Terms of Use of Keeper, LLC

Welcome!

Thank you for visiting Keeper, LLC (“Keeper” or “Us” or “We”) online and using the “Keeper” mobile application (the “App”), as well as for reviewing these Terms of Use.  We want every user of our unique App to enjoy their visit and utilization of our App.  In order to accomplish this mutual enjoyment, we’ve set in place the following Terms of Use that we expect all our users and visitors to abide by.  

General Acceptance

While you are a visitor of, or are otherwise utilizing, our App, you acknowledge, accept, and agree to abide by the Terms of Use stated herein.  These Terms of Use constitute a valid, binding contract between you and Keeper, and also sets out your rights and responsibilities while utilizing our App.  As such, we ask that you please read these Terms of Use very carefully.  Remember, by utilizing our website, even as a visitor who has not consummated any functions through using our App, you agree to our Terms of Use, so if you do not agree with our Terms of Use, then you may not utilize our App.  

Specific Practice Policies

In order to better serve our users and ensure that we are always optimizing the benefits and enjoyment provided through our website and/or App, we have established certain specific policies regarding same, indicated below.

Overview.  Our goals and objectives include providing our users with a meaningful opportunity to successfully maintain and enhance their various personal relationships.  If you have ever had a serious friendship, romance, or other personal relationship, then you have probably realized that it takes both time and effort to make those relationships work.  Even if you haven’t experienced it yourself, you’ve also likely heard proverbial tales of missed anniversaries, forgotten valentines, or a vacuum cleaner being considered the perfect gift for that special someone.  We want to help you avoid those awkward, and potentially devastating, situations.  This is the entire mantra of Keeper, generally.  

However, we’re aware that not everything, or everyone, can be perfect all the time, and that’s where Keeper enters the game.  As with any worthwhile endeavor, and because “the devil is in the details” in successfully maintaining any meaningful relationship, we have created our website and App to help you keep track of the most important aspects of your relationships, whether that be special dates, unique gift ideas, or just general relationship advice.  

To accomplish these goals and objectives, Keeper has created a focused informational repository where our users can input the important details relevant to their relationship partners and receive reminders and suggestions designed to ensure our users never miss another special date (e.g., your anniversary!) or waste time or money on another impersonal gift (e.g., the dreaded gift of socks or gift cards for Christmas!) ever again.  As you may imagine, this was no small task, yet we accepted the challenge of helping our users maintain and enhance their important relationship in meaningful ways with diligence and excitement.  Our services are geared towards potentially romantic and/or intimate relationships among consenting adults.  As such, each user of our website and/or App must be at least eighteen (18) years age and be legally permitted to use the App by the laws of your their state or country.

Your Profile.  Remember to share who you are but watch what you post!  We want you to find the best way to use Keeper that successfully works for you, but in that endeavor it is important that you post content that is appropriate.  You are responsible and liable for your content, and your use of the Keeper website and/or App constitutes your express agreement to indemnify, defend, release, and hold Us harmless from any claims made in connection with any content you publish, disclose, share, or otherwise make available through your use of the Keeper website and/or App.  You may not display any personal contact or banking information on your individual profile page, whether in relation to yourself or any other person (for example, names, home addresses or postcodes, telephone numbers, e-mail addresses, URLs, credit/debit card- or other banking details).  If you do choose to reveal any personal information about yourself to other users, whether via e-mail or otherwise, it is completely at your own risk.  We encourage you to use the same caution in disclosing details about yourself to third-parties online as you would under any other circumstances.  By uploading any content on the Keeper website and/or App, you represent and warrant to us that you have all necessary rights and licenses to do so, in the event of third-party information, and automatically grant Us a non-exclusive, royalty-free, perpetual, worldwide license to use all such content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing, and otherwise making available to the general public such content, whether in whole or in part and in any format or medium currently known or developed in the future).

Profile of Others.  Other Keeper users may, and likely will, also share content via the App, and this content shall be considered as belonging to the user who posted said content, and is stored on our servers and displayed via the App at the direction of the user.

You do not have any rights in relation to other users’ content, and you may only use such other users’ content, or personal information, to the extent that your use of such content aligns with our purpose of allowing people to interact with one another.  You may not use other users’ information for commercial purposes, to spam, to harass, stalk, or to make unlawful threats.  We reserve the right to terminate your Keeper Account if you misuse other users’ content or information.

Safety and Conveyance of Personal Data.  While we want to assist the growth and stability of your relationships, we obviously are not a party to your relationships, and we understand that there may be situations where your relationship partners either do not desire or appreciate any affection, gifts, etc. that you may arrange through use of our website or App, and further acknowledge that our App could potentially be used to facilitate such unwanted contact.  It is important to note that Keeper does not perform criminal background checks on its users and cannot make any representation or warranty as to the actions of any user.  However, the use and utilization of our website and/or App constitutes each user’s agreement to allow Keeper to conduct such criminal background checks at any time.  On account of these concerns, your use of the Keeper website and/or App constitutes your complete acceptance, and provides Keeper the right, to transmit your personal data to any local governmental authority or policing agency in order to assist you with any problem that you may have, as well as your release of Keeper of any responsibility, warranty, obligation, or liability related to or arising from Keeper’s transmission of your personal information to such governmental authorities and/or policing agencies.  

Reservations, Payments, and Refunds.  If all goes according to proverbial plan, your use and utilization of our website and/or App will swiftly result in your relationship partner marveling at the special focus and attention you apply to maintaining your relationship.  While the standard services provided through our website and App include our users’ ability to receive and send electronic reminders and push notifications and AI-generated text messages, gifs, and photos, we also work with certain third-parties to make available to our users, through our premium services, gift cards, personalized notes and messages, customized letters, and more, which we offer for sale through our website and App.  We are happy to assist in resolving any complaints a user may have with any physical item delivered through use of the services provided through our website and App, and refunds for same may be available for mistakes made in such delivery, or mistakes made in the identifying information included with same, that are the result of Keeper’s inaction or error.  However, Keeper cannot, and shall not, be liable for any refunds related to such mistakes when the cause of same consists of our users not ordering such items or services in a timely fashion (specifically defined as 7 days) or provided incorrect information to be delivered with same.  Accordingly, refunds must be considered on a case-by-case basis, so please contact us as soon as you are aware of any mistake, delay, or other problem with any product or item of service provided through our website or App.  These Terms evidence our lack of mandatory responsibility to do facilitate a refund of any product or service, but we can ensure you that in every such instance we will strive to correct any such situation and maintain your satisfaction with our website and App.  These Terms further constitutes your complete release of Keeper from any responsibility, warranty, obligation, or liability arising from or related to any product or item of service developed and made available by any third-party.

Notifications.  After downloading the App, you will be asked to accept or deny push notifications/alerts.  If you deny them, then you will not receive any push notifications/alerts.  If you accept, then push notifications/alerts will be automatically sent to you.  If you ever change your mind, you can change your preference in the notification setting on your mobile device.  With respect to other types of messaging or communications, such as e-mails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by e-mailing Us with your request at support@mykeeper.io.

Use of Location.  Nearby opportunities can be a delight to discover.  Based on your location, the App may allow access to or make available opportunities for you to view certain content and receive other products, services, and/or other materials. To make these opportunities available to you, the App will determine your location provided by your mobile device.  If you have set your mobile device to disable GPS, Bluetooth, or other location-determining software, or do not authorize the App to access your location data, you will not be able to access such location-specific content, products, services, and materials. 

Product Data

As discussed herein, our App collects and processes important data necessary for the operation and use of our App.  While we may make this data available to you as a user of our App at your request, and while you are free to retain a copy of this data, this data is the sole and specific property of Keeper.  This means that while you are able to retain and use the data generated through use of our App for your own personal purposes, you are expressly prohibited from attempting to commercialize this data or use this data in any manner that generates profit.  The data generated through use of our App is the foundation of our objectives and core business, and Keeper alone has the sole and absolute right to commercialize this data or utilize this data for any purpose related to generating profit, including the sole and absolute right to sell this data.

By using our App and/or our Keeper website online, you unequivocally acknowledge, understand, and agree that the data generated through such usage is the sole property of Keeper, that you shall not make any attempt to commercialize or utilize this data for profit, and that only Keeper has the right to commercialize and utilize the data for profit.

Remember, we certainly do not mind that you retain a copy of the data generated by your use of our App.  In fact, we encourage you to review and maintain such data if it helps you further utilize our App to its fullest potential.  However, please understand that any attempt by you to commercialize or generate profit using this data is unlawful, and, as such, any profits generated by any such unlawful attempts shall also automatically be the sole property of Keeper.

Data Governance

The utilization of our App inherently involves the inclusion of personal information provided by you that may relate to your personal contact and/or identifying information, as well as your personal financial accounts.  The transmission of this information is required and inherent in the utilization of our App, as you must provide this information in order to personalize the important aspects of yourself, your relationships, and your relationship partners.  If any purchases are made through our App, such information is may be further transmitted to any third-party payor processor we utilize in conducting and operating our website and/or App.

Please note, however, that it is your sole and exclusive responsible to ensure the privacy and confidentiality of any financial and/or personal identifying information that you submit through our App, including any login and password that you create through utilization of our App.  In the event that you discover any such login, password, and/or information has been comprised or is being used by a party that does not have your permission to do so, then you must immediately contact Keeper so that we may freeze your Keeper Account and prevent any further unauthorized transactions from being consummated.  To be clear, you shall remain liable for any activity consummated through utilization of our App that uses your login, password, and/or information for same.  Keeper cannot and does not excuse any liability or responsibility which you may have regarding such unauthorized use through utilization of our App.  Further, Keeper is not a party to the interactions that occur between you and any other user of our App, including any third-party payor processors managing purchases made through our App, or any third-party locations where such interactions may occur, that arise through using your information to consummate such interactions through utilization of our App.

You are solely and exclusively responsible for all information that you submit within the App and explicitly understand that such submission of information may not always be withdrawn once submitted.  You further expressly acknowledge, assume, agree, and accept all risk associated with the submission of your information within our App and the transmission of your information to any other user of our App, any local governmental authority or policing agency, any third-party payor processor, or any third-party location where you participate in interactions through use of our App.  You also warrant and represent that any information submitted by you through the use of our App is solely and exclusively owned by you or that you have the express permission to submit said information.  In the event you submit any information during the utilization of our App that is false or defamatory, not owned by you, to which you do not have permission of use, or violates any right, title, or interest of any third-party, you explicitly acknowledge, understand, and agree that you are potentially exposing yourself to legal liability and that Keeper is not in any way responsible for such exposure. 

As mentioned herein, we will use any information you submit to us by transmitting said information to any third-parties who will, or must, use said information in order to confirm your identity and associated financial accounts, and also use said information to process any payment associated with the utilization of our App.  You expressly acknowledge, understand, and agree that Keeper has no control over the actions of any third-party, including such third-party’s utilization of your information, and you further expressly understand and agree that Keeper shall not be held accountable for any misuse of your information by such third-parties.  Keeper will always transmit your information using secure, encrypted electronic transmission services and shall only transmit your information to third-parties that demonstrate the ability to securely receive and maintain your information.

Your information you submit through utilization of our App is owned by you and Keeper does not claim any ownership or interest in said information.  However, by using our App you grant Keeper express permission to transmit your data to third-parties, as stated herein, as well as retain such data in order to assist and enhance your utilization of our App.  

Third-Party Data

Our App may host and present information and/or content, such as links and/or advertisements, regarding other companies, websites, and/or mobile applications (“Third-Party Content”).  Keeper neither endorses nor controls the information or data displayed, advertised, or otherwise represented through this Third-Party Content.  Your use or utilization of any such Third-Party Content is done at your own risk and you expressly agree that Keeper is not responsible for any aspect of such Third-Party Content.  You further acknowledge that such Third-Party Content may require consent to additional third-party terms of service or use, privacy policies, or other terms and provisions that are not reprinted here and for which you remain responsible to familiarize, learn, and follow.

Keeper does not review, filter, or otherwise screen or censor any Third-Party Content, and Keeper may remove such Third-Party Content, in Keeper’s sole and absolute discretion, in the event said Third-Party Content violates these Terms of Use or commits any other action Keeper deems to be violative of Keeper’s goals and/or purpose.  As such, we do not guarantee the accuracy, reliability, or quality of any Third-Party Content which you may be presented with through utilization of our App, and any further exchange, submission, or transmission of data or information between you and any third-party, including the consummation of any transactions of any kind, is solely between you and said third-party and Keeper has no liability or responsibility with regard to same.

Intellectual Property

All aspects of our App, as well as all information we provide through any associated Keeper website online, is the sole property of Keeper.  This specifically includes, but is not limited to, all intellectual property associated with our App, such as design aspects, all technology used by or associated with our App, any trademarks or trade associated with our App or Keeper, LLC, generally, and any patent rights or copyrights associated with our App.  

While your use and utilization of our website and/or App provides Keeper the information necessary to continue optimizing same and providing for your continued use and enjoyment of our website and/or App, your use and utilization of same allows you access to view certain intellectual property of Keeper.  Thus, while you may view, navigate, and utilize any information or data generated by Keeper through your usage and utilization our website and/or App, this is only allowed for solely non-commercial and non-financial personal purposes, and the intellectual property associated with our App does, and shall always, remain exclusively with Keeper.

Further, we continuously strive to ensure that we do not infringe upon the intellectual property of others, whether it be trademark, copyright, trade secret, or patent, and we want your help in making ensure that the rights of everyone using our App, or utilizing any associated Keeper website, whether as a user, vendor, third-party payor processor, or otherwise, does the same.  Thus, we ask that if you see any information or activity you believe to be infringing upon the intellectual property of either Keeper, any other user or visitor of our App of any associated Keeper website, or any third-party, you let us know immediately.  We will investigate the situation after receiving such a report, but Keeper expressly disclaims any liability for such investigation.  Rest assured that your reports to us will be held in strict confidence.

By utilizing our App, you are granting Keeper a non-exclusive license to submit, use, and transmit any information you make available through the use of our App.  This license shall be worldwide, royalty-free, sub-licensable, irrevocable, and perpetual.  If that sounds like scary legal language, don’t worry.  We do not want to steal or misappropriate the proof of your successful use of our App or any associated Keeper website.  If we did that, we’d be doing both you and us a disservice.  What we do want to do, however, is have the ability to ensure that the interactions you choose to consummate through utilization of our App are successful, so as to promote both your safety and experiences, as well as ours.  In this way, we want to help you because that helps us both.  

Also by utilizing our App and any associated Keeper website, Keeper grants to you a non-exclusive, revocable, and non-transferable license to use the services and publicly-shared information offered through our App and any associated Keeper website for non-commercial, non-profit-oriented personal purposes.  As a condition of this license, you agree not to use the services provided through our website to perform and illegitimate or illegal actions, including, but not limited to, misappropriating the data generated through use of our App or the original content of any associated Keeper website, breaking any law of any domestic or foreign jurisdiction, or avoid any fees or taxes incurred as a result of use of our App or any associated Keeper website.  

Please note that all images, written words, logos, sounds, and other media which appears on our website or App is the federally protected intellectual property, whether trademark, copyright, or otherwise, of Keeper, and any unauthorized use of such media shall be considered as an unlawful violation of Keeper’s exclusive ownership rights of such media and prosecuted to the fullest extent the law allows. 

Prohibited Use and Utilization

Through your use and utilization of our App, you expressly acknowledge, understand, and agree that you (1) will not utilize our App in any way which violates any applicable law of any jurisdiction that may apply to such use; (2) will not utilize our App in any way which violates these Terms of Use or any related policies that are promulgated by Keeper and apply to your use of our App, as amended from time to time; (3) will not submit or transmit any information that infringes upon the intellectual property or confidential or proprietary rights of any other third-party in conflict with any applicable law of any jurisdiction that may apply to such action; (4) will not submit fraudulent or false information through utilization of our App that is designed to mislead or falsify your identity or assume the identity of any other third-party; (5) will not actually, or attempt to, reverse-engineer or gain unauthorized, unlawful access to any aspect of our App or any associated Keeper website, including our computer systems, computer servers, or computer networks; and (6) will not attempt to damage or disrupt our App or any associated Keeper website, whether through computer viruses, harmful programs, or otherwise.

General Disclaimers of Warranty

WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, PROVIDE OUR APP, ANY ASSOCIATED KEEPER WEBSITE, AND THE SERVICES OFFERED THROUGH UTILIZATION OF SAME “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION EITHER EXPRESS, IMPLIED, OR STATUTORY.  FURTHER, WE DISCLAIM ANY AND ALL WARRANTIES POTENTIALLY APPLICABLE TO OUR WEBSITE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.  

NEITHER KEEPER NOR ANY OF KEEPER’S AFFIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND/OR AGENTS SHALL BE LIABLE FOR ANY PRODUCTS PROCURED OR TRANSACTED FOR, OR INTERACTIONS WITH OTHER USERS THAT DO NOT SATISFY OR MEET EXPECTATIONS OR PERSONAL REQUIREMENTS OR THAT YOU OTHERWISE CONSIDER UNACCEPTABLE. 

KEEPER RELIES UPON YOU AND YOU ALONE TO INVESTIGATE AND DISCOVER AND UNDERSTAND ANY POTENTIAL INTERACTION WITH OUR WEBSITE, APP, AND THE PRODUCTS AND/OR SERVICES OFFERED THROUGH SAME.  IT IS YOUR FURTHER DUTY TO INVESTIGATE AND DISCOVER THE QUALITIES AND ACCEPTABILITY OF SUCH PRODUCTS OR SERVICES PURCHASED OR RECEIVED BY YOU THROUGH UTILIZATION OF OUR WEBSITE AND/OR APP.  YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT KEEPER DOES NOT WARRANT OR REPRESENT THAT ANY INFORMATION REGARDING SUCH INTERACTIONS, USERS, PRODUCTS, THIRD-PARTY LOCATIONS, OR SERVICES IS ACCURATE, ACCESSIBLE, RELIABLE, COMPLETE, OR FREE FROM ANY ERRORS.  ALL DATA, INFORMATION, AND/OR CONTENT PROVIDED THROUGH OUR APP AND ANY ASSOCIATED KEEPER WEBSITE IS PROVIDED TO YOU FOR INFORMATION PURPOSES ONLY AND ANY RELIANCE ON SUCH INFORMATION IS UNDERTAKEN SOLELY AT YOUR OWN RISK.

Indemnity

You expressly acknowledge, understand, and agree to indemnify, hold harmless, and defend Keeper, its affiliates, subsidiaries, officers, directors, employees, representatives, and agent from and against any and all third-party claims, actions, demands, losses, damages, costs, liabilities, and expenses, including costs of court and attorney’s fees, arising out of our relating to (1) your access or use of our App or any associated Keeper website; (2) your violation of any applicable law of any applicable jurisdiction; (3) your violation of these Terms of Use; (4) your breach of any representation or warranty provided by you to Keeper pursuant to these Terms of Use; (5) any products purchases or transacted for by you through utilization of our App; or (6) your infringement, or the infringement by any third-party using your access to our App, of any intellectual property or other right of any third-party.  Keeper reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Keeper and you agree to cooperate with our defense of said matter.  You further agree not to settle any such matter without the prior written consent of Keeper.  You further agree to immediately notify Keeper of any such claim or matter and Keeper shall use all reasonable efforts to notify you of same upon Keeper’s being notified of same.

Dispute Resolution

In the event of any dispute that arises between you and Keeper regarding these Terms of Use, your utilization of our App, or your utilization of any associated Keeper website, you specifically acknowledge, understand, and agree that such dispute shall be subject to and resolved pursuant to the alternative dispute resolution procedures contemplated and described immediately below without the use of litigation in any circumstance.

In any such dispute, the dispute shall:

1. Be promptly negotiated between you and Keeper in good faith. 

2. In the event that such negotiation fails or upon the expiration or thirty (30) days of the event(s) giving rise to the dispute, whichever is sooner, the dispute shall then be submitted to non-binding mediation.  The Party that first delivers notice of a dispute shall apply to the American Arbitration Association for a mediator, with the mediation to take place in Houston, Harris County, Texas.

3. In the event mediation fails to resolve all of the issues between you and Keeper, or if mediation is not held within sixty (60) days of the event(s) giving rise to the dispute, then the matter or any remaining matters shall be submitted to final, non-appealable, binding arbitration.  The arbitration shall be held by the American Arbitration Association in accordance with the Commercial Arbitration Rules of the American Arbitration Association.  The place of arbitration shall be Houston, Harris County, Texas.  The arbitration will be conducted in English.  The arbitrator may issue any preliminary, injunctive, and/or equitable relief.  Nothing herein will serve to restrict the ability to apply for emergency relief.  Either you or Keeper may, after failure of the negotiation and mediation procedures contemplated and described herein, commence arbitration of the dispute by sending a written request for arbitration to the other party.  The request shall state the nature of the dispute to be resolved by arbitration, and arbitration shall be commenced as soon as practical after the non-notifying party has received a copy of the written request.  Neither you nor Keeper may bring suit regarding any disputes, controversies, or claims subject to these Terms of Use or these alternative dispute resolution procedures in any venue other than an arbitration pursuant to same, except in order to enforce this arbitration agreement or enforce an arbitral award made pursuant to this arbitration agreement.  In the event that either you or Keeper attempts to bring an action in violation of this arbitration agreement, both you and Keeper agree that the other party will be entitled to the arbitrator or judge entering an injunction to enjoin such unauthorized action.  You and Keeper shall initially share the cost of arbitration, but the prevailing party shall be awarded attorney’s fees, costs, and other expenses of arbitration.  All arbitration decisions shall be final, binding, and conclusive on all parties, and legal judgment may be entered based upon such decision in accordance with applicable law in any court having jurisdiction to do so.  You and Keeper agree that the arbitral award shall be recognized by any applicable courts pursuant to all applicable statues, conventions, and treaties. 

DMCA and Copyright Disclaimer

Keeper is an online service provider as defined in the Digital Millennium Copyright Act of Title 17, Chapter 5, of the United States Code.  We may at times provide legal copyright owners the ability to upload and publish various images and other media through our App or any associated Keeper website.  While we may allow our users to perform these tasks, we do not screen, review, or otherwise monitor the various images and other media uploaded through our website or App.    

We at Keeper take copyright violation seriously and will assist in any way possible to protect the right of legal copyright owners, whether they be our users or otherwise.  If you are a legal copyright owner whose copyrighted content appears on our App or any associated Keeper website without your express authorization, then notify us in writing immediately so that we may identify and confirm the allegedly infringing content and take all appropriate actions to resolve same.  

In the event you send us such written notice of alleged infringement copyrighted content, please make sure that you include all identifying information necessary to confirm both the content and your ability to act on behalf of that content.  Specifically, please make sure to include the following in your written notice. 

1. The name and contact information of the owner, or authorized representative of the owner, of the copyrighted content allegedly being infringed, specifically including the signature of that person and/or entity;

2. Clear and specific identifying information, including descriptions, samples, and/or reproductions, etc., of the copyrighted content allegedly being infringed;

3. The specific App and/or websites and/or web addresses where the copyrighted content allegedly being infringed can be located and viewed; 

4. A declaration by the owner, or the authorized representative of the owner, of ownership of the copyrighted content allegedly being infringed, including any relevant documentation supporting same, and that the owner and/or representative has a good reason and good faith in believing that the copyrighted content is being unlawfully infringed; and 

5. A declaration, made under penalty of perjury, that the information and claims contained within the written notice is both true and correct and all persons identified therein retain the exclusive right to publish, or otherwise use, the copyrighted content.

Again, Keeper considers copyright violation to be a serious act, and for that reason, we must also state that person and/or entity who knowingly and materially misrepresents that certain other material or activity is an act of copyright infringement may be subject to civil liability pursuant to 17 U.S.C. § 512(f).

Termination 

You are free to terminate your responsibilities pursuant to these Terms of Use at any time without penalty by simply ceasing all use and utilization or our App or any associated Keeper website or notifying Keeper that you no longer wish to utilize our App and declare your notice of termination of such use.  Upon Keeper’s receipt of any such declaration or notice of termination, we may prevent you from further utilizing our App or any associated Keeper website if you have not already taken steps to have done so.  Such prevention shall include the termination of any license or permission granted to you pursuant to these Terms of Use.  Alternatively, we reserve the right to prevent you from using or utilizing our App or any associated Keeper website at any time and for any reason, in our sole and absolute discretion.

Consent for Electronic Communications

You agree and consent to receive all communications, information, correspondence, data, notices, disclosures, and other documents from Keeper electronically that relate to your use of our App or any associated Keeper website or our App and any associated Keeper website, generally.  We may be required at times, under color of applicable law, to deliver to you such communications and/or information, including, but not limited to, these Terms of Use, as well as any other consents or approvals or relevant information associated with your use of our App or any associated Keeper website.  It is your sole responsibility to ensure that you have provided us with the correct and current contact information that will allow us to deliver you such information and Keeper shall incur no liability on account of you having provided incorrect or false contact information or otherwise refusing or failing to keep such information current with Keeper.  

General Provisions

Governing Law.  These Terms of Use are governed, construed, and administered according to the laws of the State of Texas, as from time to time amended, and any applicable federal law.  No effect is given to any choice-of-law or conflict-of-law provision or rule (whether of the State of Texas or of any other jurisdiction) that would cause the application of the law of any jurisdiction other than those of the State of Texas.

Severability.  The invalidity or unenforceability of any provision of these Terms of Use does not affect the validity or enforceability of any other provision of these Terms of Use.  If an arbitrator or arbitration tribunal of competent jurisdiction determines that any provision is invalid, the remaining provisions of these Terms of Use are to be construed as if the invalid provision had never been included in these Terms of Use.

No Binding Agreement for Other Transactions.  You and Keeper agree that neither you nor Keeper will be under any legal obligation of any kind whatsoever with respect to any other transaction by virtue of these Terms of Use, except for the matter specifically agreed to herein.  These Terms of Use do not create a joint venture or partnership between you and Keeper.

Entire Agreement.  These Terms of Use constitute the entire understanding between you and Keeper and supersedes any and all prior or contemporaneous understandings and agreements, whether oral or written, between you and Keeper, with respect to the subject matter and provisions contained in these Terms of Use.

Assignment.  You may not assign these Terms of Use, or any rights or obligations contemplated or described herein, whether by operation of law or otherwise, without the prior written consent of Keeper.  Any such attempt by you to assign such rights or obligations shall be considered null and void.  Keeper reserves the right to assign these Terms of Use to any third-party, including all applicable rights and obligations contemplated and described herein, without notice, penalty, or consent.  Subject to the foregoing, these Terms of Use shall be binding upon and inure to the benefit or you and Keeper, as well as the successors and permitted assigns of you and Keeper. 

Modification for Legal Events.  If any arbitrator or arbitration tribunal of competent jurisdiction determines that any provision or any part or any provision set forth in these Terms of Use is unenforceable, the arbitrator or arbitration tribunal has the power to modify the unenforceable provision instead of severing it from these Terms of Use entirely.  The modification may be made by rewriting the offending provision, be deleting all or a portion of the offending provision, by adding additional language to these Terms of Use, or by making other modifications as it determines necessary to fulfill the intent of said provision and these Terms of Use to the maximum extent permitted by applicable law.  You and Keeper agree that these Terms of Use as so modified shall be binding upon and enforceable against both you and Keeper. 

Inclusion of other Instruments.  These Terms and Conditions further include any additional privacy policies, terms of use, terms and conditions, cookies policy, guidelines, and any other document or information promulgated, provided, and/or published by Keeper in relation to the operation, maintenance, and governance of our website and/or the App.

PHEW!

Now that all that is out of the way, please understand that our business is made better by having you has a user. Also please know that we may revise the Terms of Use from time to time, but you can always find it at https://mykeeper.io/ , and while we reserve the reserve the right to make changes at our sole discretion, we will notify you of any changes by sending you an e-mail to the e-mail associated with your Keeper Account or by posting a notice on our website.  We will do everything we reasonably can to ensure a positive experience for you while using our App, and we ask that you try to do the same for us.  To that end, you may contact us at any time regarding any questions, comments, concerns, or reports involving these Terms of Use at support@mykeeper.io. Thank you for visiting and using Keeper!

Privacy Policy of Keeper, LLC

General Disclaimer

Thank you for visiting Keeper, LLC (“Keeper” or “Us”) online or through our “Keeper” mobile application (the “App”), and for reviewing our Privacy Policy.  We strive to ensure that our customers and visitors are well-informed of the measures we have set in place to protect any personal information collected through our website, as well as the storage and disposal of that information. 

This Privacy Policy discloses the privacy practices we utilize through operation of https://mykeeper.io/ website and App, and applies solely to the information collected by our website and App through such operation.  Through this notice, you will be informed of the following:

1. What personal information is collected from your use of https://mykeeper.io/ and our App, as well as how that information is used and with whom that information may be shared;

2. What choices are available to you regarding the use of the information;

3. The security procedures in place to protect the misuse of your information; and

4. How you may correct any potential inaccuracies in your information.

Information, Collection, Use, and Sharing

We are the sole owners of the information collected on our website and App.  We only have access to and collect information that you voluntarily provide to us via use of our website, “App”, e-mail, or through other direct contact from you.  We do not and will not sell or rent this information to any other person or entity. The information we collect helps to enhance the App and verify our Users. Registration Information such as the nature of your relevant personal relationship, name, and username may be visible to other Users who view your profile page.

We will use the information you provide in order to respond to you and the reason you have contacted us.  We will not share your information with any third-party outside of our organization other than as necessary to help remediate any potential safety concerns, security risks or failures, or to monitor, improve, and enhance your experience with using our website and/or App.  Websites such as Google and Facebook provide services we may utilize to perform these valuable enhancement and improvement features, but the sharing of your information for the utilization of these services only extends to your basic contact information.  Again, we do not and will not rent or sell your information to any other person or entity.  Period.  

We may contact you via e-mail in the future in order to inform you of special offers, new products or services, or changes to this Privacy Policy.  However, should you not want to receive this special information, then you may choose not to by e-mailing us to inform us of your decision using the e-mail provided at the end of this Policy.

Registration Information.  When you download the App and create an account (“Account”), we may collect certain information (“Registration Information”) about you, such as: 

• Name;

• Username;

• E-mail address;

• Address; 

• Mobile number; 

• Date of birth; 

• Marital/relationship status; 

• Key anniversaries and other important or special dates;

• Information about your sex life;

• Sexual orientation;

• Location;

• Device information; 

• Meta information about your relationship partner or other important or special individual (for example, preferences in gifts, work background, preferences in flowers, or any other information that helps to describe their personality); and

• Login information for social media accounts that you connect to your Keeper Account (for example, your Facebook and Apple accounts).

For our California residents, please know that for any data we may collect falls into any of the “personal information” categories as defined by the California Consumer Privacy Act (CCPA). 

Profile Information.  It is important to think carefully about the information you share about yourself.  We do not recommend sharing sensitive information with which you are specifically concerned as subject to potential abuse and/or misuse through your Keeper Account profile.  If you post information about yourself, remember it is at your own risk.

Purchase Information.  If you decide to take advantage of our premium services, then we will process your payment information and retain it securely for the prevention of fraud and for audit and/or tax purposes. 

Geolocation Information.  If you allow Keeper to access your physical and/or geographic location through the device settings on your mobile device, then we may collect and use information regarding WiFi access points, as well as other location information about your location, to offer certain features to you.  This information helps us get to know you and enhance your experience with the App.

Device Information.  We may collect information about the device you use when accessing the App, such as the unique device identifier, device model, and operating system, for a number of purposes, as set out in this Privacy Policy. 

App Usage.  We may keep track of how you interact with features available on the Keeper website and/o App, including third-party services, by redirecting clicks or through other means.  We may share aggregate click statistics, such as how many times a particular link was clicked on by our users.

Use of Information.  So that you can use Keeper, we want you to find your Keeper!  In order to do that, we may use your Registration Information and other information to:

• Offer you the services, features, offers, and promotions we’ve made available to our users (to which you can always say no!);

• Inform you about new updates and features regarding the App;

• Personalize the content we deliver to you through the Keeper website and/or App;

• Research and analyze how you use and interact with the App;

• Implement new technologies and processes designed to enhance and improve the App;

• Resolve disputes, troubleshoot problems, and to enforce our Terms of Use;

• Investigate fraud, protect our legal rights; or

• Protect our Users and other third-parties from harm.

Cookies

When you visit websites from your computer, the web servers utilized by those websites create small packets of information regarding your visit to the website.  These small packets of information are known as “Cookies” and it allows us to recognize and remember you.  The websites you visit use these cookies to monitor your activity while visiting the website, such as which pages you visited and which links you accessed, and to record information about you.  With this information the websites can provide customized features to you in the event you return, thereby enhancing your experience with those websites.

There are two (2) different types of cookies utilized by websites, a “Session” cookie and a “Persistent” cookie.  

• Session cookies temporarily records a small amount of information in your internet browser’s memory, but this information expires and is destroyed when you close your internet browser.  

• Persistent cookies save the small amount of information created by your visit to a website to your computer’s hard drive and in the event you re-visit a website, your computer accesses the persistent cookie.  In essence, a persistent cookie allows a website to understand what your interests were the last time you visited the website, and uses that information to enhance your experience with the website.

We use cookies on our website in order to enhance our users’ experience with https://mykeeper.io/ and our App.  Our goal is that by using this information we can optimize your experience with our website by catering to both your and all of our Users’ interests.  We also want to use this information to help us make improvements to our website where necessary.  

Information Disposal

In order to protect your personal information, we maintain and destroy all electronically submitted information according to the principles of the Federal Records Act and the regulations and records schedules of the National Archives and Records Administration.  It is also possible that some of the information you provide to us through our website may be subject to the Privacy Act and the Freedom of Information Act.  You can review your rights regarding your information by visiting the Freedom of Information Act homepage at www.gsa.gov/portal/content/104389. 

Information Involving Children

Although Keeper does not specifically market to children under the age of thirteen (13), and the minimum required age to use our website and/or App is eighteen (18) years of age, we care and are concerned with the privacy of child web users and understand that the nature of digital access in our society provides the possibility that a person younger than the age of eighteen (18) may access certain digital content, such as our website and/or App, through falsifying their age when prompted, asked, or required to provide same.  Thus, Keeper fully complies with the Children’s Online Privacy Protection Act of 1998 (COPPA) and all provisions and regulations prescribed by COPPA.  

As contemplated above, Keeper does not knowingly contact, solicit, record, or collect personal information from children under the age of thirteen (13), and in the event we discover that we have been defrauded or deceived into collecting such information, we will either immediately use that information to notify the parents and/or legal guardians of such activity or completely destroy the information collected.  If you believe that we have received personal information from children under the age of thirteen (13), please e-mail us using the e-mail address at the bottom of this Policy to let us know so that we may take appropriate action.  

Social Medial and Third-Party Websites

We sometimes utilize various social media platforms and websites in order to interact with our customers, improve our customers’ experience with our website and/or App, and engage with potential customers.  While our website may have links to other websites, we do not use these platforms or other third-party websites to record, solicit, or collect personal information from our customers or web visitors.  However, other third-party websites may collect your information for those websites’ various purposes, and our Privacy Policy does not apply to these other third-party websites. 

Please be aware that we are not responsible for the content or privacy practices of other websites.  We encourage you to keep this in mind when you leave our website or App and also review the privacy policies of any third-party website should you decide to visit and use same.  These other websites may also collect personally identifiable information.  

The privacy policies of the social media platforms and websites we utilize to grow the Keeper community are listed below and may be accessed by clicking on the included hyperlink.

• Facebook https://www.facebook.com/policy.php 

• Twitter https://twitter.com/privacy?lang=en 

• YouTube https://www.youtube.com/static?template=privacy_guidelines 

• Tiktok https://www.tiktok.com/legal/page/us/privacy-policy/en

• Pinterest https://about.pinterest.com/en/privacy-policy 

• Instagram https://www.instagram.com/about/legal/privacy/ 

General Security and Options

We take your personal information quite seriously and understand that you do too.  Thus, you may choose to decline any future contact from us at any time.  Also, you may e-mail or call us using the phone number and e-mail address provided at the end of this Policy at any time in order to: 

(1) See what information of yours we have collected; 

(2) Change or correct any information we have for you; 

(3) Direct us to delete any information we have for you; and/or 

(4) Identify any concern you may have regarding our use of your data.

We also take several precautions to protect your information.  When you submit sensitive personal information to us through https://mykeeper.io/ or our App, your information is protected both online and offline.  Wherever we collect this information (such as your personal, identifying, and/or financial data), we encrypt and securely transmit this information to our servers.  You can verify our secure methods by looking for a closed-lock icon at the bottom of your internet browser or for looking for “https” at the beginning of the website at the top of your internet browser.

While we utilize encryption to protect the information you submit online, we also take serious steps to ensure the protection of your information offline.  Only Keeper employees who are required to access your information to perform a specific job (such as billing a customer or providing customer service) are granted access to your personal information.  Even further, the computers and servers where we store your information are kept in secure locations and environments.

As the world changes, so do we.  We may revise this Privacy Policy from time to time, but you can always find it at https://mykeeper.io/.  We reserve the right to make changes to this policy at our sole discretion, just like you get to choose how you want to use Keeper!  But worry not, as we will notify you of any changes by sending you an e-mail to the e-mail address associated with your Keeper Account or by posting a notice on our website. 

In the event you feel that we are not completely abiding by the terms of this Privacy Policy or have a suggestion on how we can improve this Policy, please feel free to contact us by e-mail at contact@mykeeper.io.  

We hope you enjoy your visit to https://mykeeper.io/, and we appreciate your support and involvement in the Keeper community!