1. Acceptance of Terms
These Terms of Service (“Terms”) are an agreement between you and Keya LLC, a California limited liability company doing business as Locket Press (“we” or “us”), for our websites, apps and services (the “Services”) and products (“Products”). Our Returns and Refunds Policy is part of these Terms; our Privacy Policy covers personal information. Using the Services means you accept these Terms.
IF YOU LIVE IN THE UNITED STATES, SECTION 14 REQUIRES BINDING INDIVIDUAL ARBITRATION OF DISPUTES AND WAIVES JURY TRIALS AND CLASS ACTIONS, UNLESS YOU OPT OUT WITHIN 30 DAYS.
2. Eligibility and Accounts
You must be 18 or older, or the age of majority where you live if higher, to use the Services, and are responsible for all activity under your account. People you invite to a book may edit it; members of a shared workspace may edit its books, which stay with the workspace if a member leaves.
3. The Services
The Services use artificial intelligence to generate text and images from material you provide. We may review content before printing and change, limit or discontinue the Services at any time.
4. User Content
“User Content” is the text, photos, recordings, comments and other material you submit. You keep your rights in it and grant us and our service providers a worldwide, non-exclusive, royalty-free license to host, copy, modify, display and print it solely to provide, secure and support the Services, fulfill orders, enforce these Terms and comply with law, until you delete it or your account, except for pending orders and copies the Privacy Policy describes. We will not use it, or anyone’s likeness in it, in marketing without your separate consent.
You represent and warrant that you have every right needed to submit your User Content and grant this license, including each identifiable person’s consent or, for a minor, a parent’s or guardian’s consent, and that it violates no law or third-party right.
5. Generated Content
“Generated Content” is the text and images the Services generate for you (with User Content, “Content”). We grant you a perpetual, non-exclusive, non-transferable license to use it, including in your Products, for personal, non-commercial purposes; commercial use requires our written consent. Generated Content may be inaccurate, unlike its subjects or similar to content made for others. You are responsible for reviewing Content, including names and likenesses, before ordering; we print Products as you approve them.
6. Acceptable Use
You may not use the Services unlawfully or to:
- create sexual content involving a minor or any real person, or nude images of a minor;
- infringe intellectual property, privacy or publicity rights;
- harass, threaten, defame, impersonate or exploit anyone, or promote hatred or violence;
- circumvent usage limits, reviews or safety measures; or
- copy, resell, scrape, reverse engineer or interfere with the Services, or use them to train artificial intelligence or build a competing service.
For any violation, we may refuse or remove content, cancel orders, suspend or terminate accounts and report to authorities.
8. Memberships, Orders and Payment
Prices are in U.S. dollars and may change for new purchases. A paid membership (“Membership”) renews automatically until you cancel, which you may do online at any time. “Pictures,” the credits for generating images that come with a Membership or in packs, have no cash value and are not transferable. The Returns and Refunds Policy governs trials, renewals, cancellations, refunds, replacements and Picture expiration.
We accept an order when we release it for printing and may decline any order with a full refund. Products may vary slightly from the screen. Delivery dates are estimates, shipping is limited to destinations offered at checkout, and risk of loss passes on delivery. Where the law permits, statutory withdrawal rights end for personalized Products once production begins.
9. Intellectual Property
We and our licensors own the Services, including our software, styles, characters, templates and brand. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes, and we may use your feedback without obligation. To report infringement, send a notice meeting 17 U.S.C. § 512(c)(3) to the address in Section 17; we terminate repeat infringers’ accounts.
10. Termination
You may close your account as the Privacy Policy describes. We may suspend or terminate your access for a violation, legal requirement or risk to others, or for any reason on notice with a refund of any prepaid, unused period. Otherwise, closing or termination ends any Membership without refund of the current period, except as the law requires, and we may then delete your Content. Sections 4, 5 and 11 through 17 survive.
11. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS STATED IN THE RETURNS AND REFUNDS POLICY, THE SERVICES, GENERATED CONTENT AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY AND UNINTERRUPTED OR ERROR-FREE SERVICE.
You are responsible for keeping copies of your User Content. We are not responsible for third-party services.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOSS OF DATA, PROFITS OR GOODWILL, AND OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, PRODUCTS OR THESE TERMS IS LIMITED TO THE GREATER OF WHAT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR US$100.
Where the law permits, claims must be brought within one year of arising.
13. Indemnification
You will indemnify and hold us harmless from claims, losses and expenses, including reasonable attorneys’ fees, arising from your User Content or breach of these Terms, except to the extent we caused them.
14. Dispute Resolution and Arbitration
This Section applies only if you live in the United States. Before bringing a claim, each party will give the other written notice and try in good faith to resolve the dispute for 30 days.
Unresolved disputes relating to these Terms, the Services or Products will be resolved by binding individual arbitration before one arbitrator of the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and the Federal Arbitration Act, by video, telephone or in your county. Except in a mass arbitration, we will reimburse your AAA filing fee for claims of US$10,000 or less. If the award exceeds our last written settlement offer made before the arbitrator was appointed, we will pay you at least US$10,000.
YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. A claim to which this waiver cannot apply will be decided in court.
National Arbitration and Mediation will administer 25 or more similar demands filed by or against us by the same or coordinated counsel under its mass filing rules. Either party may bring individual claims in small claims court, or seek court injunctions against misuse of intellectual property. Public injunctive relief that cannot be arbitrated will be decided in court after the arbitration.
You may opt out of this Section by emailing hello@locketpress.com from your account’s email address, stating your name and that you opt out, within 30 days after first accepting these Terms, and may reject a later change to it the same way within 30 days of its posting.
15. Governing Law
California law and applicable federal law govern these Terms, without regard to conflict-of-law rules; claims not subject to arbitration or small claims court will be heard only in state or federal court in California. If you live outside the United States, you keep your country’s mandatory protections, including any right to sue locally.
16. Changes to These Terms
We may change these Terms and will notify you of material changes before they take effect; using the Services afterward means you accept them. Orders are governed by the Terms in effect when placed.
17. General
These Terms and the policies they incorporate are the entire agreement between us. An unenforceable provision does not affect the rest, and failing to enforce one is not a waiver. You may not assign these Terms; we may assign them in a sale or reorganization of our business. We are not liable for events beyond our reasonable control. You consent to electronic notices, agreements and records at your account’s email address; send notices to us at hello@locketpress.com or Keya LLC, 2108 N Street, Sacramento, CA 95816, United States. The English version controls over any translation.
California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
18. Apple App Store
If you obtained our app from Apple’s App Store: these Terms are between you and us, not Apple; you may use the app only on Apple-branded devices you own or control, as the App Store’s usage rules permit; Apple has no obligation to maintain or support the app and is not responsible for claims relating to it; if the app fails to conform to an applicable warranty, you may notify Apple for a refund of any purchase price, and Apple has no other warranty obligation; you represent that you are not in a country subject to a U.S. embargo or on a U.S. list of restricted parties; and Apple and its subsidiaries may enforce these Terms against you as third-party beneficiaries.