Terms of Use and Privacy Notice

ITEMSKEEPER (“we”) utilizes cookies on its website and applications (collectively, the "ITEMSKEEPER Services"). This Cookie Notice details how and why we use cookies and similar technologies (collectively, “Cookie(s)”) and how you can change your preferences. By using the ItemsKeeper Services, California users accept the use of cookies in accordance with this Notice. Should you have any questions you may contact us at by filling a contact us form on the website. 

What is a Cookie? Why Do We Use Cookies?
Cookies are fundamental to how the Web operates today. They are small pieces of data that are downloaded to your computer’s hard drive, tablet or phone (collectively, “Device”) when you visit a website or application (collectively, “Sites”). Cookies are designed to reliably record functional activity such as traveling through multiple web pages, logging into a web platform, or placing items into a digital shopping cart. We use cookies for a variety of purposes. In order to provide, maintain and improve our Services, we and our third-party partners, Vendors or Service Providers (collectively, “Third Parties”) may save cookies to your Device. We may also utilize similar cookie technologies (e.g., web beacons, tracking pixels, images, and scripts). These technologies are used to help deliver cookies, gather usage data, analyze performance data and assist with managing information or features on our Sites. More information about cookies can be found at https://www.aboutcookies.org/ and at http://www.aboutads.info/consumers

California Consumer Privacy Act (CCPA)
We respect the privacy rights of users and recognize the importance of protecting your personal information. We may use your digital activity collected by Third-Party Cookies to enhance, customize, improve and notify you about our Services. Please view this legal section to learn more about what information is collected, retained, used, disclosed, and transferred by us. Sharing digital activity in this manner may be considered a "sale" under the California Consumer Privacy Act. We put "sale" in quotation marks because CCPA expands the definition of sale to include common industry practices such as collecting your digital activity when you view our webinars, download our documents, decide to contact us utilizing our portal or by our third-party Service Providers. Although money does not exchange hands when we do so, CCPA considers this widely used practice as a "sale". California residents may choose to opt-out from the "sale" or sharing of their digital activity by changing your browser settings as noted in the “Cookie Choices and How to Opt Out” section below. Choosing to opt-out of cookies may adversely affect your experience navigating our marketing and community web pages by diminishing some functions and our sites may not work as intended. Additionally, opting out will only prevent targeted ads, but you may continue to see generic, non-targeted ads after you have opted out. Information collected by Third-Party Cookies are subject to the Third Party’s Privacy Policy, and are not subject to any of our legal notices. Should you opt out of Third Party Cookies, we will block and disable these cookies from collecting additional information when visiting our sites. However, your information collected by Third Parties prior to opting out may still be utilized as such previously-collected information may remain saved on your device.

Cookie Choices and How to Opt Out
You may exercise your preferences to accept or reject cookies by changing your cookie settings by changing your browser settings as detailed below. Most web browsers accept cookies by default. You may set your preferences to remove cookies, reject cookies, or prompt you before accepting a cookie. Please note, disabling a cookie or category of cookie does not delete the cookie from your device. You will need to do this yourself from within your browser. Browser-specific information may be found at the following links:
Mozilla Firefox Cookie opt-out
Safari Cookie desktop browser opt-out; iOS
Chrome Cookie desktop browser opt-out; Android; iOS
Internet Explorer Cookie opt-out
Microsoft Edge Cookie opt-out

Some mobile devices may allow you to manage your cookies. Please see the following instructions for:
iOS (interest based advertising) – In the device Settings, select Privacy and then toggle on Limit Ad Tracking
Android (interest based advertising) – Open Google Settings, click on Ads, and then toggle on Opt out of Ads Personalization
You may also opt out of interest-based advertising by visit this link http://www.aboutads.info/consumers 

Privacy Overview
At ItemsKeeper, we respect the privacy rights of users and recognize the importance of protecting your information. This Notice explains how information is collected, retained, used, disclosed, and transferred by us and the available choices you have with regard to your personal information. This Privacy Notice applies to information collected, used or shared by when you use or access our websites, applications or services (collectively, the "ItemsKeeper Services" or "Our Services"), including when you interact with us.

Business Accounts
If you use our Services as part of a business, an entity, or a non-profit (collectively, “Organization”) that has an agreement with ItemsKeeper, then the terms of that agreement between the Organization and us will supersede the Privacy Notice where the terms overlap. 

Changes to This Notice
We may change this Notice from time to time. If we make any changes, we will revise the date at the top of this Notice. If there are material changes to this Notice, we may notify you or your Organization more directly by email or post a notice on our website prior to the changes becoming effective. We encourage you to periodically review our Notice to stay informed about our data protection practices and the ways you can help protect your privacy.

Collection of Information
Itemskeepr collects information in the following ways:
*Information You Provide. We collect the information you directly provide to us when you visit our websites or register for and/or use our services.
*Information We Collect Automatically. We might collect information related to your usage of our Services and the devices you use to access those Services.
*Information We Collect from Other Sources. We may collect information from third parties where you have provided us with access to information from those third parties. In some situations, you can decline to provide information to ItemsKeeper when asked for it. If you decline to provide information where Box requires such information to operate the Services and fulfill our obligations, you may not be able to use our services. Situations, where this may occur, include: Where we asks you to provide personal information to be able to add features or services to an existing account at your request; Where we asks you to provide personal information to create an account; or Where a third-party application asks you to provide information to use their feature or service through us or vice versa. There may be situations where you do not have the ability to decline to provide information. This includes where we automatically collect personal information through your use of our  Services. For any questions about providing us with your personal information, please contact us.

We collect information directly from you when you contact us, communicate with us, or fill out one of our surveys. The type of information we collect, but not limited to, includes; name, username, email, address, phone number, employer, title, and any other information you provide us with. We might collect information provided to third parties by you to enable the use of certain features, and products. 

ItemsKeeper uses information collected for the purpose of providing the ItemsKeeper Services. we will process and transfer information within and to the U.S. and other countries and territories from which ItemsKeeper or its authorized third parties may operate, which may have different privacy laws from your country of residence.

Your information may be used to perform a variety of purposes such as: providing, operating, and maintaining our services. Enabling you to access and use our services. Send you notices and communications. Monitor and analyze trends. Investigate and prevent spam and fraudulent behavior on our website.

Sharing and Disclosure of Information
We will not share personal information about you or any Content with any third parties, unless you allow it, as described in this Notice, or in connection with providing you the Itemskeeper Services. We may share information with (i) third parties and vendors or other services providers working on our behalf; (ii) the third-party integrations or other third-party products that you choose to use while working with the ItemsKeeper Services or (iii) when necessary, to protect the security and safety of our users or when required by law or a legal process. We understand that your personal information is important to you, and that is why you have choices in how your personal information is used and shared. You can exercise your data protection and privacy rights at any time by contacting us to update any of your preferences. 

Our services are not directed to individuals under the age of 18 and we do not knowingly collect information from anyone under 18. If you become aware that a child has provided us with personal information, please contact us. If we become aware that a child under 18 has provided us with personal information, we will take steps to delete such information as soon as possible.

This page, the ItemsKeeper Terms of Service ("Terms"), outlines the terms regarding your use of our website and products. These Terms are a legally binding contract between you and ItemsKeeper so please read carefully. If you do not agree with these Terms, do not register or use any of the services. By using, accessing or browsing this platform and products including applications, software, websites or other properties owned or operated by Itemskeeper ( "Services") you are agreeing to be bound by these Terms for the Services provided by Itemskeeper ("Itemskeeeper" or "we"). If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to Itemskeeper that you have the authority to bind that organization to these Terms (in which event, "you" and "your" will refer to that organization) unless that organization has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the services. In order to use the Service, you must be legally permitted to accept these Terms.

We reserve the right to modify these Terms. We will try our best to post the most current version of these Terms. If we make material changes to these Terms, we may notify you via the Services and/or by email to the address associated with your account. If you do not accept the changes, you must stop using and cancel your account by contacting us. Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated terms.

Certain aspects of the Services may require you to obtain an account by completing a registration form and designating a user ID and password. When registering with us you must: (a) provide true, current and complete information about yourself on the registration form and (b) maintain such information so it continues to be true, current and complete. You are entirely responsible for all materials and information that you provide, post or otherwise transmit via the Services. If your account includes an administrative console, that console may include options to configure your use of some of the features in the Itemskeeper Services. Only you may use your account and you are responsible for all aspects of your account. Each user must have a separate account. You may not share, loan or transfer your ID or password. If you become aware of any unauthorized use of the Services or your account, or have any questions about your account please contact your site admin, and the site admin has to contact us. 

By registering with Itemskeeper or signing up for Services, you understand and consent to us sending you (including via email) information regarding the Services, such as: (a) notices about your use of the Services, including notices of violations of use; (b) updates to the Services and new features or products; (c) administrative messages and other information; and (d) advertising, marketing, and other materials regarding our products and services. You may choose to opt-out of receiving advertising and marketing materials by unsubscribing from such communications by following the instructions in the message. Notices emailed to you will be considered given and received when the email is sent. If you do not consent to receive notices (other than advertising and marketing materials) electronically, you must stop using the Services.

We call all the documents that you upload, email us, type or create on our products "Content". All of your content is yours! We don't control, verify, or endorse the Content that you or others put, create, send, or modify. You are responsible for: (a) all Content in your account(s) and that you share through the Services-and (b) making sure that you have all the rights you need in relation to the Content. In addition, by storing, using or transmitting Content you confirm that you will not violate any law or these Terms. You agree that when you share your Content, you may be allowing other people to access and use your Content in any way without further restriction or compensation to you. You agree to provide Itemskeeper (as well as agents or service providers acting on our behalf to provide the Services) the right to transmit, process, use and disclose Content and other information which we may obtain as part of your use of the Services but only: (i) as necessary for us to provide the Services, (ii) as otherwise permitted by these Terms, (iii) as otherwise required by law, regulation or order, and/or (iv) to respond to an emergency.

We respect the intellectual property of others and will respond to notices of alleged copyright infringement that comply with the law. We reserve the right to delete or disable Content alleged to violate copyright laws or these Terms and reserve the right to terminate the account(s) of violators.If you believe there has been a violation of your intellectual property rights, please contact us. 

During your use of the Services, we may share with you information that is confidential, sensitive or should be kept secret. For example, if we tell you about our product roadmaps, product designs and architecture, technology and technical information, provide you with security audit reviews, business and marketing plans, or share with you our business processes, these should always be considered confidential to Itemskeeper. Similarly, we agree that your Content, credit card/banking information and information contained in your account is confidential to you. Also, if either of us provide any documents to the other that are labeled "confidential" (or something similar), or provide information (either in writing or verbal) that is of a type that a reasonable person should understand to be confidential such information is to be treated as confidential information. However, if you tell us information that: (a) we already know at the time you tell us; (b) was told to us by a third party who had the right to tell us; (c) is generally available to the public; or (d) was independently developed by us without using any of your confidential information, then that information will not be considered confidential. The same goes for information that we tell you that falls into any of these categories. Lastly, we both agree that: (i) we will treat each other's information with the same degree of care that we treat our own confidential information; (ii) will use each other's confidential information only in connection with these Terms and the Services; (iii) only share the information with others who have a need to know and who have agreed in writing to treat it as confidential (as we've outlined in this section); and (iv) not share the information with any third party except as allowed in these Terms or through the Services. Of course, confidential information will always remain the property of its owner.

You agree you will not, nor will you encourage others or assist others to, harm the Services or use the Services to harm others. For example, you must not use the Services to harm, threaten, or harass another person, organization or ItemsKeeper and/or to build a similar service or website. You must not: (a) damage, disable, overburden, or impair the Service (or any network connected to the Services); (b) resell or redistribute the Services or any part of it; (c) use any unauthorized means to modify, reroute, or gain access to the Services or attempt to carry out these activities; (d) use any automated process or service (such as a bot, a spider, or periodic caching of information stored by Itemskeeper) to access or use the Services; (e) use the Services beyond the features allocation and amounts provided in that Service or in violation of our fair use policy; (f) use the Services to, and/or cause Itemskeeper to, violate any law or distribute any malware or malicious Content; (g) use the our Service to communicate any message or material that is defamatory, harassing, libelous, threatening, or obscene; (h) use the Itemskeeper Service in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity; (i) distribute, post, share information or Content illegally or without permission; (j) use the Itemskeeper Service to disseminate or promote terrorism or terrorist activities; or (k) use the Itemskeeper Service to disseminate material that may infringe upon legally protected social rights and freedoms of a person(s) (collectively, 'human rights') and/or as defined by domestic and public international laws and/or other legal norms. As part of our efforts to protect the Service, protect our customers, or to stop you from breaching these Terms we retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Services. We also reserve the right to deactivate, change and/or require you to change your Itemskeeper user ID and any custom or vanity URLs, custom links, or vanity domains you may obtain through the Services. You also agree that if you learn of any unauthorized or unacceptable use of any account, Content or the Service, you will promptly contact our Support and take all reasonable steps to cooperate with us and assist in the termination of such use.

We reserve the right to suspend or terminate your access to the Service at any time in our sole discretion or disable any Content if a) you are in breach of these Terms; or b) your use of the Services could cause a risk of harm or loss to Itemskeeper or our other users; or c) Itemskeeper declines to renew your Subscription Period. When reasonable and as permitted by law, we will provide you reasonable advance notice of this change as well as an opportunity to correct any actions that led to our decision. We will not be able to provide this advance notice if you are in material breach of these Terms, or if such notice would lead to civil or criminal liability for ItemsKeeper, or if providing notice would compromise our ability to provide the Services to our other users. For the avoidance of doubt, Box may still make a determination that it does not want to continue offering you access to the Service at any time for any or no reason. You understand that if your account is suspended or terminated, you may no longer have access to the Content that is stored with the Services. Upon termination, you may request access to your Content, which we will make available, except in cases where we have terminated your account due to your violation of these Terms or the Acceptable Use Policy terms. You must make such request within fourteen (14) days following termination otherwise, any Content you have stored with the Services may not be retrievable and we will have no obligation to maintain Content stored in your account after this fourteen (14) day period.

We may make deployments of changes, updates or enhancements to the Services or modifications to our default settings at any time. We may also add or remove functionalities or features, or we may suspend or stop the Services altogether.

All contents of the Site and Services including but not limited to logo, design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement and Itemskeeper Confidential Information belong to Itemskeeper, and/or its suppliers, affiliates, or licensors. Itemskeeper or its licensors own and reserve all rights, title and interest in and to the Services and all hardware, software and other items used to provide the Services, other than the rights we expressly grant to you to use the Services and our Confidential Information. No title to or ownership of any proprietary rights related to the Services or our Confidential Information is transferred to you pursuant to these Terms. If you provide comments, suggestions and recommendations to Itemskeeper about a Service (e.g., modifications, enhancements, improvements) (collectively, "Feedback"), you are automatically assigning this Feedback to Itemskeeper.

There are certain things that we do not promise about the Services. Other than as expressly stated, we do not make any commitments about the specific functionality available through the Services, their reliability, availability, or ability to meet your needs. TO THE EXTENT NOT PROHIBITED BY LAW, ITEMSKEEPER AND ITS AFFILIATES (AND ASSOCIATED SERVICE PROVIDERS) (A) PROVIDE THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE", (B) MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED (E.G. WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AND (C) DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

To the extent not prohibited by law, you will defend ItemsKeeper against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content or information provided by you, or your use of the Services: (a) infringes a registered patent, trademark, copyright, or other intellectual property right of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of ItemsKeeper's actions); or (b) violates applicable law or these Terms. Itemskeeper will reasonably notify you of any such claim or demand that is subject to your indemnification obligation of which it becomes aware.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL YOU OR ITEMSKEEPER AND ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, BUSINESS INTERRUPTION, LOSS OF OPPORTUNITY, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF ITEMSKEEPER HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF YOU OR ITEMSKEEPER AND ITS AFFILIATES, OFFICERS, RESELLERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES, SAVE IN RESPECT OF LIABILITY ARISING UNDER THESE TERMS, WILL BE LIMITED TO THE GREATER OF: (A) ONE AND A HALF (1.5) TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR THAT SERVICE; OR (B) ONE HUNDRED DOLLARS ($100 U.S.D.). THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW. NOTHING IN THESE TERMS AFFECTS CONSUMER RIGHTS THAT CANNOT BY LAW BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. Nothing in these Terms shall exclude or limit the liability of you or Itemskeeper and its affiliates, officers, employees, agents, licensors, resellers, suppliers and distributors for death or personal injury, fraud, fraudulent misrepresentation or any liability that cannot be excluded or limited by law. The provisions of this "Limitation of Liability" section allocates the risks under these Terms between you and Itemskeeper, and you and us have relied on these limitations in determining whether to enter into these Terms and the pricing for the Services.

You must comply with all domestic and international export laws and regulations that apply to your use of the Services, such as software. These laws include restrictions on destinations, end users, and end use. You agree that the Terms, and your relationship with Itemskeeper will be governed by the laws of the State of Texas, U.S.A. regardless of conflict of laws principles. We both agree that the United Nations Convention on Contracts for the International Sale of Goods, the Uniform Commercial Code, the Uniform Computer Information Transactions Act, and any law effectuating these conventions do not apply to these Terms. We both agree that all of these claims can only be litigated in the federal or state courts in Texas, USA and we each agree to personal jurisdiction in those courts. However, you agree that Itemskeeper can apply for injunctive remedies in any jurisdiction. To the extent that the following provision is not in conflict with applicable law, you may only resolve disputes with us on an individual basis and may not bring a claim or proceed in a group arbitration proceeding as a plaintiff or a class member in a class, consolidated, or representative action.

If you choose to subscribe to a paid Service, you agree to pay the fees ("Fees") as quoted to you when you purchase that Service. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. ItemsKeeper reserves the right to change its prices at any time, however, if we have offered a specific duration and Fee for your use of the Service, we agree that the Fee will remain in force for that duration. After the offer period ends, your use of the Service will be charged at the then-current Fee(s). If you don't agree to these changes, you must stop using the Service and cancel your account. If you cancel, your Service ends at the end of your current Service period or payment period, and no refunds for previously paid services will be issued.If you do not cancel in accordance with these Terms, the subscription for the Service will automatically renew at the then-current price and term length for the next subscription period. We will charge your credit card on file with us on the first day of the renewal of the subscription period.

If you select a paid Service, you must provide us with current, complete, accurate and authorized payment method information (e.g. credit card information). You authorize us to charge your provided payment method for the Services you have selected and for any paid feature(s) that you choose. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) if you have elected a subscription service, on a recurring basis. To the extent ItemsKeeper has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. If you do not cancel your account, we may automatically renew your Service(s) and charge you for any renewal term. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Services.

These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Services.

We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service, unless we provide written consent for you to do so.

Itemskeeper and you are not legal partners or agents; instead, our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.

The failure of either of us to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect, unless expressly waived in writing.

for any questions you can fill out a contact us form or email us at support@itemskeeper.com