1. ACCEPTANCE OF THE TERMS AND CONDITIONS
Keyflow AB, Reg. No. 556757-2655, a company incorporated under the laws of Sweden, with registered address at
Keyflow AB Magnus Ladulåsgatan 3, 118 65 Stockholm, Sweden ("Keyflow", "Us" or "We"), provides a software
application (the "Guest App") and a website ("the Keyflow website") for purchases of admission to events (each an
"Event") and for reservations and prepayment of table services (each a "Table Service") at Events, as well as for
receiving digital invites to Events and membership/VIP cards, and other related services. The services available
through the GuestApp and the Keyflow website, as set out above, are jointly referred to as the "Services".
THESE TERMS SET OUT THE CONDITIONS FOR YOUR ACCESS AND USE OF THE GUESTAPP, THE KEYFLOW WEBSITE AND THE SERVICES,
INCLUDING ALL OF THEIR FEATURES (THE "T&CS"), AND WE RECOMMEND THAT YOU READ THESE T&CS CAREFULLY BEFORE USING THE
SERVICES. BY DOWNLOADING THE GUESTAPP AND ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE T&CS. IF
YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE T&CS YOU SHOULD NOT ACCESS OR USE THE SERVICES.
If you are located in or a resident of the United States of America, these T&Cs provide that all disputes between
you and Us will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR
DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court). Your rights
will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class
action. Please review Section 18 below for the details regarding your agreement to arbitrate any disputes with
We reserve the right to revise and update these T&Cs at any time without prior notice. The date of the latest update
is shown at the end of these T&Cs. You are cautioned to review the T&Cs regularly to become aware of any changes. By
continuing to use the Services after any changes have been made, you are acknowledging your acceptance of such
changes. Should the T&Cs, however, be amended in a way which would entail substantial changes to the way We process
your personal data, you will have the right to request that We refrain from processing your personal data in such
2. DESCRIPTION OF THE SERVICES
2.1 The Services
Through the GuestApp or on the Keyflow website, you may purchase admission to Events arranged and organized by our
partners (each an "Event Organizer"), upon which your name will be presented on the guest list for the relevant
Event without the issuance of a physical ticket. You may use the GuestApp to invite friends to Events and to receive
invites from friends or from Event Organizers. In addition, the GuestApp allows you to reserve and prepay for Table
Services, which some Event Organizers may offer at their Events.
2.2 Keyflow as a technical intermediary
Keyflow is a technical platform that allows you and Event Organizers to connect and interact with each other. As
such, Keyflow only acts as a technical intermediary between you and the Event Organizers and Keyflow does not
organize, host, arrange or otherwise affiliate with Events itself. The Services may be used by you to find and
attend Events, but you acknowledge that Keyflow has no responsibility or liability to you related to any Events
provided to you by Event Organizers through the use of the Services, other than as expressly set out in these T&Cs.
You understand and acknowledge that the performance of Event Organizers of an Event is outside the scope of these
T&Cs and that when you make purchases in respect of an Event, you enter into a binding agreement with the relevant
Event Organizer, to which agreement Keyflow has no part. Keyflow has no responsibilities to you in respect of Event
Organizer Events and cannot be held responsible or liable in any way for such Events towards you, the Event
Organizer or any other third party. It is solely your responsibility to determine if an Event and/or Event Organizer
will meet your needs and expectations. If you have any questions or complaints regarding an Event, you should
contact the relevant Event Organizer directly. Keyflow will not participate in disputes between you and an Event
3. CREATING AND MANAGING YOUR ACCOUNT
In order to use the Services, you must create an account. You must be at least eighteen (18) years old, or the age
of legal majority in your jurisdiction to create an account. If you are under the age of legal majority, you must
obtain parental or guardian consent prior to creating an account; provided that you must be at least 13 years old to
use the Services notwithstanding any parental or guardian consent. Account registration may require you to submit
certain personal information, such as your name, address, mobile phone number, age, sex, your email address, user
name and password, as well as credit/debit card information. Once you have created an account, you may access and
update your information, or delete your account, at any time.
You are responsible for ensuring that no third party has access to your account and that the Services are not
accessed or used by any unauthorised users. You agree to notify Us immediately of any unauthorized use of your
account and you are solely responsible for activities that occur through the use of your account. You are further
responsible for providing and maintaining accurate, complete and up-to-date information. Your failure to maintain
accurate, complete and up-to-date information may result in your inability to use the Services or our termination of
your account. When you register, you will be asked to provide a password. You are solely responsible for
maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities
that occur under your account. If you have reason to believe that your account is no longer secure, then you must
immediately notify us at email@example.com.
You are solely responsible for your use of the Services on your mobile device, including without limitation
compliance with these and any applicable third party terms, and payment of any applicable third party fees. Without
limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any mobile
network operator ("Carrier") service plan you use in connection with your use of the Services (such as voice, data,
SMS, MMS, roaming, other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a
service plan offered by your Carrier. If your device is lost or stolen, you must notify Keyflow immediately to
KEYFLOW DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO USE THE SERVICES TO CONTACT FIRE, MEDICAL OR POLICE PERSONNEL IN
A TIMELY MANNER OR AT ALL. IF YOU EXPERIENCE AN EMERGENCY IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES AND DIAL
4. PURCHASING ADMISSION TO EVENTS AND TABLE SERVICES
4.1 Making a purchase
When you have created an account, you are able to purchase admission to Events and to reserve and prepay for Table
Services. First, choose the Services you wish to use. Then, review the total price and in the GuestApp you confirm
the payment by clicking on "Swipe to complete payment" on the Keyflow website you confirm the payment by clicking on
“confirm my order”.
Event Organizers can offer admission to Events by bidding, in addition to ordinary purchased admission. An Event
being offered by bidding will not affect admission already purchased to such Event. The Event Organizer is not
obliged to accept any bid.
You can place a bid at any Event which open for bidding by the Event Organizers. In connection with placing a bid
you will be asked to set a time frame for the duration of the bid. If the bid is accepted by the Event Organizer
within the time frame, a binding non-refundable agreement has been entered into between you and the Event Organizer,
unless otherwise expressly stated in this T&Cs. If the bid is rejected or not accepted within the time frame, your
placed bid has expired and is no longer a binding bid. You will only be charged if your bid is accepted by the Event
Organizer. You can withdraw a placed bid at any time, as long as the Event Organizer has not accepted the bid or the
time frame for the bid has expired.
The payments will be administered by our third party payment service provider Stripe. Please note that Stripe may
have its own terms and conditions which you should read before making a purchase. When the purchase is completed,
you will receive a confirmation regarding your purchase through the email address which you have provided. Following
a successful purchase, your name will be added to the guest list to the relevant Event, and, if applicable, the
Event Organizer will be notified that you have reserved and paid for a Table Service. Provided that you meet any
additional terms and conditions which the Event Organizer may have, you will be allowed to attend the Event.
4.2 Restrictions in respect of purchases
You must be of legal age in the jurisdiction in which the Event will take place in order to purchase admission to
Events. To reserve and prepay for Table Services, you must be of legal drinking age in the jurisdiction in which the
Event will take place.
In addition, Event Organizers may have additional terms and conditions, such as to the number of people that you are
allowed to purchase to attend a certain Event, dress code or age limits. You are solely responsible for ensuring
that you meet the legal age restrictions applicable to the Event and that you comply with any additional terms and
conditions that the Event Organizer may have for a specific Event. By completing the purchase, you warrant that you
meet all applicable terms and conditions. Your admission to an Event may be rejected if you provide false,
inaccurate or incomplete information or if you are otherwise in breach of, or attempt to circumvent, these T&Cs, or
such other terms and conditions which the respective Event Organizer may have regarding an Event. Your admission may
also be rejected if you are intoxicated by alcohol or other substances. If your admission has been rejected, your
license to enter will thereafter be non-useable.
4.3 Service Fee
In addition to the purchase price, a non-refundable advance service fee will be charged by Keyflow to you when using
the Services (the "Service Fee"). The total amount payable by you (i.e. the purchase price and the Service Fee) will
be displayed prior to your confirmation of the purchase.
5. SERVICE FEE NON-REFUNDABLE
Except as required by applicable law, you are not entitled to cancel purchases of admission to Events or
reservations/prepayment of Table Services, and all such purchases are non-refundable.
6. CANCELLED EVENTS
As set out in Clause 2.2 above, We only act as a technical intermediary between you and Event Organizers. Each Event
Organizer is fully responsible for its respective Events and all questions and/or claims in respect of Events should
be directed to the relevant Event Organizer.
You are solely responsible for ensuring that an Event has not been cancelled. If an Event is cancelled, you should
contact the Event Organizer directly regarding any claims in respect of refunds. Please note that the Service Fee is
not refundable. We will in no event be liable for any damages whatsoever due to cancelled Events.
6.2 If Event Organizer is established in a country where Stripe has no presence
If the Event Organizer (at the time of the relevant transaction) is established in a country where Stripe has no
presence, We will hold your payment on a separate client account until forty-eight (48) hours after the Event has
taken place, after which the amount will be transferred to the relevant Event Organizer. Should an Event be
cancelled, you may be entitled to request a refund from Us. To exercise this right, you must notify Us that an Event
to which you have purchased admission and/or Table Service has been cancelled. You must notify Us no later than
twenty-four (24) hours from the time when the Event was scheduled to begin. Please send an email
to firstname.lastname@example.org with information that the Event has been cancelled and that you would like a refund, and
state your order ID given to you when making the purchase. We will confirm receipt of your request for a refund as
soon as reasonably possible. Provided that your request reaches Us within the above stated time, and that there are
no circumstances excluding you from a right to a refund, We will, on behalf of the Event Organizer, refund the
purchase price to the method of payment with which you purchased admission.
IF YOU FAIL TO CONTACT US WITHIN THE ABOVE STATED TIME, YOU WILL NOT BE ENTITLED TO A REFUND FROM US, AND YOU SHOULD
CONTACT THE RELEVANT EVENT ORGANIZER DIRECTLY WITH POTENTIAL CLAIMS. PLEASE NOTE THAT THE SERVICE FEE IS NOT
For the avoidance of doubt, your right to a refund from Us applies only if the Event Organizer is established in a
country where Stripe has no presence in respect of cancelled Events and only in respect of requests for refunds
which have been brought to our attention within the above stated time. All other claims regarding Events, such as
their quality and content etc., should be directed directly towards the relevant Event Organizer. We will in no
event be liable for any damages whatsoever due to cancelled Events.
Information about in which countries Stripe is present can be found on www.stripe.com.
7. LICENSE AND CONTENT
Subject to your compliance with these T&Cs, We grant you a limited, non-exclusive, non-sub licensable, revocable,
non-transferrable license to access and use the GuestApp on your personal device solely in connection with your use
of the Services. Any rights not expressly granted herein are reserved by Us and our licensors.
You agree that all material, including without limitation information, data, software, text, design elements,
graphics, images, trademarks, service marks, trade names, domain names and other content, contained in or delivered
via the Services or otherwise made available by Us in connection with the Services (collectively, "Keyflow Content")
is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property rights and laws.
Except as expressly authorized by Us in writing or in connection with your use of the intended functionality of the
Services, you agree not to sell, sublicense, rent, modify, distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit, attempt to derive the source code of, or create derivative works of any
Keyflow Content, or post any Keyflow Content on any other web site or in a networked computer environment for any
purpose. Your rights under this license will terminate automatically without notice if you fail to comply with any
term of this license.
7.2 Notice regarding Apple
You acknowledge that these T&Cs are between you and Keyflow only, not with Apple, and Apple is not responsible for
the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support
services with respect to the Services. In the event of any failure of the Services to conform to any applicable
warranty, then you may notify Apple and Apple will refund any applicable purchase price for the GuestApp to you;
and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with
respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to
the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability
claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the
investigation, defense, settlement and discharge of any third party claim that the Services and/or your possession
and use of the App infringe that third part’s intellectual property rights. You agree to comply with any applicable
third party terms, when using the Services. Apple, and Apple's subsidiaries, are third party beneficiaries of these
T&Cs, and upon your acceptance of these T&Cs, Apple will have the right (and will be deemed to have accepted the
right) to enforce these T&Cs against you as a third party beneficiary of these T&Cs. You hereby represent and
warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been
designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S.
Government list of prohibited or restricted parties.
7.3 User Content
When registering an account you will be asked to upload and make available a photo of yourself. All photos and any
other materials provided by you when using the Services (the "User Content") remain your property. However, by
providing User Content to Us, you grant Us a non-exclusive, worldwide, transferrable, sub-licensable, royalty-free
license to use, copy, distribute, publicly display and otherwise exploit in any manner such User Content, including
your name and picture, solely in connection with the provision or promotion of the Services, in all formats and
distribution channels now known or hereafter devised, without further notice to or consent from you, and without the
requirement of payment to you or any other person or entity. You represent and warrant that (i) you either are the
sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to
grant Us the license to the User Content as set forth above, and (ii) neither the User Content, your submission of
such User Content, or our use of the User Content as permitted herein will infringe, misappropriate or violate a
third party’s intellectual property rights or rights of privacy, or result in the violation of any applicable law
We do not pre-screen or monitor User Content, but reserve the right to remove any User Content for any or no reason,
including, but not limited to, User Content that, in our sole discretion, violates these T&Cs or any applicable laws
and regulations. We may take these actions without prior notification to you. Removal of User Content shall be at
our sole discretion, and, subject to Section 7.4, We do not promise to remove any specific User Content. If you
remove User Content from the Services, We will make reasonable efforts to ensure that all instances of such User
Content that are stored by Us are deleted and We will not use such User Content for promotional purposes. However,
We will not remove any instances of such User Content if and to the extent these are uploaded on or used by other
7.4 Digital Millennium Copyright Act
Keyflow complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service
providers (17 U.S.C. ¤512, as amended). If you are a U.S. copyright owner or agent of a U.S. copyright owner and
believe that any content posted on the Services infringes upon your copyright, you may contact our Designated Agent
at the following address:
Magnus Ladulåsgatan 3
118 65 Stockholm
Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property
rights must include the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright or other right being infringed;
(b) a description of the copyrighted work or other intellectual property that you claim has been
(c) a description of the material that you claim is infringing and where it is located on the Services;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the materials on the Services of
which you are complaining is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you that the above information in your notice is accurate and that, under penalty of
perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual
property owner's behalf.
Please note that the above requirements only apply to U.S. copyright holders and their agents. If you hold
copyrights that were granted anywhere outside of the U.S. and believe that your intellectual property rights have
been infringed, please send an e-mail containing the information in sub-sections (a)-(f) above
Keyflow will promptly terminate without notice the accounts of users that are determined by Keyflow to be "repeat
infringers." A repeat infringer is a user who has been notified of infringing activity more than twice and/or has
had content removed from the Services more than twice.
8. PROHIBITED CONDUCT
By using the Services, you agree not to:
(g) use the Services for any illegal purpose, or in violation of any local, state, national, or
(h) interfere with security-related features of the Services, including without limitation by (i)
disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering
or otherwise attempting to discover the source code of the Services or any part thereof except to the extent that
such activity is expressly permitted by applicable law;
(i) interfere with the operation of the Services or any users enjoyment of the Services, including
without limitation by (i) taking any action (directly or indirectly) that imposes or may impose (as determined by
Keyflow in its sole discretion) an unreasonable or disproportionately large load on Keyflow’s or its third party
providers' infrastructure; or (ii) interfering with or disrupting any networks, equipment, or servers connected to
or used to provide the Services, or violating the regulations, policies, or procedures of such networks, equipment,
(j) perform any fraudulent activity including impersonating any person or entity, claiming false
affiliation; misrepresenting the source, identity or content of information transmitted via the Services; accessing
the Services accounts of others without permission, or falsifying your age or date of birth;
(k) sell or otherwise transfer the access granted under these T&Cs, or any right or ability to view,
access, or use any part of the Services; or
attempt to do any of the foregoing in this Section 8, or assist or permit any persons in engaging or attempting to
engage in any of the activities described in this Section 8.
You agree to indemnify and hold Us, and our affiliates, and each of our and their respective officers, directors,
agents, and employees, harmless from any and all claims, demands, damages, losses, liabilities and expenses
(including attorney’s fees) arising out of or in connection with (i) your use of the Services, (ii) your breach or
violation of these T&Cs, (iii) our use of the User Content, (iv) your violation of the rights of any third parties,
or (v) any disputes between you and any third parties, including any Event Organizers.
10. DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE THAT WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE PERFORMANCE, QUALITY, SAFETY OR LEGALITY OF
EVENTS, THE TRUTH OR ACCURACY OF ANY USERS (INCLUDING ANY EVENT ORGANIZERS) CONTENT OR LISTINGS OR THE ABILITY OF
ANY USER TO PERFORM OR COMPLETE A TRANSACTION. YOU UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR
ANY TRANSACTION BETWEEN YOU AND AN EVENT ORGANIZER.
THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND ON AN "AS
AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. KEYFLOW AND ITS OFFICERS,
DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, SUBSIDIARIES, AND AGENTS (COLLECTIVELY, THE "KEYFLOW
ENTITIES") SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR
NON-INFRINGEMENT. THE KEYFLOW ENTITIES DO NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY MATERIALS OR
CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL
COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR ANY MATERIALS OR CONTENT
AVAILABLE ON OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE KEYFLOW ENTITIES OR THE
SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT
FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALINGS WITH OTHER USERS OF THE SERVICES, AND ANY MATERIALS OR
CONTENT AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AND USE, ACCESS,
DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES
AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOURPROPERTY (INCLUDING YOUR
COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR
THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION
11. LIMITATION OF LIABILITY
IN NO EVENT WILL THE KEYFLOW ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE
SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE KEYFLOW ENTITIES HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL KEYFLOW BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES ARISING
OUT OF OR RELATING TO YOUR CONDUCT OR THE CONDUCT OF ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES,
INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM
COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR PERSONS YOU MEET THROUGH THE SERVICES.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE KEYFLOW ENTITIES TO THE EVENT ORGANIZER FOR ANY AND ALL CLAIMS ARISING
OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICES (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE
THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE
AMOUNT OF (1) THE PURCHASE PRICE FOR YOUR MOST RECENT PURCHASE ON THE SERVICES, OR (2) USD$50, WHICHEVER IS GREATER.
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION
OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL
ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF
ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 11 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS
OF ITS ESSENTIAL PURPOSE.
NOTHING IN THESE T&CS SHALL EXCLUDE OR LIMIT OUR LIABILITY WITH REGARD TO ANY MATTER FOR WHICH IT WOULD BE UNLWAFUL
FOR US TO LIMIT OR EXCLUDE OUR LIABILITY.
Nothing in these T&Cs shall affect the rights you may have under applicable law regarding your use of the Services.
Should any parts of these T&Cs be deemed invalid or unenforceable against you, then that particular portion shall be
deemed invalid or unenforceable, as the case may be. Such invalidity or unenforceability shall not in any manner
affect or render invalid or unenforceable the remaining provisions of these T&Cs, and the application of that
provision shall be enforced to the full extent permitted by law.
13. TERM AND TERMINATION
These T&Cs will continue to apply to you unless terminated by either you or Us. We may terminate the T&Cs or suspend
your account and/or access to the Services at any time, including in the event of your actual or suspected
unauthorized use of the Services, misuse of the Services or non-compliance with the T&Cs. If you or We terminate the
T&Cs, or if We suspend your account and/or access to the Services, you agree that We shall have no liability or
responsibility to you or any third party and We will not refund any amounts that you have already paid.
14.1 Processing of personal data performed by Us
To provide you with the Services, We need to collect and process your personal data. Such personal data includes
e.g. name, contact details, birthdate, user name and password, photo, credit/debit card information, geolocation
data etc. To be able to invite friends to Events, you may also choose to give Us access to your devices address
book. We will also collect your IP address when you use the Services. An IP address is a number that is
automatically assigned to your device and is automatically identified to our server when you use the Services. In
addition, We may receive personal data about you from Event Organizers who wish to invite you to Events or to send
you VIP cards. We may associate this information with other personal data that We have collected or obtained about
you and process it for the purposes set out herein.
In order to offer you all of the GuestApp features we will ask you to give Us permission to gather information from
you regarding your contacts, your location and your camera. We will not receive any of this information unless you
agree to give Us access to these features.
Your location: We will ask you to give Us information about your location. We will use your location to give you
information about what events are taking place in your current location.
Your camera: We will ask you to give Us permission to access your phones camera. Your camera can be used to add a
profile picture to your Keyflow account.
Your contacts: We will ask you to give Us access to the contacts in your address book. This will help you connect
with and invite your contacts to Events.
Your personal data will be processed in order to administer your account, your purchases and other use of the
Services, including to track which Events you will attend and which Events you have previously attended, to analyze
your use of the Services to personalize and improve your experience of the Services, for example by providing
customized or localized content. Your personal data may also be processed for market- and customer analyses, for
business- and method development, for providing you with offers regarding upcoming Events and new Services and other
marketing activities. We will not use your personal data to send you spam e-mails. Where you choose to give Us
access to your devices address book, We will only use such information for sourcing and recognizing and recommending
you to people you may know within our community.
For the purposes set out above, We may engage third party service providers for the processing of your personal
data. To enable purchases, your payment card or other payment-related information will be transferred to the third
party payment service provider Stripe. When processing your personal data, such third party service providers act as
data processors on behalf of Us and will only process your personal data in accordance with our instructions.
Keyflow is the data controller in respect of personal data relating to you which is processed by Us or our data
processors. As such, We are responsible for treating your personal data in compliance with applicable data
protection legislation. You are entitled to, once per year and without charge, receive information about what
personal data about you that We are processing, as well as information on the extent and purpose of such processing.
We are also obliged to, at your request, correct any personal data about you that is incorrect, incomplete or
We will keep your personal data until you request that it be removed, or for as long as is permitted and/or required
by applicable law, and will thereafter be deleted.
14.2 Security measures implemented by Keyflow to protect your personal data
We are committed to protecting the security of your personal data. We will take reasonable technical and
organizational measures to protect personal data we store or process. We use a variety of industry-standard security
technologies and procedures to help protect your personal data from unauthorized or unlawful access, use or
disclosure and accidental loss, destruction and damage. Even though We have taken significant steps to protect your
personal data, no security measures are completely secure, and We do not guarantee the security of your personal
14.3 Processing of personal data performed by Event Organizers
To enable your attendance at Events, receipt of invites and VIP cards, and certain other uses of the Services, you
acknowledge that your personal data will also be processed by the relevant Event Organizers and you consent to such
transfers and processing. Please note that your payment information will never be transferred to the Event
Each Event Organizer is a data controller in respect of your personal data processed by the respective Event
Organizer. We are in no way responsible or liable for the processing of your personal data carried out by any Event
Organizers. As data controllers, each Event Organizer is responsible for treating your personal data in accordance
with applicable law. In order to request such information, obtain more information on their privacy obligations,
relevant Event Organizer directly.
14.4 International transfer of personal data
If you are located in the EEA:
Due to the Event Organizers and our service providers’ international business, your personal data may be transferred
to a country located outside of the European Economic Area (the "EEA"), which may not provide the same protection
for personal data as within the EEA. In addition, if you use the Services while you are outside of the EEA, your
personal data may be transferred outside of the EEA in order to provide you with the Services.
If you are located in the United States:
Due to the Event Organizers and our service providers international business, your personal data may be transferred
to a country other than the United States. In addition, if you use the Services while you are outside of the United
States, your personal data may be transferred outside of the United States in order to provide you with the
14.5 Marketing Communications
By accepting these T&Cs, you consent to the collection and use of your personal data in accordance with the purposes
set out above. You acknowledge and agree that Keyflow may send you marketing by email, electronic text messaging
(SMS) or other similar automated system for individual communication from Us or from such third party who is
entitled to use your personal data in accordance with what is stated above. Prior to sending you such marketing
communications you will be given the option to consent to receiving such communications. If you do not want to
receive communications of this kind you will have the possibility to unsubscribe at any time. Subject to applicable
law, you have the right to withdraw your consent to your personal data being used for marketing purposes at any
time. You are also entitled to withdraw your consent to our processing of your personal data. However, you are aware
that if you withdraw your consent, you may not be able to use the Services.
16. CONSENT TO ELECTRONIC COMMUNICATIONS
By using the Services, you consent to receiving certain electronic communications from Us as further described in
to you electronically will satisfy any legal communication requirements, including that such communications be in
17. GOVERNING LAW AND JURISDICTION
17.1 Non-US Residents
If you are not located in or a resident of the United States of America, these T&Cs shall be governed by and
construed in accordance with the laws of Sweden. Swedish courts shall have exclusive jurisdiction in respect of any
courts; provided that nothing herein shall prevent the application and enforcement of mandatory and applicable law.
17.2 US Residents
If you are located in or a resident of the United States of America, these T&Cs will be governed by the laws of the
State of New York without regard to conflict of laws principles. To the extent that any lawsuit or court proceeding
is permitted hereunder, you and Keyflow agree to submit to the personal and exclusive jurisdiction of the courts
located within New York County, New York for the purpose of litigating all such disputes.
If you are located in or a resident of the United States of America, then the provisions of this Section 18 apply to
your use of the Services and agreement with Keyflow.
In the interest of resolving disputes between you and Keyflow in the most expedient and cost effective manner, you
and Keyflow agree that any and all disputes arising in connection with these T&Cs must be resolved by binding
arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of
a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by
courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate
disputes includes, but is not limited to all claims arising out of or relating to any aspect of these T&Cs, whether
based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the
claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE
T&CS, YOU AND KEYFLOW ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding subsection18.1, both parties agree that nothing herein will be deemed to waive, preclude, or
otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement
actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive
relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement
Any arbitration between you and Keyflow will be governed by the Commercial Dispute Resolution Procedures and the
Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration
Association ("AAA"), as modified by these T&Cs, and will be administered by the AAA. The AAA Rules and filing forms
are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Keyflow.
18.4 Notice; Process.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified
mail or Federal Express (signature required), or in the event that we do not have a physical address on file for
you, by electronic mail ("Notice"). Keyflow's address for Notice is: Keyflow AB, Magnus Ladulåsgatan 3,
118 65 Stockholm , Sweden. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set
forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but
if we do not reach an agreement to do so within 30 days after the Notice is received, you or Keyflow may commence an
arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Keyflow must not
be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event
our dispute is finally resolved through arbitration in your favor, Keyflow will pay you (i) the amount awarded by
the arbitrator, if any; (ii) the last written settlement amount offered by Keyflow in settlement of the dispute
prior to the arbitrator’s award; or (iii) $1,000, whichever is greater.
In the event that you commence arbitration in accordance with these T&Cs, Keyflow will reimburse you for your
payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees will
be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in New York,
New York provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted
(i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic
hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing
address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is
frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil
Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to
reimburse Keyflow for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA
Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written
decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are
based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses
at any time during the proceding and upon request from either party made within 14 days of the arbitrator’s ruling
on the merits.
18.6 No Class Actions.
YOU AND KEYFLOW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT
AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and
Keyflow agree otherwise, the arbitrator may not consolidate more than one person’s claim, and may not otherwise
preside over any form of a representative or class proceeding.
In the event that Keyflow makes any future change to this arbitration provision (other than a change to Keyflow’s
address for Notice), you may reject any such change by sending us written notice within 30 days of the change to
Keyflow’s address for Notice, in which case your account with Keyflow will be immediately terminated and this
arbitration provision, as in effect immediately prior to the amendments you reject will survive.
If Subsection 18.6 is found to be unenforceable or if the entirety of this Section 18 is found to be unenforceable,
then the entirety of this Section 18 will be null and void and, in such case, the parties agree that the exclusive
jurisdiction and venue described in Section 17 will govern any action arising out of or related to these T&Cs.
If you have any question regarding theses T&Cs, the Services, use of your personal data or otherwise, please
These T&Cs were last updated on 20 september 2018.