Terms of Service

1. Agreement to Terms

By accessing or using KeepCo's services, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, you may not access our services.

These Terms apply to all visitors, users, and others who access or use KeepCo, including business owners ("Merchants") and their customers ("End Users").

2. Description of Service

KeepCo is a business-to-business (B2B) software-as-a-service (SaaS) platform that provides:

• Custom-branded iOS and Android loyalty apps for businesses
• Integration with Square and Clover point-of-sale systems
• Loyalty program management (points, rewards, tiers)
• Mobile ordering capabilities
• Push notification and marketing tools
• Customer analytics and insights

3. Account Registration

To use KeepCo as a Merchant, you must:

• Be at least 18 years old
• Have the authority to enter into these Terms on behalf of your business
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly update any changes to your information

You are responsible for all activities that occur under your account.

4. Subscription Plans and Payment

Pricing Tiers

KeepCo offers the following subscription plans:

Billing

• Subscriptions are billed monthly in advance
• Annual billing is available with a 15% discount
• App build fees are split: 50% upfront, 50% upon app completion
• All fees are non-refundable except as described in Section 6
• Subscriptions auto-renew unless cancelled

5. App Ownership and Intellectual Property

Your App

Upon payment of the app build fee:

• The branded app built for your business belongs to you
• The app will be published under your Apple Developer and Google Play Developer accounts
• You retain ownership of your branding, logos, and content
• If you cancel your subscription, the app remains yours (though it will no longer function without an active KeepCo subscription)

KeepCo Platform

KeepCo retains all intellectual property rights to:

• The underlying platform technology and infrastructure
• The KeepCo dashboard and administrative tools
• Our proprietary algorithms and software
• The KeepCo name, logo, and branding

6. Cancellation and Termination

Cancellation by You

• You may cancel your subscription at any time with 30 days written notice
• Upon cancellation, your app will continue to function until the end of your billing period
• You may request an export of your customer data before cancellation
• Refunds for unused subscription time are not provided

Termination by KeepCo

We may suspend or terminate your account if you:

• Violate these Terms or our Acceptable Use Policy
• Fail to pay fees when due
• Engage in fraudulent or illegal activity
• Use the service in a way that harms other users or our infrastructure

7. Acceptable Use

You agree not to:

• Use KeepCo for any illegal purpose
• Violate any applicable laws or regulations
• Infringe on the intellectual property rights of others
• Transmit harmful code, viruses, or malware
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the service
• Use the service to send spam or unsolicited communications
• Collect or harvest user data without consent
• Resell or redistribute KeepCo services without authorization

8. Data Processing

With respect to End User data:

• You (the Merchant) are the data controller
• KeepCo acts as the data processor
• You are responsible for obtaining appropriate consent from your customers
• You must comply with all applicable data protection laws (including GDPR, CCPA, etc.)
• KeepCo will process data only according to your instructions and these Terms

Please refer to our Privacy Policy for more details on how we handle data.

9. Third-Party Integrations

KeepCo integrates with third-party services including:

• Square: For POS integration and payment processing
• Clover: For POS integration and payment processing
• Apple App Store: For iOS app distribution (requires your own developer account)
• Google Play Store: For Android app distribution (requires your own developer account)

Your use of these integrations is subject to the respective third party's terms of service. KeepCo is not responsible for the actions, content, or policies of third-party services.

10. Disclaimers and Limitation of Liability

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the service will be uninterrupted, secure, or error-free, or that defects will be corrected.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEEPCO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL KEEPCO'S AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY YOU TO KEEPCO IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless KeepCo and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the service, your violation of these Terms, or your violation of any rights of a third party.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website
• Sending an email to your registered email address
• Displaying a notice in your KeepCo dashboard

Your continued use of the service after such modifications constitutes acceptance of the updated Terms.