By creating a Keyaway account or using the Keyaway iOS app, you agree to these Terms. If you do not agree, do not use Keyaway.
Keyaway is a planning tool that lets members list their homes and propose home swaps with each other. Keyaway is not a party to any swap. We do not collect rent or fees on swaps, hold funds, provide insurance, perform background checks, or guarantee the accuracy of any listing or member profile. All swaps are arrangements between members.
You must be at least 17 years old to use Keyaway and able to enter into a binding contract. To list a home for swap (host), you must be at least 18 years old, because most U.S. states require legal adulthood to enter binding home-occupancy arrangements (e.g., NY GBL §5-101, CA Family Code §6500). You may not use Keyaway if previously banned.
You are responsible for keeping your password secure and for all activity under your account. You retain rights to listings, photos, and swap-request messages you create ("User Content"), and grant Keyaway a worldwide, royalty-free license to display that content to other members for the purpose of operating the service.
You agree not to upload content that is unlawful, infringes others' rights, or impersonates anyone. You agree not to use Keyaway to harass other members, send unsolicited commercial messages, or coordinate transactions outside the platform.
Keyaway provides report and block tools inside the app. We may, at our sole discretion, remove content or suspend accounts for violations of these Terms. We aim to act on reports within 24 hours of receiving them.
Some Keyaway features may require a paid subscription. If you subscribe, payment is processed by Apple via the App Store. Subscriptions auto-renew until cancelled. You can manage and cancel any subscription in Apple Account → Subscriptions. Apple's standard rules govern refunds.
Keyaway is provided "as is" without warranties of any kind, express or implied. We do not warrant that the service will be uninterrupted, error-free, or that any listing, member, or swap will meet your expectations.
To the fullest extent permitted by law, Keyaway and its operators are not liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of the service. Our aggregate liability for direct damages is limited to the greater of $50 USD or the amounts you paid Keyaway in the twelve months preceding the claim.
Carve-outs. Nothing in these Terms limits liability for:
Several U.S. states (including New Jersey, New York, Massachusetts, Connecticut, Illinois, Washington, Oregon, and Montana) limit pre-injury waivers of liability for personal injury; these Terms do not attempt to limit liability where doing so is unenforceable.
You and Keyaway agree that any dispute arising out of or relating to these Terms or your use of Keyaway will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules.
Class-action waiver. YOU AND KEYAWAY EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. Disputes must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. This waiver is conspicuous, unambiguous, and acknowledged.
Carve-outs from arbitration. Notwithstanding the above, the following claims are NOT subject to arbitration and may be brought in court:
Failure to honor these carve-outs would void this entire arbitration clause; we honor them affirmatively.
Opt-out. You may opt out of arbitration within 30 days of first agreeing to these Terms by emailing hello@nyrai.ai with the subject line "Arbitration Opt-Out" and your registered email address.
These Terms are governed by the laws of the Commonwealth of Massachusetts, USA, without regard to conflict-of-laws principles. Any litigation that is not subject to arbitration under §9 (e.g., the carve-outs) shall be venued exclusively in the state or federal courts located in Suffolk County, Massachusetts, and you consent to the personal jurisdiction of those courts.
You agree to defend, indemnify, and hold harmless Keyaway, its operators, contractors, and affiliates from and against any third-party claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of or related to: (a) your use of Keyaway; (b) your User Content (listings, photos, messages, or any other material you submit); (c) your conduct during a swap, including any property damage, personal injury, or violation of law; (d) your breach of these Terms; or (e) your violation of any third party's rights, including any other member's rights. Keyaway reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which case you agree to cooperate fully.
Keyaway is an "interactive computer service" within the meaning of 47 U.S.C. § 230 (the federal Communications Decency Act). Listings, photos, swap-request messages, and other material posted by members are User Content authored by those members, not by Keyaway. Keyaway does not pre-screen User Content and is not the publisher or speaker of User Content under § 230. Keyaway may, but has no obligation to, remove or restrict access to any User Content that violates these Terms or that we believe could create liability or harm any user. Removal of content is not an admission of liability and does not waive Keyaway's protections under § 230.
Keyaway is not liable for any failure or delay in performance arising out of causes beyond our reasonable control, including but not limited to: acts of God, natural disasters (earthquake, fire, flood), pandemic or public-health emergency, war, terrorism, civil unrest, governmental action or order, embargo, strike, labor dispute, telecommunications or internet outage, third-party service provider failure (including Apple App Store, Apple Push Notification Service, Supabase, or other infrastructure providers), or any other event of force majeure. The same defense extends to members for the duration of any such event affecting their ability to host or travel.
Any claim or cause of action arising out of or related to your use of Keyaway must be filed within ONE (1) YEAR after the claim accrues, or it is permanently barred, regardless of any longer statute of limitations that might otherwise apply. This limitation does not apply where prohibited by law (for example, claims under the Ending Forced Arbitration Act of 2022 or where state law forbids contractual shortening of the statute of limitations).
Severability. If any provision of these Terms is held unenforceable in whole or in part, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect. The class-action waiver in §9 is an essential and severable element of these Terms; if it is found unenforceable in any jurisdiction, the affected dispute will be resolved in court rather than in arbitration, and the rest of these Terms remain in effect.
Survival. Sections 5 (Swap responsibilities), 7 (Disclaimer), 8 (Limitation of liability), 9 (Arbitration), 10 (Governing law), 11 (Indemnification), 14 (Time limitation), and 15 (this section) survive termination of your account or these Terms.
No agency, joint venture, employment, or partnership. Members are not employees, agents, contractors, partners, or joint venturers of Keyaway. No member has authority to bind Keyaway. Keyaway is not a real-estate broker, travel agent, hospitality operator, lodging facilitator, insurer, or party to any swap.
No warranty on member representations. Listings, member profiles, photos, and other User Content rely on the representations of the member who posted them. Keyaway disclaims any warranty, express or implied, regarding the accuracy, completeness, or quality of User Content, and any reliance on User Content is at the user's own risk.
Keyaway respects intellectual property rights. If you believe that User Content posted on Keyaway infringes your copyright, send a written notice to our designated agent under the Digital Millennium Copyright Act (17 U.S.C. § 512):
Repeat infringers' accounts will be terminated.
You may delete your account at any time from inside the app (Profile → Delete account). We may suspend or terminate accounts that violate these Terms, that fail to follow community standards, that we reasonably believe pose a risk to other members, or that infringe intellectual property repeatedly under §16. Sections marked as surviving in §15 continue to apply after termination.
We may update these Terms; if we do, we will revise the date at the top and post the new Terms at this URL. Material changes — including changes to §8 (Limitation of liability), §9 (Arbitration), §11 (Indemnification), §14 (Time limitation), or §15 (Severability) — will additionally be communicated by an in-app notice and will require your re-acceptance the next time you sign in. Continued use after a change constitutes acceptance.