Kepe

Terms of Service

Effective Date: 12/06/2025 Last Updated: 12/09/2025

These Terms of Service ("Terms") are a legal agreement between you and Tokotoko LLC, a Utah limited liability company ("Tokotoko," "we," "us," or "our"), regarding your use of the ke.pe service.

1. Acceptance of Terms

By creating an account or using ke.pe ("Service"), whether on a free or paid plan, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Service Description

ke.pe provides link shortening, QR code generation, and analytics services. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without notice.

3. Eligibility and Account Creation

You must be at least 13 years old to use the Service. By creating an account, you represent that:

  • You are at least 13 years of age
  • You will provide accurate and complete information
  • You will maintain only one free account per person
  • You will keep your account information current

4. Prohibited Uses

You may not use the Service for any unlawful purpose, to violate any laws, or in any way that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service. We reserve the right to determine, in our sole discretion, what constitutes prohibited use. You may not use the Service if you are located in a country subject to U.S. sanctions or if you are on any U.S. prohibited parties list.

You may not use the Service to:

  • Share, promote, or link to pornographic or adult content
  • Distribute malware, viruses, or other harmful code
  • Engage in phishing, fraud, or deceptive practices
  • Share content that is illegal, defamatory, or violates others' rights
  • Promote violence, harassment, or hate speech
  • Send spam or engage in abuse of the Service
  • Violate any applicable laws or regulations
  • Create multiple accounts to circumvent service limitations
  • Share links that auto-download files without user consent
  • Promote cryptocurrency scams, pyramid schemes, or deceptive financial schemes

5. Account Termination

We reserve the right to suspend or terminate your account immediately, without notice or refund, if we determine in our sole discretion that you have violated these Terms or engaged in any prohibited use. This applies to all account tiers, including paid subscriptions.

6. Payment and Refunds

All payments are final and non-refundable. This includes monthly and annual subscriptions, regardless of usage or account termination.

Automatic Renewal

Paid subscriptions will automatically renew at the end of each billing period using your payment method on file. You authorize us to charge your payment method automatically upon each renewal until you cancel.

Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. You will retain access to paid features until the end of the period you've paid for.

Price Changes

We may change subscription prices upon 30 days notice. If you do not agree to the price change, you may cancel before your next renewal date.

Downgrading or canceling your plan will not result in any refunds for the current billing period except to the extent prohibited by applicable law.

7. No Warranty and Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DO NOT GUARANTEE ANY UPTIME, AVAILABILITY, OR SPECIFIC PERFORMANCE LEVELS.

IN NO EVENT SHALL TOKOTOKO LLC OR ITS MEMBERS, OFFICERS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE.

Our total liability to you for any damages shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

8. Intellectual Property

You retain ownership of your content. By using the Service, you grant us a license to store and process your content as necessary to provide the Service.

The Service, including all associated intellectual property rights, is and shall remain the exclusive property of Tokotoko LLC. This includes our proprietary analytics technology, heatmap analytics visualization methods, data analysis algorithms, and all related processes and methodologies ("Analytics Technology").

You may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying algorithms, techniques, or structure of any part of the Service, including but not limited to our analytics technology, APIs, or any software.

9. User Responsibilities

You are responsible for:

  • Maintaining the security of your account credentials
  • All activities that occur under your account
  • Ensuring your content and links comply with these Terms
  • Any consequences of the content you share through the Service

10. Privacy and Data

Your use of the Service is also governed by our Privacy Policy. We collect and process analytics data to provide the Service features. You are responsible for obtaining any necessary consents from end users who interact with your links.

11. Modifications to Terms

We may modify these Terms at any time by posting the updated Terms on our website. For material changes, we will also attempt to notify you via email to the address associated with your account or through a Service notification.

Your continued use of the Service after the effective date of any changes constitutes acceptance of the modified Terms. It is your responsibility to maintain a current email address and to review these Terms periodically.

12. Service Modifications and Availability

We reserve the right to modify or discontinue any feature, pricing, or aspect of the Service at any time without notice or liability to you.

The Service may be temporarily unavailable due to scheduled or unscheduled maintenance, updates, deployments, system failures, bugs, cyber attacks, DDoS attacks, or other causes beyond our control. We shall not be liable for any unavailability of the Service, data loss during updates, or any bugs or errors in the Service. You acknowledge that temporary interruptions are an inherent risk of online services.

13. Indemnification

You agree to indemnify and hold harmless Tokotoko LLC, its officers, members, and employees from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.

14. Governing Law

These Terms shall be governed by the laws of the State of Utah, without regard to its conflict of law provisions. Any disputes shall be resolved in the state or federal courts located in Utah County, Utah, and you consent to the exclusive jurisdiction and venue of such courts.

15. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

16. Contact Information

For questions about these Terms, please contact: [email protected]

17. Copyright Infringement and DMCA

Notice and Takedown Procedure

We respect intellectual property rights. If you believe a link on our Service points to content that infringes your copyright, please send a DMCA notice to: [email protected]

Your notice must include:

  • Identification of the copyrighted work claimed to be infringed
  • The specific ke.pe link(s) that allegedly point to infringing content
  • Your contact information (name, address, phone, email)
  • A statement that you have a good faith belief the use is not authorized
  • A statement under penalty of perjury that your notice is accurate
  • Your physical or electronic signature

Our Response

Upon receiving a valid DMCA notice, we will:

  • Remove or disable access to the allegedly infringing link(s)
  • Notify the user who created the link
  • Terminate repeat infringers' accounts

Counter-Notice

If you believe your link was wrongly removed, you may submit a counter-notice with similar requirements.

False Claims

Submitting false DMCA claims may result in legal liability.

18. Third-Party Links and Content

The Service enables you to create links that redirect to third-party websites. We do not control, endorse, or assume responsibility for any third-party sites or content. Your use of third-party sites is at your own risk and subject to those sites' terms and privacy policies.

We are not responsible for:

  • The availability or accuracy of linked sites
  • Content, products, or services on linked sites
  • Damages arising from your use of linked sites

19. Limitation Period for Claims

Any cause of action or claim you may have arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred.

20. Assignment

You may not transfer or assign your account, rights, or obligations under these Terms to any other person or entity without our prior written consent. This includes transfers through mergers, acquisitions, or sale of assets. Any attempted transfer or assignment in violation of this section will be void.

We may transfer or assign our rights and obligations under these Terms without restriction.

21. Entire Agreement

These Terms constitute the entire agreement between you and Tokotoko LLC regarding the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Service. No additional terms, clicking "I agree" on any third-party terms, or other modifications will be binding unless agreed to in writing by Tokotoko LLC.

22. Survival

The following sections shall survive any termination or expiration of these Terms: Section 7 (No Warranty and Limitation of Liability), Section 8 (Intellectual Property), Section 13 (Indemnification), Section 14 (Governing Law), Section 17 (Copyright Infringement and DMCA), Section 19 (Limitation Period for Claims), Section 20 (Assignment), Section 21 (Entire Agreement), Section 23 (Dispute Resolution and Arbitration), Section 25 (No Waiver), and this Section 22 (Survival).

23. Dispute Resolution and Arbitration

Informal Resolution

Before filing any legal action, you agree to first contact us at [email protected] to attempt to resolve any dispute informally. We'll try to resolve the issue within 90 days of receiving your notice.

Binding Arbitration

YOU AND TOKOTOKO LLC AGREE THAT DISPUTES SHALL BE RESOLVED THROUGH BINDING ARBITRATION rather than in court, except:

  • Claims that qualify for small claims court (typically under $11,000 in Utah)
  • Claims seeking injunctive relief for intellectual property violations
  • Claims exceeding $50,000 in controversy
  • Claims where either party is a business entity with annual revenues exceeding $5 million or more than 50 employees ("Enterprise Exception")

For arbitration, we'll use JAMS Streamlined Rules in Utah County, Utah. Each party bears their own costs and splits the arbitrator's fees.

Class Action Waiver

YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY. No class actions, collective actions, or representative proceedings are permitted under any circumstances, whether in court or arbitration.

Frivolous Claims

If the arbitrator finds your claim was filed in bad faith or for harassment, you must reimburse Tokotoko LLC for all arbitration costs and reasonable attorney fees.

24. Force Majeure

We shall not be liable for any delay or failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, labor disputes, equipment failure, internet service provider failures, cyber attacks, or actions by governmental authorities. During such events, our obligations under these Terms shall be suspended.

You acknowledge that:

  • The Service requires periodic maintenance, updates, and deployments which may cause temporary unavailability
  • We may perform emergency maintenance without notice
  • Bugs, errors, and technical issues may occur despite our efforts
  • Third-party attacks (including DDoS) may impact availability
  • We make no guarantees regarding uptime or continuous availability

We shall not be liable for any damages resulting from Service interruptions, regardless of cause or duration.

25. No Waiver

Our failure to enforce any provision of these Terms shall not be considered a waiver of that provision or our right to enforce it later. Any waiver must be in writing and signed by Tokotoko LLC.

26. Beta Features

We may offer certain features in beta ("Beta Features"). Beta Features are provided "AS IS" for testing and evaluation purposes only and may be discontinued at any time without notice. We make no warranties regarding Beta Features and shall have no liability for any harm or damage arising from your use of Beta Features. Your use of Beta Features may be subject to additional terms.

27. Consent to Electronic Communications

By using the Service, you consent to receiving electronic communications from us, including emails, text messages (if you provide a phone number), and notices posted on the Service. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You may withdraw consent by contacting [email protected], but this may result in suspension of your account.

By using ke.pe, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.