KeptTerms

Terms of service.

The agreement between you and Kept when you use the service.

Kept, operated by Kept LLC (“Kept,” “we,” “us”), produces an automated repair-cost estimate from an inspection report PDF you upload. Estimates are informational only. They are not a contractor bid, not a licensed home inspection, and not legal, financial, or real-estate advice.

You must be at least 18 years old to use the service. By uploading a document, you represent that you have the right to share its contents with us, and you grant Kept a non-exclusive, worldwide, royalty-free license to use it to provide and improve the service.

You agree not to:

  • scrape, crawl, or use automated means to access the service;
  • reverse engineer, decompile, or attempt to extract the underlying pricing model, prompts, or methodology;
  • upload content you do not have the right to share;
  • redistribute memos in bulk or use them to power another product.

THE SERVICE AND ALL MEMOS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

To the fullest extent permitted by law, Kept disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. Kept does not warrant that the cost estimates in any memo will match the actual cost of any repair, or that the service will be uninterrupted, secure, or error-free.

TO THE FULLEST EXTENT PERMITTED BY LAW, KEPT’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNTS YOU PAID KEPT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL KEPT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF KEPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You will defend, indemnify, and hold harmless Kept and its officers, directors, employees, and agents from and against any third-party claims, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to the content you upload or your breach of these Terms.

Before filing a claim, you and Kept agree to attempt to resolve any dispute informally for 30 days by sending written notice to support@usekept.com. If the dispute is not resolved within that period, you and Kept agree that any claim arising out of or relating to these Terms or the service will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect.

YOU AND KEPT EACH AGREE THAT ANY DISPUTE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Notwithstanding the above, either party may bring an individual claim in small-claims court for disputes within that court’s jurisdiction, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the infringement, misappropriation, or violation of its intellectual-property rights.

These Terms are governed by the laws of the State of New Mexico, without regard to its conflict-of-laws principles.

Kept may modify these Terms or the service at any time. We will give reasonable notice of material changes. Your continued use of the service after a change constitutes acceptance of it.