PLEASE READ THESE TERMS CAREFULLY. These Terms of Service (the "Terms") include a binding arbitration agreement, a class-action waiver, and a jury-trial waiver in Section 16. They limit how you can pursue a dispute with us. You can opt out of the arbitration agreement within 30 days of first accepting these Terms by emailing info@keepsakecares.com — see Section 16.5.
Keepsake is a consumer wellness and organization app. It is NOT a medical device, NOT a substitute for professional medical, legal, or financial advice, and is NOT a HIPAA-covered service. Do not use Keepsake to make emergency medical decisions. In an emergency, call 911 or your local emergency number.
1. Who We Are and What These Terms Cover
Keepsake is operated and published by Keepsake, a California-based business (entity formation pending) (referred to as "Keepsake," "we," "us," or "our"). These Terms form a legally binding agreement between you and Keepsake and govern your access to and use of:
- The Keepsake mobile application for iOS and Android;
- Any websites we operate at keepsakecares.com and its subdomains;
- Any related APIs, features, content, and services we provide (collectively, the "Service").
By creating an account, downloading the App, or otherwise accessing the Service, you agree to these Terms and to our Privacy Policy and our Consumer Health Data Privacy Policy, each of which is incorporated by reference.
If you do not agree to these Terms, do not use the Service.
2. Eligibility
You must be at least 18 years old to use Keepsake. By using the Service you represent and warrant that:
- You are 18 years of age or older;
- You are not barred from using the Service under the laws of the United States or the state in which you reside;
- You reside in the United States. Keepsake is currently offered only in the United States and is not intended for users in the European Union, United Kingdom, Canada, or elsewhere outside the United States.
We do not knowingly collect personal information from anyone under 18. If we learn an account has been created by someone under 18, we will suspend and delete that account. To report suspected use by a minor, email info@keepsakecares.com.
3. Your Account
3.1 Account creation
You create an account through our identity provider, Clerk, in one of three ways:
- By entering a U.S. mobile phone number and verifying it with a one-time SMS code that Clerk sends you;
- By signing in with Apple (Sign in with Apple); or
- By signing in with Google.
We do not maintain a separate password for Keepsake. The credentials that protect your account are the credentials of the sign-in method you choose (your phone, your Apple account, or your Google account). You are responsible for keeping the device that receives your SMS verification code, and your Apple or Google account, secure, and for all activity that occurs under your Keepsake account.
3.2 Account security
You agree to notify us immediately at info@keepsakecares.com if you believe your account has been compromised — for example, if you have lost the phone number associated with your account or if your Apple or Google account has been taken over. Enable device-level passcode or biometric unlock (Face ID / Touch ID / fingerprint) on your device for added protection.
3.3 Account accuracy
You agree to provide accurate information and to keep your account information current. If you change your phone number, update it in-app (or through Clerk's account management) before discontinuing service on the old number, so that future recipients of the old number do not receive SMS verification codes intended for you.
4. What Keepsake Does
Keepsake helps a caregiver (or a small team of caregivers) record, organize, and share care-related information for a specific care recipient (the "Care Recipient") — typically an older adult or a family member you help care for. Features include:
- Notes: free-text notes organized by category (medical, medications, observations, appointments, care plan, legal, personal, contacts);
- Voice notes: audio recordings that we automatically transcribe using third-party transcription providers;
- Documents and scans: uploaded PDFs, DOCX files, and camera-captured documents (which the App converts to PDF on your device before upload);
- Tasks and reminders: recurring or one-off care tasks with completion tracking and on-device local notification reminders;
- Care streaks: an in-app counter that tracks consecutive days on which you complete a Care Recipient's scheduled tasks. Streak data is derived from your task-completion history and is shared among the caregivers on the same Care Recipient profile;
- Care Recipient profile picture: an optional image you can attach to a Care Recipient profile;
- Search: in-app search across the notes you have access to;
- Multi-caregiver sharing (opt-in on both sides): see Section 6.
Features are described in more detail in the App itself and may change over time. We may add, modify, or remove features at any time, subject to Section 15 (Changes to the Service).
5. Authority to Add a Care Recipient
This is the most important warranty in these Terms — please read carefully.
When you add a Care Recipient to Keepsake and input information about that person, you represent and warrant that you have the legal authority and explicit permission to do so. Specifically, you represent that at least one of the following is true:
- You hold a valid power of attorney (including a health-care power of attorney or durable POA) that authorizes you to manage information about the Care Recipient;
- You are a court-appointed guardian or conservator of the Care Recipient;
- You are the Care Recipient's next of kin and the Care Recipient cannot manage their own affairs, and you are acting in their best interest;
- The Care Recipient has given you direct, informed permission to record, store, and share information about them using Keepsake; or
- You are adding yourself as the Care Recipient (self-care use).
You affirm this authority each time you create a Care Recipient profile. If your authority changes (for example, a POA is revoked or a guardian appointment ends), you agree to stop adding information about the Care Recipient and to delete or transfer their data by contacting info@keepsakecares.com.
You agree to indemnify Keepsake against any claim arising from your lack of authority to input, store, or share information about a Care Recipient (see Section 14).
6. Multi-Caregiver Sharing
Keepsake is designed for small care teams. The Service supports three roles on a Care Recipient profile, enforced by row-level security in our database:
- Owner — full control, including the ability to delete the profile;
- Editor — can add, modify, and soft-delete notes and tasks;
- Viewer — read-only access.
Today, the App provisions an Owner role automatically when you add a Care Recipient during onboarding, and shared access (Editor or Viewer) is added operationally by the Owner by contacting support. When Keepsake launches an in-app invite flow, no caregiver will be added to a Care Recipient profile without that caregiver's explicit acceptance of the invitation. We will not share information about a Care Recipient with another person without the Owner's action and the other person's acceptance.
Owners are responsible for vetting the caregivers they invite.
7. Acceptable Use
You agree not to:
- Use the Service to violate any law or the rights of any person, including any privacy right;
- Upload or input information about a Care Recipient that you are not authorized to share (see Section 5);
- Attempt to access another user's account, another Care Recipient's data, or non-public parts of the Service;
- Reverse-engineer, decompile, or scrape the Service, except to the limited extent this restriction is prohibited by law;
- Interfere with or disrupt the Service (for example, by sending malicious code or overwhelming our infrastructure);
- Use the Service to impersonate any person or misrepresent your affiliation with any person;
- Upload content that is unlawful, defamatory, infringing, discriminatory, harassing, or obscene;
- Use the Service in a clinical, emergency, or professional medical capacity that requires HIPAA, CMIA, or other regulated safeguards — see Section 9;
- Resell, sublicense, or commercially exploit the Service without our prior written consent.
We may suspend or terminate your account for any violation of this Section or of these Terms generally (see Section 13).
8. Your Content; License You Grant Us
8.1 Your Content
"Your Content" means any information, text, audio recordings, photos, documents, scans, tasks, notes, categories, labels, or other materials you upload, create, or share through the Service, including information about a Care Recipient.
8.2 Ownership
As between you and Keepsake, you retain all rights in Your Content. We do not claim ownership of Your Content.
8.3 License to operate the Service
You grant Keepsake a worldwide, non-exclusive, royalty-free, sublicensable (solely to our service providers and subprocessors listed in the Privacy Policy) license to host, store, reproduce, modify (only as needed to deliver the Service — e.g., to transcribe audio, render thumbnails, or convert DOCX to PDF for preview), display, and transmit Your Content solely for the purpose of operating and providing the Service to you.
8.4 What we will NOT do with Your Content
- We will not use Your Content for advertising or marketing.
- We will not sell Your Content or share it for cross-context behavioral advertising.
- We will not use Your Content to train third-party AI models.
- We will not use Your Content for any purpose outside of operating the Service, except as described in Section 8.5.
8.5 Aggregated and de-identified data
We may create aggregated or de-identified data derived from Your Content — data that cannot reasonably be used to identify you or a Care Recipient — and use that data to improve the Service, diagnose bugs, and develop new features. Aggregated or de-identified data is not Your Content and is not subject to the license restriction in Section 8.4.
8.6 Internal staff access (limited scope)
As described in our Privacy Policy, Keepsake staff do not access medical documents, audio recordings, transcriptions, or the body text of notes that may contain sensitive medical, legal, or personal information. Staff access, where authorized, is limited to quality-assurance review of user-set metadata (account information, category labels, task titles and completion status, and usage events) and is de-identified where possible.
9. Keepsake Is Not a Medical, Legal, or Financial Service
9.1 Not a medical device; not professional advice
Keepsake is a consumer wellness and organization tool. It does not provide medical, legal, or financial advice. The Service is not a substitute for professional judgment. You should consult qualified professionals (physicians, attorneys, financial advisors) for advice specific to you or to a Care Recipient.
9.2 Not HIPAA-covered; not a medical record
Keepsake is not a HIPAA-covered entity and Keepsake is not a HIPAA-compliant medical record. The information you store in Keepsake is NOT protected by HIPAA, even though much of it may be health-related. Do not rely on Keepsake as your system of record for regulated medical or legal purposes. If you need a HIPAA-compliant record system, use one provided by your health-care provider.
9.3 No emergency use
Do not use Keepsake to report or manage a medical emergency. In an emergency, call 911 or your local emergency number. Do not rely on notifications, reminders, or other features of the Service for life-critical events.
9.4 California CMIA
California's Confidentiality of Medical Information Act (CMIA) can apply to consumer apps that handle medical information voluntarily disclosed by a consumer. Our handling of medical information you provide is described in our Privacy Policy. We do not disclose your medical information other than as described in that policy and will not use it for commercial purposes beyond operating the Service.
10. Third-Party Services
Keepsake relies on third-party service providers to host data, authenticate users (including by SMS one-time passcode and by Sign in with Apple or Sign in with Google), deliver SMS verification codes, store files, transcribe audio, monitor crashes and errors, and measure product usage. The current list of providers and the categories of data they receive are in Section 7 of our Privacy Policy. Your use of the Service is also subject to the terms of any third-party platform you access it through (for example, Apple's iOS or Google's Android, and the App Store or Google Play). We are not responsible for the acts or omissions of third-party platforms, and their terms govern your relationship with them.
11. Fees and Paid Features (Placeholder)
The Service is currently free of charge. We may introduce paid features or subscriptions in the future. If we do, the following will apply to those features:
- Billing provider. Paid features will be billed through a third-party payments processor (expected: Stripe). You will be shown pricing and terms before you purchase.
- Authorization. By purchasing a paid feature, you authorize Keepsake (through the billing provider) to charge your chosen payment method on the frequency disclosed at purchase (for example, monthly or annually).
- Auto-renewal. Subscriptions will auto-renew at the then-current price unless you cancel before the next renewal.
- Cancellation. You may cancel a subscription at any time through the App or through the applicable app store. Cancellation takes effect at the end of the current billing period.
- Refunds. Except where required by law, fees are non-refundable. For purchases made through the Apple App Store or Google Play, refund requests must be submitted through those platforms.
- Price changes. We may change prices with at least 30 days' notice. Continued use after a price change is acceptance of the new price.
- Taxes. You are responsible for any applicable taxes.
Until we activate paid features, the rest of this Section has no immediate effect. We will update these Terms before any charge is made.
12. Intellectual Property; Our License to You
Subject to your compliance with these Terms, Keepsake grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the App on a device you own or control and to access the Service for your personal, non-commercial use.
All rights not expressly granted to you are reserved by Keepsake. The "Keepsake" and "Keepsake" names, logos, and all other branding are our trademarks. Nothing in these Terms grants you any right to use our trademarks without our prior written consent.
13. Termination
13.1 Your right to terminate
You may stop using the Service at any time. To delete your account, email info@keepsakecares.com with the request and the email address associated with your account. The deletion process and timelines are described in our Privacy Policy.
13.2 Our right to terminate
We may suspend or terminate your access to the Service, with or without notice, if we believe you have violated these Terms, if we believe your use poses a risk to other users or to the Service, or if we are required to do so by law.
13.3 Effect of termination
On termination, your license to use the Service ends. Sections that by their nature should survive termination will survive, including Sections 5 (Authority), 8 (Your Content license grant, aggregated data, restrictions), 9 (No medical/legal/financial advice), 12 (our IP), 14 (Disclaimers and limitation of liability), 16 (Dispute resolution), and 17 (Miscellaneous).
14. Disclaimers and Limitation of Liability
14.1 Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. To the fullest extent permitted by law, Keepsake disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, accuracy, and any warranties arising from course of dealing or usage of trade.
Without limiting the foregoing, Keepsake does not warrant that the Service will be uninterrupted, secure, error-free, or that any transcription, summary, reminder, or other automated output is accurate. You are responsible for verifying any information stored in the Service before relying on it.
14.2 Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
(a) Exclusion of indirect damages. In no event will Keepsake, its officers, directors, employees, or agents be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost data, business interruption, loss of goodwill, or cost of substitute services, arising out of or in connection with your use of the Service, even if Keepsake has been advised of the possibility of such damages.
(b) Cap on direct damages. Keepsake's total cumulative liability under these Terms or in connection with the Service will not exceed the greater of (i) the total amount you have paid Keepsake for the Service in the twelve (12) months immediately preceding the event giving rise to the claim, or (ii) one hundred U.S. dollars (US$100).
(c) Exceptions. The exclusions and limitations in this Section 14.2 do not apply to liability that cannot be limited or excluded as a matter of law. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, the exclusions and limitations apply to the maximum extent permitted.
14.3 Your indemnity
You agree to defend, indemnify, and hold harmless Keepsake from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) Your Content, (b) your breach of Section 5 (Authority to Add a Care Recipient), (c) your violation of these Terms, and (d) your violation of any applicable law or the rights of any third party. We may assume the exclusive defense and control of any matter subject to your indemnification, in which case you agree to cooperate with our defense.
15. Changes to the Terms and the Service
15.1 Changes to the Terms
We may update these Terms from time to time. For material changes, we will notify you at least 30 days in advance by an in-app banner and an email to the address on your account. Non-material changes (for example, clarifying language or fixing typos) may take effect immediately. The "Last Updated" date at the top of these Terms reflects the most recent version. Continued use of the Service after the effective date of a change constitutes acceptance of the updated Terms; if you do not agree, you must stop using the Service and may close your account.
15.2 Changes to the Service
We may change, add, remove, or discontinue any feature of the Service at any time. If we discontinue the Service entirely, we will give you reasonable advance notice and a means to export or delete your data before shutdown.
16. Dispute Resolution; Arbitration; Class-Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
16.1 Informal resolution first
Before filing a claim, you agree to try to resolve the dispute informally by emailing info@keepsakecares.com with a description of the dispute and the resolution you seek. We'll attempt to resolve the dispute informally for at least 30 days before either party initiates formal proceedings.
16.2 Binding arbitration
If informal resolution fails, you and Keepsake agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by this Section. The arbitration will be conducted by a single neutral arbitrator. The arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
16.3 Location and format
The arbitration will take place in the county of your residence or, at your election, by telephone or video. You will not be required to travel outside of your home state for arbitration unless you choose to.
16.4 Class-action and jury-trial waiver
YOU AND KEEPSAKE WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding. If this waiver is found to be unenforceable, then the entirety of Section 16.2 is null and void as to the claims to which the waiver was held unenforceable, and those claims will proceed in court under Section 16.6.
16.5 30-day opt-out
You may opt out of this arbitration agreement (Section 16.2 and Section 16.4) by emailing info@keepsakecares.com within 30 days of first accepting these Terms. Your opt-out email must include your name, your account email address, and a clear statement that you are opting out of arbitration. Opting out will not affect any other provision of these Terms.
16.6 Small-claims carve-out and exceptions
Either party may bring an individual action in small-claims court for disputes within that court's jurisdiction. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual-property rights.
16.7 Governing law
These Terms and any dispute arising out of or related to them or the Service are governed by the laws of the State of California, without regard to its conflict-of-laws principles, and by applicable U.S. federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
16.8 Venue for non-arbitrable disputes
For any dispute not subject to arbitration (including disputes where Section 16.2 is held unenforceable), you and Keepsake consent to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California, except that until Keepsake has a registered principal place of business, we may elect to file or defend in the California county of our principal operations. You waive any objection based on lack of personal jurisdiction, improper venue, or inconvenient forum.
16.9 Time limitation
Any claim arising out of or related to these Terms or the Service must be brought within one (1) year after the claim arose; otherwise, the claim is permanently barred. This does not apply if longer periods are required by law.
17. Miscellaneous
17.1 Entire agreement
These Terms, together with the Privacy Policy and the Consumer Health Data Privacy Policy, are the entire agreement between you and Keepsake regarding the Service and supersede any prior agreements.
17.2 Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
17.3 No waiver
Our failure to enforce any right or provision will not be a waiver of that right or provision.
17.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets. Any assignment in violation of this Section is void.
17.5 Apple App Store and Google Play additional terms
If you download the App from the Apple App Store, the following additional terms apply:
- These Terms are between you and Keepsake only, not with Apple. Apple is not responsible for the App or its content.
- Your license is limited to use on an Apple-branded product that you own or control, as permitted by the Apple Media Services Terms.
- Apple has no obligation to furnish maintenance or support for the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App; Apple has no other warranty obligation.
- Apple is not responsible for addressing any product-liability, regulatory, or third-party claims related to the App.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, have the right (and are deemed to have accepted the right) to enforce these Terms against you.
If you download the App from Google Play, Google's Play Store terms also apply.
17.6 Notices
Notices to Keepsake must be sent to info@keepsakecares.com. We may send notices to you by email (to the address on your account), by in-app banner, or by any other reasonable method.
17.7 Force majeure
We are not liable for failure or delay caused by circumstances beyond our reasonable control, including natural disasters, acts of war, civil unrest, pandemic, labor disputes, power outages, or failure of third-party providers.
17.8 Contact
| For | |
|---|---|
| Privacy / arbitration opt-out / data-rights requests | info@keepsakecares.com |
| Support, account deletion, and general inquiries | info@keepsakecares.com |
By using Keepsake, you acknowledge that you have read, understood, and agree to these Terms.