Terms of Service

These Terms of Service apply to the Kept website at https://keptaudio.com, Kept’s apps, and related features (together, the “Service”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not create an account or use the Service.

The contracting party and operator is Kept Audio LLC (“Kept,” “we,” “us,” or “our”). Kept’s legal/contact email is info@keptaudio.com. Kept’s legal-notice postal address is Address TBD. The postal address is unresolved and must be replaced with a valid address before launch; no home address is implied.

This is a legal draft for owner and attorney review. It is not legal advice, is not attorney-approved, and is not production-ready. The final effective date remains [FINAL EFFECTIVE DATE — OWNER AND COUNSEL TO APPROVE].

Kept is a personal audio and conversation-memory service. Depending on the feature, source, and plan available to you, you can record or upload audio and import conversations or related data through supported integrations and import features; organize conversations; and use transcription, summaries, notes, tags, speaker or topic information, search, Ask Kept, AI-generated intelligence, structured facts, timelines, change tracking, and exports.

Kept can preserve and display original recordings or other source material when that material is provided to Kept and supported by the feature. Some imports provide transcripts or metadata without original audio. The source material, features, limits, and availability therefore vary by source, integration, platform, and plan. Kept currently offers Free, Kept Pro, and Kept Platinum; current prices, billing periods, allowances, and feature availability are shown in the Service or at checkout.

Use accurate account information, keep access to your sign-in methods under your control, and take responsibility for activity through your account. Tell Kept through the confirmed notice contact if you believe your account is being used without permission.

If you use Kept for an organization or another person, you confirm that you have authority to accept these Terms for them. These Terms do not create an employment, agency, or partnership relationship.

“Your Content” means audio, recordings, transcripts, notes, prompts, labels, files, imported conversation data, related source information, and other material you or someone acting for you submits to the Service, together with output generated for your account. You keep whatever rights you have in Your Content. These Terms do not transfer ownership of it to Kept.

You grant Kept Audio LLC a limited, non-exclusive license to host, store, copy, transmit, secure, maintain, improve, and provide the Service; to transcribe, organize, analyze, and display Your Content and related results for the features you use; to use service providers as reasonably necessary for those purposes; and to comply with law. The license is limited to what is necessary for those purposes, does not transfer ownership, and does not authorize unrelated use or sale of Your Content. It continues only as long as reasonably necessary for those purposes or as required by law.

Some features may involve technology providers. Review Kept’s Privacy & Security information for current disclosures. These Terms do not make separate promises about a provider’s processing, retention, or model-training practices.

You are solely responsible for determining whether you may lawfully record, upload, transcribe, process, store, analyze, share, or export any audio or other content, and for providing every notice and obtaining every permission, authorization, and consent required in your circumstances by applicable law or agreement. Laws and requirements vary by location and situation.

Kept does not independently determine whether a recording was made with the knowledge or consent required by law. You must comply with applicable workplace, professional, contractual, communications-privacy, and other rules before using the Service with another person’s content.

You represent and warrant that you own or have all rights, licenses, permissions, authority, and lawful basis needed to submit Your Content and to allow Kept and its service providers to use it as described in these Terms. This includes the right to upload, possess, store, transcribe, process, analyze, share, and export the content for your intended use.

You are responsible for obtaining rights and consents relating to the privacy, publicity, confidentiality, proprietary-information, trade-secret, employment, contractual, and similar rights or restrictions of other people or organizations. You must not submit recordings or files obtained unlawfully, or content you have no right to possess or use.

You must not upload or use material that is infringing, pirated, stolen, misappropriated, or otherwise unauthorized, including copyrighted or proprietary material you do not have permission to use. Kept does not endorse user uploads and, to the maximum extent permitted by law, is not responsible for infringement in content submitted by users. This does not waive any responsibility or right that applicable law does not allow to be waived.

Kept may maintain and act on sufficiently supported copyright and other rights complaints as described in the separate Copyright & DMCA Policy at https://keptaudio.com/copyright-dmca. That policy is a draft; this reference does not represent that Kept has designated or registered a DMCA agent or qualifies for a statutory safe harbor.

Use the Service lawfully and in a way that respects other people’s rights. You must not:

• break the law, violate another person’s privacy or intellectual-property rights, or record or upload content without the rights, authority, notices, or consent required for your use;
• use the Service to threaten, harass, deceive, stalk, or harm another person;
• submit content that is unlawful, infringing, pirated, stolen, misappropriated, or that you have no right to possess or use;
• try to bypass account controls, plan limits, or security measures, or disrupt, overload, or probe the Service without permission; or
• reverse engineer or misuse the Service except where applicable law gives you a right that cannot be limited.

Kept may remove, disable, quarantine, or restrict access to content or accounts when reasonably appropriate to address a sufficiently supported allegation of unlawful or infringing content, a rights complaint, a Terms violation, abuse, a security or other high-risk use, or a legal requirement. Kept may cooperate with valid legal process.

Kept does not undertake a general obligation to proactively monitor all user content. Kept will maintain a reporting and takedown process and act on sufficiently supported notices as appropriate and as required by law. Kept may suspend or terminate accounts of repeat infringers or users who repeatedly violate others’ rights in appropriate circumstances.

The separate Copyright & DMCA Policy describes a proposed notice and counter-notice process. It must be completed and reviewed before launch; nothing here claims that a DMCA agent is registered or that a safe harbor is available.

Transcripts, summaries, notes, tags, speaker or topic information, search results, Ask Kept responses, structured facts, timelines, change records, and other automated results can be incomplete, mistaken, delayed, or misleading. A system may mishear words, attribute a statement to the wrong person, or miss context. Where Kept provides source evidence or citations, use them to check the underlying material. Review the transcript or other available source, and the original recording when one is available, whenever accuracy matters. Some imported sources do not include original audio.

Automated results are informational aids, not professional advice or a substitute for your judgment. Kept does not guarantee that generated or transcribed content is accurate or complete. Do not rely on automated results as the sole basis for medical, legal, financial, employment, safety, or other high-impact decisions.

Kept currently offers Free, Kept Pro, and Kept Platinum. Prices, billing periods, plan allowances, and feature availability can differ by plan and are shown in Kept’s pricing and billing settings or at checkout. A paid subscription renews for the billing period shown until it is canceled.

You can manage or cancel a paid Kept subscription through the billing controls in Settings and the hosted billing portal. When a cancellation is scheduled for the end of the current billing period, Kept displays the date through which access continues. Cancellation stops future renewals; it does not itself delete Your Content. Refunds, taxes, and mandatory consumer rights remain subject to the terms shown at checkout and applicable law.

Kept may change plan features or prices for future purchases or renewal periods. Where notice or consent is required by law, that requirement still applies.

Features may change, be limited, or become unavailable. The operator may suspend or restrict an account when reasonably needed to address a serious Terms violation, unlawful activity, nonpayment, a security or service risk, or a legal requirement. Where practical and lawful, the operator will provide notice and a chance to address the issue.

Kept may also suspend, restrict, or terminate access for unlawful, infringing, abusive, or other high-risk use, including repeated infringement or lack of rights to content submitted through the Service.

You can stop using Kept and cancel a paid subscription at any time. Signing out, cancelling a subscription, or archiving a recording is not itself a request to delete stored content. Available archive, export, and deletion controls and known limitations are described in the current Privacy & Security information. This draft does not promise a particular retention or deletion period.

The Privacy & Security page describes the product controls and limitations Kept currently discloses. It is separate from these Terms. These Terms do not add promises about encryption, certifications, staff access, backups, data location, provider practices, or security measures that have not been verified and disclosed.

To the extent the law allows, the Service is provided “as is” and “as available.” The operator does not promise that the Service will be uninterrupted, error-free, available forever, or that a transcript or generated result will be accurate or complete. Some laws do not allow particular disclaimers, so those limits apply only as far as the law permits.

To the maximum extent permitted by applicable law, the aggregate monetary liability of Kept Audio LLC and its owners, managers, officers, employees, contractors, affiliates, licensors, and service providers to you for all claims arising out of or relating to the Service or these Terms, under any legal theory, will not exceed the subscription fees you actually paid to Kept for the one-month period immediately preceding the event giving rise to the claim.

If you paid no subscription fees during that one-month period, the fallback is [MINIMAL LAWFUL FALLBACK — AMOUNT OR MECHANISM MUST BE APPROVED BY COUNSEL BEFORE PUBLICATION]. This draft does not select a fallback amount. The fallback and the cap must be reviewed by counsel before launch.

To the maximum extent permitted by applicable law, Kept Audio LLC will not be liable for indirect, incidental, special, consequential, exemplary, punitive, lost-profit, lost-data, business-interruption, or similar damages, even if advised that they were possible.

These limits apply only to the maximum extent permitted by law. They do not exclude or limit liability, rights, or remedies that applicable law makes non-waivable, including consumer rights that cannot lawfully be waived. Counsel must confirm all required exceptions and carveouts before publication.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Kept Audio LLC and its owners, managers, officers, employees, contractors, affiliates, licensors, and service providers from and against third-party claims, liabilities, damages, losses, judgments, settlements, penalties, costs, and reasonable attorneys’ fees arising from or relating to: Your Content or recordings; unlawful recording or lack of notice, permission, or consent; infringement or misappropriation; violation of privacy, publicity, confidentiality, trade-secret, employment, contractual, or other third-party rights; your misuse of the Service; your breach of these Terms; or your violation of law.

Kept will give you reasonably prompt notice of a covered claim, allow you to control the defense and settlement subject to reasonable safeguards, and may participate with its own counsel. A settlement may not impose an admission, payment, or continuing obligation on a covered Kept party without that party’s consent. This obligation applies only to the extent permitted by law and is subject to consumer-law and other non-waivable protections. Counsel must review the scope and procedure before launch.

Subject to applicable law and the rights described below, you and Kept Audio LLC agree to resolve disputes arising out of or relating to the Service or these Terms through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitrator may award individual relief available under applicable law.

The AAA Consumer Arbitration Rules govern consumer fee allocation. Kept Audio LLC will pay or advance fees when those rules or applicable law require it; nothing requires you to pay a fee that applicable law or those rules prohibit.

Before starting arbitration, the person bringing the dispute must send a written notice describing the dispute and requested resolution to info@keptaudio.com and allow 30 days for an informal resolution effort, unless applicable law requires a different process or permits earlier action. Any limitation period is subject to applicable law.

Arbitration will ordinarily be conducted remotely by video or telephone where appropriate and permitted by the AAA rules and applicable law. If an in-person hearing is required or appropriate, its location must comply with applicable consumer law and the AAA Consumer Arbitration Rules.

You and Kept Audio LLC agree, to the maximum extent permitted by law, to bring claims only in each party’s individual capacity and not as a plaintiff or class member in a class, collective, consolidated, representative, or class-arbitration proceeding. The arbitrator may not combine claims or preside over a representative or class proceeding where this waiver is enforceable. Any portion of this waiver that applicable law makes unenforceable does not waive rights that cannot lawfully be waived.

Either party may bring an eligible individual claim in small-claims court instead of arbitration, if the claim remains in that court and proceeds individually. Nothing in this section requires arbitration or waives a remedy where applicable law prohibits that result.

You may opt out of this arbitration agreement within 30 days after first accepting this version of the Terms by emailing info@keptaudio.com with the subject “Arbitration Opt-Out,” your name, the email associated with your Kept account, and a clear statement that you opt out. Opting out will not affect the rest of these Terms. Counsel must confirm the notice, opt-out period, and all required consumer rights before publication.

The owner selected Delaware law provisionally. Subject to applicable law and non-waivable consumer protections, the laws of the State of Delaware govern these Terms, without regard to conflict-of-law rules. This provision does not state that Kept Audio LLC is formed, organized, or located in Delaware. The final choice and its alignment with the operator’s entity state must be confirmed before launch.

Kept may update these Terms as the Service changes or for legal or operational reasons. The posted final version must identify its effective date and version. For material changes, Kept will provide notice or request renewed agreement when required by law. Signup and re-acceptance flows must record the version the user accepts. The effective date remains [FINAL EFFECTIVE DATE — OWNER AND COUNSEL TO APPROVE].

If you do not agree to an updated version, stop using the Service and cancel any subscription through its purchase channel, subject to applicable law.

Kept Audio LLC’s legal/contact email is info@keptaudio.com. The legal-notice postal address is Address TBD and remains a launch blocker. Replace it with a valid address before publication; do not infer or substitute an owner’s home address. Counsel must confirm permitted notice methods and the final contact language.