Wi-Fi For Your Smart Home and Business

Legal Information

Terms of Use

Last update 2020-04-23

  • Introduction

  1. By accessing and using https://keenetic.com or with another domain extension ("Website"), which is owned by Keenetic GmbH (collectively, "we", "our" or "us" or "Keenetic") and its services, as a user, you are deemed to have accepted the terms of use ("TOU") and to be bound by all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. The terms “user” or "you" or "your" refers to any individuals who, by any reason or for any purpose, use this Website. If you do not agree with any of these terms, you should not use or access this Website and its services.

  2. Please also note our Website Privacy Notice (“WPN”) which informs you how Keenetic processes personal data about you when accessing and using the Website.

  3. It is your responsibility from time-to-time to check the WPN and TOU for changes or modifications. Keenetic may change the content available on this Website or the products mentioned at any time without notice. Your continued use of this Website and its services following the posting of changes or modifications will mean that you accept any changes or modifications in the WPN and TOU.

  • General Disclaimer

  1. This Website and its content are provided for your convenience only for the purposes of providing information about Keenetic's products ("Products") and services, such as marketing and advertisement ("Services").

  2. Keenetic provides users with access to this Website, as well as other services that may be introduced from time-to-time. Access to this Website may involve third party fees (such as internet service provider or airtime charges). In addition, you must provide and be responsible for all equipment necessary to access this Website.

  • Product Availability

  1. The availability of the Products and Services described on this Website, and the descriptions of such Products and Services, may vary in your country. Please consult with Keenetic's local sales representatives or agents if specific products and/or services cannot be found.

  • Accuracy of Content

  1. We make reasonable efforts to update the information on this Website, Keenetic assumes no obligation or responsibility regarding the accuracy of the information whatsoever. Keenetic makes no representations, no warranties, and no guarantees, whether express or implied, that product specifications, pricing, or other content relating to its Products and/or Services are complete, accurate, reliable, current, or error-free.

  2. We do not guarantee the accuracy of the colour or design of the Products on this Website. We have made efforts to ensure that the colour and design of our Products are displayed as accurately as possible on this Website.

  3. In the event of any errors relating to pricing or specification, we have the right to refuse or cancel any order at our sole discretion.

  • Use of Site & Products and / or Services

  1. You agree to use this Website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy laws.

  2. You agree to not to use this Website to conduct any activity which would constitute a civil or criminal offence, or violate any laws. You agree not to attempt to interfere with this Website's network or security features or gain any unauthorized access to our systems.

  3. We reserve the right to refuse registration, terminate accounts, remove and edit content, or cancel orders at our sole discretion. Keenetic is not be liable for any damage, losses, costs, or expenses arising out of the termination of any part of the Services, to you or to any other party.

  4. We reserve the right to do any of the following at any time, without notice and without giving any reason (i) remove this Website for an indefinite period of time or cancel this Website (ii) modify, suspend, interrupt, or terminate operation of or access to this Website, or any portion of this Website, whether to perform routine or non-routine maintenance, error correction, other changes, or otherwise, and (iii) modify or change this Website. Users acknowledge and accept that we shall not be liable to any party for all or any of the actions referred to in this paragraph, or otherwise.

  5. We do not guarantee that no viruses or other contaminating or destructive properties may be transmitted through this Website, or that no damage will be caused to your computer, tablet, telephone, or any other devices.

  6. In the event that we believe (for any reason) that there is any breach or possible breach of the TOU or WPN, or any other relevant policies stipulated by us, we are entitled to take legal action against those who are in breach. If we do not act or have deferred action in relation to any breach, this does not mean that we have surrendered/waived our right to do so.

  • Exclusion of Liability

  1. You assume all responsibility and risk with respect to your use of this Website, which is provided "as is" without any warranties, guarantees, representations, or conditions of any kind, either express or implied, with regard to information accessed from or via this Website.

  2. We do not guarantee that unauthorized third parties will never be able to circumvent our security measures, or use your personal information for improper purposes. You acknowledge and accept that you provide your personal information at your own risk. If there is unauthorized use or any other breach of security of which you become aware, Keenetic is not liable to you for any loss or damage arising.

  3. We are not responsible for the content available on or the set-up of any hyperlinks, websites or resources (“External Sources”) which are linked to this Website. Access to and use of External Sources are entirely at the your own risk and subject to any terms and conditions of the External Sources' providers ("External Parties"). The hyperlinks in this Website to these External Sources are provided merely for convenience. We do not guarantee the quality, standard, or quantity of products, or services provided by the External Parties, nor shall we be deemed to control, endorse, recommend, approve, guarantee, or introduce any External Parties, or have any form of cooperation with them.

  4. We reserve the right to terminate any hyperlink or linking programme at any time without notice or giving any reason. Unless otherwise expressly specified or agreed, we are not a party to any contractual arrangements entered into between the you and the External Parties.

  5. Keenetic (our officers, directors, employees, agents, representatives, shareholders, predecessors, and successors) are not responsible or liable for any loss or damages or indemnification (including by negligence or gross negligence) whatsoever and howsoever arising, or resulting from or caused by (whether direct, indirect, special, consequential or incidental to) the ability to use, inability to use or improper running of this Website or content being unable to be downloaded, or lost internet connectivity, or interruptions, delays, defects, or omissions that may exist in the service, information, materials or other content provided in this Website or any external mobile applications or websites so hyperlinked to this Website or their content. Communications or transactions may be subject to interruption, transmission blackout, delay, or failed transmission, and incorrect, erroneous, incomplete or lot data transmission. We will not be liable for malfunctions in communication facilities not under our control that may affect the matters in these TOU.

  6. You have the sole responsibility for ensuring adequate protection and back-up of data, information and/or equipment, and for undertaking appropriate precautions to scan for computer viruses or other destructive properties.

  7. We make no representations or warranties or guarantees as regards to the accuracy, functionality, or performance of any third party software that may be used in connection with this Website.

  • Intellectual Property

  1. We are the owner or the licensee of all intellectual property rights on this Website, and of the material published on it. Without prior written consent of Keenetic, any content on this Website should not be reproduced, distributed, or otherwise used in any medium for any purpose. When any information [or software] is downloaded from this Website, you agree that you will not copy or remove or obscure any copyright or other notices contained in any such information [or software]. All trademarks and logos displayed, mentioned or otherwise used on this Website are the property of Keenetic. All such rights are reserved.

  • Applicable Law and Jurisdiction

  1. These TOU are governed and construed in accordance with the laws of the Hong Kong Special Administrative Region. As a Website user, you agree to submit to the exclusive jurisdiction of the Courts in the Hong Kong Special Administrative Region with respect to any legal proceedings that may arise in connection with the Website or any of our Products and/or Services, or from a dispute as to the interpretation or breach of these TOU and/or WPN.

  • Personal Information and Data

  1. We respect the Personal Data (Privacy) Ordinance (Cap. 486) (“PDPO”) and strive to implement and abide by the applicable data protection principles, as well as any related stipulations in the PDPO. Please read our WPN for more information.

  • Severability

  1. If any term of these TOU or WPN are found to be illegal, invalid or unenforceable in whole or in part, under any ordinance or rule of law, such term or part shall to that extent be deemed not to form part of these TOU and WPN, and the legality, validity or enforceability of the remainder of these TOU and WPN shall not be affected.

  • Language Versions

  1. In case of discrepancies between the English and other versions of these TOU and WPN, the English version shall apply and prevail.

Device Privacy Notice

Last update 2020-05-01

SUMMARY OF KEENETIC DEVICE PRIVACY NOTICE ON DATA PROCESSING

Keenetic GmbH, Kurt-Blaum-Platz 8, 63450 Hanau, Germany (hereafter "Keenetic", "we", "us", or "our") as the responsible data controller for any personal data collected and processed in connection with the use of our devices provide this summary of Keenetic devices ("Keenetic Devices") privacy notice (hereafter "Summary Notice") of the accompanying, detailed Keenetic device privacy notice (hereafter "Full Notice") on data processing to you in order to give you an overview of our practices with respect to the collection, storage, use, disclosure or erasure (hereafter jointly "Process or Processing") of information of any kind (e.g., Software version installed) related to you (hereafter jointly "Personal Data") in connection with the use of Keenetic devices. Each time we use a technical term taken from the applicable privacy laws and regulations We shall explain in parentheses first (as shown above) and then continue using the defined term with the defined meaning, and shall mark statements only applicable to the extent admissible or required in your jurisdiction with "*". You can read the Full Notice and a list of all defined terms with more details on their respective meanings below.

Scope of applicability

This Summary Notice applies to the use of Keenetic Devices.

Processing of your Personal Data (categories of Personal Data)

We Process the following of your Personal Data collected and processed in connection with the use of the Devices: IP address of your Keenetic Device, Service Tag (unique identification number of device), the device serial number, model number, current KeeneticOS software version and components list of device, date of your consent with this Device privacy notice and End User License Agreement, user interface language, domain names booked for the Device with KeenDNS service. For more details see Section I of the Full Notice.

Processing purposes

We Process your Personal Data for the following purposes: Authenticity Status Verification, Internet Checker, Automatic Updates, Product Improvement Program, Dynamic DNS Service, Automatic SSL Certificate Installation, Technical Support, Third-Party Services Configuration. For more details see Section II of the Full Notice.

Legal justifications for the Processing of your Personal Data

One of the key privacy law requirements is that any Processing of Personal Data has to have a legal justification. We generally use the following legal justifications: the Processing is based on your consent (Art. 6(1)(a) GDPR; "Consent Justification", necessary for (i) fulfilment of a contract (Art. 6(1)(b) GDPR; "Contract Justification"), (ii) compliance with a legal obligation (Art. 6(1)(c) GDPR; "Legal Obligation Justification", (iii) realizing a legitimate interest (Art. 6(1)(f) GDPR; "Legitimate Interest Justification"). For more details and the matching of purposes and corresponding legal justifications see Section III of the Full Notice.

Data transfers and recipients and legal justification for such transfers

We transfer your Personal Data to other Keenetic group companies and third parties (e.g., service providers), certain acquiring or acquired entities, and, in accordance with applicable law, governmental authorities, courts, external advisors, and similar third parties, some of the aforementioned recipients located in jurisdictions outside the EU. For more details see Section IV of the Full Notice.

Retention periods for and deletion of your Personal Data

Your Personal Data will be deleted once they are no longer needed for the purposes that motivated their original collection or as required by applicable law. For more details see Section V of the Full Notice.

Your statutory rights

As set forth by applicable law, you have a number of rights with regard to the Processing of your Personal Data, each as per the conditions defined in applicable law, such as the right to get access to your data, to get them corrected, erased or handed over. Please refer any of your questions to gdpr@keenetic.com (which will be handled by our parent company Keenetic Limited, Hongkong, on our behalf and according to our instructions). For more details see Section VI of the Full Notice.

Changes of this Summary Notice and the Full Notice as well as further notices

Both this Summary Notice and the Full Notice are subject to change. You will be notified adequately of any such changes. Further, you will be notified adequately through further relevant privacy notices (e.g., for specific purposes, systems used by Keenetic) in case such is not covered by this Summary Notice and the Full Notice.

How to contact us

If you wish to exercise your data subject rights or if you have any other questions concerning this Notice, please address your request to Keenetic via gdpr@keenetic.com (which will be handled by our parent company Keenetic Limited, Hongkong, on our behalf and according to our instructions).

FULL NOTICE

I. Categories of Personal Data

We process the following Personal Data about you:

  • IP address of your Keenetic Device (referred to as "IP Address");
  • Service Tag (device’s unique identification number), the device serial number, model number, KeeneticOS software version of device and components list, date of your consent with this Device privacy notice and End User License Agreement, user interface language, domain names booked for the Device with KeenDNS service (jointly referred to as "Basic Device Data").

II. Processing purposes

We process your Personal Data to the extent permitted or required under applicable law, for the following purposes:

  • to ensure the operation of your Keenetic Device (such as to (i) maintain a permanent secure connection with Keenetic servers, (ii) check the originality of your Keenetic Device and the presence of a valid license (as applicable), (iii) record your consent to the this Device privacy notice and End User License Agreement) (jointly referred to as "Authenticity Status Verification").

For this purpose your Keenetic Device transmits IP address, Service Tag, the device serial number, model number, End User License Agreement version and the date of consent, Data Privacy Notice version and the date of consent.

  • to verify the availability, proper operation and speed of the internet connection (such as to (i) establish a periodical connection to the Keenetic test server; (ii) measure the internet speed between your Keenetic Device and Keenetic speed test server) (referred as "Internet Checker").

For this purpose only the IP address of your Keenetic Device is transmitted.

  • to ensure your Keenetic Device stability, safety and security (such as to send KeeneticOS software updates to your Keenetic Device) (referred to as "Automatic Updates").

In order to determine the necessary updates, your Keenetic device sends Service Tag, the device serial number, model number, device’s current KeeneticOS software version and components list, to us at regular intervals. We use this data in order to build required KeeneticOS software image for your Keenetic device and perform targeted update.

The "KeeneticOS automatic updates" option is disabled by default. However, in order to ensure the security and reliable operation of your device, we recommend enabling this option during installation or later under "General system settings" section. In a Mesh Wi-Fi System configuration, the "KeeneticOS automatic updates" option is automatically applied from the Main Keenetic router to the Extenders.

  • to improve your Keenetic Device quality and performance (such as to share anonymous Keenetic device diagnostic and usage information) (referred to as "Product Improvement Program").

The Product Improvement Program collects and periodically sends statistically relevant data on quality, application scenarios and ambient parameters from a random sample of Keenetic devices. This information serves to detect technical problems, to guide useful further development, and to make qualitative improvements measurable.

Diagnostics data do not include any names assigned by the customer. Insofar as diagnostics data must be logged and evaluated, we do so in anonymized form, that is, without any reference to the person of the user. This way you can benefit from optimizations implemented in updates or necessary adjustments by Keenetic. Examples of diagnostics data are quality and configuration parameters of the LTE and DSL modems, internet and Wi-Fi connections, basic performance parameters, configurations of the KeeneticOS operating system, and crash reports resulted from errors in operation.

The "Product Improvement Program" option is disabled by default. However, in order help Keenetic improve your experience, we recommend enabling this option during installation or later under "General system settings" section. In a Mesh Wi-Fi System configuration, the "Product Improvement Program" option is automatically applied from the Main Keenetic router to the Extenders;

  • to provide you with the opportunity to securely access your Keenetic Device remotely (referred to as "Dynamic DNS Service").

Keenetic operates a dynamic DNS server (KeenDNS Service) to provide remote access to your Keenetic Device over the Internet. For this purpose, your Keenetic Device transmits its IP address, Service Tag and requested Domain Name to the KeenDNS server. KeenDNS server keeps Domain Name reference to the device’s Service Tag and its current IP address. Your Keenetic Device will keep transmitting its IP address at regular intervals to KeenDNS server as long as KeenDNS Service is enabled. Outdated IP address are deleted immediately. Keenetic Device will automatically request an SSL certificate issued by the letsencrypt.org certificate authority for selected domain name after the booking. The certificate is renewed automatically at regular intervals. The KeenDNS Service is disabled by default. You can enable it under "Domain name" section by booking a desired domain name. If necessary, KeenDNS Service can be fully removed from your Keenetic Device by uninstalling "Cloud-based remote control and KeenDNS" component under the "General system settings" section.

  • to protect the default management interface of your Keenetic Device with an SSL certificate (referred to as "Automatic SSL Certificate Installation").

After the successful initial connection to the Internet, your Keenetic Device will automatically request a self-assigned domain name with SSL certificate in the *.keenetic.io subdomain via KeenDNS service.

The automatic SSL certificate installation is enabled by default. Upon the successful booking all local requests to the default management address of your Keenetic Device (my.keenetic.net) will be redirected to the self-assigned domain name in the *.keenetic.io subdomain using the secure https link. To cancel the use of self-assigned domain name with SSL certificate remove "Cloud-based remote control and KeenDNS" component under the "General system settings" section of your Keenetic Device.

  • to deliver Keenetic Device support services (such as to (i) enable the context-sensitive display of the embedded online help, (ii) provide remote technical support assistance upon your request) (jointly referred to as "Technical Support").

Your Keenetic Device sends the model number, installed KeeneticOS software version, language, and information on the context of the user interface in which the help was accessed, in order to enable the context-sensitive display of contents appropriate to the product being used. Remote technical support assistance works by means of temporary domain name booking via KeenDNS Service upon user consent.

  • to deliver easy configuration of the third-party services with your Keenetic Device (such as to obtain the up to date lists of Captive Portal and Voice over IP Telephony Providers along with their recommended settings) (referred to as "Third-Party Services Configuration").

For this purpose, only the IP address of your Keenetic is transmitted. No further processing takes place.

III. Legal justification for the Processing of your Personal Data

In general, you are required to provide your Personal Data, except in limited instances when we indicate that certain information is voluntary. However, if you do not provide your Personal Data, the certain functionalities might be delayed or impossible.

Furthermore, Keenetic relies on the following legal justifications for the processing of your Personal Data:

PERSONAL DATA
General description of Processing Purposes Specific Processing Purposes Categories of Personal Data Involved Legal basis
To guarantee the operation of your Keenetic Device Authenticity Status Verification,
Dynamic DNS Service,
Technical Support
IP address
Basic Device Data
Consent Justification,
Contract Justification,
Legal Obligation Justification,
Legitimate Interest Justification
Internet Checker,
Third-Party Services Configuration
IP address
To guarantee stability, safety and security of your Keenetic device Automatic Updates,
Automatic SSL Certificate Installation
IP address
Basic Device Data
To improve the quality and performance of your Keenetic device Product Improvement Program IP Address

IV. Data transfers and recipients and legal justification for such transfers

1. Recipients

To other group companies: We transfer your Personal Data to other Keenetic group companies, as permitted under applicable data privacy law pursuant to Art. 6 (1)(f) GDPR for the legitimate interests of Keenetic to assure high quality support services and maintenance for Keenetic Devices.

Third parties: Keenetic and/or other Keenetic group companies may also transfer your data to governmental agencies and regulators (e.g. tax authorities), social insurance carriers, courts, and government authorities, all in accordance with applicable law based on Art. 6 (1)(c) GDPR and to external advisors acting as controllers (e.g., lawyers, accountants, auditors etc.) based on Art. 6 (1)(f) GDPR.

Service providers (within and outside the Keenetic group): Keenetic contracts with third party service providers or other Keenetic group companies as part of its normal business operations to assure high quality support services and maintenance for Keenetic Devices.

2. Cross-Border Data Transfers

We transfer your Personal Data outside of the country you are located. Some recipients of your Personal Data are located in another country for which the European Commission has not issued a decision that this country ensures an adequate level of data protection, namely: Hong Kong, or some of the locations of non-European Keenetic group companies.

Some recipients located outside of the European Economic Area (EEA) are certified under the EU-U.S. Privacy Shield and others are located in countries for which the European Commission has issued adequacy decisions. In each case, the transfer is thereby recognized as providing an adequate level of data protection from a European data protection law perspective (Art. 45 GDPR).

By way of entering into appropriate data transfer agreements based on Standard Contractual Clauses (2010/87/EU and/or 2004/915/EC) as referred to in Art. 46(5) GDPR or other adequate means, which are accessible via the contact details above we have established that all other recipients located outside the EEA will provide an adequate level of data protection for the Personal Data and that appropriate technical and organizational security measures are in place to protect Personal Data against accidental or unlawful destruction, accidental loss or alteration, unauthorized disclosure or access, and against all other unlawful forms of processing. Any onward transfer (including our affiliates outside the EEA) is subject to appropriate onward transfer requirements as required by applicable law.

V. Retention periods for and deletion of your Personal Data

Your Personal Data is stored by Keenetic and/or our service providers, strictly to the extent necessary for the performance of our obligations and strictly for the time necessary to achieve the purposes for which the Personal Data is collected, in accordance with applicable data protection laws. When Keenetic no longer needs to process your Personal Data, we will erase it from our systems and/or records and/or take steps to properly anonymize it so that you can no longer be identified from it unless we need to keep your information to comply with legal or regulatory obligations to which Keenetic is subject.

We will retain your contact details and interests in our products or services for a longer period of time if Keenetic is allowed to send you marketing materials. Also, we typically erase contracts, communications, and business letters containing Personal Data, or we redact Personal Data from such documents, 10 years after their termination or creation, as such data may be subject to statutory retention requirements, which often require retention of up to 10 years. In addition, if a judicial or disciplinary action is initiated, the Personal Data will be stored until the end of such action, including any potential periods for appeal, and will then be deleted or archived as permitted by applicable law.

VI. Your statutory rights

If you have declared your consent for any personal data processing activities, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.

Under the conditions set out under applicable law (i.e., the GDPR), you have the following rights:

  1. Right of access: You have the right to obtain from us confirmation as to whether or not Personal Data concerning you is being processed, and, where that is the case, to request access to the Personal Data. The access information includes — inter alia — the purposes of the processing, the categories of Personal Data concerned, and the recipients or categories of recipients to whom the Personal Data have been or will be disclosed.

You have the right to obtain a copy of the Personal Data undergoing processing. For additional copies requested by you, we may charge a reasonable fee based on administrative costs.

  1. Right to rectification: You have the right to obtain from us the rectification of inaccurate Personal Data concerning you. Depending on the purposes of the processing, you have the right to have incomplete Personal Data completed, including by means of providing a supplementary statement.

  2. Right to erasure (right to be forgotten): You have the right to ask us to erase your Personal Data.

  3. Right to restriction of processing: You have the right to request the restriction of processing your Personal Data. In this case, the respective data will be marked and may only be processed by us for certain purposes.

  4. Right to data portability: You have the right to receive the Personal Data concerning you which you have provided to us in a structured, commonly used and machine-readable format and you have the right to transmit those Personal Data to another entity without hindrance from us.

  5. Right to object:

You have the right to object, on grounds relating to your particular situation, at any time to the processing of your Personal Data by us and we can be required to no longer process your Personal Data. If you have a right to object and you exercise this right, your Personal Data will no longer be processed for such purposes by us. Exercising this right will not incur any costs. Such a right to object may not exist, in particular, if the processing of your Personal Data is necessary to take steps prior to entering into a contract or to perform a contract already concluded.

Please note that the aforementioned rights might be limited under the applicable national data protection law. Keenetic remains the universal point of contact for your execution of these rights.

Please refer any of your questions to dpo@keenetic.de.

In case of complaints, you also have the right to lodge a complaint with the competent supervisory authority, in particular in the Member State of your habitual residence or alleged infringement of the GDPR.

Website Privacy Notice

Last update 2019-12-24

1. Introduction and Scope

This Privacy Notice applies to the use of the website https://keenetic.com ("Website") being accessed from within the EU/EEA. 

2. Data Controller

The responsible data controller for any personal data collected and processed in connection with the use of the Website is Keenetic GmbH, Kurt-Blaum-Platz 8, 63450 Hanau, Germany (hereafter "Keenetic", "we", "us", or "our").

3. Contact Details

If you have any questions etc. about or in connection with this Privacy Notice or would like to complain about our handling of your personal data or exercise any of your rights (see section 9 below), please contact us by using one of the following contact details:

Keenetic GmbH, Kurt-Blaum-Platz 8, 63450 Hanau, Germany; tel +49 6181 299 7350; gdpr@keenetic.com,  (which will be handled by our parent company Keenetic Limited, Hongkong, on our behalf and according to our instructions).

4. Data Subjects

This Privacy Notice applies to the collection and processing of personal data of users of the Website.

5. Categories of Data, Purposes of the Processing and Legal Basis

5.1 The Appendix Personal Data and Cookies contains detailed information on:

  • the categories of personal data we collect from you or from third parties (e.g., public authorities or public resources) in addition to other personal data that you actively provide to us (e.g., when you send an email to us);
  • the purposes for which we process these personal data; and
  • the legal bases for the collection and processing of your personal data (unless otherwise provided, e.g., at the time we collect the data from you) we collect and process your personal data.

5.2 Please note that we process your personal data for other purposes only if we are obligated to do so on the basis of legal requirements (e.g., transfer to courts or criminal prosecution authorities), if you have consented to the respective processing or if the processing is otherwise lawful under applicable law. If processing for another purpose takes place we will provide you with additional information.

5.3 You may choose not to provide certain types of personal data to us, unless the provision of personal data is required for the performance of a contract you conclude with us (e.g., to provide you with products and services you ordered). If you choose not to provide certain types of personal data, our ability to provide you with, and your ability to make use of, the Website or their features and services may be affected.

6. Recipients and Categories of Recipients

Any access to your personal data at Keenetic is restricted to those individuals that have a need to know in order to fulfill their job responsibilities.

Keenetic will transfer your personal data for the respective purposes to the recipients and categories of recipients listed below:

6.1 Within the Keenetic group: We share your personal data with other Keenetic group companies as to provide you with information you have requested via the Website for the legitimate interests of Keenetic based on Art. 6 (1) (f) GDPR.

6.2 Service Providers (within and outside the Keenetic group): We use service providers to provide services and products on our behalf and will share your personal data with them as necessary for the provision of the services and products. Our service providers are contractually obligated to process such data on behalf of Keenetic under appropriate instructions as necessary for the respective processing purposes and to appropriately protect your personal data. Our service providers may not otherwise process or share your personal data, except as permitted by law. We use service providers to communicate news and deliver promotional and transactional materials to you, including personalized online and mobile advertising.

6.3 Governmental authorities, courts, external advisors, and similar third parties that are public bodies as required or permitted by applicable law, in order to: (i) ensure compliance with applicable laws, (ii) respond to governmental inquiries or requests from public authorities, (iii) comply with valid legal process, (iv) protect the rights, privacy, safety or property of Keenetic, site visitors, guests, employees or the public, (v) permit us to pursue available remedies or limit the damages that we may sustain, (vi) enforce our websites' terms and conditions, and (vii) respond to an emergency. Such data transfers are based on Art. 6 (1) (c) and/or (f) GDPR.

7. Cross-Border Data Transfer

7.1 We transfer your personal data outside of the country you are located. Some recipients of your personal data are located in another country for which the European Commission has not issued a decision that this country ensures an adequate level of data protection, namely: Hong Kong, or some of the locations of non-European Keenetic group companies.

7.2 Some recipients located outside of the European Economic Area (EEA) are certified under the EU-U.S. Privacy Shield and others are located in countries for which the European Commission has issued adequacy decisions. In each case, the transfer is thereby recognized as providing an adequate level of data protection from a European data protection law perspective (Art. 45 GDPR).

7.3 By way of entering into appropriate data transfer agreements based on Standard Contractual Clauses (2010/87/EU and/or 2004/915/EC) as referred to in Art. 46(5) GDPR or other adequate means, which are accessible via the contact details above we have established that all other recipients located outside the EEA will provide an adequate level of data protection for the personal data and that appropriate technical and organizational security measures are in place to protect personal data against accidental or unlawful destruction, accidental loss or alteration, unauthorized disclosure or access, and against all other unlawful forms of processing. Any onward transfer (including our affiliates outside the EEA) is subject to appropriate onward transfer requirements as required by applicable law.

8. Retention Period

8.1 Your personal data is stored by Keenetic and/or our service providers, strictly to the extent necessary for the performance of our obligations and strictly for the time necessary to achieve the purposes for which the personal data is collected, in accordance with applicable data protection laws. When Keenetic no longer needs to process your personal data, we will erase it from our systems and/or records and/or take steps to properly anonymize it so that you can no longer be identified from it unless we need to keep your information to comply with legal or regulatory obligations to which Keenetic is subject.

8.2 We will retain your contact details and interests in our products or services for a longer period of time if Keenetic is allowed to send you marketing materials. Also, we typically erase contracts, communications, and business letters containing personal data, or we redact personal data from such documents, 10 years after their termination or creation, as such data may be subject to statutory retention requirements, which often require retention of up to 10 years. In addition, if a judicial or disciplinary action is initiated, the personal data will be stored until the end of such action, including any potential periods for appeal, and will then be deleted or archived as permitted by applicable law.

9. Your Rights

9.1 If you have declared your consent for any personal data processing activities, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.

  Under the conditions set out under applicable law (i.e., the GDPR), you have the following rights:

9.2 Right of access: You have the right to obtain from us confirmation as to whether or not personal data concerning you is being processed, and, where that is the case, to request access to the personal data. The access information includes – inter alia – the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipients to whom the personal data have been or will be disclosed.

You have the right to obtain a copy of the personal data undergoing processing. For additional copies requested by you, we may charge a reasonable fee based on administrative costs.

9.3 Right to rectification: You have the right to obtain from us the rectification of inaccurate personal data concerning you. Depending on the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

9.4 Right to erasure (right to be forgotten): You have the right to ask us to erase your personal data.

9.5 Right to restriction of processing: You have the right to request the restriction of processing your personal data. In this case, the respective data will be marked and may only be processed by us for certain purposes.

9.6 Right to data portability: You have the right to receive the personal data concerning you which you have provided to us in a structured, commonly used and machine-readable format and you have the right to transmit those personal data to another entity without hindrance from us.

9.7 Right to object:

You have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data by us and we can be required to no longer process your personal data. If you have a right to object and you exercise this right, your personal data will no longer be processed for such purposes by us. Exercising this right will not incur any costs.

Such a right to object may not exist, in particular, if the processing of your personal data is necessary to take steps prior to entering into a contract or to perform a contract already concluded.

  Please note that the aforementioned rights might be limited under the applicable national data protection law. Keenetic remains the universal point of contact for your execution of these rights.

  Please refer any of your questions to gdpr@keenetic.com (which will be handled by our parent company Keenetic Limited, Hongkong, on our behalf and according to our instructions).

  In case of complaints, you also have the right to lodge a complaint with the competent supervisory authority, in particular in the Member State of your habitual residence or alleged infringement of the GDPR.

10. Cookies and similar technologies

10.1 Cookies. When you use the Website, we send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits of our website. Your web browser may provide you with some options regarding cookies. Please note that if you delete, or choose not to accept, cookies, you may not be able to utilize the features of the services provided via the Website to their fullest potential. We use third party cookies in connection with the services provided via the Website as well. For instance, we use Google Analytics to collect and process certain analytics data. We do not process or respond to web browsers' "do not track" signals or other similar transmissions that indicate a request to disable online tracking of users who visit our website or use the services provided via our website.

10.2 How we use cookies and similar technologies, in particular, for profiling. We use cookies and automatically collected information to: (i) personalize our Website and the services provided via our Website, such as remembering your information so that you will not have to re-enter it during your use of, or the next time you use, our Website and the services provided via our Website; (ii) provide customized advertisements, content, and information on the basis of profiling; (iii) monitor and analyze the effectiveness of our Website and the services provided via our Website and third-party marketing activities on the basis of profiling; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) track your entries, submissions, and status in any promotions or other activities offered through our Website and the services provided via our Website (profiling). Tracking technology (profiling) also helps us manage and improve the usability of our Website, (i) detecting whether there has been any contact between your computer and us in the past and (ii) to identify the most popular sections of our Website.

10.3 For detailed information regarding cookies and related data processing activities please refer to the Appendix Personal Data and Cookies.

11. Changes to this Website Privacy Notice

This privacy notice may require an update from time to time – e.g. due to the implementation of new technologies or the introduction of new services or features. We reserve the right to change or supplement this Website Privacy Notice at any time. We will publish the changes and/or inform you accordingly (e.g., via email).

 Appendix

Personal Data and Cookies

1. We process the following personal data in connection with your use of the Website as detailed in the following:

Purposes of the Processing

Categories of Personal Data

Legal Basis for the Processing

Administration, operation, maintenance (including maintenance of the Website's security) and improvement of the Website

  • IP address, device operating system, browser type, browser version, browser configuration;
  • Time of your visit of our Website;
  • Page requested from our Website;
  • URL and IP address of the Website from which you accessed, or were directed to our Website, including search terms entered on a site visited prior to our Website (e.g., Google search).

Legitimate Interest Justification*

Content personalization based on geography

IP address

Legitimate Interest Justification*

Registering you as a user for personalized services delivery (e.g., Tech support delivery)

  • Your first name;
  • Your last name;
  • Your email address (same as/equal to Login name);
  • Your country;
  • Password.

 

Contract Justification or, depending on the individual activity, Consent Justification

Responding to your questions, inquiries and requests provided via the Website

  • Language;
  • Your full Name;
  • Your email address;
  • Your phone number;
  • Content of any communication sent through the Website (e.g., by sending questions, inquiries and requests via the Website's contact form).
  • Your country;
  • IP Address;
  • User profile information (for registered users), including service requests placed (if related to the question, inquiry and/or request).

 

Legitimate Interest Justification*

Administration of rewards, surveys, sweepstakes, contests, or other promotional activities or events;

  • Your full Name;
  • Personal contact information (phone and email);
  • User profile information (for registered users);
  • Any other information that you enter on, or upload to, the website (e.g., content that you fill into an online form, a photo that you upload).

Legitimate Interest Justification* or, depending on the individual activity, Consent Justification

Communication with you about products and services that may be of interest to you performed through traditional mail, email, newsletter, including periodic sending of promotional materials on products, services and promotions of Keenetic specifically dedicated to you (direct marketing);

  • Your name, title and address;
  • Personal contact information (phone, email, etc.).

Legitimate Interest Justification* or, depending on the individual activity, Consent Justification

Performance of analytics and conducting customer research, including general market research or surveying our customers' needs and opinions on specific issues, generating traffic patterns, and analyzing advertising effectiveness, both on an anonymous basis (e.g., by aggregating data) or on an individual basis.

  • IP address, operating system, browser type, browser version, browser configuration, and other types of computer and connection related information relevant to identifying your type of device, connecting to the Website, enabling data exchange with you and your device, and ensuring a convenient use of the Website;
  • URL and IP address of the Website from which you accessed, or were directed to, our Website, including date and time;
  • Subpages visited while on our Website, links followed on the Website, including date and time;
  • Search terms entered;
  • Services/products viewed or searched for on the Website;
  • Consents, authorizations, etc. granted;
  • User profile information (for registered users); and
  • Survey answers, reviews, ratings and other types of feedback provided.

Legitimate Interest Justification* or, depending on the individual activity, Consent Justification

Compliance with legal obligations, prevention of unlawful uses of the Website, resolving disputes, and enforcement of our agreements;  

  • IP address, operating system, browser type, browser version, browser configuration and other types of computer and connection related information relevant to identifying your type of device connecting to the Website enabling data exchange with you and your device;
  • Subpages visited while on our Website, links followed on the Website, including date and time; and
  • User profile information (for registered users), including:
  • o    Name, title and address;
  • o    Personal contact information (phone and email);
  • o    Login information such as login name and password;
  • Service requests.

 

Legitimate Interest Justification* and Legal Obligation Justification

 

2. We use the following cookies:

Name and description of the cookie used

Categories of Personal Data and Further Information on Cookies Used (if applicable)

Essential cookie or optional cookie

Storage Period / Lifespan of the Cookie

Recipients

XSRF-TOKEN

Security measure preventing faking users identity

A unique token generated for the user’s browser to protect both our Website and user from XSRF(CSRF) attacks.

Essential cookie

Every new page request from the user erases previous cookie.

Accessed by Keenetic Limited

cookieconsent_status

Parameter stored whether you accepted the cookies usage or not

Essential cookie

1 year

Accessed by Keenetic Limited

laravel_session

generated by Laravel  -an open-source PHP web framework

User session ID to keep user’s interaction with the Website more convenient

 

Optional cookie

2 hours

Accessed by Keenetic Limited

localeswitcher_dismiss

Information on User regional website preference

Optional cookie

1 day

Accessed by Keenetic Limited

Google Analytics - Web analytics (profiling):

 

_ga cookie

Main cookie file is used for visitor tracking. Google Analytics identifies users by a unique identifier they call „Client ID“

Optional cookie

2 years

Accessed by Google Inc., USA

_gid cookie

This cookie is responsible for user behavior tracking.

Optional cookie

Expires after 24 hours of inactivity

Accessed by Google Inc., USA

_gat cookie

This cookie is used for throttling requests to Google Analytics to increase the efficiency of network calls. To limit the requests being sent from your browser to Google and make sure there is no false clicks.

Optional cookie

From 1 to 10 minutes

Accessed by Google Inc., USA

 

*For data processing activities based on legitimate interests (Art. 6 (1) (f) GDPR): Further information on the balancing test performed are available upon request to gdpr@keenetic.com (which will be handled by our parent company Keenetic Limited, Hongkong, on our behalf and according to our instructions).

***

European Union Limited Warranty

Last update 2019-06-26

Keenetic Limited guarantees that the product is free of hardware defects related to materials and assembly for THREE YEARS from documented date of purchase by the first end user.

In case of defects manifesting and a valid claim received from the consumer within this period, Keenetic Limited will, at its discretion, provide free repair, replace the product with a new one, or provide a replacement equivalent in functionality and reliability.

Warranty service is carried out through authorized Keenetic service centers located in the country where the product was sold. Keenetic warrants neither uninterrupted or error-free operation nor compatibility of its software with third party hardware or software, unless otherwise specified in the documentation accompanying the product.

Keenetic is not responsible for any damage directly or indirectly caused to people, pets, or any property, if it was caused by product misuse, violation of the rules and conditions of use or storage of the product, intentional or negligent actions of the customer or third parties.

Keenetic Limited is not responsible for loss or corruption of data stored on storage devices connected to the Keenetic router. We strongly recommend to make backup copies of important data.

KeenDNS services and online updates are provided “as is” without any warranty, expressed or implied.

The warranty is voided in the following cases:

  • the product label is missing or serial number or service code on the label has been changed, is not readable, or the reading is ambiguous;  

  • the product was used inappropriately or not in accordance with the instruction manual;  

  • the product stopped working as a result of installing software not distributed by Keenetic, it’s customer support service or Keenetic website;  

  • the device was damaged due to the connection of defective third party equipment to it;  

  • the product was rendered inoperable by the improper insertion of a non-compatible object, substances, or liquids, as a result of a lightning strike, flooding, fire, improper ventilation, other external factors and force majeure situations;  

  • the product has been opened, altered, or repaired by unauthorized persons or service centers;  

  • the product was damaged during transportation, except when the transportation was carried out by an authorized Keenetic service center.

End User License Agreement

Last update 2020-03-30

This End User License Agreement (this "Agreement") constitutes a valid and binding agreement between Keenetic Limited, including all affiliates and subsidiaries ("Keenetic", "us", "our" or "we") and You (as defined below) of the Software (as defined below), including the Software installed onto any one of our Keenetic products (the "Product") and/or the Software legally obtained from or provided by an App Platform (as defined below) authorised by Keenetic. Keenetic and You shall be collectively referred to as the "Parties", and individually as a "Party".

BY USING THE SOFTWARE, USING THE PRODUCT HAVING THE SOFTWARE INSTALLED THEREIN, COPYING THE SOFTWARE, TRANSFERRING THE SOFTWARE, MODIFYING THE SOFTWARE, AND/OR INSTALLING THE SOFTWARE ONTO THE PRODUCT, ANOTHER COMPUTING DEVICE, AND/OR COMPUTER READABLE MEDIUM, YOU ARE AGREEING TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT, DO NOT PERFORM ANY OF THE FOLLOWING: USE THE SOFTWARE, USE THE PRODUCT HAVING THE SOFTWARE INSTALLED THEREIN, COPY THE SOFTWARE, TRANSFER THE SOFTWARE, MODIFY THE SOFTWARE, AND/OR INSTALL THE SOFTWARE ONTO THE PRODUCT, ANOTHER COMPUTING DEVICE, AND/OR COMPUTER READABLE MEDIUM. FURTHERMORE, IF YOU DO NOT AGREE TO ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT, IMMEDIATELY UNINSTALL AND PERMANENTLY DELETE THE SOFTWARE FROM ALL COMPUTING DEVICES AND COMPUTER READABLE MEDIUM THAT YOU OWN, CONTROL, OR USE, AND IF THE SOFTWARE IS SOFTWARE OR FIRMWARE EMBEDDED OR INSTALLED ON THE PRODUCT, YOU MUST STOP USING THE PRODUCT.

1. DEFINITIONS

For the purposes of this Agreement, the following terms have the respective meanings set forth below. Words importing the singular include the plural and vice versa. All headings are for convenience only and shall not affect interpretation of this Agreement.

"App Platform" means a digital distribution platform, service, store, channel, network, cloud, website, marketplace, or the like, for applications such as the Apple App Store or Google Play Store.

"Documentation" means any printed and/or electronic documentation, including those in written, audio, and/or video form, for the Software provided by and/or for Keenetic.

"Effective Date" means the first date on which You use the Software, use the Product having the Software installed therein, copy the Software, transfer the Software, modify the Software, or install the Software onto the Product, another computing device, or computer readable medium.

"IP Rights" means any and all intellectual property and proprietary rights existing from time to time anywhere in the world under any law or regulation, including without limitation any know-how, patent, utility model, copyrights, moral right, rights under unfair competition law, and any right or form of protection of a similar nature or having equivalent effect to any of the foregoing which may subsist anywhere in the world, and applications, renewals, extensions and restorations for any of the foregoing now or hereinafter in force or effect.

"Open Source Software" means any third party software, software component, software library, or the like, that is considered as open source software and subject to separate license terms and conditions from this Agreement.

"PPS" means Keenetic's Privacy Policy Statement, Terms of Use, and Personal Information Collection Statement for Registration, which can be viewed at Legal Information section of the keenetic.com web site.

"Software" means any software, programs, applications, or the like, other than the Open Source Software, that is installed onto the Product and/or legally obtained or provided from any App Platform authorised by Keenetic. Software may include, but is not limited to: any and all firmware programs and associated files provided or obtained with respect to the Product; any and all software, programs, applications, and associated files provided or obtained with respect to the Product; any and all mobile software applications provided or obtained for installation on mobile computing devices; any and all modified versions of, upgrades to, and/or improvements to any of the foregoing (such as those provided via web-based updates); any and all subsequent versions, updates, and/or fixes of any of the foregoing; and/or any and all copies, modifications, and/or adaptations of any of the foregoing.

"Website" means a website owned or authorised by Keenetic, including keenetic.com.

"You" or "Your" means, either an individual or a legal entity, the purchaser, recipient, user, end user, or the like, of the Software and/or the Product containing the Software.

2. LICENSE

2.1. Subject to the terms and conditions of this Agreement, Keenetic hereby grants You a limited, non-exclusive, non-transferrable, non-sublicensable, personal license, in only the country where you purchased the Product, to (each as applicable): install the Software onto the Product; use and/or operate the Software installed on the Product; install the Software onto a computing device that You own, control, and/or use for the sole purpose of configuring and/or operating the Product and/or the Software installed on the Product; and use and/or operate the Software as described in the Documentation.

2.2. This is a license to, and not a transfer of title of, the Software for use only under the terms and conditions of this Agreement. All rights not expressly granted to You by Keenetic under this Agreement are hereby reserved by Keenetic.

2.3. You agree not to, and agree not to allow, authorize, and/or permit any third party to: (i) use the Software for any purposes other than in connection with the use, configuring, and/or operating of the Product and/or the Software installed on the Product (each as applicable); (ii) lease, sublicense, resell, rent, loan, redistribute, or otherwise transfer, whether for commercial purposes or otherwise, the Software or Documentation; (iii) modify, adapt or otherwise create derivative works from the Software or Documentation; (iv) reverse engineer, decompile, or disassemble the Product or the Software; (v) remove, alter, or obscure any copyright notice, attribution, or other proprietary rights notice on the Software or the Product; (vi) circumvent or attempt to circumvent any method, Software, or device, or the like employed by or for Keenetic to control or restrict access to components, Software, features, and/or functionality of the Product or the Software; (vii) use and/or operate the Software for any unlawful act and/or purpose; and (viii) use and/or operate the Software in any manner that would be considered as a breach of this Agreement.

2.4. If Your download, installation, use, and/or operation of the Software is subject to an App Platform’s terms of use, then in the event of any conflict or ambiguity between the terms of this Agreement and such App Platform’s terms of use, the App Platform’s terms of use will govern, but only to the extent necessary to resolve such conflict or ambiguity, and the terms of this Agreement will otherwise remain in full force and effect.

2.5. While Keenetic is not required to do so, Keenetic may provide You with updates, fixes, replacements, and/or supplements to the Software. Any Software provided by Keenetic that updates, fixes, replaces, and/or supplements the Software is governed by this Agreement, unless separate license terms are provided with such updates, fixes, and/or supplements, in which case such separate terms will govern.

3. OPEN SOURCE SOFTWARE

The Software may contain, include, be linked to, be combined with, and/or function with the Open Source Software. The terms and conditions of the Open Source Software license are solely between You and the applicable licensor of the Open Source Software. In the event of any conflict or ambiguity between the terms and conditions of this Agreement and the Open Source Software license's terms and conditions, the Open Source Software license's terms and conditions will govern in respect to the Open Source Software, but only to the extent necessary to resolve such conflict or ambiguity, and the terms and conditions of this Agreement will otherwise remain in full force and effect.

4. INTELLECTUAL PROPERTY

All IP Rights in and to the Software and the Documentation are and shall remain the exclusive property of Keenetic, its suppliers, and/or licensors. Nothing in this Agreement intends to transfer any such IP rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights in and to the Software and the Documentation granted to You pursuant to this Agreement. Any unauthorized use of the IP Rights in and to the Software and the Documentation is a violation of this Agreement as well as a violation of laws and treaties relating to intellectual property rights.

5. DATA AND PRIVACY

Keenetic is committed to protecting your privacy. By using the Products and/or the Software, or providing us with Your personal information, You are accepting and consenting to the privacy practices, terms and conditions described in the Privacy Policy Statement (PPS).

You agree that Keenetic may collect and use technical information gathered as part of the Product support services or Product improvement related to the Software provided to You, if any, such as, including but not limited to IP address of your Keenetic Device, Service Tag (unique identification number of device), the device serial number, model number, current KeeneticOS software version and components list of device, date of your consent with Device privacy notice and End User License Agreement, user interface language, domain names booked for the Device with KeenDNS service. Keenetic may use this information solely to improve their products or to provide customized services or technologies to You and will not disclose this information in a form that personally identifies You. You agree that Keenetic has no responsibility or liability for the deletion of or failure to store any data or other information related to Your Product, Software or related Services. At all times Your information will be treated in accordance with Privacy Policy Statement (PPS).

6. SOFTWARE UPDATES

Keenetic may provide to You or make available to You updates, upgrades, supplements and add-on components (if any) of the Software, including bug fixes, service upgrades (parts or whole), products or devices, and updates and enhancements to any software previously installed (including entirely new versions), (collectively “Update”) after the date You obtain Your initial copy of the Software to improve the Software and ultimately enhance Your user experience with Your Product.

This EULA applies to all and any component of the Update that Keenetic may provide to You or make available to You after the date You obtain your initial copy of the Software, unless we provide other terms along with such Update. To use Software provided through Update, You must first be licensed for the Software identified by Keenetic as eligible for the Update. After the Update, You may no longer use the Software that formed the basis for Your Update eligibility. The updated Software version may add new functions and, in some limited cases, may delete existing functions.

While the Update will be generally available, in some limited circumstances, the Software updates will only be offered by Your Internet Service Provider, and such Software updates will be governed by Your contractual relationship with Your Internet Service Provider.

With the "Automatic Software Updates" function enabled Your Product downloads and installs some Updates automatically from time to time. If You choose to disable the "Automatic Software Updates" function, then You can check the availability of new Updates by visiting "General System Settings" in the device menu and install it by clicking the "Install the Update" button. We recommend that You check availability of new Updates periodically for optimal use of Your Product. While using Keenetic mobile application if You want to avoid any use of mobile network data for the Update downloads, then You should choose the "Wi-Fi Only" option in the Settings of Your mobile device.

7. TERM AND TERMINATION

7.1. Term. This Agreement will be effective as of the Effective Date and will remain effective unless terminated pursuant to Section 7.2 below.

7.2. Termination. Keenetic may terminate this Agreement at any time. This Agreement automatically terminates if Keenetic determines or believes Your use of the Software and/or the Product involves or may involve fraud or any other illicit activity, or upon your failure to comply with terms and conditions of this Agreement and applicable law. Upon termination of this Agreement: (i) all licenses granted hereunder shall automatically terminate, (ii) You will immediately destroy any and all software, applications, programs and documentation that relate to the Software, including the Software, the Documentation, and all copies made or obtained by You, and otherwise cease use of the Software and the Documentation, (iii) if the Software has been installed on a computing device that you own, control, and/or use, You must uninstall the Software immediately, and (iv) if the Software is software or firmware embedded or installed on the Product, you must stop using the Product. Section 1 (Definitions), Section 2.2, Section 2.3, Section 2.4, Section 4 (Intellectual Property), this Section 7.2, Section 8 (Indemnification), Section 9.2, Section 10 (General Exclusions and Limitation of Liability), and Section 12 (Governing Law and Dispute Resolution) shall survive termination of this Agreement.

8. INDEMNIFICATION

If Keenetic is the subject of a claim, becomes involved in a legal proceeding, and/or suffers any economic loss and/or damage related to, in connection with, or directly or indirectly arising out of Your violation of this Agreement, to the extent permitted by applicable law, You agree to indemnify, defend, and hold harmless Keenetic, its affiliates, associates, dealers, agents, suppliers, and its and their respective employees, officers, directors, agents, licensors, licensees, assigns, and representatives from and against any and all liabilities, claims, losses, costs and expenses (including legal costs on an indemnity basis).

To the fullest extent of applicable law, You agree to be responsible and liable to Keenetic, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents in respect of all damages, losses, and expenses arising directly or indirectly from your acts and omissions to act in using the Software and/or the Product pursuant to the terms of the Agreement.

9. LIMITED WARRANTY AND DISCLAIMER

9.1. Keenetic provides a limited warranty that the Software will substantially conform to Keenetic's published Specifications for Your Keenetic product on the Keenetic.com web site and will use commercially reasonable effort to, in Keenetic's sole discretion, either correct any nonconformity in the Software or replace any Software that fails to conform to Keenetic's published Specifications for the Keenetic product.

9.2. Except for this limited warranty on the Software, subject to Section 10 of this Agreement and to the maximum extent permitted by applicable law, the Software and any related programs and Documentation are provided to You "as is" and without any other warranties of any kind. Keenetic hereby disclaims and You waive all express or implied conditions, representations, and warranties, including, without limitation, any implied warranty or condition of merchantability, fitness for a particular purpose, non-infringement or satisfactory quality, and any condition, representation, or warranty arising from a course of dealing, law, usage, or trade practice, in each case to the fullest extent permitted by applicable law. To the extent an implied warranty cannot be disclaimed, such warranty shall be limited in duration and scope to the applicable warranty period.

9.3. Some jurisdictions do not allow some of the exclusions or limitations as set forth above and so the foregoing limitations or exclusions may not apply to You.

10. GENERAL EXCLUSIONS AND LIMITATION OF LIABILITY

10.1. To the maximum extent permitted by applicable law, in no event shall Keenetic, its affiliates, associates, dealers, agents, suppliers, and its and their respective employees, officers, directors, agents, licensors, licensees, assigns, and representatives be liable for any indirect, exemplary, punitive, special, incidental or consequential damages whatsoever (including but not limited to damages for loss of profits or revenue, for business interruption, for personal injury, for loss of privacy, for loss of ability to use any third party products or services, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever), regardless of the theory of liability (contract, tort, or otherwise) arising out of or in any way related to the use of, non-use of, or inability to use the Software. In no event shall the total aggregate liability of Keenetic, its affiliates, associates, dealers, agents, suppliers, and its and their respective employees, officers, directors, agents, licensors, licensees, assigns, and representatives to you for all damages exceed the price You paid for the Product. This limitation is cumulative and will not be increased by the existence of more than one incident or claim. The foregoing limitations will apply even if any warranty or remedy provided by Keenetic fails of its essential purpose.

10.2. Some jurisdictions do not allow some of the exclusions or limitations as set forth above and so the foregoing limitations or exclusions may not apply to You.

11. GENERAL PROVISIONS

11.1. Entire Agreement. This Agreement constitutes the entire agreement between Keenetic and You with respect to the Software and supersedes, cancels, and replaces in all respect all prior oral, written, and/or electronic agreements, representations, arrangements, understandings, and/or undertakings between the Parties with respect to the Software and shall not be changed except by written agreement signed by an authorised representative of Keenetic.

11.2. Amendment. Keenetic reserves the right to amend this Agreement at any time by providing such amended Agreement to You and/or publishing the amended Agreement on the Website. Your continued use of the Software and/or updates, fixes, supplements, and/or replacements thereof shall constitute Your acceptance to be bound by the terms and conditions of the amended Agreement.

11.3. Severability. In the event that one or more terms of this Agreement becomes or is declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, each such term shall to the extent of such illegality or unenforceability be null and void and shall be deemed deleted from this Agreement. All remaining terms of this Agreement shall remain in full force and effect.

11.4. Non-waiver. A failure of or delay by Keenetic at any time to exercise a right and/or remedy under this Agreement or to require performance of any provisions hereof shall not constitute a waiver of the right and/or remedy or waiver of any other rights and/or remedies, and shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing or signed by Keenetic. The rights and remedies contained in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

11.5. Translations. Keenetic may provide translations of this English language Agreement as a convenience to users. However, in the event of a conflict or inconsistency between this English language Agreement and any non-English versions, this English language Agreement shall govern.

11.6. Relationship of the Parties. Neither Keenetic, with respect to You, or You, with respect to Keenetic, is or is intended to be an agent of the other for any purpose whatsoever and nothing in this Agreement shall give rise to any relationship in the nature of agency between the Parties, and neither Party shall hold itself out as acting as agent for the other Party. Neither Party has the right to obligate or bind the other Party in any manner whatsoever.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1. Governing Law. This Agreement will be governed by the laws of the Hong Kong Special Administrative Region, without regard to the any conflict of law principles to the contrary.

12.2. Dispute Resolution. Any legal proceedings arising out of or relating to this Agreement will be subject to the non-exclusive jurisdiction of the courts in the Hong Kong Special Administrative Region, and each of the Parties hereto waives any objection to jurisdiction and venue of such courts. Nothing in this Section 12 shall be deemed to prohibit or restrict Keenetic from seeking injunctive relief or seeking such other rights and remedies as it may have at law or equity for any action or threatened breach of any Section of this Agreement.

13. NOTICES

Notices to Keenetic must be in writing and given to Keenetic by first class mail, postage prepaid, or by air courier to the mailing address set forth below. Notices shall be effective when received.

Keenetic Limited
Legal Department
11F., No.36, Ln. 50, Chenggong Rd.,
Sanchong Dist., New Taipei City 241,
Taiwan (R.O.C.)

For Open Source or GPL-related issues please contact us at gpl@keenetic.com

Imprint

Last update 2020-01-10

Keenetic GmbH
HBR  97196,
VAT id. DE326402913,
Kurt‑Blaum‑Platz 8, 63450 Hanau.
Managing Director: Mr. C Riccardi.
+49 6181 299 7350
info@keenetic.de