Keybento

Terms of Service

Last updated: 20 January 2025

Dear members,

Welcome to Keybento. We are Hervé Ky and Ilona Melnychuk, the co-founders. We place our members at the heart of everything we do and are committed to ensuring you have the best possible experience when using our services.

Our full terms of service are below but we wanted to make the basics clear in plain language.

  • You can be a subscriber, or a non-subscriber and still swap your home. If you become a subscribing member, you'll only pay when you find your first swap. When you sign up, you don’t have to pay. We’ll charge the annual subscription fee only when you find your first swap. We will send you an email at least 30 days before your Auto-Renewal.
  • You can cancel easily whenever you’d like. If you cancel your subscription you'll still have access to your profile and you can still swap. The only difference is that you will pay higher nightly rates.
  • Your home is protected with a €50,000 guarantee to protect your home contents in case of any damages or losses caused by a guest, subject to terms and conditions.
  • The rest is quite standard: Everyone is welcome at Keybento, but we reserve the right to deny our services to anyone who does things that are not appropriate, like stealing our content, nor respecting our members, or trying to do something illegal (we hope nothing like that happens).

Finally, if you have any questions, don’t hesitate to reach out to us at heretohelp@keybento.com.

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Thank you,

Hervé Ky & Ilona Melnychuk

Keybento co-founders

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Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations.

YOUR ATTENTION IS PARTICULARLY DRAWN TO THE LIMITATIONS OF LIABILITY SET OUT IN CLAUSE 16 and 17.

By registering to become a Member, you agree to comply with and be bound by these Terms of Service (as they may be amended from time to time). If you do not accept any of these Terms of Service, you should not become a Member or use our Platform. Please also read our Privacy Policy which also apply to your use of our Platform and your membership.

Please use the Glossary to understand the meaning of some of the terms used in bold in these Terms of Service. Other terms are defined throughout these Terms of Service.

If you have any questions about anything in these Terms of Service, please get in touch with us at heretohelp@keybento.com.

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1. OVERVIEW OF OUR ROLE AND HOW THE SERVICES WORK

1.1. When we talk about “KeyBento”, "we", "our" or "us" in these Terms of Service, we are referring to KeyBento Ltd., a company incorporated and registered in England and Wales with company number 14594511, whose registered office is in London, UK.

1.2. Host and Guests are together referred to as "Members" or individually as "you".

1.3. We operate the website and/or mobile application at www.keybento.com and on the KeyBento messaging group ("Platform").

1.4. We provide an introduction service and provide the Platform for Members to find and connect with each other. We may be involved directly in discussions between Members or the arrangement or performance of any Swap but are not a party to any agreements you may make with other Members.

1.5. In consideration of Members paying a membership fee and complying with the requirements of these Terms of Service, we will provide the following services (“Services”):

1.5.1 Hosting and maintaining the Platform to enable Hosts and Guests to make their property available to the members; and/or

1.5.2 our other services as set out in section 3; and

1.5.3 making the content on the Platform available to Members.

1.6. We will provide the Services to you for the period specified in your membership plan (usually 12 months).

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2. SEPARATE AGREEMENT BETWEEN MEMBERS

2.1. When you arrange a Swap via our Platform, you are entering into an agreement between yourself and a Guest or Host (as applicable). It is entirely your responsibility to ensure that the requirements of the Home Listing and Member Profile are in line with your expectations and experience. We do provide guidance on how best to arrange a Swap, however this is provided for information purposes only and any arrangements you come to are part of the separate agreement between you and the Guest or Host (as applicable). You agree that the requirements of Guest or Host set out in clauses 5.2 and 5.3 of these Terms of Service form part of the separate agreement between you and the Guest or Host (as applicable).

2.2. We are not party to any agreement, contractual or otherwise, between a Guest or Host.

2.3. You should use your best judgement before arranging a Swap, or otherwise interacting with other Members via the Platform. You are solely responsible for making decisions that are in your best interests, including in relation to properties.

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3. THE SERVICES WE PROVIDE FOR MEMBERS

In addition to the services described in clause 1.5 above, we provide the other services set out in this clause to Hosts and Guests.

3.1. The services we provide for Hosts and Guests are:

3.1.1. the ability to create an Home Listing including creating a comprehensive Welcome Book (Rules, Instructions, Asks and Recommendations);

3.1.2. the ability to communicate with a member via the messaging service on the Platform;

3.1.3. the ability to choose and confirm a Swap via the Platform;

3.1.4. the ability to leave a Review for a Member who has completed a Swap;

3.1.6. Membership Service Support;

3.1.7 a €50,000 guarantee provided by a third party provider to our members, where hosts have suffered contents damage or loss caused by a guest, subject to terms and conditions

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4. THE SERVICES WE DO NOT PROVIDE TO MEMBERS

4.1. We do not provide the following or any guarantees or assurances for any of the following:

4.1.1. confirmation of arrangements including dates of Swap;

4.1.2. whether the Swap will go ahead as arranged;

4.1.3. that your Home Listing or Member Profile will be approved by us;

4.1.4. that you will be matched with another Member to commence a Swap.

4.2. We do not provide any if the following:

4.2.1. arranging a Swap;

4.2.2. house swapping; the Platform is available for Members to search, connect and communicate with each other;

4.2.3. Verification Checks on Member – a third-party provider carries out a Verification Check (including name, email address, phone), which is a requirement of confirming a Swap;

4.2.4. endorsement of or checking the accuracy of the Member’s Home Listing;

4.2.9. endorsement of any Reviews provided by Members;

4.2.10 insurance policies – the plans referred to in clause 3 above are not insurance policies and are not intended to take the place of any insurance obtained or obtainable by you (see clause 5). We are not authorised or regulated as an insurance provider and are unable to provide or arrange insurance of any kind.

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5. REQUIREMENTS OF HOSTS AND GUESTS

5.1. The following applies to all Members. You will:

5.1.1. be an individual who is at least 21 years old;

5.1.2. pay the membership fees on time;

5.1.3. comply at all times in full with these Terms of Service;

5.1.4. comply with the Member Code of Conduct ;

5.1.5. register for an account on the Platform and provide accurate information about yourself (including name, email address and phone number) which you will keep up to date. Our collection and use of your personal information is described in our Privacy Policy.;

5.1.6. keep your login and password details confidential and prevent any unauthorised access to, or use of, the Services via your Account;

5.1.7. promptly notify us of any unauthorised use of your Account;

5.1.8. not create a fake identity or impersonate anyone else;

5.1.9. not create an Account in breach of any of our policies listed in this sub-paragraph 5.1, and the Privacy Policy;

5.1.10. only upload images of a certain format, size and resolution in accordance with our specifications (that will be notified to you at the time);

5.1.11. only use the Services for domestic and private use, and will not use the Services in connection with any business or other organisation or for any commercial purpose whatsoever;

5.1.12. respond to communications from other Members in a timely manner, but in any event, within 72 hours;

5.1.13. only cancel a Swap (or complete a Swap early) if there are extraordinary circumstances and you will immediately notify the Host or Guest (as applicable) of this.

5.1.14. not access or use all or any part of the Platform or Services to build a product or service which competes with the Services or the Platform; nor use the Platform or Services to make similar arrangements with third parties who are not Members outside of the Platform;

5.1.15. not attempt to copy (in any way possible), modify, transmit or distribute all or any portion of the Platform (including any software) in any form or media or by any means; and

5.1.16. not be residing in a jurisdiction which our financial service provider has deemed high risk, such as Iran, Cuba, North Korea, Crimea region, and Syria.

5.2. The following applies to Host. You will:

5.2.6. evaluate the suitability of Guest for yourself via direct communication with them where appropriate;

5.2.7. ensure that the details of your Home Listing are accurate and up to date;

5.2.8. ensure that the details in your Welcome Book are accurate and up to date in advance of the start of the Swap;

5.2.9. only provide Member Content that accurately reflects the quality and condition of your home;

5.2.10. not have any pets which aren’t explicitly listed in the details of the Home Listing;

5.2.11. ensure your home is vacated for a Guest throughout the duration of the Swap, and that no third parties will interfere with the Guest’s enjoyment of your property (unless agreed between you and your Guest);

5.2.12. ensure that all Swaps will be completed within your current membership term (unless we have given you written permission otherwise)

5.2.13. not having internal recording or monitoring devices enabled during a Swap.

5.2.14. give Guests prior notice of any weapon that will be present in your premises during a swap. All weapons that are present at your premises must be properly stored and secured and where possible, out of sight. All weapons present in a listing must be secured regardless of whether they’ve been disclosed.

5.3. The following applies only to Guests. You will:

5.3.1. not require or demand any form of payment for carrying out a Swap;

5.3.2. abide by all of the Hosts requests or instructions that are stipulated in their Home Listing and Welcome Book;

5.3.3. immediately contact the Host in the event of any damage to property. Contact KeyBento at heretohelp@keybento.com if you need additional assistance.

5.3.4. only upload Member Content that accurately reflects your swap experience;

5.3.5. not allow any other person(s) to participate in the swap unless they have been approved in writing by the Hosts;

5.3.6. ensure that all Swap will be completed within your current membership term (unless we have given you written permission otherwise).

5.3.7. Guests may not bring firearms or other weapons into a Host’s home.

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6. CONSEQUENCES OF NOT COMPLYING WITH REQUIREMENTS FOR MEMBERS

6.1. If a Member does not comply with the Requirements of Hosts and Guests (set out in clause 5) the following shall apply. We may:

6.1.1. issue you with a warning;

6.1.2. suspend your Account so you will not be able to access the Services during the suspension term;

6.1.3. permanently block your access to the Services;

6.1.4. immediately terminate your membership and delete your Home Listing and/or remove your Member Profile;

6.1.5. report any offences committed to the appropriate authority;

6.2. The application of these sanctions is entirely at our discretion and we can choose whether to apply any one or all of them at any time.

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7. MEMBERSHIP FEES AND MEMBERSHIP TYPES

7.1. You will pay the Membership Fee in order to access the Services. All membership fees are as stated on the Platform.

7.2. Your membership is annual. You will pay the initial Membership Fee in the secure payment section of the Platform. Your membership will be automatically activated on that date (“Activation Date”).

7.4. All amounts and fees stated or referred to in these Terms of Service shall be payable in the currency available and selected by the Member on the Platform.

7.5. At the end of your current membership term we will automatically take the payment of the Membership Fee unless you notify us that you want to cancel (“Auto-Renewal”), for which see clause 8.

7.6. It is up to you to keep your details registered with us (e.g. billing information, payment card details and email address) accurate and up to date in order for us to take a payment for Auto-Renewal.

7.7. We may change the pricing of any of our Services at any time and where we do so, we will email you. We will aim to give you at least 30 days’ notice of any such pricing increase.

7.8. Please note that all payments made under these Terms of Service are processed by a third party (Stripe, Inc.), however, we are committed to protecting your personal data and so it will be handled in accordance with our Privacy Policy.

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8. CANCELLATION OF YOUR AUTO-RENEWAL

8.1. We will send you an email at least 30 days prior to your Auto-Renewal.

8.2. If you do not wish to Auto-Renew at the end of your membership term you must cancel your Auto-Renewal by notifying us by email heretohelp@keybento.com. You must cancel your Auto-Renewal at least 7 days before the date of your Auto-Renewal payment. You are solely responsible for timely cancellation.

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9. COOLING OFF PERIOD

9.1. We will refund the Membership Fee if you notify us within 14 days of the Auto-Renewal date that you do not wish to Auto-Renew. However, you cannot cancel within this 14 day period if you have confirmed a Swap during that time, or have a Swap that exceeds the end-date of this current membership.

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11. CONTENT AND PLATFORM OWNERSHIP

11.1. You hereby acknowledge and agree that we own all intellectual property rights in the Platform and/or Services. This includes the (i) technology and software used to provide the Platform and/or Services; (ii) the content on the Platform (save in respect of any Member Content); and (iii) any trademarks and logos. You hereby acknowledge and agree that you do not have any intellectual property rights to, or in, the Platform or Services.

11.2. Member Content that you provide or upload to the Platform belongs to you. You hereby confirm that you have created the Member Content that you provide and/or upload to the Platform and you are the author of the Content (Reviews, Feedback, References) that you provide and that our use of both will not infringe the rights of any third party. If you infringe the intellectual property rights of any third-party, and we suffer a loss or incur an expense, you may be required to pay us compensation.

11.3. You hereby assign to us with full title guarantee all intellectual property rights in all Content (Reviews, Feedback, References) and you hereby waive any claims you may have in the Content (Reviews, Feedback, References). This means we own the Content (Reviews, Feedback, References) and have the right to edit or delete any Content (Reviews, Feedback, References).

11.4. You hereby grant us an irrevocable, perpetual, non-exclusive, sub-licensable, royalty-free worldwide licence to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Member Content in connection with providing and/or promoting the Platform and the Services.

11.5. You hereby confirm that any content you upload to the Platform will not violate the Code of Conduct, or these Terms of Service.

11.6. Member Content uploaded to the Platform is not verified or independently approved by us. Any reliance that you may place on Member Content on the Platform is at your own risk. You should always use your own independent judgement when relying on Member Content.

11.7. We have the right to remove any content you upload on our Platform if, in our opinion, your content does not comply with these Terms of Service.

11.8. If you wish to contact us in relation to content you have uploaded to our Platform and that we have taken down, please contact us at heretohelp@keybento.com.

11.9. If you believe that any content which is distributed or published by the Platform is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details linked above.

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12. DISPUTES BETWEEN MEMBERS

12.1. We will help Members resolve disputes through a third party mediator to ensure that there is no conflict of interest. If you seek to resolve a dispute, please contact us at heretohelp@keybento.com.

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13. YOUR RIGHTS

13.1. As a consumer, you have legal rights in relation to the Platform and/or Services. Advice about your legal rights is available from: (I) in the UK, the Citizens’ Advice Bureau or Trading Standards office, (II) in the USA, the Bureau of Consumer Protection for instance.

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14. OTHER IMPORTANT TERMS

14.1. These Terms of Service are a contract between you and us and only you and us have the right to enforce them.

14.2. You agree that you are not our employee, partner, agent or legal representative of any kind. You will not make any statements, representations or commitments of any kind, or take any action that could legally bind us.

14.3. If we do not take any action against you this does not mean that we forego any rights we may have under these Terms of Service.

14.4. If any part of these Terms of Service are found to be invalid, unenforceable or illegal, (“the Offending Part”) the Offending Part will be severed but the remaining provisions will remain in full force and effect. If the Offending Part belongs to a provision that is enforceable or legal, then the whole clause shall be modified so as to give effect to the intention of the parties.

14.5. You will not assign or transfer any of your rights or obligations under these Terms of Service to any other person.

14.6. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under these Terms of Service, provided that your rights and obligations are not affected.

14.7. We may amend these Terms of Service from time to time, however, we will aim to give you advance notice of any major changes.

14.8. On termination of these Terms of Service, the clauses of these Terms of Service that reasonably should survive termination will remain in effect.

14.9. Any notice we give you will be sent by email to the email address linked to your Account.

14.10. If we cannot perform the Services for you because of events beyond our reasonable control (e.g. strikes, lock-outs or other industrial disputes whether involving our workforce or any other party, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm) we will suspend the Services for the duration of said event. If these events cannot be resolved in a reasonable period of time (which we will determine based on the circumstances), we may cancel your membership and refund any part of the Membership Fee which applies to the future period of your membership which we have cancelled.

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15. LAW AND WHERE TO BRING PROCEEDINGS

15.1. These Terms of Service shall be governed and construed in accordance with English law. However, this does not exclude any mandatory legal rights you may have in your country of residence, where we are not allowed to exclude such as a matter of law.  The English courts will have jurisdiction but this does not affect your ability to make a claim in your country of residence where you have this right.

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16. LIMITATION OF LIABILITY

16.1. Please read these following clauses carefully as they set out (i) what we do not accept responsibility for; (ii) what we do not take responsibility for; and (iii) what you assume responsibility for.

16.2. As noted above, we provide an introduction service and provide the Platform for Members to find and connect with each other. We are not involved directly in discussions between Members or the arrangement or performance of any Swap and are not a party to any agreements you may make with other Members. The responsibilities and liabilities we assume reflect our role.

16.3. While we may provide a Verification stamp and /or a Background stamp, such stamps are not guarantees, or endorsements, including of quality, character or ability or willingness of a Guest or Host. We do not make any representations or warranties regarding the reliability of the Screening Checks or the accuracy, timeliness or completeness of any information in such checks. We do not independently verify information in the Screening Checks.

16.4. We try to make sure that the Platform is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on the Platform is at your own risk. We make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.

16.5. Any content is provided for your general information. No content on the Platform constitutes technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgement when using our Platform and its content.

16.6. The Platform may contain hyperlinks or references to third party advertising and websites other than the Platform. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.

16.7. WE DO NOT ACCEPT ANY LIABILITY OR RESPONSIBILITY FOR THE FOLLOWING:

16.7.1. any additional sums incurred by the Member as a result of the processing of their Membership Fee (such as bank charges);

16.7.2. any loss of income or loss of savings you may suffer or extra costs you incur arising from a Swap or the performance/non-performance of a Swap. ;

16.7.3. the retention, deletion or loss of your Member Content. It is your sole responsibility to maintain backup copies of your Member Content; or

16.7.4. anything related to the services we make clear we do not provide as set out in clause 4;

16.7.6 the responsibilities and liabilities you assume as set out in clause 16.6.

16.8. You assume full responsibility for the choices you make before, during and after a Swap. You agree that as part of a Swap you enter into a contract between yourself and an Host or Guest (as set out in clause 1.3 above) and you assume all of the associated risks of a Swap, including the following and the risks that could arise from the following:

16.8.1. evaluating and determining the suitability of a Host or Guest for a Swap and assessing whether to arrange a Swap;

16.8.2. health risks, such as illness, bodily injury, disability, or death;

16.8.3. property risks such as theft, damage, loss or destruction of your home, its contents and your other belongings;

16.8.4. the Screening Check as these are carried out by a third party provider;

16.8.5. the care and supervision of any minors;

16.8.6. the care and supervision of any pets;

16.8.7. any travel and subsistence costs; or

16.8.8. the information you share in your Welcome Book;

16.8.9. invasion of privacy (e.g. by use of CCTV or monitoring equipment).

and you hereby agree that we have no liability to you in respect of any of these risks.

16.9. To the maximum extent permitted by law (e.g. we are not negligent and do not owe you a duty of care) you agree that we are not liable for any injury, death, loss or harm that occurs to anyone during a Swap or in any way related to a Swap.

16.10. In no event shall we (including our employees, agents and subcontractors) be liable for any losses arising out of your breach of these Terms of Service or if you fail to follow any reasonable instructions we may give you.

16.11. We are responsible for:

16.11.1. death or personal injury caused by our negligence;

16.11.2. fraud or fraudulent misrepresentation carried out by our employees;

16.11.3. intentional, wilful or wanton misconduct of our employees;

16.11.4. performing the services with reasonable skill and care; or

16.11.5. any other liability that cannot be excluded by law (including the UK’s Consumer Rights Act 2015).

16.12. We are responsible for any loss or damage caused by us that is foreseeable as a result of us breaching these Terms of Service or failing to use reasonable skill and care, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time these Terms of Service were entered into.

16.13. Our maximum liability to you under these Terms of Service is limited to the Membership Fee you paid for the relevant 12 month membership period.

16.14. You will reimburse us for all losses and expenses that we suffer as a result of a third party bringing a claim against us due to your breach of these Terms of Service.

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17. ADDITIONAL OR DIFFERENT TERMS FOR MEMBERS BASED IN THE USA

If your country of residence is the USA, the following terms apply to you and in the event of a conflict between the rest of these Terms of Service and this clause 17, this clause 17 shall control to the extent of the conflict:

17.1 These Terms of Service will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict of law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in clause 17.2 below must be brought in state or federal court in King County, Delaware, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in King County, Delaware.

17.2 Dispute Resolution and Arbitration for US Members

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  1. This clause 17.2 (this “Arbitration Agreement”) only applies to you if your country of residence is the United States. If your country of residence is not the United States, and you nevertheless attempt to bring any legal claim against us in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this clause 17.2 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
  2. This clause 17.2 (this “Arbitration Agreement”) only applies to you if your country of residence is the United States. If your country of residence is not the United States, and you nevertheless attempt to bring any legal claim against us in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this clause 17.2 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
       
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  3. At least 30 days prior to initiating an arbitration, we each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to us by mailing it to our representative at heretohelp@keybento.com . We will send our notice of dispute to the email address associated with your account. A notice of dispute must include: our name and contact information (if you are sending the notice) or your name and contact information (if we are sending the notice), a brief description of the dispute, and the relief sought. If you and us are unable to resolve the dispute within the 30-day period, only then may either of us commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org). www.adr.org).
  4. We mutually agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Platform, Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, we each agree that the arbitrator will decide that issue.
  5. Exceptions to Arbitration Agreement. We each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by clause 17.1): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the Platform or Services. We each agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
  6. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
  7. In order to make the arbitration most convenient to you, we agree that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in King County, Delaware; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.
  8. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defence that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
  9. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgement on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
  10. We each acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
  11. We each acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
  12. Except as provided in clause 17.2.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

17.3 If we change this clause 17.2 after the date you last accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and us (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and us.

  1. Auto-Renewal for Paid Subscriptions
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17.4 As part of the Services, you may receive communications through the Services, including messages that we send you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want us to send you information that we think may be of interest to you, which may include KeyBento using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from us, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from us. You agree to indemnify and hold us harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

17.5 We provide the Platform on an “as-is” basis and make no representations, warranties or guarantees of any kind and we disclaim all warranties, whether express or implied, that the content on our Platform is accurate, complete or up to date. The disclaimers in these Terms of Service apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties will be limited to the maximum extent permitted by law.

17.6 You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume all risk arising out of your use of the Platform and any Member Content, including your interactions with other Members.

17.7 We are not liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms of Service, (ii) the use of or inability to the use the Platform, (iii) any communications with any other Members through your use of the Platform, or (iv) any Member Content, whether based on warranty, contract, tort (including negligence), or product liability. In no event will our aggregate liability for any claim or dispute arising out of or in connection with these Terms of Service, your interaction with any Members, or your use of or inability to use or receive the Platform, Member Content, or any Services, exceed the greater of the amounts you paid to us in the 12-month period before the event giving rise to the liability or one hundred U.S. dollars ($100.00). These limitations of liability are fundamental elements of your agreement with us. If applicable law does not allow the limitations of liability set out in these Terms of Service, the above limitations may not apply to you.

17.8 To the maximum extent permitted by applicable law, you agree to release, defend (at our option), indemnify, and hold us (including our affiliates and our and their respective personnel) harmless from and against any and all claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms of Service or any other document or policy referenced herein; (ii) your improper use of the Platform; (iii) your interactions with any other Members (such as, by way of example and without limitation, any agreement between you and any other Member and its performance or non-performance, the performance of a Swap and/or any dispute relating to your interactions with any other Member), including without limitation any injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind relating to such interactions; and (iv) your violation of any laws, rules, regulations, or third party rights, including without limitation intellectual property and privacy rights.

17.9 References throughout the Terms of Service to specific laws that do not apply to individuals outside the applicable jurisdiction (e.g., the UK’s Consumer Rights Act 2015) do not apply to Members residing outside the applicable jurisdiction.