TERMS OF SERVICE
Last Updated: September 26, 2025
Article 1: Acceptance of Terms
1.1. Agreement to Terms
These Terms of Service (“Terms” or “Agreement”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “your,” or “User”), and Wildbyte Labs LLC (“Wildbyte Labs LLC,” “we,” “us,” or “our”), an unregistered project based in Pittsfield, MA, USA, concerning your access to and use of the Wildbyte Labs LLC website located at keenplay.app (the “Website”) and the Keenplay software application (the “App”). The Website and the App are collectively referred to as the “Services.”
BY ACCESSING THE WEBSITE, DOWNLOADING, INSTALLING, OR USING THE APP, OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS IN THEIR ENTIRETY; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND HAVE THE LEGAL CAPACITY TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM, INCLUDING ALL TERMS INCORPORATED BY REFERENCE, SUCH AS OUR PRIVACY POLICY (AVAILABLE AT keenplay.app/privacy-policy) AND, FOR THE APP, THE END-USER LICENSE AGREEMENT (“EULA”) (AVAILABLE AT keenplay.app/eula OR AS PROVIDED DURING APP INSTALLATION).
IF YOU DO NOT AGREE TO ALL OF THESE TERMS (OR ANY PART THEREOF), OR IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST NOT ACCESS OR USE THE WEBSITE OR THE APP, AND YOU MUST UNINSTALL THE APP IF ALREADY INSTALLED.
1.2. Supplemental Terms and Policies
Your use of the Services is also governed by the following additional policies, which are incorporated herein by reference:
- Our Privacy Policy (keenplay.app/privacy-policy), which details how we collect, use, and disclose your Personal Information.
- For the App, the End-User License Agreement (EULA) (keenplay.app/eula or as provided with App installation), which governs your license to use the App software.
In the event of a conflict between these Terms and the EULA with respect to the App, the EULA shall control regarding the specific subject matter of the software license itself, while these Terms will control for all other aspects.
1.3. Changes to Terms
We reserve the right, in our sole discretion, to revise, modify, or update these Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms, and you waive any right to receive specific notice of each such change beyond this general notification. It is your responsibility to periodically review these Terms to stay informed of updates. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the amended Terms, you must stop using the Services.
Article 2: Description of Services
2.1. Website
The Website provides information about Wildbyte Labs LLC, the Keenplay App, its features, news, support resources (if any), and contact information. It may also host legal documents and provide access to community forums or other related content as determined by us.
2.2. Keenplay App
The Keenplay App is a software tool designed to receive, process, and display Dota 2 game state information provided by Valve Corporation’s (“Valve”) Game State Integration (“GSI”) system. The App is intended for informational and analytical purposes related to Dota 2 gameplay.
2.3. Service Availability and Modification
The App is currently provided free of charge. We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice at any time. You agree that Wildbyte Labs LLC will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services. We have no obligation to provide any updates, support, or maintenance for the Services, except as may be described in the EULA for the App.
2.4. No Affiliation with Valve
Wildbyte Labs LLC is an independent project. Wildbyte Labs LLC is not affiliated with, endorsed by, sponsored by, or in any way officially connected with Valve Corporation or any of its subsidiaries or its affiliates. The names Dota 2, Valve, Steam, GSI, and VAC, as well as related names, marks, emblems, and images, are registered trademarks or trademarks of Valve Corporation.
Article 3: Eligibility and User Accounts (App)
3.1. Age Requirement
You must be at least 18 years of age (or the age of legal majority in your jurisdiction if higher than 18) to create an account for and use the App, and to agree to these Terms. By creating an account and using the App, you represent and warrant that you meet this age requirement and have the full legal capacity to enter into and abide by these Terms.
3.2. Account Creation and Responsibility (App)
To use the App, you must log in using Google Sign-In, which connects to our AWS Cognito backend to manage your User Account (“Account”). When you create an Account, you agree to:
a) Ensure that any information provided via your Google account for this purpose is accurate, current, and complete.
b) Maintain the security and confidentiality of your Google account credentials, as your Wildbyte Labs LLC Account access is dependent on them.
c) Accept all risks of unauthorized access to your Wildbyte Labs LLC Account and the information stored therein, stemming from any compromise of your Google account or failure to maintain its security.
d) Promptly notify us at contact@keenplay.app if you discover or otherwise suspect any security breaches related to the Services or your Account.
e) Be solely responsible for all activities that occur under your Account, whether or not authorized by you.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading, or if you violate these Terms.
Article 4: User Conduct and Restrictions
4.1. Lawful Use
You agree to use the Services only for lawful purposes and in accordance with these Terms, the EULA (for the App), the Privacy Policy, and all applicable local, state, national, and international laws, rules, and regulations.
4.2. Prohibited Activities
Your permission to use the Services is contingent upon your agreement that you will not, under any circumstances, do any of the following:
a) Use the Services if you are under 18 years of age.
b) Use the Services for any illegal, fraudulent, malicious, or unauthorized purpose, or in furtherance of any criminal activity.
c) Engage in any activity that violates the Steam® Subscriber Agreement, Steam Online Conduct Rules, or any other terms or policies of Valve Corporation when using the App in connection with Dota 2 or the Steam platform.
d) Use the App in any manner intended to cheat, exploit, gain an unfair competitive advantage in Dota 2 or any other game, or interfere with or disrupt Valve’s systems, services, or the gaming experience of others, beyond the intended informational use of GSI data.
e) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services, our systems, servers, networks, user accounts, or data, through hacking, password mining, or any other means.
f) Introduce, transmit, or activate any viruses, malware, trojans, worms, logic bombs, spyware, adware, keystroke loggers, or any other code or material which is malicious or technologically harmful to the Services, our systems, or other users.
g) Place an unreasonable load on our infrastructure, or engage in any activity that could disable, overburden, damage, or impair the proper working or appearance of the Services (e.g., a denial-of-service attack or a distributed denial-of-service attack).
h) Reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive or gain access to the source code, object code, underlying structure, ideas, know-how, or algorithms relevant to the App or Website, or any underlying technology, except as and only to the extent expressly permitted by applicable law or the EULA.
i) Copy, modify, adapt, translate, create derivative works from, distribute, license, sell, lease, rent, loan, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit or transfer the App, any part thereof, or any of its underlying technology or concepts, except as expressly permitted by the EULA or with our prior written consent.
j) Use the App in any way that could potentially lead to a Valve Anti-Cheat (VAC) ban or other negative action against your Steam account. You explicitly acknowledge and accept the risks outlined in Article 3 of the EULA regarding VAC.
k) Scrape, spider, “data mine,” or use any other automated means to access, copy, monitor, or extract data or content from the Services, or otherwise collect information from the Services, without our express prior written permission.
l) Misrepresent your identity or affiliation with Wildbyte Labs LLC or Valve Corporation.
m) Use the Services to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party.
n) Collect or store personally identifiable information about other users without their express permission.
o) Violate any export control laws or regulations of the United States or any other applicable jurisdiction.
This list of prohibitions provides examples of unacceptable conduct and is not intended to be exhaustive. We reserve the right to determine, in our sole discretion, what conduct we consider to be a violation of these Terms or otherwise harmful to the Services or other users. Any violation of these provisions may result in the immediate suspension or termination of your access to the Services, without prejudice to any other rights or remedies we may have.
Article 5: Intellectual Property Rights
5.1. Wildbyte Labs LLC Intellectual Property (“Wildbyte Labs LLC IP”)
You acknowledge and agree that the Services, including the Website and the App, and all underlying software (object code and, to the extent not open source, source code), technology, ideas, inventions (whether patentable or not), concepts, algorithms, know-how, features, designs, text, articles, graphics, images, video, audio, data, logos, trademarks (whether registered or unregistered, including “Wildbyte Labs LLC” and “Keenplay”), trade dress, user interface, look and feel, and other content and materials developed, provided, or made available by Wildbyte Labs LLC or its licensors in connection with the Services (excluding Third-Party Materials and User Content as defined below), are the valuable proprietary property of Wildbyte Labs LLC or its licensors (“Wildbyte Labs LLC IP”). Wildbyte Labs LLC IP is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws of the United States and foreign countries.
While Wildbyte Labs LLC may not currently hold formal U.S. copyright or trademark registrations for “Keenplay” or “Wildbyte Labs LLC,” we assert common law rights and ownership over our proprietary technology, code, branding, and concepts developed for the Services. These Terms grant you only the limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services strictly as permitted herein and in the EULA (for the App). No ownership rights in Wildbyte Labs LLC IP are transferred to you. You are strictly prohibited from copying, distributing, modifying, creating derivative works from, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any Wildbyte Labs LLC IP without our express prior written permission, except as an integral part of your authorized use of the Services. We reserve all rights in and to the Wildbyte Labs LLC IP not expressly granted to you in these Terms or the EULA.
5.2. Valve IP and Other Third-Party Materials
You acknowledge that Valve Corporation owns all rights, title, and interest in and to Dota 2, Steam, Game State Integration (GSI), Valve Anti-Cheat (VAC), and all associated trademarks, logos, game content, and other intellectual property (“Valve IP”). Any use of Valve IP or other third-party names, trademarks, software, or materials within or in connection with the Services (“Third-Party Materials”) is purely referential, for compatibility identification, or intended to be in accordance with applicable third-party policies (such as the Valve Video Policy, where applicable for gameplay visualizations). Wildbyte Labs LLC is in no way affiliated with, sponsored, or endorsed by Valve Corporation. Wildbyte Labs LLC claims no ownership over Valve IP or other Third-Party Materials. Your use of Valve’s services (such as Steam and Dota 2) is governed by Valve’s own agreements and policies, which you are responsible for adhering to.
5.3. User-Generated Content and Feedback
a) User Content (e.g., Future Chat Messages): If the Services permit you to create, upload, post, send, receive, or store content, such as chat messages or other materials (“User Content”), you retain whatever ownership rights you had in your User Content in the first place. However, by submitting User Content through the Services, you grant Wildbyte Labs LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that User Content in connection with operating, providing, improving, and developing the Services and new services. For chat history, this license is primarily for the purpose of providing and improving the chat feature, including storage and retrieval. You are solely responsible for your User Content and the consequences of posting or publishing it.
b) Feedback: If you provide Wildbyte Labs LLC with any feedback, suggestions, ideas, improvements, comments, or recommendations regarding the Services (“Feedback”), whether through email, support channels, forums, or any other means, you hereby grant Wildbyte Labs LLC a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, fully paid-up, sublicensable, and transferable right and license to use, incorporate, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, make, have made, sell, offer to sell, import, and otherwise exploit such Feedback for any purpose whatsoever, commercial or otherwise, without any restriction, attribution, or compensation to you. You acknowledge that any Feedback you provide will not be considered confidential.
5.4. AI Clarification
Wildbyte Labs LLC explores advancements in artificial intelligence. However, the current version of the Keenplay application achieves its core functionality primarily through the use of Valve’s Game State Integration (GSI) and does not employ generative artificial intelligence for creating in-game content or modifying gameplay mechanics. Any future integration of generative AI would be subject to applicable policies and terms.
5.5. Copyright Infringement (DMCA Policy)
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications should be sent to: contact@keenplay.app with the subject line “DMCA Takedown Request”.
Article 6: Disclaimers of Warranties
THE SERVICES (INCLUDING THE WEBSITE, THE APP, AND ALL CONTENT, DATA, AND INFORMATION PROVIDED THEREIN OR THERETHROUGH) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILDBYTE LABS LLC, ON ITS OWN BEHALF AND ON BEHALF OF ITS DEVELOPERS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
WITHOUT LIMITATION TO THE FOREGOING, WILDBYTE LABS LLC PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL:
a) MEET YOUR REQUIREMENTS OR EXPECTATIONS;
b) ACHIEVE ANY INTENDED RESULTS;
c) BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES;
d) BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS;
e) ENSURE THAT THE DATA PROVIDED THROUGH VALVE’S GSI AND DISPLAYED BY THE KEENPLAY APP WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR TIMELY (GSI DATA IS PROVIDED BY VALVE CORPORATION “AS IS,” AND ITS ACCURACY AND TIMELINESS ARE SUBJECT TO VALVE’S SYSTEMS, POTENTIAL NETWORK LATENCY, AND OTHER FACTORS BEYOND OUR CONTROL); OR
f) GUARANTEE THAT YOUR USE OF THE KEENPLAY APP WILL NOT RESULT IN A VALVE ANTI-CHEAT (VAC) BAN OR OTHER NEGATIVE ACTIONS ON YOUR STEAM ACCOUNT. AS DETAILED EXTENSIVELY IN ARTICLE 3 OF THE EULA, THE USE OF ANY THIRD-PARTY SOFTWARE INTERACTING WITH VAC-SECURED GAMES CARRIES INHERENT RISKS, AND YOU USE THE APP ENTIRELY AT YOUR SOLE RISK REGARDING YOUR STEAM ACCOUNT STATUS.
g) ENSURE THAT ANY ERRORS OR DEFECTS IN THE SERVICES CAN OR WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WILDBYTE LABS LLC OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Article 7: Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WILDBYTE LABS LLC, ITS DEVELOPERS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (COLLECTIVELY, THE “WILDBYTE LABS LLC PARTIES”) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:
a) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES;
b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR RELATED TO THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
c) ANY CONTENT OR DATA OBTAINED FROM OR THROUGH THE SERVICES (INCLUDING THE ACCURACY OR TIMELINESS OF GSI DATA);
d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, DATA, OR ACCOUNT;
e) ANY ACTIONS TAKEN BY VALVE CORPORATION, INCLUDING BUT NOT LIMITED TO VAC BANS, ACCOUNT RESTRICTIONS, OR OTHER PENALTIES RELATED TO YOUR STEAM ACCOUNT;
f) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY;
g) ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR h) ANY OTHER MATTER RELATING TO THE SERVICES.
THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ANY WILDBYTE LABS LLC PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WILDBYTE LABS LLC PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE GREATER OF (I) THE AMOUNT, IF ANY, PAID BY YOU TO WILDBYTE LABS LLC FOR ACCESS TO OR USE OF THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE (CURRENTLY $0, AS THE SERVICES ARE FREE), OR (II) FIFTY U.S. DOLLARS ($50.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES (SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES), SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE WILDBYTE LABS LLC PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THE PROVISIONS OF THIS ARTICLE 7 ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.
Article 8: Indemnification
You agree to defend, indemnify, and hold harmless Wildbyte Labs LLC, its developers, affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, actions, suits, demands, damages, obligations, losses, liabilities, penalties, fines, costs, debts, and expenses (including but not limited to reasonable attorneys’ fees and legal costs) arising from or relating to:
a) Your access to or use of the Services;
b) Your breach or violation of any term of these Terms, the Privacy Policy, or the EULA (for the App);
c) Your violation of any applicable law, rule, or regulation;
d) Your User Content (if applicable), including any claim that your User Content infringes or misappropriates the intellectual property or other rights of any third party;
e) Your violation of any third-party right, including without limitation any copyright, patent, trademark, trade secret, property, privacy right, or right of publicity;
f) Any activity related to your Account (if applicable), whether by you or any other person accessing your Account with or without your consent; or
g) Any claim that your use of the Services (including any action or inaction by you in connection therewith) caused damage, harm, or loss to a third party, including Valve Corporation or other users of Valve’s services.
Wildbyte Labs LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Wildbyte Labs LLCI. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. This indemnification obligation will survive the termination or expiration of these Terms and your use of the Services.
Article 9: Termination
9.1. Termination by Wildbyte Labs LLC
We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of the Services (including your Account for the App), with or without prior notice or liability, for any reason or no reason, including but not limited to your breach of these Terms, the EULA, or the Privacy Policy, or if we believe that your conduct is harmful to other users of the Services, to us, to third parties, or is otherwise in violation of applicable law. We may also terminate or suspend access if we discontinue the Services or any part thereof.
9.2. Termination by You
You may terminate these Terms by discontinuing your use of the Website and, for the App, by uninstalling the App and ceasing all use of your Account. If you wish to have your App Account data deleted, please contact us at contact@keenplay.app and refer to our Privacy Policy for details on data deletion requests.
9.3. Effect of Termination
Upon termination of these Terms for any reason:
a) All rights and licenses granted to you under these Terms and the EULA (for the App) will immediately cease.
b) You must immediately cease all use of the Services and, for the App, uninstall it from all your devices.
c) We may, in our discretion, delete your Account and any associated data, subject to our data retention practices outlined in the Privacy Policy.
d) All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, provisions regarding intellectual property ownership (Article 5), warranty disclaimers (Article 6), limitations of liability (Article 7), indemnification (Article 8), governing law and dispute resolution (Article 10), and miscellaneous provisions (Article 11).
Termination of your access to the Services will not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to Wildbyte Labs LLC or any third party.
Article 10: Governing Law and Dispute Resolution
10.1. Governing Law
These Terms, your use of the Services, and any dispute, claim, or controversy arising out of or relating to these Terms or the Services, or the breach, termination, enforcement, interpretation, or validity thereof (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, United States of America, without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Massachusetts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are specifically excluded from application to this Agreement.
10.2. Jurisdiction and Venue
You irrevocably agree that any legal action, suit, or proceeding arising out of or relating to these Terms or the Services that is not subject to arbitration (if arbitration were mandated, which it is not currently under these Terms) shall be commenced and maintained exclusively in the state or federal courts located in Suffolk County, Massachusetts, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of such courts for the purpose of adjudicating any such dispute. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts, including any objection based on inconvenient forum.
10.3. Time Limitation on Claims
You agree that any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred. This limitation period shall not apply to residents of New Jersey or other jurisdictions where such a limitation is prohibited by law.
Article 11: Miscellaneous Provisions
11.1. Entire Agreement
These Terms, together with the Privacy Policy (keenplay.app/privacy-policy), Cookie Policy (keenplay.app/cookie-policy) and the EULA (for the App, available at keenplay.app/eula or as provided with App installation), constitute the sole and entire agreement between you and Wildbyte Labs LLC with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.
11.2. Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. To the extent possible, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
11.3. No Waiver
No waiver by Wildbyte Labs LLC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Wildbyte Labs LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. A waiver of any term or condition of these Terms will be effective only if in writing and signed by a duly authorized representative of Wildbyte Labs LLC.
11.4. Assignment
You may not assign or transfer these Terms, or any of your rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Wildbyte Labs LLC may freely assign or transfer these Terms, and any of its rights or obligations hereunder, without restriction and without notice to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
11.5. Notices
Any notices or other communications provided by Wildbyte Labs LLC under these Terms, including those regarding modifications to these Terms, may be given: (i) via email to the email address associated with your Account (if you have one for the App); or (ii) by posting to the Website or within the App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted by Wildbyte Labs LLC. For notices made by posting, the date of posting will be deemed the date of notice. It is your responsibility to keep your email address current.
11.6. Headings and Interpretation
The section headings and article titles used in these Terms are for convenience only and have no legal or contractual effect. The word “including” and its derivatives means “including without limitation.” The singular includes the plural and vice versa.
11.7. Force Majeure
Wildbyte Labs LLC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Wildbyte Labs LLC’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
11.8. No Third-Party Beneficiaries
Except as otherwise expressly provided in these Terms (e.g., indemnification of Wildbyte Labs LLC Parties), there shall be no third-party beneficiaries to these Terms.
11.9. Relationship of the Parties
Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between you and Wildbyte Labs LLC.
11.10. Contact Information
If you have any questions, comments, or concerns about these Terms of Service, or if you need to contact us for any other reason related to these Terms, please reach out to us at:
Wildbyte Labs LLC
Attn: Terms of Service Inquiry
Pittsfield, MA, USA
Email: contact@keenplay.app
KeenPlay 