Overview

Please read these Terms of Service ("Terms of Use", "Terms", "Terms and Conditions") carefully before using the Platform Services operated by Keep·em ("us", "we", or "our"). The " Platform Services " (the "Service") shall mean the app and programming interfaces under 'Keep·em'. A " Subscription(s) " " shall mean a specified pricing plan and term length with associated features, functionality and/or capabilities for the Application Services purchased by Customer.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Terms of Service

Keep·em (Keepem.app) utilizes state-of-the-art security and end-to-end encryption to provide a Platform to Keep your digital Emotional Assets private and safe, which may be transferred to your closer contacts as part of your Digital Legacy , and other services to users worldwide. You agree to our Terms of Service by installing or using our platform, apps, services, or website (together, “Services”).

About our Services

• Mimimum Age You must be at least 13 years old to use our Services. The minimum age to use our Services without parental approval may be higher in your home country.
• Account Registration To create an account you must register for our Services using your email. You agree to receive email messages (from us or our third-party providers) with verification codes to register for our Services.
• Privacy of user data Keep·em does not sell, rent or monetize your personal data or content in any way ever.
read our Privacy Policy to understand how we safeguard the information you provide when using our Services. the purpose of operating our Services, you agree to our data practices as described in our Privacy Policy, as well as the transfer of your encrypted information and metadata to the Spain, Germany and other countries where we have or use facilities, service providers or partners. would be Third Party Providers sending you a verification code and processing your support tickets.
• Software In order to enable new features and enhanced functionality, you consent to downloading and installing updates to our Services.
• Fees and Taxes You are responsible for data and mobile carrier fees and taxes associated with the devices on which you use our Services.

Using Keep·em

• Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.
• Legal and Acceptable Use. You agree to use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate or infringe the rights of Keep·em, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) involve storing, sending or sharing illegal or impermissible files due to your country and international laws.
• Harm to Keep·em. You must not (or assist others to) access, use, modify, distribute, transfer, or exploit our Services in unauthorized manners, or in ways that harm Keep·em, our Services, or systems. For example you must not (a) gain or try to gain unauthorized access to our Services or systems; (b) disrupt the integrity or performance of our Services; (c) create accounts for our Services through unauthorized or automated means; (d) collect information about our users in any unauthorized manner; or (e) sell, rent, or charge for our Services.
• Keeping Your Account Secure. Keep·em embraces privacy by design and does not have the ability to access your stored Emotional Assets . You are responsible for keeping your device and your Keep·em account safe and secure.
• Third-party services. Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. When you use third-party services, their terms and privacy policies govern your use of those services.
Service may contain links to third party web sites or services that are not owned or controlled by Keep·em. we try to use 3rd party services that respect your personal data, we have no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. acknowledge and agree that Keep·em shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Your Rights and License with Keep·em

• Your Rights. You own the information you submit through our Services. You must have the rights to the phone number or mobile device you use to sign up for your Keep·em account.
• Keep·em's Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services.
may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our written permission. report copyright, trademark, or other intellectual property infringement, please contact copyright@keepem.app
• Keep·em's License to You. Keep·em grants you a limited, revocable, non-exclusive, and non-transferable license to use our Services in accordance with these Terms.

Subscriptions

The usage of the app or some of its features may be billed on a subscription basis. You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly, yearly, or half-yearly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it. You may cancel your Subscription renewal at any time either through the Keep·em app, your App Store or Play Store.

A valid payment method (paypal, applePay, GooglePay, credit card, etc.) is required to process the payment for your Subscription.

We may terminate accounts which are being used for illegal activities, particularly in response to court orders from the competent authorities informing us of such illegal activity.

Keep·em has no obligation to store or forward the contents of terminated accounts. We also have no obligation to store messages or contents for accounts that exceed their storage quotas.

Free Accounts

Keep·em may offer free accounts to its users. Those come with limited storage and capabilities.

Having more than one free keep·em account is considered a breach of our services and can result in a deletion of such accounts.

We may offer temporal Premium Features for a limited period of time ("Free Trial") or remove some features/capabilities limitations, which can only be availed once.

You may be required to enter your billing information in order to obtain those Premium Features. And, after your approval, your account may be upgraded to a subscription.

We may terminate accounts which are being used for illegal activities, particularly in response to court orders from the competent authorities informing us of such illegal activity.

Keep·em has no obligation to store or forward the contents of terminated accounts. We also have no obligation to store messages or contents for accounts that exceed their storage quotas.

We reserve the right to change our policies respective to free accounts including, but not limited to, the removal of this free service.

Refunds

Keep·em does not handle refunds for subscriptions as it is entirely dependent on Apple's App Store and Google's Play Store policy.

Intelectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Keep·em and its licensors. Keep·em brand is protected by EUIPO (European Union Intelectual Property Office). Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Keep·em.

The Service is protected by copyright, trademark, and other laws of both Spain, Europe and foreign countries.

Copyright Infringement

We do not allow any content that infringes copyright. The use of copyrighted content belonging to others without proper authorization or legally valid reason may lead to a violation of Keep·em's policies.

At the same time, not all uses of copyrighted content constitute an infringement. In many countries, exceptions to copyright infringement allow the use of these works under certain circumstances without authorization. These include the fair use doctrine in the United States, and permitted acts of fair dealing in the European Union (and other equivalent exceptions under applicable local laws in other countries).

If you believe your content is being infringed upon, please submit a claim to copyright@keepem.app

Indemnification

You agree to defend, indemnify and hold harmless Keep·em and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of

• your use and access of the Service, by you or any person using your account and password, or
• a breach of these Terms.

Keep·em shall hold Customer harmless from liability to third parties resulting from infringement by the Service of any European patent or any copyright or misappropriation of any trade secret, provided Keep·em is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement. Keep·em will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not apply with respect to portions or components of the Service

• not supplied by Keep·em,
• made in whole or in part in accordance with Customer specifications,
• that are modified after delivery,
• combined with other products, processes or materials where the alleged infringement relates to such combination,
• where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or
• where Customer's use of the Service is not strictly in accordance with this Agreement.

if, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by Keep·em to be infringing, Keep·em may, at its option and expense

• replace or modify the Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality,
• obtain for Customer a license to continue using the Service, or
• if neither of the foregoing is commercially practicable, terminate this Agreement and Customer's rights hereunder.

Limitation of Liability

In no event shall Keep·em nor its partners, directors, employees, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from

• your access to or use of or inability to access or use the Service;
• any conduct or content of any third party on the Service;
• any content obtained from the Service; and
• unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. KEEP·EM DOES NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, “KEEP·EM PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.

Availability of Our Services

Our Services may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Resolving Disputes

You agree to resolve any Claim you have with us relating to or arising out of our Terms, us, or our Services exclusively in the Barcelona, Spain, Court. You also agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such disputes unless the applicable law in your country specifies otherwise, for example, European Citizens. The laws of the Spain and European Union govern our Terms, as well as any disputes, whether in court or arbitration, which might arise between Keep·em and you, without regard to conflict of law provisions. These Terms shall be governed and construed in accordance with the laws of Barcelona, Spain, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Ending these Terms

You may end these Terms with Keep·em at any time by deleting your account in the App, removing the Keep·em App from your devices and discontinuing use of our Services. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for Keep·em or its users. The following provisions will survive termination of your relationship with Keep·em: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Resolving dispute,” “Availability” and “Ending these Terms,” and "Modification of these Terms".

Modifications to these Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will notify users of significative changes via public announcements and email. The continued use of the services will be deemed as acceptance of such changes.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

If you have specific questions about these Terms, please contact us at info@keepem.app