Website Terms of Use

1Scope and acceptance#

These Website Terms of Use (the “Terms”) govern access to and use of the websites operated by keylight GmbH at www.keylight.com and offers.keylight.com, including their subpages, the documentation published there, and the content, downloads, forms, live chat and meeting scheduling features made available through them (together the “Websites”).

By accessing or using the Websites, a user accepts these Terms. A user who does not agree with these Terms should not use the Websites. “User” means any person who accesses the Websites and includes the organization on whose behalf that person acts.

The Websites are directed at businesses and their representatives. They do not sell products or services online and are not intended for children. Persons under the age of 16 should not submit personal data through the Websites.

2Relationship to other agreements#

The keylight platform, accessible at login.keylight.com, and the services keylight provides to its customers are governed by the Master Services Agreement, the applicable Order Form and the Data Processing Agreement concluded with the customer. These Terms do not change those agreements. Where these Terms conflict with a customer, partner or other written agreement with keylight, that agreement prevails in relation to its subject matter.

Specific offers made through the Websites, such as events, webinars, trial or preview programs and partner programs, may be subject to additional terms. Where additional terms are provided with an offer, they prevail over these Terms for that offer.

3Operator and contact#

The Websites are operated by keylight GmbH, Fasanenstraße 77, 10623 Berlin, Germany, registered with the Amtsgericht Charlottenburg under HRB 164642 B, VAT identification number DE815556911. Full company details are published in the Imprint.

Questions about these Terms may be sent to legal@keylight.com.

4Data protection#

keylight processes personal data in connection with the Websites in accordance with the General Data Protection Regulation and other applicable laws, as described in the Privacy Policy. The Privacy Policy explains which data is collected and for which purposes, which cookies and similar technologies are used, how long data is retained and which rights are available. Cookie preferences can be reviewed and changed at any time through Manage consent in the footer of every page.

The Privacy Policy is provided for information and does not form part of these Terms. Questions about data protection may be sent to privacy@keylight.com.

5Changes to the Websites and to these Terms#

keylight may change, suspend or discontinue the Websites or any part of them at any time. This includes content, features, downloads and the availability of the Websites in particular countries. keylight is under no obligation to maintain, update or retain any content.

keylight may update these Terms, for example when the Websites gain new features or when the law changes. The current version is published on the Websites with its effective date and applies to all use of the Websites from that date. Earlier versions are available on request from the contact address in Section 3.

6Permitted use#

The Websites may be used to find out about keylight, its products and services, to read and download the content made available, to contact keylight, to request a demonstration or consultation, to register for events, to apply for open positions and to subscribe to communications. Use is subject to these Terms and applicable law.

Users who access the Websites from outside Germany do so on their own initiative and are responsible for compliance with the laws that apply at their location.

7Prohibited use#

The following is not permitted on or in connection with the Websites:

• (a)

  using the Websites for an unlawful purpose or in a way that infringes the rights of keylight or of third parties;

• (b)

  attempting to gain unauthorized access to the Websites, to the systems and networks on which they run, or to data not intended for the user, and circumventing or testing security or access controls. Security testing of the Websites requires keylight’s prior written permission. Section 12 describes how to report a vulnerability;

• (c)

  introducing malware or other harmful code, and taking any action that places an unreasonable load on the Websites or interferes with their operation, such as denial-of-service attacks or automated load testing;

• (d)

  collecting, copying or extracting content or data from the Websites by automated means, including scraping, crawling and harvesting, except as permitted in Section 7.1;

• (e)

  collecting names, email addresses or other personal data of keylight employees, customers or partners from the Websites, for example for unsolicited marketing;

• (f)

  submitting false, misleading or fraudulent information through forms, live chat or the meeting scheduler, impersonating another person or organization, submitting personal data of third parties without authority, and using these channels for mass submissions, advertising or purposes other than genuine inquiries;

• (g)

  submitting files, such as application documents, that contain malicious code or infringe the rights of third parties;

• (h)

  removing, altering or obscuring copyright, trademark or other proprietary notices, and presenting content of the Websites as the user’s own, including by framing.

8Content and intellectual property#

The Websites and their content, including text, graphics, logos, icons, images, photographs, videos, audio, documents, data, software, page design and the selection and arrangement of these elements (the “Content”), are owned by keylight or its licensors and are protected by copyright, trademark and other intellectual property laws. All rights not expressly granted in these Terms are reserved.

9Linking to the Websites#

Links to publicly accessible pages of the Websites are welcome, provided that the link does not suggest an affiliation with, or an endorsement by, keylight where none exists, does not frame or otherwise present the Websites or Content within another site, and does not appear on a site that contains unlawful content. keylight may withdraw this permission at any time.

10Submissions and feedback#

Information submitted through the Websites, for example through contact and demo request forms, live chat, the meeting scheduler, event registrations and job applications, must be accurate and current, and the user must be entitled to provide it. Personal data contained in submissions is processed as described in the Privacy Policy.

The Websites are not a channel for confidential information. Confidential information should be exchanged only under a non-disclosure agreement or a customer or partner agreement with keylight. Business information submitted through the Websites outside such an agreement is treated as non-confidential, with the exception of personal data and application documents, which are handled in accordance with the Privacy Policy.

Where a user provides keylight with ideas, suggestions or other feedback about keylight, the Websites or keylight’s products and services, keylight may use this feedback without restriction and without any obligation to the user, to the extent permitted by law.

11Third-party content and services#

The Websites contain links to third-party websites and resources, and integrate services provided by third parties, including embedded videos from YouTube and Vimeo, forms, live chat and meeting scheduling from HubSpot, and spam protection from Google reCAPTCHA. Some of these services load only after consent has been given through Manage consent.

Third-party websites and services are outside keylight’s control. keylight does not adopt their content as its own and is not responsible for their content, availability or practices. Use of a third-party website or service is subject to the terms and the privacy policy of its provider. Videos are played through the YouTube embedded player or the Vimeo player, and playing a video is subject to the YouTube Terms of Service (https://www.youtube.com/t/terms) or the Vimeo Terms of Service (https://vimeo.com/terms), as applicable.

Links and integrations on the Websites are provided for convenience and do not constitute a recommendation of the linked content or of the third party.

12Availability and security#

keylight aims to keep the Websites available at all times but does not guarantee that the Websites will be available without interruption, that they will be free of errors, or that defects will be corrected within a particular time. Access may be interrupted for maintenance, by faults in third-party services or networks, or by events outside keylight’s control.

keylight protects the Websites with measures appropriate to the risk, including encryption of all connections. Users remain responsible for protecting their own systems, for example by using current security software and by checking downloaded files.

keylight welcomes reports of security vulnerabilities in the Websites. Reports may be sent to the contact address in Section 3. keylight asks that vulnerabilities are reported before they are disclosed to others, and that testing is limited to what is necessary to demonstrate the issue, without accessing, changing or deleting data that does not belong to the reporter.

13Information on the Websites#

The Content is provided for general information. Descriptions of keylight products, features, integrations, performance and roadmap, as well as customer stories, benchmarks and references to analyst research, describe the keylight offering at the time of publication and may change without notice. They do not form part of any contract with keylight. The scope of the keylight services provided to a customer is defined exclusively by the Master Services Agreement and the applicable Order Form, and purchases are not contingent on the delivery of any future functionality described on the Websites.

Information on the Websites, including pricing information, does not constitute an offer. Contracts for keylight services are concluded only through a signed Order Form or another written agreement.

Statements about certifications and compliance, including ISO/IEC 27001, ISO 9001 and PCI DSS, refer to the scope and validity period of the respective certificate, which is available on the Legal and compliance page of the Websites.

Content on topics such as subscription management, billing, revenue recognition, accounting, tax and regulatory compliance is general information and not legal, tax, accounting or financial advice. Decisions on these matters should be taken with the user’s own advisors.

keylight takes care to keep the Content accurate and current but does not warrant that the Content is complete, accurate, up to date or free of errors.

14Liability#

keylight is liable without limitation for damage caused intentionally or by gross negligence by keylight, its legal representatives or its vicarious agents, for damage resulting from injury to life, body or health, for liability under the German Product Liability Act, where keylight has expressly assumed a guarantee, and where keylight has fraudulently concealed a defect.

In cases of slight negligence, keylight is liable only for the breach of a material contractual obligation, meaning an obligation whose fulfillment makes the proper use of the Websites possible in the first place and on whose fulfillment a user may regularly rely. In such cases, liability is limited to the damage that is typical for this type of use and was foreseeable when the use began.

Any further liability of keylight is excluded. This applies to all claims, regardless of their legal basis, including claims in tort, and also to the personal liability of keylight’s employees, representatives and vicarious agents. These limitations do not affect liability that cannot be excluded or limited by law.

A user who breaches these Terms or applicable law in using the Websites shall compensate keylight for the resulting damage and shall indemnify keylight against third-party claims arising from the breach, including the reasonable costs of legal defense, to the extent the user is responsible for the breach.

15Governing law and jurisdiction#

These Terms and all disputes arising out of or in connection with the use of the Websites are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods and the conflict-of-law rules. Where a user is a consumer with habitual residence in another member state of the European Union or the European Economic Area, the mandatory consumer protection provisions of that state remain applicable.

Where a user is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the courts of Berlin, Germany have exclusive jurisdiction for all disputes arising out of or in connection with these Terms. In all other cases, the statutory rules on jurisdiction apply.

keylight is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG).

16Language#

These Terms are published in English. Where keylight provides a translation, the English version prevails in the event of a discrepancy.

17General provisions#

Should any provision of these Terms be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The statutory provisions apply in place of the invalid provision.

A failure by keylight to enforce a provision of these Terms does not constitute a waiver of that provision or of keylight’s rights.

keylight may transfer its rights and obligations under these Terms to an affiliated company or to a successor in connection with a merger, an acquisition or a sale of all or substantially all of its assets. Users will be informed of such a transfer on the Websites.