Terms of Service

1. Acceptance

These Terms of Service (the Terms) are a legal agreement between you and Kept AI Inc., a Delaware corporation and the operator of kept (kept, we, us, or our), governing your use of the Service. By checking the box to agree and continuing, or by otherwise using the Service, you accept these Terms and the Privacy Policy. You represent that you are of legal working age and able to form a binding contract. If you are using kept on behalf of an organization, you represent that you are authorized to accept these Terms for it. If your workspace has a separately signed agreement with us, that agreement controls where it conflicts with these Terms.

2. The Service

kept captures your work into evidence-backed memory and lets authorized people retrieve what they are permitted to see, with every answer cited or marked unknown. We may add, change, or remove features over time to improve the Service, and we will not materially reduce the core function you rely on without reasonable notice.

3. Kept for You and Kept for Business

kept is offered in two forms. Kept for You is the personal product: you are our customer, you own your knowledge outright, and no organization has any role in your account. Kept for Business covers business and enterprise workspaces: the organization is our customer, it purchases seats and administers the workspace, and knowledge captured for the workspace is the workspace's intellectual property, while the personal rights described in these Terms and the Privacy Policy run to you regardless of who pays.

Where a section of these Terms governs only one form, it says so. Business Authority and Administration, Capture and Recording Obligations, and Departing Members and What They Take govern business workspaces; Your Content and Your Knowledge states how ownership follows the plan; everything else applies to everyone. A trial of either form is use of the same Service under these same Terms. A free trial states its limits where it is offered, collects no payment method, and renews into nothing: when it ends, it simply stops unless you choose a plan.

4. Accounts and Access

You are responsible for the security of your account and for activity that happens under it. Keep your credentials confidential, use the Service only through the access your workspace grants you, and tell us promptly if you suspect unauthorized use. Access is scoped by tenant, role, and grant, and we may suspend access that puts the Service or other users at risk.

5. Business Authority and Administration

A person who creates or administers a business workspace represents that they are authorized to act for that organization, including to accept these Terms, purchase subscriptions, invite users, and configure the workspace on the organization's behalf.

Authority inside a workspace follows its roles, and the Service enforces these boundaries rather than merely describing them:

• The owner is the person who created or claimed the workspace. Only the owner manages the plan, the seat count, and billing, and only the owner can close the workspace. The owner also holds everything an administrator holds.
• Administrators run the workspace day to day: they invite people and set each invitee's role, manage members, roles, and departments, grant and revoke knowledge access, configure workspace settings, and see the workspace's activity history. They can view the knowledge any member has captured for the workspace, and they receive and may approve member deletion requests as the Privacy Policy describes; approving runs the audited erasure, and not answering leaves the request open. Administrators do not manage billing, plan, or seats.
• Managers see their own department only: its members, its captured-knowledge roll-up, its activity, and its capture-level bands. A manager cannot view an individual member's record beyond that roll-up, cannot invite or remove members, cannot change roles, and has no billing authority.
• Partners are the people whose knowledge kept captures, always with their own recorded consent. A partner sees and controls their own record as these Terms and the Privacy Policy describe, and sees no one else's.

Every invitation into a workspace states the role it carries and what that role can and cannot do, before the invitee joins. Beyond these roles, access to knowledge within a workspace follows explicit workspace permissions and knowledge grants; membership in a workspace does not by itself grant access to another person's captured knowledge.

Workspace administrators do not receive kept's internal interview-steering information about a participant, and the Service is not designed to present that information to an employer as a profile, assessment, or score.

The business customer is responsible for the acts and omissions of its administrators and authorized users, for keeping its administrator accounts secure, and for ensuring that its use of the Service, including whose workplace knowledge is captured and who is given access to it, complies with applicable law and the organization's own obligations to its personnel.

6. Capture and Recording Obligations

The Service captures workplace knowledge through consented voice sessions with an AI interviewer. Live audio from a session is processed and transcribed. kept's own systems store no audio after live processing. The Voice Capture and Consent notice, published at kept.solutions/recording-and-consent, describes the capture process in more detail.

The following consent rules apply to every capture session:

• Separate participant consent is required. A voice session cannot begin until the participant has personally given the required consent. A customer's acceptance of these Terms, an employment relationship, or an instruction from an employer is not a substitute for the participant's own consent to live audio processing and transcription.
• You cannot consent for someone else. A customer, administrator, or user must not consent on a participant's behalf and must not add another person to a session unless that person has received the required notice and has affirmatively consented.
• Audible notice. Each session begins with a spoken notice that everything in the session is being captured, that the record stays the participant's to see, and that the participant can skip anything or stop whenever they want.
• Participants can stop. A participant may decline to begin a session and may stop an active session at any time using the visible end-session control.

If you are a business customer, you are responsible for deciding whose workplace knowledge may lawfully be captured, for providing every notice to employees, contractors, and other participants that applicable law or your own policies require, and for having a lawful basis for the workplace processing you direct. Covert recording is prohibited. You must not use the Service to capture any person's voice or statements without that person's knowledge and consent.

7. Acceptable Use

You agree not to:

• Use the Service to break the law, infringe rights, or violate your workspace's policies.
• Attempt to access data, tenants, or accounts you are not authorized to see.
• Probe, scan, or disrupt the Service, or circumvent its security or access controls.
• Upload content you have no right to share, or credentials and personal information the Service is built to exclude.
• Use the Service to monitor, score, or rank a person in a way these Terms and the Privacy Policy forbid. The contribution band is provided so a workspace can run its own capture program, and using it as an input to performance management, discipline, or compensation is a misuse of the Service.
• Use the Service in violation of United States export control or sanctions laws, or from a jurisdiction where such laws prohibit it.

8. Your Content and Your Knowledge

Ownership follows your plan. On a personal plan, you own the content you bring into kept and your captured knowledge (your evidence-backed record) outright. On a business or enterprise plan, knowledge captured for the workspace is the workspace's intellectual property, and you keep the visibility, correction, live retraction, and deletion-request rights described in the Privacy Policy. In either case you grant us only the limited license needed to host, process, and display content to provide the Service, and capture is opt-in with you personally.

You may remove an individual item from your knowledge at any time, and a removed item leaves your knowledge at once and is no longer used to answer questions. What happens next follows your plan. On a personal plan, and in a workspace provisioned with a jurisdiction deletion window, kept can restore the item for 30 days if you ask us at support@kept.solutions (in such a workspace, the business customer may make that request for an item one of its members removed, within the same 30 days, by email only: the Service provides no self-service restore control over another person's removed item and we do not intend to provide one), and after 30 days the item is permanently deleted and is not recoverable through kept by you, by the business customer, or by us. On a business or enterprise plan without a provisioned window, a removed item is suppressed from every view rather than destroyed, because the captured work product is the workspace's intellectual property; you or the business customer may ask us by email to restore it at any time while it exists, and permanent deletion there runs through an approved deletion request, deletion of the workspace, or the raw-material retention schedule. Permanent deletion is always subject to legal holds and to limited records we are legally required to retain. The permanent-deletion clock applies to items removed on or after the effective date of these Terms; items removed before that date have no deletion date and can still be restored on request. This clock is separate from the fourteen day departure window described below: this governs an item you remove, that governs your contributions when your workspace access ends.

If you are part of a business workspace and your access ends, an admin chooses at that moment between two outcomes: the workspace keeps what you captured, or you take it with you. We email you either way to say which. If you are the one taking it, you have 14 days to download it or move it into a personal kept account, and after those 14 days it is deleted from kept whether you took it or not. There is no standing workspace policy set in advance, so which outcome applies is not knowable until you leave.

9. Departing Members and What They Take

This section governs what happens to captured knowledge when a person's membership in a business workspace ends for any reason, including resignation, termination of employment, or removal by an administrator. It does not govern deletion of an account or an entire workspace, which the Term and Termination section covers.

The choice is made at departure, not in advance. A workspace does not select a standing knowledge ownership policy. When an administrator ends a member's access, that administrator must choose one of the two dispositions below for that person, at that time. We record the disposition chosen, who chose it, and when, and we retain that record.

• The member takes their contributions. The departing member has fourteen (14) days from the end of their access to obtain a copy of the contributions they personally made, either as a downloadable file or by transferring them into a personal kept account. At the end of that fourteen day period, those contributions are deleted from the workspace and from kept, whether or not the member obtained a copy, and are not recoverable. Deletion is subject only to legal holds and to records we are legally required to retain.
• The workspace retains the knowledge. The business customer keeps everything captured in the workspace, permanently. No copy is delivered to the departing member automatically. The baseline below still applies.

The baseline under either disposition. No choice by an administrator can remove the following:

• A departing member may obtain a copy of the raw contributions they personally provided to the workspace, meaning their own statements and submissions, as applicable data protection law requires. Where the administrator chose that the member takes their contributions, this right is exercisable within the fourteen day period described above, after which the underlying records no longer exist and cannot be provided.
• A member's privacy rights described in the Privacy Policy, including the rights to access, correct, and request deletion of their personal information, survive either disposition and survive departure.

10. Intellectual Property and Feedback

kept, including its software, design, and the methodology behind its capture and retrieval, is owned by Kept AI Inc. and protected by intellectual property law. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service. They do not transfer any of our intellectual property to you, and you may not copy, reverse engineer, or resell the Service except as the law expressly allows. If you send us feedback or suggestions, we may use them without restriction or obligation to you; feedback never includes your content or your knowledge.

11. AI Outputs and Citations

kept returns answers that are cited to their source or clearly marked unknown. It does not guess. Even so, cited answers can be incomplete or out of date, and an answer is only as good as the evidence behind it. Outputs are informational support for your own judgment, not professional, legal, financial, or other expert advice. You are responsible for how you use them, and you should verify anything important against the cited source.

12. Privacy

Our handling of your information is described in the Privacy Policy, which forms part of these Terms. The kept Privacy Commitments (opt-in capture, your visibility and deletion rights, a contribution band as the only thing your employer sees about you, and cited or unknown answers) are binding commitments, not aspirations.

13. Fees and Billing

If your use of the Service is paid, the fees, billing cycle, and payment terms are those set out in your order or workspace agreement. Fees are exclusive of taxes unless stated otherwise, and you are responsible for applicable taxes other than taxes on our income. Except where the law or your order says otherwise, payments are non-refundable. Seats added mid-cycle are charged a prorated amount at once; seats removed lower the next renewal, do not create a mid-cycle refund, and a seat count never drops below the seats in use. You can cancel a subscription yourself at any time through the billing portal, and your access runs to the end of the period you paid for. We will give reasonable notice before a price change, and it will take effect no earlier than your next billing period or renewal.

Where a plan is described as unlimited, it includes fair use. The usage it covers in a month is metered, up to an included amount set for your plan. Your workspace's usage view shows the share of that amount you have used. When your usage in a month reaches it, capture pauses for the rest of that month and resumes on your next billing date. There is no overage charge: capture pauses rather than costing you more.

14. Confidentiality

Each party may receive information the other treats as confidential. The receiving party will protect it with reasonable care, use it only to perform under these Terms, and not disclose it except to people who need it and are bound to keep it confidential. This does not apply to information that is public through no fault of the receiving party or that the law requires to be disclosed, provided the receiving party gives reasonable notice where lawful.

15. Disclaimers

The Service is provided as is and as available, to the fullest extent the law permits. We do not warrant that it will be uninterrupted, error free, or fit for a particular purpose, and we disclaim implied warranties except those that cannot lawfully be excluded. You are responsible for verifying outputs before relying on them.

16. Limitation of Liability

To the fullest extent the law permits, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising out of or relating to the Service. Our total liability for any claim relating to the Service is limited to the amount you paid us for the Service in the twelve months before the claim, or one hundred United States dollars if greater and no fees were paid. Nothing in these Terms limits liability for fraud, for willful misconduct, or for anything else that cannot lawfully be limited.

17. Indemnification

You agree to defend and indemnify Kept AI Inc. against third-party claims and losses arising from your misuse of the Service, your violation of these Terms, or content you brought in that you had no right to share, except to the extent the claim results from our own breach or negligence.

18. Term and Termination

These Terms apply while you use the Service. You may stop using it at any time, and you can delete your account and your knowledge as described in the Privacy Policy. We may suspend or end access if you materially breach these Terms or put the Service or others at risk, and we will give notice where practical. Provisions that by their nature should survive, such as ownership, confidentiality, disclaimers, and limitation of liability, survive termination.

19. Governing Law, Arbitration, and Disputes

These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of Delaware and applicable United States federal law, without regard to conflict-of-law rules. The parties will first try in good faith to resolve any dispute informally by writing to admin@kept.solutions and allowing thirty days to respond.

Any dispute not resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (or, for an individual using kept outside a business workspace, its Consumer Arbitration Rules), by a single arbitrator, in English. The arbitrator decides all issues except that a court decides whether this clause is enforceable. Judgment on the award may be entered in any court with jurisdiction.

Both parties waive the right to a jury trial and to participate in a class, collective, or representative action, to the extent the law allows such a waiver. Each party keeps the right to bring an individual claim in small claims court, and either party may seek injunctive relief in court for misuse of intellectual property, breach of confidentiality, or unauthorized access to the Service. You keep any non-waivable rights under your local law, and if your workspace agreement names a different dispute mechanism, that agreement controls.

You can opt out of arbitration. If you do not want to arbitrate, email admin@kept.solutions within 30 days of first accepting these Terms, from the email on your account, saying you opt out of arbitration. Opting out means disputes go to the courts named above instead, it applies only to you, and it changes nothing else about these Terms or your use of the Service.

20. General

These Terms, the Privacy Policy, and any order or workspace agreement are the entire agreement about the Service, and where they conflict, a signed workspace agreement controls first, then the order, then these Terms. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. If a provision is found unenforceable, the rest stays in effect. A failure to enforce a provision is not a waiver of it. Neither party is liable for delay or failure caused by events beyond its reasonable control. The parties are independent contractors. Legal notices to us go to admin@kept.solutions; notices to you go to your account email or appear in the product.

21. Changes to these Terms

We may update these Terms as the Service evolves or the law changes. When we make a material change, three things happen, every time: the document gets a new version and, where the substance changes, a new effective date with reasonable advance notice; we email every account at its registered address describing what changed and when it takes effect; and the product asks you to review and accept the updated Terms the next time you sign in, before you continue. Your acceptance is recorded against the version you accepted, and that version governs between you and us until you accept a later one. If you do not want to accept updated Terms, you may stop using the Service, and the Privacy Policy describes how to take or delete what is yours.

22. Contact

Questions about these Terms, and questions about privacy or your data, can be sent to admin@kept.solutions.