Terms of Service

Effective ⟦SET BEFORE PUBLISHING⟧ · Version 1.0

These Terms are an agreement between you and 01 Capital LLC, doing business as Keenergy. They cover what you can expect from us, what we expect from you, and what happens if something goes wrong. We have tried to write them in plain language.

1. Acceptance

These Terms of Service (“Terms”) are a binding agreement between you and 01 Capital LLC, a Delaware limited liability company with its principal office at 4600 South Syracuse Street #1450, Denver, CO 80237, USA, doing business as Keenergy (“Keenergy”, “we”, “us”). They govern your use of the Keenergy app, the games in it, this website, and related services (together, the “Service”).

By using the Service you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

2. Eligibility and age

• You must be at least 13 years old to use the Service.
• If you are under the age of digital consent where you live — 16 in some European countries, 13 in others and in the UK and the US — you may use the Service only with the consent and involvement of a parent or guardian, who agrees to these Terms on your behalf.
• You must be 18 (or your local age of majority) to make a purchase, or have the permission of the person who owns the payment method.
• Children under 13 may not use the Service. If we learn that an account belongs to a child under 13, we will close it and delete the associated data.

3. Guest and saved accounts

You can play as a guest. Keenergy creates a guest account for you automatically so you can start immediately. A guest account is a real account: it holds your profile, scores, streaks and history.

A guest account exists only on your device and cannot be recovered. It is held as a credential in your device’s secure storage. If you uninstall the app, clear its data, lose the device or switch to a new one, that guest account — and the profile, scores, streaks and league memberships attached to it — is permanently gone, and we cannot restore it. We hold no email address and no other way to identify it as yours. This is the consequence of letting you play without giving us any personal information, not a malfunction.

Saving an account by adding an email address and password attaches a credential to the same account, so nothing is lost, and lets you sign in to that account on another device.

You are responsible for keeping your credentials safe and for activity under your account, and you agree to tell us promptly about any unauthorised use. One account per person — operating multiple accounts to gain a competitive or plan advantage is not allowed.

4. Your profile and what other players see

• You have two public names: a display name, which does not have to be unique, and a username — a unique @handle we generate when your account is created and which you can change. Both are shown to other players on leaderboards, alongside your score and rank, and to members of any league you join.
• Your email address is never used as either name and is never shown to other players.
• Do not use your real name or any other personal information as either name, and do not use a name that impersonates someone else (including our staff), infringes a trademark, or is obscene, hateful or otherwise objectionable. Both names are screened automatically when you set them, and a name that fails screening is rejected.
• We may change or reset a name that breaks this section, without notice where it is abusive or impersonating.
• You can report and block other players. Reporting a player or a league sends it to us for review. Blocking a player hides their names from the leaderboards and rosters you see; it is one-way and the person you block is not told.
• Your scores, ranks and streaks are visible to other players through leaderboards. Your league membership and role are visible to the other members of that league.
• Nothing else about your account is shown to other players — not your email address, your plan, your purchases, or your play history away from the leaderboards.

5. Fair play

Keenergy is competitive, and the integrity of a leaderboard is the product. You agree not to:

• use bots, scripts, macros, automation, or any tool that plays for you;
• modify, tamper with, decompile or reverse-engineer the app, intercept or alter its communications, or try to obtain game answers or other content the server does not send you;
• create or use multiple accounts to gain an advantage or evade a restriction;
• share, sell, buy, rent or transfer an account, or play on someone else’s behalf;
• exploit a bug rather than reporting it; or
• interfere with, overload or circumvent the rate limits, quotas or plan checks of the Service.

Scores are ours to determine. Every result is calculated by our servers, which independently replay the moves you submit. A score we cannot reproduce does not stand. We may correct, void or remove any score, rank or streak we reasonably believe was obtained in breach of this section, and we may suspend or terminate the account.

6. Acceptable use

You also agree not to break the law or infringe others’ rights; upload malware; harass, abuse, threaten or harm anyone; exploit or endanger minors; impersonate others; try to access accounts or data that are not yours; scrape or overload the Service; circumvent security or billing; or use the Service to build a competing product. We may remove content or suspend access that breaches this section.

7. Private leagues

• A league is a private, invite-only group of players that you and other players create and run. Joining and viewing a league requires an active Basic or Pro plan; creating and managing one requires an active Pro plan.
• Leagues are run by their members. The owner and admins control the roster, the invite codes and the name, and we are not responsible for the conduct of members. We do not monitor leagues proactively — but a league’s name is screened automatically when it is created or renamed, you can report a league from within the app or at support@keenergy.com, and we can rename or close a league that breaches these Terms.
• Invite codes are for the people you choose to invite. Do not publish, sell or bulk-distribute them. A code can be revoked at any time by a league admin.
• A league always keeps at least one owner. A sole owner cannot be removed, demoted or leave without first transferring ownership or closing the league.
• If your Pro plan lapses you can no longer manage a league you own — you will not be able to invite, remove or promote members, or close or reopen the league, until you resubscribe. Nothing transfers ownership automatically, so a league whose only owner has lapsed stays unmanaged until that owner resubscribes or another owner acts. If you drop below Basic you also lose access to the roster. Your membership is not deleted, and you can always leave a league regardless of your plan.
• Closing a league is reversible for 30 days. A closed league disappears from members’ active lists but its owner can reopen it within 30 days, after which it and its roster and invite codes are deleted.

8. The games, dailies and the archive

• The Service is a catalogue of games that changes over time. We may add games, change how a game works, its rules, its scoring or its difficulty, and we may suspend or permanently retire a game.
• We will give reasonable advance notice before permanently retiring a game where practical. We may suspend a game immediately and without notice where necessary — for example to fix a defect, address a cheating exploit, or protect the Service.
• Daily puzzles are published on a schedule by local date. How far back into the archive you can go depends on your plan.
• When a game is retired, sessions of it stop and its scores, ranks and streaks may stop being displayed. Retiring a game is not by itself a refundable event; if it materially reduces what your paid plan gives you, the billing section and your statutory rights apply.

9. Scores, streaks, ranks and plans have no monetary value

• Keenergy is not a contest, a sweepstakes, a lottery or a gambling service. There are no entry fees, no wagers and no prizes. Paid plans buy access to features, not a chance to win anything.
• Scores, ranks, streaks, plan entitlements and activation-code grants are not your property, have no monetary value, and cannot be sold, transferred, exchanged or redeemed for cash. They are a revocable licence to use a feature of the Service.
• We may adjust, recalculate, reset or remove any leaderboard, score, rank or streak — to correct an error, to remove a cheated result, or when a game is retired.

10. Your content and the licence you give us

• You keep ownership of what you contribute — your names, your league names, your gameplay, and anything you send us (“Your Content”). We claim no ownership.
• Licence. You grant us a limited, non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, process and display Your Content solely to operate, secure and provide the Service — including displaying your names, score and rank to other players on the leaderboards and league rosters the Service is built around. The licence includes the right to sublicense these rights only to service providers acting on our behalf, strictly as needed to run the Service. It exists only to run the Service, does not permit us to use Your Content for unrelated purposes or to train AI models, is not perpetual, and ends when Your Content is deleted, subject to routine backups and legal retention.
• Feedback. If you send us suggestions we may use them without obligation to you.

11. Plans, billing and cancellation

• Plans. Keenergy offers free play and paid Basic and Pro plans. What each plan includes — which games and variants are free, how many non-daily plays a day you get, how far back the archive opens, and whether you can join or run leagues — is shown in the app at purchase and may be adjusted with notice.
• Auto-renewal. Paid plans renew automatically at the then-current price for the same period until you cancel. When you subscribe you separately confirm your agreement to these auto-renewal terms.
• Purchases require an adult. If you are under 18, do not make a purchase without the permission of the person who owns the payment method.
• Billing runs through the app stores. Billing, renewals and refunds are handled by Apple or Google under their terms. Manage or cancel in your App Store or Google Play account. Cancelling in Keenergy does not cancel a store subscription, and deleting your account does not stop store billing.
• What a lapse costs you. When a paid plan ends you keep your account, your scores and your streaks, but paid capabilities stop: the archive narrows to the free window, and if you own a league you can no longer manage it (see section 7).
• Price changes. We will give advance notice of any price increase and a chance to cancel before it takes effect.
• EU and UK consumers. You have a statutory 14-day right of withdrawal for digital purchases; for store purchases, exercise it through Apple or Google. Nothing here removes your mandatory statutory rights.

12. Activation codes

Activation codes grant a plan tier for a fixed period. A code is personal and non-transferable, may be redeemed once per account, requires a saved account, has no cash value and is not refundable or exchangeable, and may be revoked if it was obtained or used improperly. A code lifts your plan for its duration and expires on its own; it never reduces a paid plan you already hold.

13. Third-party services and the app stores

The Service relies on third parties — the app stores, our payment and subscription providers, and our hosting providers. Their terms and privacy practices govern their parts of the experience. Apple and Google are not parties to these Terms. Where you obtained the app from their store, Apple and Google are third-party beneficiaries entitled to enforce the terms that apply to app-store distribution, and they have no obligation to provide support or maintenance for the Service. You represent that you are not located in an embargoed country or on a prohibited-party list.

14. Suspension, moderation, termination and deleting your account

• You may stop using the Service at any time, and you may delete your account and its data in the app (Profile → Delete account) or, if you can no longer sign in, by writing to support@keenergy.com. Full details are at keenergy.com/delete-account.
• How deletion works. When you delete your account it is scheduled for erasure. Your account keeps working and the deletion is reversible for 14 days — cancel it in the app, or ask us — during which your data is not yet erased. After that your data is permanently erased — your scores and leaderboard entries, streaks, league memberships, play history, usage counters, subscription and purchase records and code redemptions — and your profile is anonymised. Deleting your account does not cancel a subscription billed by Apple or Google; cancel that in the relevant store.
• Reporting. You can report a player or a league from within the app, or by writing to support@keenergy.com. We review reports and may act on the account, name or league involved.
• We may suspend or terminate your access, and remove your scores from leaderboards, if you materially breach these Terms — including the fair-play rules — or use the Service in a way that creates legal risk or harms others or the Service. Where practical and lawful we will give notice; for serious issues we may act immediately.
• Termination for cause does not entitle you to a refund of amounts already paid, except where your local consumer law provides otherwise.
• We may also apply a temporary, reversible hold on an account while we investigate an issue or a support request.
• On termination the licence in section 10 ends as your content is deleted. Sections 9, 10 and 15–20 survive.

15. Disclaimers

Where permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that scores, streaks or game data will never be lost, or that any specific game will remain available.

Consumer rights that cannot be excluded. Nothing in these Terms excludes or limits any right you have as a consumer that cannot be excluded under the law of your country of residence, including statutory guarantees that digital content and services be as described and of satisfactory quality, and the associated remedies.

16. Limitation of liability

• To the extent permitted by law we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill.
• Cap. Our total liability for any claim is limited to the greater of (a) the amounts you paid us for the Service in the 12 months before the claim, or (b) USD $100. This cap does not apply to your payment obligations or to your indemnity in section 17.
• Guest accounts. To the extent permitted by law we are not liable for the loss of a guest account or its scores, streaks or memberships (see section 3).
• Where your law does not permit such a cap — including for EU and UK consumers — it does not apply to you, and our liability is limited only by the exclusion of indirect and consequential loss above, subject to the carve-out below.
• Carve-out. Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud or gross negligence, or for any liability that cannot be limited under applicable consumer law.

17. Indemnification

You agree to indemnify and hold us harmless from claims and costs, including reasonable legal fees, arising from your misuse of the Service, your breach of these Terms or of the law, or content you provide. This does not apply to the extent your local consumer law limits such an obligation.

18. Disputes and governing law

18.1 Governing law

These Terms are governed by the laws of the State of Colorado, USA, without regard to its conflict-of-laws rules, except that consumers are always entitled to the mandatory protections of the law of their country of residence.

18.2 If you are in the United States

• We will try to resolve disputes informally first — write to support@keenergy.com.
• Binding arbitration; class-action and jury-trial waiver. Any dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Denver, Colorado, and you and we waive the right to a jury trial and to take part in a class action.
• Opt-out. You may opt out of arbitration within 30 days of first accepting these Terms by writing to support@keenergy.com with the subject line “Arbitration Opt-Out”.
• Carve-outs. Either party may bring qualifying claims in small-claims court, and either party may seek injunctive relief for misuse of intellectual property.
• If the arbitration agreement is held unenforceable, the state and federal courts in Denver, Colorado have exclusive jurisdiction.

18.3 If you are in the EU, EEA or UK

No mandatory pre-dispute arbitration and no class-action waiver applies to you. You may bring proceedings in the courts of your country of residence, and you keep the protection of your local mandatory consumer law.

19. Changes to these Terms

We may update these Terms. For material changes we will give reasonable notice in the app or by email before they take effect, and update the date at the top of this page. Continuing to use the Service after the effective date means you accept the updated Terms; if you do not agree, stop using the Service and you may delete your account.

20. General

These Terms are the entire agreement between us on this subject. If any term is unenforceable, the rest stays in force. A delay in enforcing a term is not a waiver of it. You may not assign these Terms; we may assign them to a successor.

Contact: 01 Capital LLC d/b/a Keenergy, 4600 South Syracuse Street #1450, Denver, CO 80237, USA — support@keenergy.com.