Last Update as of: October 20, 2021

Terms & Conditions

1. User Consent to and Acceptance of the TOS

You represent that you have read and agree to be bound by the TOS. This is an agreement between Praxis Digital Inc., an Ireland corporation (“Praxis”), the owner and operator of www.keemoji.com (the “Praxis Site”), the Praxis software, and the Praxis Site, the “Praxis Service”, or the “Service”), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND Praxis ‘S PRIVACY POLICY, WHICH CAN BE FOUND AT https://keemoji.com/privacy-policy-keemoji/, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.

2. Service

These Terms of Service apply to all users of the Praxis Service. Information provided by our users through the Praxis Service may contain links to third party websites that are not owned or controlled by Praxis. Praxis has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Praxis will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Praxis shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

3. Access

A. Subject to your compliance with these Terms of Service, Praxis hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Praxis ‘s prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.

B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Praxis with certain access and permissions as requested and explained in the relevant service screens. You expressly acknowledge and agree that in order to provide the Service, Praxis may periodically access your contact list and/or address book on your mobile. You hereby give your express consent to Praxis to access your contact list and/or address book in order to provide and use the Service. We do not collect names, addresses or email addresses, just mobile phone numbers. You are solely responsible for the service requests that you submit via your mobile device utilized for the Praxis Service. You must notify Praxis immediately of any breach of security or unauthorized use of your mobile phone. Although Praxis will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Praxis or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. or “load testers” that accesses the Service in a manner that sends more request messages to the Praxis servers in a given period of time than a human can reasonably produce in the same period by using a Praxis application, and you are forbidden from ripping the content unless specifically allowed. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information from the Service, nor to use the Service’s software or hardware for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.

D. You may not use the Service for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the TOS. You agree to use the Service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Service in any manner that could compete with the business of Praxis or any of its counterparties.

Except as expressly permitted by Praxis in writing you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit post, frame, link, or in any way exploit any part of the Service, except that you may download material from the Service and/or make one print copy for your own personal, noncommercial use, provided that you retain all copyright and other proprietary notices. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE SERVICE IS STRICTLY PROHIBITED. Any use of the Service other than as permitted by the TOS will violate the TOS and may infringe upon our rights or the rights of the third party that owns the affected Service. You agree to report any violation of the TOS by others that you become aware of.

You may not use any of the trademarks, trade names, service marks, copyrights, or logos of Praxis in any manner which creates the impression that such items belong to or are associated with you or are used with Praxis’s consent, and you acknowledge that you have no ownership rights in and to any of such items.

You may neither interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Service, any activities conducted on or through the Service or any servers or networks connected to the Service. You may neither obtain nor attempt to obtain through any means any materials or information on the Service that have not been intentionally made publicly available either by public display on the Service or through accessibility by a visible link on the Service. You shall not violate the security of the Service or attempt to gain unauthorized access to the Service, data, materials, information, computer systems or networks connected to any server associated with the Service, through hacking, password timing or any other means. You may neither take nor attempt any action that, in the sole discretion of Praxis, imposes or may impose an unreasonable or disproportionately large load or burden on the Service or the infrastructure of the Service. You shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Service, any data or content found on or accessed through the Service, or any other Service information without the prior express written consent of Praxis. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.

4. Intellectual Property Rights

The design of the Praxis Service along with Praxis created text, scripts, graphics, interactive features and the like, except Input Submissions (as defined below), and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Praxis, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Praxis reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Input Submissions of third parties obtained through the Service for any commercial purposes.

5. Data Privacy

The following principles inform how we:

  • develop our products and services
  • manage user data we collect
  • select and interact with partners
  • shape our public policy and advocacy work

I. No surprises Use and share information in a way that is transparent and benefits the user.

II. User control Develop products and advocate for best practices that put users in control of their data and online experiences.

III. Limited data Collect what we need, de-identify where we can and delete when no longer necessary.

IV. Sensible settings Design for a thoughtful balance of safety and user experience.

V. Defense in depth Maintain multi-layered security controls and practices, many of which are publicly verifiable.

Detailed Privacy policy which is an integral part of these Terms of Service is available via the following link: https://keemoji.com/privacy-policy-keemoji/

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE Praxis SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Praxis, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. PRAXIS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRAXIS SERVICE. PRAXIS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PRAXIS SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER INPUT SUBMISSION OR OTHER ADVERTISING, AND PRAXIS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

7. Limitation of Liability

IN NO EVENT SHALL Praxis, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRAXIS CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT PRAXIS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 

The Service is controlled and offered by Praxis from its facilities in the United States of America. Praxis makes no representations that the Praxis Service is appropriate or available for use in other locations. Those who access or use the Praxis Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity

You agree to defend, indemnify and hold harmless Praxis, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Praxis Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Input Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Praxis Service. We don’t support or encourage illegal consumption of alcohol or tobacco, so there.

9. Remedy; Arbitration; Governing Law.

(a) IF YOU ARE DISSATISFIED WITH THE SERVICES OR CONTENT, IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR A THIRD PARTY WITH RESPECT TO THESE TERMS, THE SERVICES, OR THE CONTENT, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND/OR CONTENT.

(b) We may elect to resolve any controversy or claim arising out of or relating to these Terms or the Services by binding arbitration in accordance with the commercial arbitration rules of Ireland. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Dublin, Ireland, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Dublin, Ireland, necessary to protect the rights or the property of you or the Company (or its agents, suppliers, and subcontractors), pending the completion of arbitration.

(c) These Terms and any disputes arising directly or indirectly hereunder, shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its choice of law provisions. EACH PARTY HERETO EXPLICITLY WAIVES THE RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE OR CONTROVERSY ARISING OUT OF THESE TERMS.

10. Miscellaneous.

(a) We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Services or delivering them to you through an electronic communication in accordance with Section 3 hereof. You may update your communication preferences by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.

(b) Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

(c) These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements that you may have with us.

(d) If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

11. Ability to Accept Terms of Service

You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the Praxis Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the Praxis Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Praxis is the developer of the Service, with an address at ********.

12. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Praxis without restriction.

13. Modification of Terms.

At any time and without notice to you, we may modify these Terms by posting revised Terms on the Services. Your continued use of the Services constitutes your unconditional and binding acceptance of these Terms, including any amendments, revisions, alterations, modifications and/or supplements that we make from time to time in accordance with the provisions of hereof.

14. Contact Information

If you should have any questions or comments regarding these Terms or the Services, you can contact us at support@praxis.com.