End User Licence Agreement

PLEASE READ THIS LICENCE AGREEMENT CAREFULLY. YOU AGREE TO THESE TERMS WHEN YOU DOWNLOAD, INSTALL, ACCESS, OR USE ANY OF OUR SOFTWARE, APPLICATIONS, OR SERVICES.

This End User Licence Agreement ("Agreement") is a legal agreement between you ("you" or "your") and KeyStone ("Licensor", "us", "we" or "our") for:

• All software applications, platforms, websites, mobile applications, desktop applications, browser extensions, APIs, and digital tools developed, published, or operated by KeyStone (collectively, the "Software"), including but not limited to KeyStone, DarkRef, and any associated media, together with any updated versions, patches, or modifications; and
• Any online or offline documentation, guides, tutorials, or other materials made available by us in connection with the Software (including on any app store, marketplace, or website listings) (the "Documentation").

We licence use of the Software and Documentation to you on the basis of this Agreement. We do not sell the Software or Documentation to you. At all times, we remain the owner of the Software, the Documentation, and all content made available to you. References to KeyStone include its founders, operators, affiliates, successors, and assigns, whether or not KeyStone is incorporated as a legal entity at the time of your use.

Eligibility

To access and use the Software, you must be at least thirteen (13) years of age or the minimum age required by the laws of your country of residence, whichever is higher. If you are below the legal age of majority in your country of residence, you must ensure that your parent or legal guardian has read these terms and agreed to them on your behalf. By downloading or using the Software, you confirm that you are either: (1) of the legal age of majority in your country of residence; or (2) at least thirteen (13) years of age and have obtained parental or legal guardian permission. We may immediately terminate your account and stop your access to the Software if we are not satisfied that the required consent has been given.

System Requirements and Connectivity

Where applicable, minimum and recommended system requirements are made known to you prior to download on the relevant app store listing, website, or Documentation. The minimum system requirements may change over time as the Software evolves. You acknowledge and agree that it is your responsibility, not ours, to maintain and/or upgrade your equipment and connectivity to enable continued use of the Software.

Certain features of the Software may require a live and functioning internet connection. It is your responsibility to maintain such a connection where required. We are not liable for any reduced functionality or inability to use the Software arising from your internet connection or lack thereof.

BY DOWNLOADING, INSTALLING, ACCESSING, OR OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO DOWNLOAD, INSTALL, OR USE THE SOFTWARE.

AGREED TERMS

1. Grant and Scope of Licence

1.1 In consideration of you agreeing to abide by the terms of this Agreement, the Licensor hereby grants to you, and you hereby accept, a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install, and use the Software on your compatible devices ("Devices"). Any and all uses of the Software (including any further content, however obtained) are subject to the terms of this Agreement.

1.2 You may:

• install and use the Software for only personal, non-commercial purposes (unless otherwise expressly permitted under a separate commercial agreement with us), and the Software and Documentation are not to be used or exploited in any other way;
• receive and use any supplementary code or updates of the Software incorporating patches, bug fixes, security updates, and corrections of errors as may be provided by us from time to time (but see sections 1.3 and 1.4); and
• use any cloud synchronisation, backup, or online features included in the Software, subject to any applicable subscription terms.

1.3 We may update or modify the Software by way of patches or require you to update the Software from time to time, to include additional security features, bug fixes, performance improvements, or new functionality. We may do this without your knowledge, and you hereby provide your consent to us deploying, installing, and applying such patches, updates, and modifications to the copy of the Software on your Devices, either when you launch the Software or automatically in the background, with or without additional notification to you. If you do not agree to install updates or seek to disable such features, certain functionality of the Software may be impaired and the licence granted to you may be terminated.

1.4 We give no guarantees or commitments as to supporting the Software on all Devices or platforms. The Software may be upgraded to reflect changes in operating system requirements from time to time, but the Licensor makes no promises or guarantees as to the duration for which the Software will be supported on any particular system specification, operating system version, or platform.

1.5 You acknowledge that we are granting you a licence to use the Software in accordance with the terms of this Agreement and that this licence does not give any rights of ownership in the Software. We reserve the right to modify, suspend, or discontinue the Software or any part of it at any time, with or without notice. This includes the right to shut down servers, discontinue platforms, or permanently cease offering the Software. We shall not be liable to you as a result of any modification, suspension, or discontinuation of the Software.

2. Restrictions

2.1 Any use of the Software in breach of the limitations set out below (or as may otherwise be set out in this Agreement) is an unauthorised use and will therefore be outside of the licensed use granted to you and will be regarded as an infringement of our rights in copyright and other intellectual property in the Software. Except as expressly set out in this Agreement or as permitted by any local law, you undertake:

• not to: (i) rent, lease, sub-licence, distribute, loan, translate, merge, adapt, vary, alter, or modify the whole or any part of the Software or Documentation; nor (ii) permit the Software or any part of it to be combined with, or become incorporated in, any other programs that are not provided by us; nor (iii) use any part of the Software for commercial purposes unless expressly authorised by a separate written agreement;
• not to disassemble, decompile, derive source code from, reverse engineer, or create derivative works based on the whole or any part of the Software nor attempt to do any such things, except to the extent as may be permitted by applicable law;
• not to access or attempt to access areas of the Software, associated services, or servers which are not readily available to users;
• not to modify or cause to be modified any files that are part of the Software in any way not expressly authorised by us, nor to remove any proprietary notices, labels, or marks;
• not to provide, or otherwise make available, the Software in any form, in whole or in part (including but not limited to program listings, object code, and source code) to any person without prior written consent from us;
• not to disrupt or assist in the disruption of any computer, server, or network used to support or deliver the Software or disrupt any other user's experience of using the Software;
• not to transmit or facilitate the transmission of a virus, trojan horse, worm, time bomb, keystroke logger, or other code or computer programming routine which can alter, damage, detrimentally interfere with, intercept, mine, scrape, or otherwise remove any data or personal information from the Software;
• not to use any third-party program or tool that has the effect of modifying the Software or the user experience in any unauthorised way, including but not limited to mods, hacks, cheats, scripts, bots, or any other form of program that interacts with the Software in any way not intended by us;
• not to use the Software to scrape, harvest, or collect data (including personal data of other users) in any automated or systematic manner;
• to comply with, and not seek to circumvent, all applicable technology control or export laws and regulations;
• not to engage in any other conduct or action which is prohibited by this Agreement or which we, at our sole and exclusive discretion, determine is contrary or harmful to the proper use of the Software or the interests of other users, regardless of whether such conduct or action is expressly listed in this Agreement.

2.2 We reserve the right, at our discretion, to determine what actions or conduct may be in breach of section 2.1 or of the other terms of this Agreement, and to take any disciplinary measures for any such breach as we may see fit, up to and including termination of the licence granted and of this Agreement, in which case section 8 shall apply.

3. Intellectual Property Rights

3.1 You acknowledge that all intellectual property rights in the Software, the Software Content (as referred to in section 3.3), and the Documentation throughout the world either belong to us or have been licensed to us and that any rights in the Software, the Software Content, and the Documentation are merely licensed to you and are therefore not sold to you. You have no intellectual property rights in, or to, the Software, the Software Content, or the Documentation other than the right to use them in accordance with the terms of this licence.

3.2 Your account (if applicable), including without limitation all attributes, preferences, stored data, virtual goods, subscription entitlements, and associated content (collectively, the "Account"), are the sole property of us. You may not purchase, sell, transfer, or trade any Account, or offer to do so, and any such attempt shall be null and void. You acknowledge and agree that you have no ownership of or other property interest in any Account. You must not share an Account with anyone or allow any other person to access your Account or offer to do so for any purpose.

3.3 The intellectual property rights that we either own or have a licence for include, by way of example and non-exhaustively, the Software's titles and names, all computer code, all artwork, icons, logos, images, and other content found within the Software, user interface designs, structural and layout designs, animations, sounds, musical recordings and compositions, and any related documentation ("Software Content"). The Software Content is protected by copyright and other laws of the United Kingdom, and by copyright laws and treaties around the world.

3.4 The Software Content may include materials licensed to us from third parties who may seek to enforce their rights if you breach the terms of this Agreement.

3.5 We reserve all rights in and in connection with the Software and the Software Content, including the exclusive right to create derivative works.

3.6 Any use, reproduction, distribution, or modification of the Software or any Software Content outside of the limited permissions granted by this Agreement is expressly prohibited.

4. Subscriptions, Payments, and In-App Purchases

4.1 Certain features of the Software may be available on a subscription or paid basis. Where applicable, subscription terms, pricing, and billing cycles will be presented to you prior to purchase. By subscribing or making an in-app purchase, you agree to the pricing and payment terms as presented at the time of purchase.

4.2 Subscriptions may be managed and cancelled through the relevant app store or platform (e.g. Apple App Store, Google Play Store, or our website). It is your responsibility to manage your subscription and cancellation through the appropriate platform. We are not responsible for charges incurred due to failure to cancel.

4.3 Prices may be changed at any time, but price changes will not affect any active subscription period that has already been paid for. We will endeavour to give reasonable notice of any price changes.

4.4 Refunds for subscriptions or in-app purchases are subject to the refund policies of the relevant app store or platform through which the purchase was made. We do not provide direct refunds except where required by applicable law or where the relevant platform directs you to us.

4.5 We reserve the right to modify, limit, or discontinue any paid features, subscription tiers, or in-app purchases at any time. In the event that a paid feature is discontinued, we will use reasonable efforts to provide notice and, where applicable, honour existing subscription periods.

4.6 By providing payment information and authorisation to the relevant app store, payment processor, or directly to us, you confirm that you are an authorised user of the payment method being used for the transaction. We are not liable for payments that are not properly authorised.

5. User Content and Data

5.1 You retain ownership of any content, data, or materials you create, submit, upload, or store through the Software ("User Content"). By using the Software, you grant to us a worldwide, non-exclusive, royalty-free licence to host, store, transmit, cache, and display your User Content solely as necessary to provide and operate the Software and its features (including synchronisation, backup, and cloud services).

5.2 You represent and warrant that: (a) you have all necessary rights to submit User Content; (b) your User Content does not infringe upon or violate any third-party rights, including intellectual property, privacy, or publicity rights; and (c) your User Content complies with all applicable laws and regulations.

5.3 We are not responsible for monitoring, reviewing, or moderating User Content, but we reserve the right to remove or disable access to any User Content that we determine, in our sole discretion, violates this Agreement or applicable law.

5.4 You are solely responsible for maintaining your own backups of User Content. We do not guarantee the preservation, availability, or integrity of any User Content stored through the Software. We shall not be liable for any loss, corruption, or deletion of User Content, howsoever caused.

6. Beta and Development Status

6.1 You acknowledge and agree that the Software or certain features thereof may be in beta, development, or early-access phases. Such Software is provided for testing and evaluation purposes and is not guaranteed to perform at any particular standard. The Software may contain bugs, errors, defects, and vulnerabilities. Features may be incomplete, change substantially, or be discontinued without notice.

6.2 Data loss, service interruptions, and other failures may occur. You assume all risks associated with using beta or early-access Software and agree that we shall not be liable for any consequences arising from the beta or development status of the Software.

7. Disclaimers

7.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE AND THE DOCUMENTATION ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE BUG-FREE, ERROR-FREE, UNINTERRUPTED, OR AVAILABLE AT ALL TIMES, NOR THAT IT WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE, HARDWARE, OR SYSTEM, NOR THAT ANY ERRORS OR BUGS CAN BE CORRECTED.

7.2 This Agreement shall not limit or exclude any rights you might have as a consumer that may not be excluded or limited under applicable law.

7.3 YOU ACKNOWLEDGE THAT THE SOFTWARE HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS OR EXPECTATIONS AND THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR DEVICES ARE SUITABLE FOR AND CAPABLE OF RUNNING THE SOFTWARE.

7.4 We do not warrant, endorse, or assume responsibility for any third-party software, services, or content that may be accessed through or integrated with the Software.

8. Limitation of Liability

8.1 We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Agreement was made, both we and you knew it might happen. We shall not be liable for any indirect, consequential, or special losses.

8.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, officers, agents, or subcontractors, or for fraud or fraudulent misrepresentation.

8.3 The Software is for domestic and private use only (unless otherwise expressly agreed). If you use the Software for any commercial or business purpose not otherwise expressly permitted by this Agreement, we will have no liability to you for any loss of profit, loss of business, loss of goodwill, business interruption, or loss of business opportunity.

8.4 TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, OUR TOTAL LIABILITY TO YOU, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND INCLUDING ANY LIABILITY FOR LOSSES, COSTS, EXPENSES, OR DAMAGES, SHALL NOT EXCEED THE LOWER OF: (A) THE AMOUNT YOU HAVE PAID TO US FOR THE SOFTWARE OR SUBSCRIPTIONS DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE OF THE CAUSE OF ACTION FIRST ARISING; OR (B) ONE HUNDRED POUNDS STERLING (£100).

8.5 Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the fullest extent permitted by law.

9. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS KEYSTONE, ITS FOUNDERS, OPERATORS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBTS, AND EXPENSES (INCLUDING REASONABLE LEGAL FEES) ARISING FROM OR RELATED TO: (A) YOUR USE OF AND ACCESS TO THE SOFTWARE; (B) YOUR VIOLATION OF THIS AGREEMENT; (C) YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY, PRIVACY, OR OTHER RIGHTS; (D) YOUR USER CONTENT; OR (E) YOUR VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS.

10. Termination or Suspension

10.1 We may, in our sole discretion, suspend for any length of time or terminate your access to the Software at any time, for any or no reason, with or without notice. For purposes of explanation and not by way of limitation, suspension or termination may result from a breach of this Agreement, us no longer offering the Software either generally or in your region, or if doing so is in the best interests of other users or the rights of a third party (all at our sole discretion).

10.2 Without limiting the generality of section 10.1, we may terminate this Agreement immediately if you commit a material or persistent breach of any of the provisions of this Agreement.

10.3 If you wish to terminate this Agreement, you may do so by irretrievably deleting the Software from your Device(s) and ceasing all use.

10.4 Upon termination for any reason:

• our ownership of the Software, and any rights you have granted us to use content you have supplied through operation of the Software, will continue even after your licence is suspended or terminated;
• all rights granted to you under this Agreement shall cease and any data or content associated with your account may be deleted, without any requirement to compensate you;
• you must cease all activities authorised by this Agreement, including accessing and using the Software;
• you must immediately delete or remove the Software from all devices in your possession and, if we so request, certify to us that you have done so; and
• sections 3, 7, 8, 9, and 12 shall continue to apply.

11. Third-Party Platforms and App Stores

11.1 The Software may be made available through third-party platforms, app stores, or marketplaces (including but not limited to the Apple App Store, Google Play Store, Microsoft Store, and others). You acknowledge that this Agreement is between you and us, and not between you and any third-party platform operator.

11.2 Your use of the Software is also subject to any terms and conditions imposed by the relevant app store or platform. In the event of any conflict between this Agreement and the terms of the app store or platform, this Agreement shall prevail to the extent not prohibited by the app store terms.

11.3 The relevant app store or platform operator is not responsible for the Software, its content, maintenance, support, or any claims relating to the Software (including but not limited to product liability claims, legal compliance, or intellectual property infringement).

11.4 The relevant app store or platform operator and its subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance, shall have the right to enforce this Agreement against you as a third-party beneficiary.

12. Other Important Terms

12.1 We may update or amend the terms of this Agreement from time to time, but changes will only affect you to the extent they can legally apply. Where a new licence is issued with new content or updates, we will not need to specifically notify you about changes for them to have effect, so you should check these terms from time to time. If you continue to use the Software after changes are posted, you accept the updated terms.

12.2 We will only make changes if they are reasonable, for example if the law changes, we need to further protect users of the Software, or we are making improvements or adding features which may require alterations to this Agreement.

12.3 We may transfer our rights and obligations under this Agreement to another business or organisation without prior notice to you. This could be in the event of a company restructure, assignment, or a sale of all or part of our business or assets. We will take all reasonable steps to ensure that your rights under this Agreement are unaffected. You may not transfer or sublicence your rights under this Agreement and any attempted transfer or sublicence by you shall be void.

12.4 To the maximum extent permitted by applicable law, you agree that you will only bring any claim that you might have against us on an individual basis and not as a claimant or member in any purported class, collective, consolidated, or representative action or legal proceeding.

12.5 Each of the conditions of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

12.6 If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.

12.7 To the greatest extent permitted by local laws applicable in the country in which you access or use the Software, this Agreement is governed by the laws of England and Wales.

12.8 To the greatest extent permitted by local laws applicable to you, the courts of England and Wales shall have exclusive jurisdiction in respect of any claims, disputes, or proceedings regarding this Agreement or your use of the Software. Without prejudice to this, your local law may grant you the right to bring claims, disputes, or proceedings in your local jurisdiction. Where this is the case, you may bring proceedings there.

12.9 This Agreement, together with the Terms of Service, Privacy Policy, Cookie Policy, and any other policies incorporated by reference, constitutes the entire agreement between you and us regarding the Software. As a consumer, you may have rights under applicable local laws that cannot be excluded, limited, or changed. Those rights take priority over anything in this Agreement.

13. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under this Agreement where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, civil unrest, government actions, power failures, internet or telecommunications failures, cyber attacks, pandemics, or any other force majeure event.

14. Contact

Questions or concerns about this Agreement may be submitted via the Contact form on our website or by emailing timdommett@icloud.com.