Terms of Service

You may use the Service only if you can form a binding contract with us and are not barred from doing so under applicable law. The Service is not directed to children under 13, and you must be at least 13 years old to use it. If you are under the age of majority where you live, you may use the Service only with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf. By using the Service, you represent that you meet these requirements.

Kept is an identity-first productivity tool that helps you capture notes, tasks, goals, and related information and organize them with software-assisted features. We may add, change, suspend, or discontinue any part of the Service at any time, and we do not guarantee that the Service, or any feature, will always be available, uninterrupted, or error-free. We may set limits on use, storage, or features in our discretion.

The following terms apply when you obtain the Kept application through the Apple App Store. They are in addition to, and control over, any conflicting terms in this agreement with respect to the App Store distribution of the application.

• These Terms are concluded between you and Thesis Labs only, and not with Apple Inc. (“Apple”). Thesis Labs, not Apple, is solely responsible for the application and its content.
• Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the application.
• To the maximum extent permitted by applicable law, Apple has no warranty obligation with respect to the application. Any claim that the application fails to conform to an applicable warranty is the responsibility of Thesis Labs.
• Apple is not responsible for addressing any claims by you or any third party relating to the application or your possession or use of it, including product liability claims, any claim that the application fails to conform to a legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third-party claim that the application or your use of it infringes that party’s intellectual property rights, Thesis Labs, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim to the extent required by these Terms.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

You may need an account to use certain features. You are responsible for the information you provide, for keeping your credentials confidential, and for all activity that occurs under your account. Notify us promptly of any unauthorized use. We are not liable for any loss arising from your failure to protect your account.

The Service may offer paid subscriptions or other in-app purchases. Where purchases are made through the Apple App Store, they are processed by Apple and governed by Apple’s applicable terms, and the following apply:

• Subscriptions automatically renew for the same period at the then-current price unless you cancel at least 24 hours before the end of the current period.
• You can manage and cancel subscriptions in your App Store account settings. Deleting the application does not cancel a subscription.
• Payment is charged to your App Store account at confirmation of purchase. Refunds, where available, are handled by Apple in accordance with Apple’s policies. We do not control and are not responsible for App Store billing or refunds.
• Prices and features may change. We will provide notice of material changes as required by applicable law, and continued use after a change takes effect constitutes acceptance.

Except as required by law or expressly stated, all purchases are final and non-refundable.

You retain all ownership rights in the content you create, capture, upload, or store through the Service (“Your Content”). You grant Thesis Labs a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, and display Your Content solely as necessary to operate, maintain, secure, and improve the Service and to provide it to you. This license ends when Your Content is deleted from our active systems, except for content retained in backups or as required by law, and except for de-identified or aggregated data that does not identify you.

You are solely responsible for Your Content and represent that you have the rights necessary to submit it and that it does not violate these Terms or any law. We are not obligated to store Your Content and you are responsible for maintaining your own copies. Our handling of personal data is described in the Privacy Policy.

The Service includes features that use artificial intelligence and automated processing to generate suggestions, summaries, organization, estimates, and similar outputs (“AI Output”). AI Output is generated by automated systems, may be inaccurate, incomplete, or unsuitable for your situation, and is not professional advice of any kind, including medical, legal, financial, accounting, tax, or mental-health advice. You are solely responsible for evaluating AI Output and for any decisions or actions you take based on it. Do not rely on the Service for any decision where inaccuracy could cause harm or loss. We make no representation that AI Output is accurate, reliable, or fit for any purpose.

You agree not to, and not to permit anyone to:

• use the Service in violation of any law or to infringe the rights of others;
• upload or transmit anything unlawful, harmful, harassing, defamatory, or that contains malware;
• attempt to gain unauthorized access to, interfere with, or disrupt the Service or its infrastructure;
• reverse engineer, decompile, scrape, or copy any part of the Service except as permitted by law;
• use the Service to build a competing product, or resell or commercially exploit it without our permission; or
• misuse, overload, or circumvent any limits, security, or access controls.

We may investigate and take action, including suspending or terminating access, for any violation.

The Service, including its software, design, text, graphics, the Kept name and logo, and all related intellectual property, is owned by Thesis Labs or its licensors and is protected by law. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own personal or internal use. We reserve all rights not expressly granted. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.

The Service may integrate with or link to third-party services, software, or content that we do not control, including Apple, payment processors, and infrastructure providers. We are not responsible for third-party services, and your use of them is governed by their own terms and policies. We make no warranties regarding any third-party service.

The Service and all content and AI Output are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by law, Thesis Labs disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, secure, accurate, or error-free, or that any defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

To the maximum extent permitted by law, Thesis Labs and its members, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to the Service or these Terms, whether based in contract, tort, negligence, strict liability, or any other theory, even if advised of the possibility of such damages.

To the maximum extent permitted by law, the total liability of Thesis Labs for all claims arising out of or relating to the Service or these Terms will not exceed the greater of the amount you paid us for the Service in the twelve months before the event giving rise to the liability, or one hundred U.S. dollars (US $100).

Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

You agree to indemnify, defend, and hold harmless Thesis Labs and its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Service, Your Content, your violation of these Terms, or your violation of any law or the rights of any third party.

You may stop using the Service at any time. We may suspend or terminate your access at any time, with or without notice, including if we believe you have violated these Terms or to protect the Service or other users. Upon termination, your right to use the Service ends. Sections that by their nature should survive termination will survive, including ownership, disclaimers, limitations of liability, indemnification, and dispute resolution.

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Informal resolution first. Before starting any formal proceeding, you agree to contact us at the address below and give us 30 days to resolve the dispute informally and in good faith.

Binding arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by binding individual arbitration administered by a recognized arbitration provider under its consumer arbitration rules, rather than in court. The arbitration will be conducted in California or, at your election, your home county, or by telephone or video where available. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver.You and Thesis Labs agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court for the alleged infringement or misuse of intellectual property or unauthorized access to the Service. If the class action waiver is found unenforceable as to a particular claim, that claim will proceed in court, but the rest of this section still applies. To the extent any dispute is not subject to arbitration, it will be resolved exclusively in the state or federal courts located in California, and you consent to their jurisdiction and venue.

These Terms and any dispute arising out of them are governed by the laws of the State of California and applicable U.S. federal law, including the Federal Arbitration Act, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, for material changes, provide additional notice as required by law. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree, stop using the Service.

These Terms, together with the Privacy Policy, are the entire agreement between you and Thesis Labs regarding the Service. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. There are no third-party beneficiaries except Apple as stated in Section 3.

Questions about these Terms can be sent to legal@thesis.do.

Thesis Labs, LLC
California, United States
thesis.do