ID, AS WELL AS ALL DISPUTES BETWEEN THE PARTIES ARISING FROM OR RELATED TO THIS AGREEMENT, SHALL BE GOVERNED BY THE LAWS OF MEXICO, EXCLUDING ANY CONFLICT-OF-LAWS PRINCIPLES; THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY. ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING FROM OR RELATED TO THIS AGREEMENT AND/OR THE KEENFINITY ID—INCLUDING YOUR USE OF THE KEENFINITY ID—SHALL BE RESOLVED EXCLUSIVELY IN THE COURTS OF MEXICO CITY (MEXICO), AND YOU EXPRESSLY CONSENT TO THE APPLICABLE LAW AND JURISDICTION."

VII. INDIA.

This Section VII sets forth provisions that replace, amend or supplement the Terms of Use when User is a resident of India.

A. Warranty Disclaimer.

The following provisions are added as new Section 2.4 of the Terms of Use:

“NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT, PROVIDER MAKES

NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR

IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS

FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY RELATING KEENFINITY ID BEING FREE FROM ANY VIRUSES OR ERRORS. THE KEENFINITY ID IS PROVIDED AS IS”.

B. Liability.

The following provisions replace Section 7 of the Terms of Use in its entirety:

“TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, IN NO EVENT SHALL PROVIDER

BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES,

WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY (INCLUDING,

WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR ANY OTHER CONTENT, LOST

PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LOSSES), ARISING OUT OF ANY

USE OF THE KEENFINITY ID OR ANY PERFORMANCE OF ITS OBLIGATIONS UNDER THE AGREEMENT, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE

AGREEMENT AND/OR THE KEENFINITY ID WILL NOT EXCEED THE AMOUNT PAID BY USER TO PROVIDER IN THE SIX MONTHS PERIODS PRECEDING THE CLAIM”.

C. Applicable law and place of jurisdiction.

The following provisions replace Sections 10 of the Terms of Use:

“The Term of Use and any dispute between the parties arising out of or related thereto are subject to the laws of Republic of India. The Parties agree that the exclusive jurisdiction over and venue in any legal proceeding arising out of or relating to this Agreement or the relationship shall be brought before the courts at Bangalore. The application of UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

VIII. Malaysia.

This Section VIII. sets forth provisions that replace, amend or supplement the Terms of Use when User is a resident of Malaysia.

Warranty Disclaimer.

The following provisions are added as new Section 2.4 of the Terms of Use:

“EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE KEENFINITY ID IS PROVIDED “AS IS”

AND “AS AVAILABLE,” AND PROVIDER MAKES NO WARRANTIES, EXPRESS, IMPLIED,

ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE KEENFINITY ID OR ANY MATTER WHATSOEVER. PROVIDER DISCLAIMS ALL

IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT. PROVIDER DOES NOT WARRANT THAT THE KEENFINITY ID WILL BE ERROR FREE OR SECURE.”

Liability.