Welcome, and thank you for your interest in LaunchKey, a part of iovation inc. (“LaunchKey”, “we,” or “us”) and our website at https://launchkey.com (the “Website”), the LaunchKey mobile software applications (including tablet applications) we make available from the Website or via any third party platform (“Mobile App”), as well as all other services provided by us (collectively, together with the Website and Mobile App, the “Service”). These Terms of Service are a legally binding contract between you and LaunchKey regarding your use of the Service.
These 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.
We developed our multi-factor authentication service to provide a better, more secure alternative to traditional password-based authentication systems commonly used online, in applications, and within computer systems.
You must be at least thirteen (13) years of age to use the Service. By agreeing to these 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 Terms and you agree to be bound by these Terms on behalf of such organization.
Our Service helps you authenticate yourself to websites, apps, clients, and other networked systems that have the LaunchKey API integrated into their systems using your paired smartphone or smart device(s). LaunchKey is a user authentication platform, not an identity management service, and does not store personally identifying information like names, addresses, or credit card numbers, nor is our Service used to create or store passwords. In addition, we do not assume any liability for the products, services, or other restricted items being accessed through third parties using the Service.
We provide the Mobile App, Website and other software to enable you to use our Service. We reserve the right to require you install or update any and all software updates to continue using our Service. The Mobile App only works on compatible hardware devices and is required to use the Service.
By accepting these Terms, you authorize LaunchKey to receive, push, and verify authentication requests (also known as "launch requests") from verified third parties attempting to authenticate you using our Service. Additionally, you recognize that LaunchKey uses a combination of authenticating factors (known as multi-factor authentication) such as a possession factor (something you have), a knowledge factor (something you know), and an inherence factor (something you are) in conjunction with internal fraud algorithms when validating authentication requests. Furthermore, the Service is setup in such a way that prevents even internal staff members, employees, or contractors from the ability to authenticate on your behalf.
LaunchKey uses well known data security standards such as SSL for transactions using one-time AES-256 ciphers that are passed through 1024-bit RSA public and private keys.
While the Service ensures the data transmitted between your device, our API, and the third party requesting your authentication is secure and private, only you can be responsible for the security and well-being of your smartphone, tablet, or other paired device. By using this Service, you acknowledge that losing, misplacing, or sharing a paired device with another individual may result in the improper or malicious use of your authentication credentials and this Service, and as such you agree to take full responsibility for the care, possession, and physical security of any device using our Service. Should you lose possession or control of your paired device, you acknowledge and agree that LaunchKey assumes no liability and can make no assurances as to the proper use of your account or LaunchKey's ability to authenticate you as an individual.
You are required to obey all laws, rules, and regulations applicable to your use of our Service. In addition to any other requirements or restrictions set forth in this Agreement, you shall not: (i) use the Service to access illegal material or perform an illegal act; (ii) use the Service to access restricted content, material, or functionality intended for someone other than yourself; (iii) authenticate, pair, or unpair on another users behalf; (iv) use LaunchKey as a conduit for any illegal activity either online or offline.
You further agree not to, nor to permit any third party to, do any of the following: (i) access or attempt to access LaunchKey systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way material from LaunchKey; (iii) permit any third party to use and benefit from the Service via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) work around any of the technical limitations of the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble or otherwise reverse engineer the Service, except to the extent that such restriction is expressly prohibited by law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Service, prevent access to or use of the Service by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the Service except as expressly allowed under this section.
We will provide you with reasonable customer service support to resolve any issues we're capable of resolving relating to your LaunchKey account and use of the Service. However, the architecture of our software and the Service as a whole is such that even LaunchKey employees, contractors, and subcontractors, are incapable of authenticating or validating tokens on your behalf, and as such, we cannot authenticate you to third parties using LaunchKey. This makes our Service inherently more secure.
The LaunchKey Service is only made available under these Terms. To use LaunchKey to authenticate yourself to websites, applications, and other systems with LaunchKey integrated, you will first have to register an account. To create a new account, a user must download the Mobile App on a compatible smartphone or smart device and provide a valid email address and/or phone number used for pair confirmation.
Pairing your compatible smartphone or smart device (e.g. tablet) with LaunchKey is fundamental to the proper operation of our Service. To pair your device with our Service, we will collect a valid email address and/or phone number during the registration process where we'll send a confirmation request asking you to approve the pair. An invalid email address or phone number will prevent you from using LaunchKey or the Service. This data, while collected, is encrypted and one-way hashed prior to storage in our systems. You will also be able to choose a LaunchKey username during the registration process, however you acknowledge that usernames are first-come first-serve and we do not reserve usernames, nor can we provide you with usernames that aren't available.
By pairing your device, you affirm that you are the sole lawful owner and operator of the device you're pairing. Furthermore, you also affirm that you are the rightful owner and operator of the email address and/or phone number provided during registration. You acknowledge and agree that any attempts to register a device, email address, or phone number not owned by you is a full breach of these Terms and your account may be subject to termination.
Our Service also allows you to unpair a previously paired device. Unpairing a device makes that device incapable of authentication over the Service. A user may wish to unpair a device if they've lost their device, no longer retain possession or ownership of the device, want to use a new device in replacement of a previously paired device, etc. Unpairing a device can be done through an already-paired device or through the account section on the Website. By unpairing your device, you acknowledge that while a device may be re-paired to an existing LaunchKey account, the act of unpairing itself cannot be undone.
If you download the Mobile App from Apple, Inc.’s App Store, your use of the Mobile App must at all times be in accordance with the Usage Rules set forth in the Apple, Inc. App Store Terms of Service. You acknowledge that these Terms are entered into solely between you and LaunchKey. These Terms are not intended to provide for usage rules for the Mobile App that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise conflict with, the App Store Terms of Service as of the date that you accept the App Store Terms of Service (which you acknowledge you have had the opportunity to review). You also acknowledge and agree that:
If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, we may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your LaunchKey account at any time by following the instructions on our Website and unpairing all devices (see above) from our Service.
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these 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 Terms. Immaterial modifications are effective upon publication. For the avoidance of doubt, disputes arising under these Terms will be resolved in accordance with these Terms in effect at the time the dispute arose.
The Service is owned and operated by LaunchKey. 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 Terms.
We do not accept unsolicited suggestions or ideas. However, any materials, including comments, suggestions, ideas or other information, provided by you in the form of email or other submissions to us (but excluding material that you post on the Service in accordance with this Agreement) (collectively “Feedback”), are non-confidential and you hereby grant to us a perpetual, irrevocable, transferrable, sublicenseable, royalty-free, worldwide license to use your Feedback in any manner and for any purpose without compensation or attribution to you.
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 TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE 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 TERMS. THE LIMITATIONS IN THIS SECTION ENTITLED “LIMITATION OF LIABILITY” WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
These 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.
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 Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.