Revised March 29, 2022

TheKey Caregiver App (the “App”) is provided to you as a Caregiver for The Key, LLC or an affiliated entity of TheKey, LLC (collectively, “TheKey”), and you may be required to use the App in the course of your employment with TheKey. Your use of the App is subject to these Terms and Conditions (the “Terms”), as well as all applicable terms of your employment relationship with TheKey. In the event of a conflict, these Terms shall control, but solely with regards to your use of the App. All terms and conditions of your employment will otherwise remain the same and are neither superseded nor altered by your consent to these Terms. By registering for, accessing, or using the App, you are agreeing to these Terms. You may not register for, access, or use the App if you do not agree to these Terms, the App Privacy Policy, or if you are not an active employee of TheKey.

The App gives you another means to enter, report, and track data regarding your employment with TheKey, and regarding TheKey clients. It also allows you to record working hours through its clock in and clock out functionality. As with other TheKey time record keeping, you are required to record all working hours by clocking in when arriving at your shift and clocking out when you have completed the shift. You must have an internet-enabled mobile device (such as a smartphone or other device) to use the App. You must also turn on location services in your browser settings in order to utilize the App to clock in and clock out. From time to time, TheKey may provide you with additional guidance and instructions regarding use of the App. You are required to read any guidance issued by TheKey regarding appropriate use of the App and comply with all such guidance.

TheKey gives you a personal, revocable, worldwide, royalty-free, non-assignable and non-exclusive license to use the App for the sole purpose of carrying out your duties as an employee of TheKey. Without limiting the foregoing, you may not:

• Use the App outside of your employment with TheKey or for purposes unrelated to your employment with TheKey;
• Provide others with access to your Account (with the exception of an TheKey supervisor);
• Attempt to circumvent any functionality or security protocols on the App;
• Download information from or take screenshots of the App, or use any robot, spider, site search/retrieval application or other manual or automatic program or device to retrieve, index, “scrape,” “data mine” or in any way gather data from the App;
• Copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the App or any part thereof, or access the App for the purpose of bringing an intellectual property infringement claim against TheKey;
• Remove or alter any proprietary notice or legend regarding proprietary rights in the App; or
• Enter any information into the App that: (i) advocates, promotes, or otherwise encourages violence or any illegal activities; (ii) violates the intellectual property or privacy rights, or other rights of any third party or TheKey; (iii) is misleading, false, or inaccurate (including without limitation with respect to your employment with TheKey, and service to TheKey clients); (iv) is abusive, obscene, or otherwise objectionable; (v) is harmful to minors; (vi) utilizes or contains any viruses, trojans, or any other similar software, data, or programs; or (vii) violates any law, statute, ordinance, or regulation.
• You are solely responsible for keeping your password secure, and for all actions that take place through your App/Account. Never share your password with another individual unless you are instructed to do so in writing by a TheKey supervisor. If your phone number or other information relating to your Account changes, you must notify TheKey promptly and keep such information current. If you discover that someone else is using your Account, if you lose your phone/mobile device, or if you discover any other breach of security, you must notify TheKey immediately. We are not responsible for your failure to comply with this clause.

As an employee of TheKey, you understand that any data or information you enter into the App, is deemed to be generated in the course of your employment with TheKey, shall belong to TheKey, and that you retain no ownership or rights to such information. You acknowledge and agree that TheKey (or TheKey’s licensors) own all legal right, title and interest in and to the App and that the App is protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

Your use of the App is subject to App Privacy Policy, which can be accessed from the menu in the top-right corner of the Caregiver App and is provided for your reference here. By using the App, you acknowledge that you have read, understood and agreed to the terms of TheKey’s App Privacy Policy.

You must immediately stop utilizing the App in the event you are terminated as an employee of TheKey, or otherwise cease to be an employee of TheKey. TheKey may modify or suspend the App at any time, with or without notice and in its absolute discretion. In the event of modification, your continued use of the App shall constitute consent to the changes. Upon any termination of the App or your Account, these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE.” THEKEY, ITS SUBSIDIARIES, PARENT COMPANIES, AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE APP, INCLUDING IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND DATA SECURITY AND INTEGRITY. NOTHING IN THE FOREGOING SHALL EXCLUDE OR LIMIT THEKEY’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. TheKey does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the App, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). You should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to installing any such software.

From time to time, we may remotely update, upgrade, modify, delete or stop supporting the App for any reason, including, without limitation, to enhance App or system functionality or stability or to address potential safety or security concerns. You agree that we may at any time automatically update, upgrade, modify, delete, or stop supporting the App. If the App is updated, upgraded or modified, whether to enhance or correct features or functionality or for any other reason, then these Terms will apply to the updates, upgrades and modifications in addition to any other terms that are presented to you in connection with the update, upgrade or modification.

These Terms constitute the entire agreement between you and TheKey with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of TheKey to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. Unauthorized use of this App is prohibited and violators can be liable under federal, state and provincial/territorial laws. To the extent you have entered into an arbitration agreement with TheKey in connection with your employment, the arbitration agreement shall govern the resolution of any disputes arising under these Terms. In the United States, these Terms will be governed by applicable Federal law (including with regard to the application of the arbitration agreement) and California law, except for its conflicts of laws principles. In Canada, these Terms will be governed by applicable provincial/territorial law where the Caregiver is employed.

Without limiting any other provision of these Terms, we may revise these Terms from time to time, including to better reflect (a) changes to the law, (b) new regulatory requirements, or (c) improvements or enhancements or other changes made to the App. If an update affects your use of the App or your legal rights, we’ll notify you prior to the update’s effective date.