Terms of Service

1. Who these terms are between

These terms are an agreement between you and Kept By ("we," "us," "our"), operating at:

Kept By
7385 Park Village Dr.
Jacksonville, FL 32256
United States

By using our website at keptby.app or (when launched) our iOS application, you accept these terms. If you don't accept them, please don't use our service.

2. What Kept By is

Current state (website only): Kept By operates the website at keptby.app, an email waiting list, and associated social media channels. These terms govern your use of them.

Future (iOS app, not yet launched): Kept By will launch an iOS application for preserving meaningful paper memories — greeting cards, handwritten letters, postcards, invitations, and personal notes. When the app launches, these terms will be updated to cover app use, and additional app-specific terms may apply.

3. Eligibility

By using our service, you confirm that:

• You are at least 18 years of age.
• You have the legal capacity to enter into this agreement.
• You are not barred from using our service under applicable law.

If we learn you are under 18 or that you've provided inaccurate information about your eligibility, we may suspend or terminate your access.

4. Using our website

When you use our website, you agree to:

• Use it for lawful purposes only.
• Not interfere with the site's operation, security, or performance.
• Not attempt to gain unauthorized access to any part of the site or related systems.
• Not scrape, mirror, or redistribute our content commercially without written permission.
• Not impersonate anyone when signing up for our email list.
• Not use automated tools (bots, scrapers) to interact with the site except for standard search engine indexing.

We reserve the right to remove your access if you violate these.

5. Our email list

When you sign up for our email list, you give us permission to send you the emails described at signup — occasional updates about Kept By and notice when the app launches. You can unsubscribe anytime by clicking the unsubscribe link in any email, or by replying "stop" to any email. See our Privacy Policy for details on how we handle your email.

6. Intellectual property

Our stuff

The Kept By name, the Kept By icon, the wordmark, the written content on our website, our email copy, and any graphics or designs we produce are owned by us or our licensors. They're protected by copyright, trademark, and related intellectual property laws.

You may:

• View, share, and link to our public website content for personal, non-commercial purposes.
• Reference our brand name in editorial contexts (news, reviews, commentary) consistent with fair use.

You may not:

• Republish, copy, or redistribute our content for commercial purposes.
• Use our brand name, icon, or wordmark in a way that implies endorsement or partnership when there isn't one.
• Create derivative works that could be confused with Kept By's own material.

Your stuff — when the app launches

When the iOS app launches, users will upload content — photos of keepsakes, descriptions, organizational notes. A few core principles that will apply:

• You retain ownership of everything you upload.
• We'll have a narrow license to store and display your content back to you — we can't operate the service without it.
• That license ends when you delete content or close your account.
• We do not train AI models on your content.
• We do not share your content with third parties except as required by law or to operate the service.

Full app-specific terms will be added when the app ships.

7. Disclaimer — service provided "as-is"

To the fullest extent allowed by applicable law:

Our website and service are provided on an "as-is" and "as-available" basis. We make no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or that our service will be error-free or continuously available.

We do not guarantee that:

• The website is free of bugs, viruses, or other harmful components.
• Information on the website is accurate, complete, or current.
• Email delivery will always be reliable or timely.
• Third-party services we rely on (hosting, email sending) will always work.

Some jurisdictions do not allow disclaimer of implied warranties. In those jurisdictions, our warranties are limited to the minimum required by applicable law.

8. Limitation of liability

To the fullest extent allowed by applicable law:

We will not be liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of our website or service — including lost data, lost profits, lost opportunities, or emotional distress — even if we've been advised of the possibility of such damages.

Our total cumulative liability to you for any claim related to your use of our website is limited to the greater of (a) $100 USD, or (b) the total amount you have paid us for the service in the 12 months before the claim arose. For the website in its current form, you have paid us nothing, so the $100 cap applies.

When the iOS app launches and has paid features, liability caps specific to paid users will be added.

Some jurisdictions do not allow limitation of certain damages. In those jurisdictions, our liability is limited to the minimum extent permitted by applicable law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Kept By, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your violation of these terms.
• Your misuse of our website or service.
• Your violation of any third party's rights (privacy, publicity, or intellectual property rights).
• Any false or misleading information you provide to us.

We reserve the right to assume exclusive defense and control of any matter for which you are required to indemnify us, in which case you agree to cooperate with our defense.

10. Termination

By you

You may stop using our website at any time. You may unsubscribe from our email list at any time using the unsubscribe link in any email or by emailing privacy@keptby.app.

By us

We may terminate or suspend your access to our website or email list at any time, with or without notice, if:

• You violate these terms.
• We reasonably believe your use poses a risk to us, other users, or third parties.
• We are required to do so by law.

On termination, your rights under these terms end. Provisions that by their nature should survive termination — intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.

11. Changes to these terms

We may update these terms from time to time. For material changes:

• The "Effective Date" at the top will change.
• If you're on our email list, we'll notify you by email when feasible.
• We'll give you reasonable notice (typically at least 30 days) before new terms take effect.

Continued use of our service after the new effective date means you accept the updated terms.

12. Dispute resolution

First — try to work it out

If you have a concern or dispute about our service, please email privacy@keptby.app first. We try to resolve concerns informally within a reasonable time (typically 30 days).

Formal disputes

• Governing law: these terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-laws principles.
• Venue: any legal action must be brought in the state or federal courts located in Duval County, Florida, and both parties consent to personal jurisdiction there.
• Small claims exception: either party may still bring a claim in small claims court if it qualifies.

13. Severability

If any provision of these terms is found unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14. No waiver

Our failure to enforce any right or provision of these terms is not a waiver of that right or provision. A waiver is only effective if in writing and signed by us.

15. Entire agreement

These terms, together with our Privacy Policy and any other legal notices we post on our website, constitute the entire agreement between you and Kept By regarding your use of our service. They supersede any prior agreements.

16. Assignment

You may not assign or transfer these terms without our prior written consent. We may assign these terms at any time without notice. Any attempted assignment by you in violation of this provision is void.

17. Contact

Questions about these terms:

• Email: privacy@keptby.app

Post:
Kept By
7385 Park Village Dr.
Jacksonville, FL 32256
United States

We reply within 5 business days on most days.