Terms of Service

Welcome to Kept (“App,” “Service”), a mobile application operated by Draft One LLC (“Company,” “we,” “us,” or “our”). Kept helps friends be better friends by providing tools to manage contacts, plan events, send invitations, and create reminders. By accessing or using Kept, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the App.

1. Eligibility

You must be at least 13 years of age to use Kept. If you are between 13 and 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By using the App, you represent and warrant that you meet these eligibility requirements.

2. Account Registration and Security

To use Kept, you must create an account by providing a valid email address. Authentication is performed via a one-time password (OTP) sent to your email. You are responsible for maintaining access to the email address associated with your account and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized use of your account.

We do not collect or store passwords. Authentication is handled exclusively through email-based one-time passwords.

3. Description of Service

Kept provides the following features:

• Contact Management: Create and manage contacts with information such as names, email addresses, birthdays, and personal preferences (e.g., favorite treats, colors, flowers, love languages).
• Groups and Event Planning: Organize contacts into groups and plan events, including sending invitations and collecting RSVPs and date availability.
• Reminders and To-Dos: Create reminders and task lists related to your contacts and events.
• AI-Powered Suggestions: Kept may use artificial intelligence to suggest gift ideas and other personalized recommendations based on the contact information you have entered. This feature involves processing your contact data through third-party AI services. See our Privacy Policy for details on how this data is handled.
• Push Notifications: Receive timely reminders, event updates, and other communications via push notifications.

4. User Content and Data

You retain ownership of all content you enter into Kept, including contact information, event details, notes, and preferences (“User Content”). By using the App, you grant Draft One LLC a limited, non-exclusive license to process, store, and display your User Content solely for the purpose of providing and improving the Service.

You represent that you have the right to enter any information you provide about other individuals and that doing so does not violate their privacy or any applicable law. You are solely responsible for the accuracy and legality of the User Content you provide.

5. Acceptable Use

You agree not to:

• Use the App for any unlawful purpose or in violation of any applicable laws or regulations.
• Upload, transmit, or store any content that is defamatory, harassing, threatening, or otherwise objectionable.
• Attempt to gain unauthorized access to the App, its servers, or any related systems or networks.
• Interfere with or disrupt the integrity or performance of the App.
• Use the App to collect, store, or process information about individuals without their knowledge or consent where required by law.
• Reverse-engineer, decompile, or disassemble any portion of the App.
• Use automated systems (bots, scrapers, etc.) to access the App.

6. Subscriptions and Payments

Kept may offer both free and premium subscription tiers. If you purchase a subscription:

• Billing: Subscriptions are billed on a recurring basis (monthly or annually) at the rate displayed at the time of purchase. Payments may be processed through Apple's In-App Purchase system or through external payment methods as available.
• Auto-Renewal: Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period.
• Cancellation: You may cancel your subscription at any time through your device's subscription management settings or through the App. Cancellation takes effect at the end of the current billing period; no partial refunds are provided.
• Price Changes: We may change subscription pricing upon reasonable notice. Continued use after a price change constitutes acceptance of the new pricing.
• Refunds: Refund requests for purchases made through Apple's App Store are governed by Apple's refund policies. For purchases made through external payment methods, please contact us at the email address below.

7. Intellectual Property

The App, including its design, code, graphics, logos, and all related intellectual property, is owned by Draft One LLC and is protected by applicable copyright, trademark, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the App beyond the limited right to use it in accordance with these Terms.

8. Third-Party Services

Kept may integrate with or rely on third-party services to provide certain features, including but not limited to email delivery, cloud infrastructure, analytics, crash reporting, and AI-powered features. Your use of these third-party services is subject to their respective terms and privacy policies. Draft One LLC is not responsible for the practices or availability of third-party services.

9. Disclaimers

The App is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Draft One LLC does not warrant that the App will be uninterrupted, error-free, or free of harmful components.

AI-powered features, including gift suggestions, are provided for informational and entertainment purposes only. Draft One LLC does not guarantee the accuracy, suitability, or completeness of any AI-generated recommendations.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Draft One LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising out of or in connection with your use of the App, whether based on warranty, contract, tort, or any other legal theory.

In no event shall Draft One LLC's total liability to you for all claims arising from or related to the App exceed the amount you paid to us in the twelve (12) months preceding the claim, or fifty dollars ($50), whichever is greater.

11. Indemnification

You agree to indemnify, defend, and hold harmless Draft One LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or in any way connected with your use of the App, your violation of these Terms, or your violation of any rights of another person or entity.

12. Termination

We may suspend or terminate your access to the App at any time, with or without cause, and with or without notice. Upon termination, your right to use the App ceases immediately. Provisions that by their nature should survive termination (including but not limited to Sections 7, 9, 10, 11, and 14) shall survive.

You may delete your account at any time through the App. Upon account deletion, we will delete your User Content in accordance with our Privacy Policy.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you through the App or by email. Your continued use of the App after such changes constitutes acceptance of the revised Terms. If you do not agree with the revised Terms, you must stop using the App.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Utah, without regard to its conflict of laws principles. Any dispute arising from or relating to these Terms or the App shall be resolved exclusively in the state or federal courts located in Salt Lake County, Utah. You consent to the personal jurisdiction and venue of such courts.

15. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Draft One LLC regarding the App.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: The failure of Draft One LLC to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. Draft One LLC may assign these Terms without restriction.

16. Contact Us

If you have questions about these Terms, please contact us at:

Draft One LLC
Email: hello@joinkept.app