Terms of Service

1. Who these terms are between

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

Kept By
Jacksonville, FL
United States

By using our website at keptby.app, signing up for email updates, contacting support, or using the Kept By iOS app when it is available to you, you accept these terms. If you don't accept them, please don't use Kept By.

2. What Kept By is

Kept By operates the website at keptby.app, email updates, support email, associated social media channels, and the Kept By iOS app when it is available to you. These terms govern your use of them.

The iOS app helps you preserve meaningful paper memories — greeting cards, handwritten letters, postcards, invitations, drawings, recipe cards, notes, envelopes, and similar keepsakes — in a private local library on your device.

3. Eligibility

By using our service, you confirm that:

• You are at least 13 years of age.
• If you are under the age of majority where you live, you have permission from a parent or guardian.
• You are not barred from using our service under applicable law.

If we learn you are under 13 or that you've provided inaccurate information about your eligibility, we may suspend or terminate your access.

4. Using Kept By

When you use Kept By, you agree to:

• Use it for lawful purposes only.
• Not interfere with the app, website, security, or performance.
• Not attempt to gain unauthorized access to any part of Kept By or related systems.
• Not scrape, mirror, or redistribute our content commercially without written permission.
• Not impersonate anyone when contacting support or signing up for email updates.
• Not use automated tools (bots, scrapers) to interact with the website except for standard search engine indexing.
• Not use Kept By to store, create, or share content that is unlawful, abusive, exploitative, or violates another person's privacy, publicity, or intellectual property rights.

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

5. App Store terms

If you download or use the Kept By iOS app through the Apple App Store, your download and use of the app are also subject to Apple's applicable App Store, Apple Media Services, and device terms. These terms are between you and Kept By, not Apple. Apple is not responsible for providing support for Kept By, but Apple and its subsidiaries are third-party beneficiaries of these terms to the extent required by Apple's App Store rules.

6. Email updates and support

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, product news, and support-related notices. 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.

If you contact support or use Report a problem in the app, you choose what to send. Diagnostics are optional and are designed to leave out keepsake photos, card text, sender names, notes, collection names, addresses, and image filenames.

7. 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 keepsakes

When you use the iOS app, you may save photos of keepsakes, descriptions, dates, collection labels, and personal notes. A few core principles apply:

• You retain ownership of your keepsake content.
• The app stores and displays your library locally on your device.
• If you choose to share a keepsake, export it, or email support, you are choosing to send that content through the tool or service you selected.
• We do not train AI models on your content.
• We do not sell your content or share it with third parties for advertising.

8. 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.

9. 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 Kept By is limited to the greater of (a) $100 USD, or (b) the total amount you have paid us for Kept By in the 12 months before the claim arose. If you have not paid us anything, the $100 cap applies.

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

10. 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.

11. Termination

By you

You may stop using Kept By at any time. You may delete the app from your device, delete keepsakes in the app, and unsubscribe from our email list using the unsubscribe link in any email or by emailing [email protected].

By us

We may terminate or suspend your access to our website, email list, or support channels 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.

12. 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.

13. Dispute resolution

First — try to work it out

If you have a concern or dispute about our service, please email [email protected] 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. Contact

Questions about these terms:

• Email: [email protected]
• Privacy requests: [email protected]

Post:
Kept By
Jacksonville, FL
United States

We reply within 5 business days on most days.