Terms of Service

Keikens Terms of Service

Last Updated: September 9, 2025

The Web Application End User License Agreement (“EULA” or “Terms”) governs your use of Keikens’ Services. These Terms apply to all use of the Services, except where inconsistent with applicable law.

General Clauses

Contractual Relationship

These Terms govern your access to and use of the Keikens web application, marketplace, scheduling tool, and related products and services (collectively, the “Services”), provided by Keikens LLC and its affiliates (“Keikens,” “we,” or “us”).

By using the Services, you agree to be legally bound by these Terms. We may modify these Terms at any time. If you do not agree to changes, you must stop using the Services.

Interpretation

Headings are for convenience only.
“Including” means “including, but not limited to.”
Singular includes plural and vice versa.

About Our Services

Keikens provides:

Activity Platform. A marketplace for parents/guardians to browse, register, and purchase educational and extracurricular activities from Providers.
Booking/Scheduling. A calendar-based scheduling tool that allows Providers to publish availability and accept appointments, powered by Nylas, Inc.

We may add, change, or remove features. Outages or interruptions may occur, and we are not liable for temporary or permanent unavailability.

Safety & Integrity. We may remove users, Providers, or content for misuse and notify law enforcement if needed.

Provider Access to Customer Details. When a User books or registers with a Provider, we share relevant details solely for providing the activity or appointment. Providers may not use this data for other purposes.

User / Provider Accounts

You must register with accurate details (name, email, password, phone, address).
Fraudulent accounts may be terminated.
You are responsible for maintaining account security and updating your information.
Notify us immediately if your account is compromised.

Privacy Policy & User Data

Your privacy is important. Our Privacy Policy explains how we collect, use, and share data. The Privacy Policy is incorporated into these Terms.

Acceptable Use

You may not misuse the Services. Prohibited conduct includes:

Violating laws or rights of others (privacy, IP, safety).
Harassment, threats, exploitation, or obscene/illegal content.
Impersonation or misrepresentation.
Malware distribution, hacking, or scraping.
Automated account creation.
Reselling or redistributing Services without permission.

Your Content. You retain ownership of content you share. You grant Keikens the rights needed to host, process, display, and transmit your content. We may remove content that violates our policies or the law.

Third-Party Services (Stripe & Nylas)

Stripe (Payments). Payments are processed by Stripe, Inc. Providers must maintain their own Stripe Connected Account and agree to Stripe’s terms. Keikens does not store full card details.
Nylas (Scheduling). Booking/Scheduling is powered by Nylas, Inc., which processes calendar/email metadata to power availability and invitations. Keikens makes no independent representation of HIPAA compliance for Nylas; Providers are responsible for ensuring safeguards where healthcare data is involved.

Licenses

License by User

You grant Keikens a worldwide, non-exclusive, royalty-free, transferable license to host, use, reproduce, modify (for formatting), display, and distribute your content to operate the Services.

License to User

Keikens grants you a limited, non-exclusive, revocable license to use the Services for their intended purpose, subject to these Terms.

Fees & Payments

A. Activity Platform Transactions

Stripe Account Ownership. Providers receive payouts through their own Stripe Connected Accounts. Keikens does not hold Provider funds.
Provider Responsibility. Providers are responsible for all Stripe processing fees (e.g., 2.9% + $0.30 per transaction, or Stripe’s current rates). Stripe deducts these from the gross transaction.
Keikens Platform Fee. Keikens collects a 5% transaction fee on each Activity Platform transaction.
Payouts. After Stripe deducts its fees and Keikens deducts the 5% fee, the net balance is paid to the Provider’s Stripe account.
Provider Pricing & Policies. Providers set their own prices and cancellation/refund terms. Cancellations and refunds are handled directly between Provider and User.
Chargebacks. Providers are responsible for chargebacks, penalties, or disputes. Keikens may offset or invoice amounts to resolve these.
Taxes. Providers are responsible for collecting and remitting applicable taxes, except where Keikens is legally required to do so.

B. Booking/Scheduling Subscription

Subscription & Billing. Providers pay a monthly subscription fee for Booking/Scheduling. Fees are shown at sign-up or in your account dashboard, plus applicable taxes.
Auto-Renewal. Subscriptions automatically renew unless canceled. By subscribing, you authorize recurring charges.
Cancellation. You may cancel anytime. Cancellation takes effect at the end of the current billing period. No refunds for partial periods unless required by law.
Price Changes. We may adjust subscription pricing with notice. Continued use after the effective date constitutes acceptance.
Usage Limits. We may apply fair-use limits to maintain service quality.

Reporting Intellectual Property Infringement

To report IP infringement, email support@keikens.com with:

Your name, email, and phone
Description of the IP right infringed
Description/URL of the infringing content
Statement of good faith, accuracy, and authority under penalty of perjury
Your signature

Disclaimers & Release

The Services are provided “as is” without warranties of any kind. We disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted, error-free, or secure service. You release Keikens and its affiliates from claims arising from third-party conduct or content.

Limitation of Liability

Where permitted by law, Keikens is not liable for indirect, incidental, consequential, or punitive damages; lost profits or revenue; data loss; or service interruptions. Our total liability will not exceed the greater of:

The amounts you paid to Keikens in the past three (3) months, or
$100.

Indemnification

You agree to indemnify and hold harmless Keikens from claims, damages, liabilities, costs, and expenses (including attorneys’ fees) arising from:

Your use of the Services
Your content
Your violation of these Terms or applicable law
Misrepresentations made by you

Dispute Resolution

Informal Resolution. Parties will attempt to resolve disputes within 30 days of written notice.
Mediation & Arbitration. If unresolved, disputes go to mediation in Minnesota. If still unresolved, the mediator will serve as arbitrator; the decision is final and binding.
Governing Law. Minnesota law governs. Venue is in Minnesota courts.
Opt-Out. You may opt out of arbitration by written notice within 30 days of accepting these Terms.
Class Waiver. Disputes must be brought individually, not as class actions.

Availability, Term & Termination

Services may be unavailable due to maintenance, outages, or events beyond our control.
These Terms apply from acceptance until terminated.
We may suspend or terminate accounts for violations. You may terminate by deleting your account or canceling subscriptions.
Sections on Licenses, Fees & Payments, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Miscellaneous survive termination.

Miscellaneous

These Terms plus the Privacy Policy are the entire agreement.
Keikens may assign these Terms; you may not without written consent.
Providers agree not to use a direct competitor of Keikens for the same activities offered on Keikens during active engagement.
If any provision is invalid, the rest remain in force.
Notices must be in writing and are deemed received upon delivery.

Contact

Keikens Customer Service
953 Wagon Wheel Trail
Mendota Heights, MN 55120
support@keikens.com

Would you like me to also make you a separate, short “Provider Fees & Pricing” page (just bullet points: 5% platform fee, Providers absorb Stripe fees, monthly subscription for booking) that you can post alongside this ToS for clarity?