Terms of Service

1.1 Provision of access

Keystroke is a code-first automation platform. The Service lets developers and their teammates author TypeScript workflows, agents, operations, triggers, MCP servers, and credential bindings using the Keystroke SDK, then run them on Keystroke's managed infrastructure. The Service includes a web platform for collaborating on, running, and monitoring those resources, an in-product coding agent, integrations with third-party services, and related tooling. Subject to your compliance with these Terms, Keystroke grants you a limited right to access and use the Service.

1.2 Content

You may provide inputs to the Service — including prompts, source code, project files, workflow inputs, agent messages, tool arguments, and similar (“Inputs”) — and the Service may generate code, messages, tool calls, or other outputs in response (collectively, “Outputs”) (Inputs and Outputs are collectively “Content”). We may use Content to provide the Service, comply with applicable law, enforce our terms and policies, and keep the Service safe. By submitting Inputs to the Service, you represent and warrant that you have all rights, licenses, and permissions necessary for us to process the Inputs under these Terms and to provide the Service to you.

1.3 Model training

KEYSTROKE WILL NOT USE CONTENT TO TRAIN, OR ALLOW ANY THIRD PARTY TO TRAIN, ANY AI MODELS, UNLESS YOU'VE EXPLICITLY AGREED TO THE USE OF CONTENT FOR TRAINING. To manage your preferences regarding the use of Inputs and Outputs for training, please contact us at team@keystroke.ai.

1.4 Limitations of Outputs

You acknowledge that Outputs are generated automatically by machine-learning technology and may be similar to or the same as Outputs provided to other customers, and no rights to any Outputs generated for or returned to other customers are granted to you under these Terms. You further acknowledge that numerous limitations apply with respect to outputs from large language and other AI models (each, an “AI Model”), including that (i) Outputs may contain errors or misleading information, (ii) AI Models rely on predefined rules and patterns and can produce repetitive, formulaic, or incorrect content, (iii) AI Models can struggle with nuances of language including slang, idioms, and cultural references, (iv) AI Models can struggle with complex tasks that require reasoning, judgment, and decision-making, and (v) data used to train AI Models may be of poor quality or biased. You agree that you are responsible for evaluating, and bearing all risks associated with, the use of any Outputs, including any reliance on the accuracy, completeness, or usefulness of Outputs.

1.5 Use restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (i) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code, object code, or underlying structure of the Service; (ii) reproduce, modify, translate, or create derivative works of the Service; (iii) rent, lease, lend, or sell the Service; (iv) remove any proprietary notices from the Service; (v) use the Service or any Outputs to develop or train a model that is competitive with the Service, or engage in model extraction or theft attacks; (vi) probe, scan, or attempt to penetrate the Service; (vii) provide to any third party the results of any benchmark tests of the Service, unless you include all necessary information for others to replicate the tests; (viii) harvest, scrape, or extract data from the Service; (ix) use the Service in any manner that infringes, misappropriates, or otherwise violates any third party's intellectual property or other rights, or that violates any applicable laws or regulations; (x) send or otherwise provide to Keystroke data or information that is subject to specific protections under applicable laws beyond any requirements that apply to “personal information” or “personal data” generally — for example, information regulated by the Health Insurance Portability and Accountability Act, the Payment Card Industry Data Security Standard, the Gramm-Leach-Bliley Act, and other U.S. federal, state, or foreign laws applying specific security standards; or (xi) knowingly permit any third party to do any of the foregoing. You will promptly notify Keystroke of any unauthorized use that comes to your attention and provide reasonable cooperation to prevent and terminate such use to the extent it is within your control.

1.6 Beta services

From time to time, Keystroke may make Beta Services available to you. Beta Services shall be clearly designated as beta, pilot, limited release, non-production, early access, evaluation, or a similar description. You may choose to use or not use such Beta Services in your sole discretion. Beta Services are intended for evaluation and not for production use, are not fully supported, and may be subject to additional terms that may be presented to you. Beta Services are provided on an “as-is” and “as available” basis without any warranty, support, maintenance, or storage of any kind. Keystroke may discontinue Beta Services at any time in its sole discretion and may never make them generally available. KEYSTROKE SHALL HAVE NO LIABILITY WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES — USE AT YOUR OWN RISK.

1.7 Agent and workflow execution

The Service executes code that you author or that is generated, suggested, or modified on your behalf by Keystroke or by an in-product coding agent. This may include workflows and agents that take autonomous actions — calling external APIs, sending messages, modifying files, executing scripts, running database queries, deploying code, or otherwise interacting with systems you have authorized — without manual review or confirmation of each step.

By using these features, you acknowledge and agree that you are assuming all risks associated with the execution of automatically generated and autonomously executed code and actions, including without limitation system outages, software defects, data loss, unintended side effects, security vulnerabilities, and unexpected charges or consumption from connected services. YOU ARE SOLELY RESPONSIBLE FOR ANY IMPACT RESULTING FROM USE OF THESE FEATURES, INCLUDING ENSURING APPROPRIATE SAFEGUARDS, TESTING, REVIEWS, BACKUPS, AND MONITORING ARE IN PLACE BEFORE YOU PERMIT AGENTS OR WORKFLOWS TO ACT ON YOUR BEHALF.

1.8 Integrations and connected services

The Service lets you connect external services — including SaaS applications, APIs, MCP servers, source-control systems, messaging platforms, databases, and other third-party infrastructure (collectively, “Connected Services”) — so that your agents and workflows can read, write, or otherwise act on data in those systems on your behalf.

(a) Authorization and credentials

You are solely responsible for obtaining all necessary authorizations, credentials, and permissions to connect Connected Services to the Service. Connection credentials — such as OAuth tokens, API keys, database connection strings, usernames, passwords, and similar secrets — that you provide or that we receive on your behalf are encrypted at rest and in transit. Credentials are used solely to call Connected Services on your behalf, are scoped according to the permissions you grant, and are never transmitted to third-party AI model providers.

(b) Metadata and content

When you connect a Connected Service, the Service may access and process information that the integration exposes — including account identifiers, channel or repository names, schemas, message content, file contents, and similar data — as required to provide the functionality you've configured. Relevant excerpts of that information may be included in prompts sent to AI model providers to generate Outputs, subject to the limitations described in our Privacy Policy.

(c) Actions and side effects

The Service may issue requests to Connected Services to read, retrieve, send, write, modify, or delete data, as part of running agents, workflows, tools, or operations you have configured. You acknowledge that: (i) request and response payloads may be temporarily processed through our servers and stored as part of run history; (ii) excerpts of those payloads may be transmitted to AI model providers to generate Outputs; and (iii) you are solely responsible for any costs, performance impacts, rate limits, or resource consumption incurred by requests issued against Connected Services on your behalf.

(d) Prohibited data

In addition to the restrictions in Section 1.5(x), you shall not connect Connected Services that primarily contain, or provide Inputs that include: (i) protected health information regulated by HIPAA; (ii) payment-card data subject to PCI DSS; (iii) nonpublic personal information regulated by GLBA; (iv) data subject to specific government security classifications; or (v) other categories of data requiring compliance with specialized data-protection regulations, unless separately agreed in writing by Keystroke.

(e) Responsibility for connected services

You represent and warrant that you have all necessary rights, licenses, and permissions to connect Connected Services to the Service and to authorize the Service to read from, write to, and otherwise interact with them. Keystroke is not responsible for: (i) any failure, delay, or deficiency in the Service arising from unavailable, incomplete, or inaccurate data from Connected Services; (ii) any unauthorized access to Connected Services resulting from your failure to secure credentials or permissions; (iii) any costs or charges incurred from requests issued against Connected Services; or (iv) any data loss, corruption, or modification in Connected Services, regardless of cause.

(f) Disconnection and deletion

You may disconnect Connected Services at any time through the Service interface. Upon disconnection, Keystroke will cease issuing requests to the Connected Service and will delete stored credentials within a reasonable timeframe. Cached metadata and prior run history may be retained for a limited period as described in our Privacy Policy.

(g) Write operations

Certain features of the Service may generate Outputs or run actions that, if executed, modify, delete, or otherwise alter data in your Connected Services (collectively, “Write Operations”). You acknowledge that Write Operations are executed at your sole risk. Keystroke strongly recommends maintaining appropriate backups and configuring approval gates, sandboxes, or other controls before authorizing automated Write Operations. KEYSTROKE IS NOT LIABLE FOR ANY DATA LOSS, CORRUPTION, OR UNINTENDED MODIFICATIONS RESULTING FROM WRITE OPERATIONS.

You must be at least the age of majority in your jurisdiction (for example, 18 years old in the United States) or 18 years old, whichever is higher, to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old or the age of majority in your jurisdiction, whichever is higher; (b) you have not previously been suspended or removed from the Service; and (c) your registration and use of the Service complies with all applicable laws in your region.

To access most features of the Service, you must register for an account. When you register, you may be required to provide information about yourself, such as your name, email address, or other contact information. You agree that the information you provide is accurate, complete, and not misleading, and that you will keep it accurate and up to date. When you register, you will be asked to create a password or authenticate through a third-party identity provider. You are solely responsible for maintaining the confidentiality of your account and credentials, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, you must immediately notify us at team@keystroke.ai.

4.1 Paid services

Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. dollars and are non-refundable, except as required by law. The pricing and payment terms in this Section 4 are subject to any pricing and payment terms set forth in an order form.

4.2 Pricing

Keystroke reserves the right to determine pricing for the Service. Keystroke will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing. Keystroke may change the fees for any feature of the Service, including additional fees or charges, if Keystroke gives you advance notice of changes before they apply through the Service user interface, a pop-up notice, email, or other reasonable means. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on Keystroke's net income. Keystroke, at its sole discretion, may make promotional offers with different features and different pricing to any of its customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

4.3 Payment processing

To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor. These payment-processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at stripe.com/legal and Stripe's Global Privacy Policy at stripe.com/privacy (collectively, the “Stripe Agreements”). By agreeing to these Terms, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. Keystroke assumes no liability or responsibility for any payments you make through the Service.

4.4 Subscription service

The Service may include subscription-based plans with automatically recurring payments for periodic charges (each, a “Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (each, a “Subscription Period”) unless you cancel the Subscription Service or we terminate it.

If you activate a Subscription Service, you authorize Keystroke or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. Information on the recurring fee charged by Keystroke for access to the Subscription Service during each Subscription Period (the “Subscription Fee”) is available on our pricing page or otherwise described in the Service. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service at least 24 hours before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Keystroke or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account. You may cancel the Subscription Service by using the cancellation functionality made available in your billing menu or by contacting us at team@keystroke.ai. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.

4.5 Add-on and usage-based features

You may purchase additional products, services, or features that are not individually essential for the functioning of the Service but that Keystroke makes available to its users for enhanced capabilities on a supplemental basis, including usage-based pricing features described in the Service (“Add-Ons”). Add-Ons are deemed part of the Service and governed by these Terms. Fees for Add-Ons include our model- and usage-based pricing features, as described in the Service.

4.6 Delinquent accounts

Keystroke may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, Keystroke reserves the right to delete your account and any information associated with your account without any liability to you.

5.1 Service

Keystroke and its licensors shall own and retain all right, title, and interest in and to the Service, all improvements, enhancements, or modifications thereto, and all intellectual property rights associated with the foregoing. There are no implied licenses in these Terms, and Keystroke reserves all rights to the Service not granted in these Terms.

5.2 Feedback

We appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with the Service, or proposed modifications or improvements (“Feedback”), you grant Keystroke the right to exploit the Feedback without restriction or compensation to you.

5.3 Content

You retain all of your right, title, and interest in Inputs, and Keystroke hereby assigns to you all of our right, title, and interest, if any, in and to any Outputs generated for you by the Service.

5.4 Usage data

Keystroke may: (i) collect, analyze, and otherwise process Usage Data internally for its business purposes, including for security and analytics, to enhance the Service, and for other development and corrective purposes; and (ii) disclose Usage Data to third parties only in an aggregated and/or de-identified form and in a manner that does not identify you. “Usage Data” means technical logs, data, and learnings about your use of and interactions with the Service, but excludes Content.

The Service may include or incorporate optional third-party services, including without limitation extensions, plug-ins, MCP servers, and integrations that you may install yourself (“Third-Party Services”). Keystroke will clearly indicate such content or features as Third-Party Services via prominent notices or descriptions in the Service. If you elect, in your sole discretion, to access or use a Third-Party Service, your access and use of the Third-Party Service is subject to the terms provided by that Third-Party Service, and you remain responsible for complying with those terms. Keystroke does not make any representations or warranties with respect to Third-Party Services.

We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by using any unsubscribe or similar functionality or instructions in the promotional email.

We may, from time to time, change these Terms. Please check these Terms periodically for changes. If we make any material modifications, we will notify you by updating the date at the top of these Terms and by maintaining a current version of these Terms on this page. All modifications will be effective when they are posted, and your continued accessing or use of the Service will serve as confirmation of your acceptance of those modifications. If you do not agree to the modified Terms, you must discontinue your use of the Service.

You may stop accessing the Service at any time. We reserve the right to modify, suspend, or discontinue the Service or your access to the Service, in whole or in part, at any time without notice to you. Although we will strive to provide you with reasonable advance notice if we stop offering a Service, there may be urgent situations — such as preventing abuse, addressing security issues, or responding to legal requirements — where providing advance notice is not feasible. We will not be liable for any change to or any suspension or discontinuation of the Service or your access to it.

If you have a Subscription Service, we may terminate the Subscription Service at any time for any other reason. If we exercise this right, we will refund you on a pro rata basis the fees you paid for the remaining portion of your Subscription Service after termination, provided that if we terminate your access to the Service due to a violation of these Terms, you will not be entitled to any refund. We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice. Upon termination of these Terms, a Subscription Service, or your access to the Service, we may at our option delete any Content or other data associated with your account.

Sections 1.5, 4 (with respect to fees outstanding as of such expiration or termination), 5, and 13–17 will survive any expiration or termination of these Terms or a Subscription Service. If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting team@keystroke.ai.

Keystroke may modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features), temporarily or permanently, without notice to you. Keystroke will have no liability for any change to the Service, including any paid-for functionalities, or any suspension or termination of your access to or use of the Service. You should retain copies of any Content as needed so that you have access in the event the Service is modified and you lose access to such Content.

If you believe that your intellectual property rights have been infringed, please send notice to team@keystroke.ai. We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate. Written claims concerning copyright infringement must include the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
• A description of the copyrighted work that you claim has been infringed upon.
• A description of where the allegedly infringing material is located in the Service so we can find it.
• Your address, telephone number, and email address.
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please read the Keystroke Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal data.

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Keystroke, its affiliates, and each of their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Keystroke Entities”) from and against any and all liabilities, claims, damages, expenses (including reasonable attorneys' fees), and other losses arising out of or relating to: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; and (3) any claim that your Inputs violate any third-party intellectual property, publicity, confidentiality, privacy, or other rights. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case you agree to cooperate with our defense of those claims.

THE SERVICE AND OUTPUTS ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. KEYSTROKE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND OUTPUTS, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. KEYSTROKE DOES NOT WARRANT THAT THE SERVICE OR OUTPUTS WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND KEYSTROKE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. YOU AGREE THAT ANY USE OF OUTPUTS FROM THE SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON ANY OUTPUT AS A SOURCE OF TRUTH. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

15.1 No indirect damages

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE KEYSTROKE ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY KEYSTROKE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

15.2 Liability cap

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE KEYSTROKE ENTITIES TO YOU FOR ALL CLAIMS, DAMAGES, AND LOSSES ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, AND CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO KEYSTROKE FOR ACCESS TO AND USE OF THE SERVICE IN THE SIX (6) MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM OR, IF GREATER, (B) $100. THE FOREGOING LIMITATIONS ARE ESSENTIAL TO THESE TERMS, AND WE WOULD NOT OFFER THE SERVICE TO YOU UNDER THESE TERMS WITHOUT THESE LIMITATIONS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

16.1 Agreement to arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Keystroke, whether arising out of or relating to these Terms (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Keystroke are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect, by sending an email to team@keystroke.ai from the email address used to create your account, providing your first and last name and a clear statement of intent that you intend to exercise your right to opt out of mandatory arbitration.

16.2 Prohibition of class and representative actions and non-individualized relief

YOU AND KEYSTROKE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND KEYSTROKE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

16.3 Pre-arbitration dispute resolution

Keystroke is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing team@keystroke.ai. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”) to Sprint Labs, Inc, 356 S 2000 W, Pleasant Grove, UT 84062, with an electronic copy additionally sent to team@keystroke.ai. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Keystroke and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Keystroke may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Keystroke or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Keystroke is entitled.

16.4 Arbitration procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's (“AAA”) rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Keystroke and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Keystroke agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

16.5 Costs of arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Keystroke or you under the AAA Rules, Keystroke and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Keystroke will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Keystroke will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.

16.6 Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

16.7 Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.

16.8 Future changes to arbitration agreement

Notwithstanding any provision in these Terms to the contrary, Keystroke agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Keystroke written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

17.1 General

These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference, are the entire and exclusive understanding and agreement between you and Keystroke regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

17.2 Governing law

California law will govern these Terms except for its conflicts-of-laws principles. Except as provided in the Dispute Resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of San Francisco, California.

17.3 Consent to electronic communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

17.4 Contact information

You may contact us by sending correspondence to Sprint Labs, Inc, 356 S 2000 W, Pleasant Grove, UT 84062, or by emailing us at team@keystroke.ai.

17.5 No support

We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

17.6 Export and trade controls

You must comply with all applicable trade laws, including sanctions and export-control laws. The Service may not be used in or for the benefit of, or exported or re-exported to, (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. The Service may not be used for any end use prohibited by applicable trade laws, and your Inputs may not include material or information that requires a government license for release or export.