App Terms and Conditions

Last Updated: May 6, 2019

APPLICATION TERMS OF USE

This Application Terms of Use shall set forth the terms and conditions pursuant to which

you can use the various mobile, web and personal computer applications that are made

available by Keto A.I., Inc (“Keto”).

The various mobile, web and personal computer applications made available by Keto (the

“Application(s)”) are owned and operated by Keto or their third-party software providers.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE

APPLICATION. By using this Application, you agree to these terms of use (the

“Terms”). If you do not agree to the Terms, please do not download or use the

Application. We reserve the right, at our discretion, to change, modify, add or remove

portions of the Terms at any time. Please check these terms periodically for changes.

Your continued use of the Application following the posting of changes to the Terms will

mean you accept those changes. Use of a Keto mobile Application is also subject to

the terms and conditions of the Application’s mobile distributor or the terms and

conditions required by the mobile network operator.

THE APPLICATION

The Application, including but not limited to all text, graphics, logos, icons, images, data,

graphs, audio, videos, computer programs and other material and information contained

on, or utilized in the provision of, the Application is the property of Keto or its suppliers

and is protected by copyrights, trademarks, trade secrets, patents or other proprietary

rights. Keto hereby grants you a limited, nonexclusive, non-transferable, personal license

to use the Application for personal or informational purposes only. Except as expressly

authorized by Keto in writing, you may not use, copy, distribute, modify or create

derivative works from, disclose, display, transmit, or post or any portion of the

Application for any purpose or “frame" or "mirror" the Application on any other server or

wireless or Internet-based device. All rights not expressly granted herein are reserved to

Keto and/or its licensors.

To use certain features of the Application or participate in certain activities sponsored by

Keto, we might ask you to register as a participant or user. If so requested, each

Application user must: (a) personally provide true, accurate, current and complete

information on the Application's registration form (collectively, the "Registration Data")

and (b) maintain and promptly update the Registration Data as necessary to keep it true,

accurate, current and complete. If, after investigation, Keto has reasonable grounds to

suspect that any user's information is untrue, inaccurate, not current or incomplete, Keto

may suspend or terminate any and all current or future use of the Application by that

user. A user may receive passwords and account designations upon completing certain

Application registration processes and is wholly responsible for maintaining the

confidentiality of such passwords or designations.

CONTENT SUBMISSIONS

All information, data, text, software, music, sound, photographs, graphics, video,

messages, comments or any other materials whatsoever, whether posted or transmitted to

Keto or the Application, shall be collectively referred to as the “Content.” The

submitting user retains ownership of Content. Notwithstanding the user’s ownership, the

submitting user grants Keto the royalty-free, world-wide perpetual, non-exclusive,

transferable license to Keto to use, reproduce, modify, edit, publish, distribute and

display such Content through the Application. Keto has not, and will not, review,

monitor or edit the Content for accuracy, timeliness, integrity or completeness. Keto shall

have the right (but not the obligation) in its sole discretion to refuse or delete any Content

that it considers violating the Terms or be otherwise illegal. Keto, in its sole and absolute

discretion, may preserve Content and may also disclose Content if required to do so by

law, judicial or governmental mandate or, to protect the rights, property, or personal

safety of Application users and the public.

RULES FOR CONTENT SUBMISSION

We ask you to follow these rules when submitting, posting or sharing Content on the

Application: (a) you shall not upload to, distribute through or otherwise publish through

the Application any Content that is libelous, defamatory, obscene, pornographic, invasive

of privacy or publicity rights, abusive, that would constitute or encourage a criminal

offense or that would otherwise give rise to liability or violate any law; (b) you shall not

use the Application to post Content that promotes racism, bigotry, hatred or physical

harm of any kind against any group or individual, or that could be harmful to minors or

that harasses or advocates harassment of another person; (c) you will use this Application

only in a manner consistent with all laws and regulations and in accordance with the

Terms; (d) you will not impersonate any person or entity, misrepresent any affiliation

with another person, entity, or association, use false IP addresses or headers, or otherwise

conceal your identity from Keto; (e) you will only submit Content for which you have the

plagiarize, or infringe on the rights of third parties including copyright, trademark, trade

secret, privacy, publicity or proprietary rights. Keto shall not be liable in any way for any

Content.

Except as set forth above, your Content, and Keto’s use of the Content, is subject to the

Keto privacy policy ( www.keto-ai.com/privacy ).

USE OF APPLICATION BY CHILDREN

THE APPLICATION IS NOT INTENDED FOR USE BY CHILDREN UNDER

THE AGE OF 13.

TERMINATION

Keto may terminate your use of the Application for: (a) breach of these Terms; (b) your

abuse of Application resources or attempt to gain unauthorized entry to the Application;

or (c) as required by law, regulation, court or governing agency order. Keto's termination

of any user's access to the Application may be affected without notice and, on such

termination, Keto may immediately bar any further access to the Application. Keto shall

not be liable to any user or other third party for any termination of that user's access to

the Application. In the event of termination, Keto reserves the right to delete or save a

user’s Content at Keto’s sole discretion.

LINKS

The Application may provide links to websites or other applications. Keto exercises no

control whatsoever over such other websites or applications and is not responsible or

liable for the availability, content, advertising, products or other materials on such

websites. Your access and use of such linked websites or applications, including

information, material, products and services therein, is solely at your own risk.

LIMITED WARRANTY; LIMITATION OF LIABILITY

EACH USER'S USE OF THE APPLICATION IS AT YOUR SOLE RISK. THE

APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

KETO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER

EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE AND NON-INFRINGEMENT. KETO SHALL NOT BE LIABLE FOR ANY

DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR

EXEMPLARY DAMAGES RESULTING FROM ANY USER'S USE OR INABILITY

TO USE THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW THE

EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR

EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL

DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT

APPLY TO YOU.

COPYRIGHTS

Keto respects the intellectual property rights of others and requires that the people who

use the Application do the same. It is our policy to respond promptly to claims of

intellectual property misuse. If you believe that your work has been copied and is

accessible on this Application in a way that constitutes copyright infringement, you may

notify us by providing our copyright agent with the following information in writing: (a)

the electronic or physical signature of the owner of the copyright or the person authorized

to act on the owner's behalf; (b) identification of the copyrighted work that you claim has

been infringed; (c) identification of the material that is claimed to be infringing and

information reasonably sufficient to permit Keto to locate the material, including, if

applicable the full URL; (d) your name, address, telephone number, and email address;

(e) 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; and (f) a statement, made under

penalty of perjury, that the above information in your notice is accurate and that you are

the copyright owner or are authorized to act on the copyright owner's behalf.

Our designated agent to receive notification of claimed infringement under the Digital

John Roberts

New Counsel, PLC

233 Park Avenue, Suite 203

Minneapolis, Minnesota 55415

612-659-8443

jroberts@newcounsel.com

PRIVACY

Keto agrees to treat your private personally identifiable information in accordance with

the terms of our then current privacy policy, which is incorporated herein for all

purposes, and which is available for review at http://www.keto-ai.com/privacy/ or by

sending an e-mail request to: privacy @keto-ai.com .

GENERAL INFORMATION

The Terms constitute the entire agreement between each user and Keto and govern each

user's use of Application, superseding any prior agreements. The Terms and the

relationship between each user and Keto shall be governed by the laws of the State of

Texas without regard to its conflict of law provisions and each party shall submit to the

personal and exclusive jurisdiction of the courts located within Harris County, Texas.

The United Nations Convention on Contracts for the International Sale of Goods will not

apply to these Terms. This Application is controlled and operated by Keto from its

offices within the State of Texas, United States of America. Keto makes no

representation that materials in the Application are appropriate or available for use in

other locations. Those who choose to access this Application from other locations do so

on their own initiative and are responsible for compliance with local laws, if and to the

extent local laws are applicable. If any provision of the Terms is found by a court of

competent jurisdiction to be invalid, the parties nevertheless agree that the court should

endeavor to give effect to the parties' intentions as reflected in the provision, and the

other provisions of the Terms remain in full force and effect. Nothing herein shall be

deemed to create an agency, partnership, joint venture, employee-employer or franchisor-

franchisee relationship of any kind between Keto and any user.