Welcome, and thank you for your interest in LaunchKey, a part of iovation inc. (“LaunchKey”, “we,” or “us”) and the application programming interface documented at https://launchkey.com/ (the “LaunchKey API”) for use with the remote user authentication service we make available via our website at http://launchkey.co (the “Website”) or via any third party platform. The LaunchKey API is designed to work with the LaunchKay mobile software applications (including tablet applications) (“Mobile App”), as well as all other services provided by us (collectively, together with the LaunchKey API, Website and Mobile App, the “Service”). These Developer Terms of Service (these “API Terms”) are a legally binding contract between you and LaunchKey regarding your use of the Service. These API Terms are incorporated into the LaunchKey User Terms of Service by reference and your use of the LaunchKey API and the Service is subject at all times to these API Terms and the LaunchKey User Terms of Service. To the extent there is an express conflict between these API Terms and the LaunchKey User Terms of Service, these API Terms will govern.
These API Terms provide that all disputes between you and LaunchKey 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 the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with LaunchKey.
Our Service helps you authenticate users who may be trying to identify themselves to you for the purposes of signing in, accessing private material, performing a restricted function, obtaining functionality, etc. We are not an identity management service and as such, we do not collect personally identifying information such as names, addresses or credit cards. In addition, we do not assume any liability for the actions of a user at any time. You will be required to register with LaunchKey to use the Service.
You must be at least thirteen (13) years of age to use the Service. By agreeing to these API Terms, you represent and warrant to us: (i) that you are at least thirteen (13) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these API Terms and you agree to be bound by these API Terms on behalf of such organization.
We license the LaunchKey API and other software to enable you to use the Service. We reserve the right to require you to install or update any and all software updates to continue using the Service. End users must download the free Mobile App on a compatible device to use the Service and authenticate themselves on your website, application, or other system (“Your Application”).
By accepting these API Terms, you authorize LaunchKey to authenticate users on your behalf whenever a user of Your Application attempts to authenticate from a system you've successfully integrated with our Service. However, the very nature of remote authentication means we cannot guarantee the authentication of an individual with absolute complete certainty. Therefore, you acknowledge that you use our Service to authenticate users at your own risk. Additionally, you acknowledge that the Service is architected in such a fashion that makes it impossible for a LaunchKey employee, contractor or subcontractor to manually authenticate a user.
We will provide you with reasonable customer service support to resolve any issues relating to your LaunchKey account, however by using this Service you acknowledge that our employees, contractors, and subcontractors are incapable of authenticating users manually or providing you with details of a user. While we will do what we can to assist, you – and you alone – are responsible for the proper integration and use of the Service.
LaunchKey is responsible for protecting the security of data in our possession and will maintain commercially reasonable administrative, technical and physical procedures to protect all data and information regarding you and the users you're authenticating that is stored in our servers from unauthorized access and accidental loss or modification. However, it's impossible to guarantee that unauthorized third parties will never be able to defeat those measures or use such information for improper or malicious use, and as such, you use the Service at your own risk.
You are fully responsible for the security of data on your website, application, system or otherwise in your possession. You are solely responsible for securing data and user information both before and after we've authenticated a user. Additionally, you are solely responsible for properly and securely integrating the Service within Your Application using industry standard security and privacy practices.
Successful authentication requires the end user retains physical possession and security of their paired device(s) used with LaunchKey. You acknowledge that while we take steps to prevent unauthorized use and fraudulent activity, the remote nature of the Service means we cannot guarantee the intended individual has maintained proper security of their device, and as such you use the Service at your own risk.
You agree that you WILL:
You agree that you WILL NOT
LaunchKey may, now or in the future, charge you fees for the use of certain features of the Service or LaunchKey API (“Fees”). You will be required to agree to such Fees through either the Service or a separate written agreement with LaunchKey. You agree to pay to LaunchKey all agreed-upon Fees for your use of the Service, including in each case any applicable taxes. All Fees are non-refundable. LaunchKey will bill you for applicable Fees through an invoice or through the payment method specified in your account (e.g. electronic funds transfer or credit card). If you pay any applicable Fees with a credit card, LaunchKey may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You authorize such credit card account to pay any amounts described herein, and authorize LaunchKey to charge all sums described herein to such credit card account. You agree to provide LaunchKey updated information regarding your credit card and account upon LaunchKey’s request and any time the information earlier provided is no longer valid.
We reserve the right to deny Service to any user which we believe is in violation of this Agreement, any other LaunchKey agreement, or exposes you, other LaunchKey users or LaunchKey to harm, including but not limited to fraud and other criminal acts. You hereby grant us authorization to share information with law enforcement about you, your transactions, or your LaunchKey developer account, including if we reasonably suspect that your use of LaunchKey has been for an unauthorized, illegal, or criminal purpose.
The LaunchKey developer Service is only made available under these Terms to persons seeking an external authentication service. To use LaunchKey for user authentication on Your Application, you must first create a new LaunchKey user account by downloading the Mobile App on your compatible smartphone or smart device. (read: User Terms of Service) After pairing a new device and confirming your new LaunchKey account, you may register for a developer account through the account dashboard on the LaunchKey website.
When you register as a developer with LaunchKey, we will collect basic information such as Your Application's name and a representative avatar. You agree to only use names and avatars that accurately represent your business, website, application, or system. Additionally, you acknowledge that any attempts to deceive users with inaccurate or misleading names or avatars is strictly prohibited and may result in the termination of your developer account and ban from the Services.
After successfully registering Your Application, you will be provided with an Application ID and Application Secret inside your developer dashboard on our website. It is your responsibility to keep this information secure and private. You acknowledge that the failure to keep this data private may result in the improper function of the Service. Furthermore, we reserve the right to terminate service to any developer we deem as not properly securing our private information or the information of users utilizing the Service.
You are solely responsible for ensuring your use of the Service complies with all local, state and federal laws and regulations. You represent and warrant that (a) neither the United States Bureau of Export Administration nor any other federal agency has suspended, revoked, or denied your export privileges, and (b) you are not located in, a resident of, or a citizen of Cuba, Iran, North Korea, Syria and Sudan or any other country to which the United States has embargoed goods, nor is Your Application used by residents of such countries. You also acknowledge that it is your responsibility to comply with any and all export and import laws and that LaunchKey has no further responsibility after the initial distribution of Service materials to you with the original country of distribution.
By registering for LaunchKey, you are confirming that you will not use the Service to authenticate users in connection with any illegal or unlawful activity, content or action. Developers using LaunchKey as an authentication mechanism to obtain access to content or capabilities that are illegal may be subject to immediate account termination. LaunchKey is to be used as a user authentication service only.
These Terms are effective upon the date you agree to them (by electronically indicating acceptance) and continues so long as you use the Service or until terminated by LaunchKey in its sole discretion.
You may terminate these Terms by closing your LaunchKey account at any time by following the instructions on our Website. We may terminate these Terms and close your access to the Service account at any time.
LaunchKey grants you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Service solely to authenticate users and manage your account. You will be entitled to download updates to the Service, subject to any additional terms made available at that time, when LaunchKey makes these updates available.
We may also periodically make available certain LaunchKey logos, trademarks or other identifiers for your use. If we do so, you will use them subject to and in accordance with LaunchKey’s then current trademark usage guidelines.
The Service is licensed and not sold. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by LaunchKey are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of LaunchKey or our third-party licensors. Except as expressly authorized by LaunchKey, you may not make use of the Materials. LaunchKey reserves all rights to the Materials not granted expressly in these API Terms.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place LaunchKey under any fiduciary or other obligation, and that we are free to use the Idea in any manner whatsoever and without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, LaunchKey does not waive any rights to use similar or related ideas previously known to LaunchKey, or developed by its employees, or obtained from sources other than you.
We reserve the right, at our discretion, to change these API Terms on a going-forward basis at any time. Please check these API Terms periodically for changes. If a change to these API Terms materially modifies your rights or obligations, you will be required to accept such modified terms in order to continue to use the Service. Material modifications are effective upon your acceptance of such modified API Terms. Immaterial modifications are effective upon publication. For the avoidance of doubt, disputes arising under these API Terms will be resolved in accordance with these API Terms in effect at the time the dispute arose.
You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless LaunchKey and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “LaunchKey Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE LAUNCHKEY ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE LAUNCHKEY ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, 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 SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE LAUNCHKEY ENTITIES OR THE SERVICE 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 SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE 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 TO JURISDICTION.
IN NO EVENT WILL THE LAUNCHKEY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE LAUNCHKEY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE LAUNCHKEY ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO LAUNCHKEY FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE API TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE API TERMS 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 API TERMS. THE LIMITATIONS IN THIS SECTION ENTITLED “LIMITATION OF LIABILITY” WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
These API Terms shall be governed by the laws of the State of Nevada without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and LaunchKey agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Clark County, Nevada for the purpose of litigating all such disputes. We operate the Service from our offices in Nevada, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
In the interest of resolving disputes between you and LaunchKey in the most expedient and cost effective manner, you and LaunchKey agree that any and all disputes arising in connection with these API Terms shall 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 API Terms, 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 API Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LAUNCHKEY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding Section 1, we both 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 claims.
Any arbitration between you and LaunchKey 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 API Terms, 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 LaunchKey.
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”). LaunchKey's address for Notice is: LaunchKey, a part of iovation inc., 555 SW Oak St. STE 300 Portland, OR 97204. 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 LaunchKey may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or LaunchKey shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, LaunchKey shall pay you (i) the amount awarded by the arbitrator, if any, (ii) the last written settlement amount offered by LaunchKey in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.00, whichever is greater.
If you commence arbitration in accordance with these API Terms, LaunchKey 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 shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Clark County, Nevada, 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 LaunchKey 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 shall 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 proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
YOU AND LAUNCHKEY 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 LaunchKey agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If LaunchKey makes any future change to this arbitration provision (other than a change to LaunchKey's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to LaunchKey's address for Notice, in which case your account with LaunchKey shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
If Section 6 is found to be unenforceable or if the entirety of this Dispute Resolution and Arbitration article is found to be unenforceable, then the entirety of this article shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in the Section entitled “Governing Law” above shall govern any action arising out of or related to these API Terms.
The services hereunder are offered by LaunchKey, a part of iovation inc., located at 555 SW Oak St. STE 300 Portland, OR 97204. You may contact us by sending correspondence to the foregoing address or via one of the methods available on our contact page. If you are a California resident, you may have these API Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these API Terms.