Last updated: April 23, 2024

Please read these Terms and Conditions carefully before using Our Platform. By accessing or using Our Platform, you agree to be bound by these Terms and Conditions and all of its terms without change. These Terms and Conditions are a binding agreement between Keenee, you the User, and, if you are using Our Platform on behalf of a company or organization, such company or organization will also be considered a party to these Terms and Conditions and you represent that you have the authority to bind such company or organization to these Terms and Conditions. THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES AND A WAIVER OF YOUR CLASS ACTION RIGHTS.

Definitions

For the purposes of this Agreement:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Platform or parts of our Platform.
Business Vendor means a business that uses the Platform to contact Customers to arrange for rentals of Goods and or provision of Services on Our Platform.
Content means materials such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of form.
Customer means an individual who uses the Platform to rent Goods from a Renter or to receive a Service from a Service Provider.
Device means any device that can access the Platform such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Platform.
Goods means the items offered for rental on the Platform.
Keenee (referred to as either “Keenee”, “We”, “Us” or “Our” in this Agreement) refers to Keenee Corporation, One Boston Place, Suite 2600, Boston, MA 02108.
Mobile App means the Keenee mobile application available on the Apple App Store and Google Play and also available as a web based application for use through commonly used internet browsers such as Microsoft Edge, Apple Safari and Firefox.
Orders means request by a Customer to rent Goods from Renters or receive a Service from a Service Provider.
Personal Vendor means an individual who desires to offer Goods for rent by Customers using Our Platform.
Platform means the Website and the Mobile App.
Platform Fee means the fee charged by Keenee each month for use of the Platform.
Promotions refer to contests, sweepstakes or other promotions offered through the Platform.
Provider means a Business Vendor, Personal Vendor or Service Provider.
Service means a personal or professional service provided by a Service Provider and made available on the Platform.
Service Provider means an individual or organization providing Services to Customers through the Platform
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and Keenee regarding the use of the Platform.
Third-party Social Media Platform means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Platform.
Transaction Fee means the fee set forth on the Order to be paid to Keenee by the applicable Renter or Service Provider. If no payment is specified on the Order, the Transaction Fee is 15% for Renters and 10% for Service Providers. Keenee may change the Transaction Fee in its sole discretion by providing notice to Customer and any such change will be effective five (5) days after such notice.
Website refers to Keenee website located at https://www.keenee.com
You or User means the individual accessing or using the Platform, or the company, or other legal entity on behalf of which such individual is accessing or using the Platform, as applicable. Users may include Business Vendors, Customers, Service Providers and Personal Vendors.

Acknowledgment

These are the terms and conditions governing the use of this Platform and the agreement that operates between You and Keenee. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Platform.

Your access to and use of the Platform is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Platform.

By accessing or using the Platform You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Platform.

You represent that you are over the age of 18. Keenee does not permit those under 18 to use the Platform.

Your access to and use of the Platform is also conditioned on Your acceptance of and compliance with the Privacy Policy of Keenee. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Mobile App or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Platform.

We are not providing investment advice through this website, and the material on this website should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of Keenee or its Affiliates.

Keenee and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction based on the information, services, or other material on Our Website or the Mobile App. While we strive to keep the information on the Website and Mobile App accurate, complete and up-to-date, Keenee and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness, or timeliness of the information or services on the Website or the Mobile App.

Use Limitations/Proprietary Rights

We grant you access to the Website and Mobile App solely to use the Platform and receive information about the Platform and Goods and Services available through the Platform. You may access, download, and print materials as necessary to use the Platform. You may not license, copy, distribute, create derivative works from, frame in another Web page, use on any other website or mobile, or sell any information, content, databases, or lists obtained from this website except that you are permitted to make listings for Goods and Services on the Platform available in your social media posts and in email correspondence. You will not circumvent the rental process conducted through the Platform. When we request, you agree to provide true, accurate, and complete user information. You will not access or attempt to access password protected, secure or non-public areas of the website without our prior written permission. You will comply with all privacy laws. When you contact a Customer, Renter or Service Provider using the Platform, you will not complete a rental or service transaction through any other means than the Platform.

All materials on the Platform (as well as the organization and layout of the Website and the Mobile App) are owned and copyrighted, licensed by, or used with permission that is granted to Keenee. No reproduction, distribution, or transmission of the copyrighted materials on the Website or the Mobile App is permitted without the prior written permission of Keenee except that you are permitted to make listings for Goods and Services on the Platform, including displayed images, available in your social media posts and in email correspondence.

Placing Rental Orders for Goods

By placing an Order for Goods or Services through the Platform, You warrant that You are legally capable of entering into binding contracts. Currently, for Goods posted by Business Vendors, payment is handled through the Business Vendor directly, although we may add payment functionality at a later date. For Goods posted by Personal Vendors and for Services posted by Service Providers, payments are processed using our third party payment processor as described below.

Your Information

If You wish to place an Order for Goods available on the Platform, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email address, your zip code, and your phone number.

We use a third party payment processing service, currently Stripe, to process payments for your Orders. Your credit card number, the expiration date of Your credit card, and Your billing address. All Providers must set up their account with Strip in advance of using the Platform and your use of Stripe is subject to policies and agreements provided by Stripe including the Stripe Privacy Policy available at https://stripe.com/privacy and the Stripe Consumer Terms of Service available at https://stripe.com/legal/consumer. A thirty (30) day payment delay is imposed on the first rental or service with a Provider.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order. You also grant us the right to provide your contact information to the applicable Personal Vendor in order to complete your rental transaction.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

Goods or Services availability
Errors in the description or prices for Goods or Services
Errors in Your Order
Violation of these Terms and Conditions

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Order Cancellation Rights

Once you place an Order, that order is final and is a binding rental obligation between the Customer and the Renter or Service Provider. As the Customer, you can cancel an Order without any charge or penalty any time prior to such request being confirmed by the Business Vendor or Personal Vendor. As the Customer, you can cancel a confirmed Order up to 48 hours before the rental period starts, and Keenee will refund the amount of the rental price less a 5% cancellation fee. If you cancel a confirmed Order at any other time you shall not receive a refund and the Business Vendor or Personal Vendor will be entitled to the rental payment.

Vendor Post Cancellation

We reserve the right to refuse or cancel Your post of Goods for rental and/or Services at any time for certain reasons including but not limited to:

Goods/Services availability/legality
Errors in the description or prices for Goods/Services
Errors in Your post
Violation of these Terms and Conditions

We reserve the right to refuse or cancel your use of the Platform as a Business Vendor or Personal vendor if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods and Services on the Platform. The Goods and Services available on Our Platform may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding the Goods and Services on the Platform and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We and our Renters and Service Providers reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

Keenee and the Renters and Service Providers reserve the right to revise prices at any time prior to accepting an Order.

The prices quoted may be revised by Keenee, a Renter or a Service Provider subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of Keenee, the Renters or Service Providers. In that event, You will have the right to cancel Your Order.

Payments

All Goods and Services purchased are subject to a one-time payment. Payment can be made through various payment methods we have available through our third party payment processor, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If our payment processor does not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Promotions

Any Promotions made available through the Platform may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Platform.

You are responsible for safeguarding the password that You use to access the Platform and for any activities or actions under Your password, whether Your password is with Our Platform or a Third-Party Social Media Platform.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

If you log-in to the Platform using your Facebook, Google or Apple account, your use of the log-in service will be subject to the Facebook terms of use and privacy policy https://www.facebook.com/policies_center/, Google terms of use and privacy policy https://policies.google.com/privacy?hl=en&fg=1 , or the Apple terms and privacy policy https://www.apple.com/legal/.

Content

Your Right to Post Content

Our Platform allows You to post Content. You are responsible for the Content that You post to the Platform, including its legality, reliability, and appropriateness.

By posting Content to the Platform, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Platform. You retain any and all of Your rights to any Content You submit, post or display on or through the Platform and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Platform, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

Keenee is not responsible for the Content of the Platform’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including Keenee and its employees or representatives.
Violating the privacy of any third person.
False information and features.

Keenee reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms and Conditions, refuse or remove this Content. Keenee further reserves the right to make formatting and edits and change the manner of any Content. Kenee can also limit or revoke the use of the Platform if You post such objectionable Content. As Keenee cannot control all content posted by users and/or third parties on the Platform, you agree to use the Platform at your own risk. You understand that by using the Platform You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will Keenee be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, Keenee does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

Keenee will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that Keenee has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Platform.

Intellectual Property

The Platform and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of Keenee and its licensors.

The Platform is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Keenee.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide Keenee. If for any reason such assignment is ineffective, You agree to grant Keenee a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Platform may contain links to third-party web sites or services that are not owned or controlled by Keenee.

Keenee has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Keenee shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Platform will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Platform.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of Keenee and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by You through the Platform in the previous three months or 100 USD.

To the maximum extent permitted by applicable law, in no event shall Keenee or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Platform, third-party software and/or third-party hardware used with the Platform, or otherwise in connection with any provision of this Terms), even if Keenee or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

Indemnity

You will indemnify and hold Keenee (including Our Affiliates, Facebook(Meta), Apple, Google as well as Our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions, your improper use of the Platform, use or provision of the Goods or the Services, or your breach of any law or the rights of a third party.

Release

If you have a dispute with one or more Users, you release Us (and Our Affiliates, Facebook (Meta), Apple, Google, and Our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. You acknowledge that the Platform is not provided by Facebook (Meta), Apple, or Google.

Warranty Disclaimer

The Platform, the Goods and the Services are provided without warranty. To the maximum extent permitted under applicable law, Keenee, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Platform, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limiting the foregoing, neither Keenee nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Platform, or the information, content, and materials or Goods or Services included thereon; (ii) that the Platform will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Platform; or (iv) that the Platform, its servers, the content, or e-mails sent from or on behalf of Keenee are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

United States Legal Compliance

The Platform is for the use of US residents over the age of 18 only. You represent and warrant that (i) You are located within the United States or its territories; (ii) You are not listed on any United States government list of prohibited or restricted parties; and (iii) you are 18 years of age or older.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Platform. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Platform after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Platform.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us here: Contact us – Keenee

Dispute Resolution

You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Platform or the Goods or Services provided on the Platform will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Delaware law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, Keenee retains the right to forward them to the AAA on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Keenee retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.

Miscellaneous

The Platform is intended to and directed to residents of the United States and all advertising claims contained in this website are valid only in the United States. This Agreement and the resolution of any dispute related to this Agreement or this website will be governed by and construed in accordance with the laws of Delaware, without giving effect to any principles of conflicts of law. Failure by Keenee to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term. You may have greater rights, or some of the provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions shall not apply to you.

Keenee and other logos, product and service names are trademarks and service marks owned by or licensed to Keenee or its affiliates (the “Marks”). Without the prior written permission Keenee, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.

All other trademarks are the property of their respective owners.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Platform infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Platform, You must submit Your notice in writing to the attention of our copyright agent via email at DMCA@keenee.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Platform where the material that You claim is infringing is located.
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, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email at DMCA@keenee.com. Upon receipt of a notification, Keenee will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Platform.

Terms and Conditions