Terms of Service &
General Conditions of Use

Section 01

Definitions

When used in these Terms, the following terms have the meanings set out below. Capitalised terms not defined here have the meanings given in the context in which they first appear.

Section 02

Acceptance & Formation of Contract

Binding Agreement

These Terms form a legally binding contract between you and Keeper. The primary and controlling way this Agreement is formed is your affirmative acceptance — tapping the "I Agree" checkbox/button presented during account registration within the App, which we log together with the date and the version of these Terms you accepted. As a secondary and backup basis, to the extent affirmative acceptance has not occurred, this Agreement is also formed and becomes binding upon the earliest of: (a) your creating a user account; (b) your downloading or installing the App; or (c) your accessing or using any part of the Service.

Capacity to Contract

By accepting these Terms, you represent and warrant that: (a) you are at least 13 years of age (or such higher age as required in your jurisdiction); (b) you have full legal capacity to enter into a binding agreement; (c) if you are accepting on behalf of a legal entity, you have authority to bind that entity; and (d) your use of the Service does not violate any applicable law or regulation.

Incorporation by Reference

The Privacy Policy (keeperapp.website/privacy) is incorporated into and forms part of this Agreement. In the event of conflict between these Terms and the Privacy Policy on matters of data protection, the Privacy Policy governs. On all other matters, these Terms govern.

Section 03

Service Description

Keeper is a family storytelling platform. The Service enables Users designated as Storytellers (typically parents, grandparents, or other family members) to receive one daily question and record a voice note response. Users designated as Listeners (typically adult children or other family members) may play back those voice note recordings within a private, shared Family Group.

The Service is provided as-is, as a platform and technological infrastructure only. We do not create, curate, moderate, verify, endorse, or guarantee any User Content. The emotional, relational, or archival value of recordings depends entirely on user participation and is outside our control.

The Service may evolve over time. Features described on our website or in promotional materials are illustrative of intent and are not contractual commitments to provide specific features at any particular time or in any particular form.

Section 04

Eligibility

To use the Service, you must satisfy all of the following requirements at the time of registration and continuously throughout your use:

• You are at least 13 years of age. If you are between 13 and 16 years of age and are located in the European Union or European Economic Area, you must have obtained verifiable parental or guardian consent prior to registering.
• You are not barred from receiving services under the laws of any applicable jurisdiction, including laws of Switzerland, the European Union, or the United States.
• You are not located in a country that is subject to a United States government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country.
• You are not listed on any U.S., EU, Swiss, or other applicable government list of prohibited or restricted parties.
• You have not previously been suspended or removed from the Service by Keeper for breach of this Agreement or applicable law.
• You are acting on your own behalf as an individual end user, or, if acting on behalf of a legal entity, you are duly authorised to bind that entity.

Keeper reserves the right to refuse Service to any person or entity at any time, for any reason or no reason, without liability.

Section 05

Account Registration & Security

Registration Obligations

To access the core features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to promptly update such information to keep it accurate, current, and complete. You acknowledge that Keeper may rely on your registration information and that inaccurate registration may result in immediate account suspension or termination without liability to you.

Account Security

You are solely and exclusively responsible for:

• Maintaining the confidentiality of your account credentials (email and password);
• All activities, actions, and omissions that occur under your account, whether or not authorised by you;
• Immediately notifying Keeper at support@keeperapp.website of any known or suspected unauthorised use of your account or any breach of security;
• Ensuring that you log out from your account at the end of each session on shared or public devices.

Keeper will not be liable for any loss, damage, or liability arising from your failure to maintain account security or from any authorised or unauthorised use of your account. You agree that Keeper may treat any action taken using your account credentials as having been taken by you, unless and until you have notified us of a security compromise.

One Account Per Person

Each User may maintain only one active account. Creating duplicate or false accounts is a breach of these Terms and may result in immediate suspension of all related accounts without notice.

No Transfer

Your account is personal to you. You may not transfer, sell, assign, or sublicense your account or any access rights thereunder to any third party.

Section 06

License Grant

Limited License to Users

Subject to your compliance with these Terms, Keeper grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to: (a) download and install the App on devices you own or control; and (b) access and use the Service solely for your personal, non-commercial family storytelling purposes.

Restrictions

This licence explicitly excludes, and you agree not to:

• Copy, modify, adapt, translate, reverse engineer, disassemble, decompile, or create derivative works based on the App or any part of the Service;
• Rent, lease, lend, sell, sublicense, assign, or otherwise transfer rights in the App or Service to any third party;
• Remove, alter, or obscure any proprietary notices, labels, or marks on the App;
• Use the Service for any commercial purpose or in any manner not expressly permitted by these Terms;
• Use any automated tool, bot, scraper, crawler, spider, or similar mechanism to access or extract data from the Service;
• Frame or mirror any portion of the Service on any other website or application;
• Use the Service in a manner that could damage, disable, overburden, or impair any Keeper server or network.

Reservation of Rights

All rights not expressly granted to you under these Terms are reserved by Keeper. This licence is revocable at any time and for any reason at Keeper's sole discretion. Keeper may modify, suspend, or discontinue the Service or any part thereof without notice and without liability.

Section 07

Acceptable Use Policy

You may only use the Service in accordance with these Terms, applicable law, and the spirit of Keeper's purpose: preserving authentic family stories and memories. You agree to use the Service in a manner that is lawful, respectful of other users, and consistent with the following principles:

• You will only record voice notes in circumstances where all persons whose voices are captured have consented to the recording and its storage and sharing within the Family Group;
• You will only invite persons to a Family Group who have provided their informed consent to join and to have their personal data processed under our Privacy Policy;
• You will not use the Service to record, store, or distribute any content that is unlawful, harmful, abusive, harassing, threatening, defamatory, obscene, sexually explicit, or otherwise objectionable;
• You will not use the Service for any purpose other than personal, non-commercial family storytelling;
• You will comply at all times with all applicable local, national, and international laws and regulations governing your use of the Service.

Section 08

Prohibited Conduct

The following conduct is strictly prohibited. Violation may result in immediate account termination and may expose you to civil and criminal liability:

• Impersonation: Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Harassment and abuse: Using the Service to harass, intimidate, bully, stalk, threaten, or harm any person;
• Illegal recordings: Recording any person without their knowledge and consent in jurisdictions where such consent is legally required;
• Malware: Uploading, transmitting, or distributing any virus, trojan, worm, malware, or other harmful or disruptive code or content;
• Interference: Attempting to gain unauthorised access to any part of the Service, any other user's account, or any computer system or network connected to the Service;
• Circumvention: Circumventing or attempting to circumvent any access control, security feature, or usage limitation of the Service;
• Data harvesting: Collecting, harvesting, or scraping any personal information of other users from the Service without their express consent;
• Commercial exploitation: Using the Service or any User Content for any commercial purpose, including but not limited to publishing recordings for profit, without Keeper's express written consent;
• Illegal content: Using the Service to store, transmit, or distribute any content that violates applicable law, including content that infringes intellectual property rights, violates privacy, constitutes defamation, or constitutes child sexual abuse material (CSAM) or any other content harmful to minors;
• Misrepresentation: Providing false registration information or misrepresenting your identity, age, or authority to act on behalf of another person;
• Platform abuse: Abusing support channels, submitting false reports, or engaging in any behaviour intended to manipulate or deceive Keeper or other users.

Keeper reserves the right — but not the obligation — to monitor, investigate, and take appropriate action (including account suspension, termination, and referral to law enforcement) in respect of any conduct it reasonably believes violates these Terms or applicable law. We are not liable for any failure to detect or take action against prohibited conduct.

Section 09

User Content & Intellectual Property

Ownership

You retain ownership of all intellectual property rights you hold in your User Content. These Terms do not transfer ownership of your User Content to Keeper.

Licence to Keeper

By uploading, recording, transmitting, or otherwise making available any User Content through the Service, you grant Keeper a worldwide, royalty-free, non-exclusive, sublicensable (solely to our service providers), irrevocable licence to:

• Store, process, reproduce, encode, and compress your User Content for the purpose of operating and maintaining the Service;
• Transmit and make your User Content available to authorised members of your Family Group as directed by you through the Service's functionality;
• Perform such technical operations on your User Content as are necessary to provide, improve, and secure the Service (e.g., format conversion, backup, encryption);
• Retain cached or backup copies of your User Content for the duration of any applicable retention period.

This licence does not grant Keeper any right to use your User Content for advertising, marketing, training AI/ML models, or any purpose beyond operating and providing the Service. This licence terminates upon deletion of your User Content from the Service, subject to reasonable backup retention periods as described in the Privacy Policy.

Your Representations and Warranties Regarding User Content

By submitting User Content, you represent and warrant on an ongoing basis that:

• You own or have all necessary rights, licences, consents, and permissions to submit the User Content and to grant the licence above;
• The User Content does not infringe, misappropriate, or violate the intellectual property rights, privacy rights, rights of publicity, moral rights, or any other rights of any third party;
• The User Content does not contain any material that is false, misleading, unlawful, defamatory, threatening, or otherwise harmful;
• You have obtained the explicit, informed consent of all persons whose voice, image, or personal information is captured in the User Content to its recording, storage, and sharing within the Family Group under these Terms and the Privacy Policy;
• The User Content complies with all applicable laws and regulations.

No Operator Liability for User Content

Section 10

Voice Recordings — Specific Terms

Consent Obligations

You acknowledge that recording any person's voice without their knowledge and consent may constitute a criminal offence or civil wrong under the laws of various jurisdictions — including, in Switzerland, Articles 179bis and 179ter of the Swiss Criminal Code (unauthorised recording of non-public conversations), GDPR and nDSG consent requirements, and, in the United States, wiretapping and eavesdropping laws and privacy laws. You are solely and exclusively responsible for obtaining all legally required consents before recording any person's voice using the Service.

Keeper is not responsible for and expressly disclaims all liability in connection with your failure to obtain required consents. By using the recording feature, you represent and warrant that you have obtained all necessary consents.

Recording of Minors

You must not record the voice of any person under the age of 13 without the explicit, verifiable consent of their parent or legal guardian. You must not record the voice of any person between 13 and 16 in the EU/EEA without appropriate parental consent as required by applicable law. Keeper is not liable for any recording of minors made without appropriate consent.

No Guarantee of Preservation

Keeper makes no warranty, representation, or guarantee that voice recordings will be preserved, stored, or remain accessible indefinitely or for any particular period of time. Recordings may be lost, corrupted, or become inaccessible due to technical failures, service disruptions, infrastructure changes, or account deletion. You are solely responsible for maintaining backup copies of any recordings that are important to you. Keeper shall not be liable for any loss, corruption, or unavailability of recordings for any reason.

Keeper's Right to Remove Recordings

Keeper reserves the right — but not the obligation — to remove any voice recording that we reasonably believe: (a) violates these Terms; (b) infringes the rights of any third party; (c) violates applicable law; or (d) poses a risk to the safety, security, or integrity of the Service or other users. We are not liable for any removal or non-removal of recordings.

Section 11

Family Groups

User Responsibility for Family Group Members

When you create or join a Family Group, or when you share an invite code with another person, you acknowledge that:

• You are responsible for ensuring that any person you invite to a Family Group has been informed of these Terms and the Privacy Policy and has consented to the processing of their personal data in accordance therewith;
• You are responsible for the conduct of Family Group members you have invited within the Service;
• Each Family Group member independently agrees to these Terms upon creating their account. Keeper does not create an agency, joint venture, or other relationship between Family Group members or between Family Group members and Keeper;
• Keeper is not a party to any family relationship, dispute, or arrangement that may exist between Family Group members and has no obligation to mediate or resolve any such disputes.

Keeper's Non-Liability for Intra-Family Disputes

Invite Code Distribution

You are solely responsible for all use of invite codes you share. Do not share invite codes with persons you do not intend to include in your Family Group. Keeper cannot reverse a Family Group membership once established and is not liable for any unauthorised access to Family Group content resulting from your sharing of an invite code.

Section 12

Fees, Storage & Future Paid Features

Current Free Access

As of the current version of the Service, certain features — including recording and playing back voice notes — are provided at no charge for an initial period. The existence of a free access period at any given time does not constitute a permanent entitlement to free use and does not create any vested right, contractual obligation, or legitimate expectation that the Service will remain free in whole or in part.

Right to Introduce Paid Storage and Other Fees

Keeper expressly reserves the right, at its sole discretion and at any time, to:

• Introduce fees for the storage of voice recordings and other User Content, including fees that apply to recordings made or stored during any prior free period;
• Introduce Subscription plans, one-time purchase options, or other payment mechanisms for access to any feature of the Service;
• Impose storage limits, recording limits, or other usage caps on free accounts;
• Transition the Service, in whole or in part, from a free model to a paid model;
• Offer tiered plans with different storage capacities, feature sets, or usage allowances at different price points;
• Offer one-time or periodic paid products related to User Content (including, by way of example only, printed memory books or digital archives).

The specific terms, pricing, billing intervals, and feature sets of any paid plans will be communicated to you at the time they are introduced and will be subject to the notice provisions below. Current pricing, if any, is set out in the App and on our website, and may change at any time.

Notice Before Introducing or Changing Fees

Before introducing fees for features that were previously free, or before materially changing existing fees, Keeper will provide notice as follows:

• Minimum 30 days' advance notice via in-app notification and/or email to your registered address, before any new fee or material fee change takes effect;
• The notice will specify: (a) the nature of the new fee or change; (b) the effective date; (c) the amount or basis of the fee; and (d) your right to cancel your account if you do not wish to pay.

For users in the EU, EEA, and Switzerland, where mandatory consumer protection law requires a longer notice period or additional rights before fees are introduced for a previously free service, those mandatory rights apply and are not excluded by this clause.

Consequences of Non-Payment

If a fee is introduced and you do not pay it by the applicable deadline, Keeper follows this sequence: (a) for at least 60 days after the fee change takes effect (per the 30-day advance notice above) or after non-payment first occurs, whichever is later, your existing User Content remains fully accessible and exportable, and is not restricted or deleted; (b) after that 60-day period, if you still have not paid, Keeper may restrict access to the affected features and User Content; (c) Keeper will not permanently delete User Content subject to a storage fee for non-payment until at least a further 30 days have passed after access was restricted under (b), and will give you clear notice before doing so. This sequence gives you a real opportunity to export your own content before any restriction or deletion takes effect. Subject to the guarantees in this Section, Keeper is not liable for any loss of User Content resulting from your non-payment of applicable fees following the notice and grace periods described above.

No Refunds for Previously Free Period

The introduction of fees for previously free features does not entitle you to any refund, credit, or compensation in respect of your prior use of the Service during the free period. Prior free use was provided gratuitously and does not give rise to any monetary claim against Keeper.

Automatic Renewal

Where Keeper offers recurring Subscription plans, such plans will automatically renew at the end of each billing period at the then-current price, unless you cancel before the renewal date via your App Store subscription management settings. It is your responsibility to cancel a Subscription if you do not wish it to renew.

Taxes

All prices are stated exclusive of any applicable taxes (including VAT, GST, sales tax, or similar). You are responsible for all taxes applicable to your use of the Service. Where applicable, Apple or Google collect and remit taxes as part of their respective App Store billing operations.

Section 13

In-App Purchases via Apple App Store

All purchases made within the iOS version of the App are processed exclusively through Apple's In-App Purchase ("IAP") system, operated by Apple Inc. By making any purchase through the App, you agree to Apple's App Store Terms of Service and payment terms in addition to these Terms.

Keeper's Disclaimer Regarding Apple IAP

Keeper is not responsible for and expressly disclaims all liability in connection with: (a) any failure, error, or malfunction of Apple's IAP system; (b) any double charge, over-charge, or billing error by Apple; (c) any failure by Apple to process, cancel, or refund a purchase; (d) any change to Apple's App Store policies that affects the availability or pricing of Subscriptions; or (e) the removal of the App from the App Store by Apple, which may affect access to purchased features.

For Android purchases (Google Play), equivalent terms apply with respect to Google Play's billing system.

Section 14

Refunds, Cancellation & Consumer Rights

Apple Refund Policy

For iOS, all refund requests are governed by Apple's refund policy. Keeper does not control and has no authority over Apple's refund decisions. To request a refund for an iOS purchase, visit reportaproblem.apple.com. Keeper is not liable for Apple's refusal of any refund request.

Cancellation

You may cancel a recurring Subscription at any time through your Apple ID subscription management settings (iOS: Settings → [Your Name] → Subscriptions). Cancellation takes effect at the end of the current billing period. You will retain access to paid features until expiry of the paid period. No partial-period refunds are provided except where required by mandatory applicable law.

EU / EEA / Swiss Consumers — Statutory Rights

If you are a consumer in the EU, EEA, or Switzerland, you may have statutory rights that cannot be excluded by contract, including rights under the EU Consumer Rights Directive (2011/83/EU) and corresponding national implementing laws, or the Swiss Code of Obligations. Specifically:

• Right of withdrawal (14-day cooling-off period): EU/EEA/Swiss consumers have a 14-day right of withdrawal from distance contracts. However, by expressly requesting and receiving access to digital content (the Service) before the withdrawal period expires, and by acknowledging that you thereby lose your right of withdrawal, you waive this right upon commencement of your Subscription. A specific acknowledgement of this waiver is presented at the point of purchase.
• Conformity: If the Service materially fails to conform to what was agreed, you may have remedies under applicable consumer law. These rights are in addition to, and not limited by, these Terms to the extent mandatory law applies.

Nothing in these Terms is intended to and does not exclude or limit any rights you may have under mandatory applicable consumer protection laws.

Section 15

Service Availability & Continuity

Data Loss

Keeper is not liable for any loss, corruption, deletion, or inaccessibility of voice recordings or other User Content resulting from any cause, including technical failures, migration errors, account deletions, capacity limitations, or service discontinuation. You acknowledge that digital data is inherently fragile and that permanent loss is always a possibility. You bear sole responsibility for maintaining independent copies of recordings that matter to you.

Service Discontinuation

Keeper reserves the right to discontinue the Service, in whole or in part, permanently or temporarily, at any time and for any reason, including commercial or operational reasons, without liability. In the event of permanent discontinuation, we will endeavour (but are not obligated) to provide at least 30 days' notice via in-app notification and/or email, and to provide a data export mechanism where reasonably practicable.

Section 16

Modifications to the Service & These Terms

Modifications to the Service

Keeper reserves the right at any time and without prior notice to: (a) add, modify, suspend, or remove any features, functionality, or content of the Service; (b) impose new or additional restrictions on use of the Service or any features thereof; (c) change the free tier features, limitations, or pricing; and (d) discontinue the Service or any portion thereof. We are not liable to you or any third party for any such modification, suspension, or discontinuation.

Modifications to These Terms

Keeper may update these Terms at any time. We will notify you of material changes by: (a) updating the "Last Updated" date at the top of these Terms; (b) displaying a prominent notice in the App; and/or (c) sending notice to your registered email address. Your continued use of the Service after the effective date of any updated Terms constitutes your acceptance of the updated Terms. If you do not agree to updated Terms, you must stop using the Service.

For users in the EU/EEA/Switzerland, changes to terms that are to your material detriment will be notified at least 30 days in advance, and you will have the option to cancel without penalty during this period.

Section 17

Third-Party Services & Links

The Service relies on or integrates with the following third-party services: Supabase (database and storage infrastructure), Apple App Store (distribution and payment), Google Play Store (distribution and payment), and Expo/EAS (build infrastructure). Your use of these third-party services is subject to their respective terms of service and privacy policies, over which Keeper has no control.

The Service may contain links to third-party websites or services. These links are provided for convenience only. Keeper has no control over such websites or services and is not responsible for their content, privacy practices, or terms of use. Accessing third-party websites via links in the Service is at your own risk.

Section 18

Disclaimer of Warranties

Emotional Value Disclaimer

Keeper acknowledges that voice recordings may have significant personal and emotional value to users. However, we make no warranty, representation, or guarantee regarding the permanence, accessibility, or emotional significance of recordings stored through the Service. The loss or unavailability of recordings for technical or other reasons does not constitute a breach of any implied warranty of emotional preservation or sentimental value. Users who wish to ensure the permanent preservation of recordings must maintain independent backup copies.

Section 19

Limitation of Liability

Aggregate Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE KEEPER PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, OR YOUR USE THEREOF SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO KEEPER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED SWISS FRANCS (CHF 100). IF YOU HAVE PAID NOTHING, THE KEEPER PARTIES' MAXIMUM AGGREGATE LIABILITY IS CHF 100.

Multiple Claims

The existence of more than one claim will not enlarge or extend this limit. You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between Keeper and you, and that Keeper would not provide the Service absent such limitations.

Data and Recordings Loss

WITHOUT LIMITING THE FOREGOING, KEEPER IS NOT LIABLE FOR ANY LOSS OR CORRUPTION OF VOICE RECORDINGS, REGARDLESS OF THE CAUSE, THE EMOTIONAL OR SENTIMENTAL SIGNIFICANCE OF THE RECORDINGS, THE LENGTH OF TIME THEY WERE STORED, OR ANY REPRESENTATIONS MADE IN MARKETING MATERIALS ABOUT THE SERVICE BEING A PLACE TO PRESERVE STORIES "FOREVER". THE WORD "FOREVER" AND SIMILAR LANGUAGE IN MARKETING MATERIALS IS ASPIRATIONAL AND DOES NOT CONSTITUTE A CONTRACTUAL GUARANTEE OF PERPETUAL STORAGE.

Exclusions from Limitation

Nothing in this Section limits our liability for: (a) loss or damage caused by our unlawful intent or gross negligence, generally and not only where it causes death or personal injury, consistent with Article 100 of the Swiss Code of Obligations (CO), which voids any advance waiver of liability for intent or gross negligence; (b) death or personal injury caused by our gross negligence or wilful misconduct; (c) fraud or fraudulent misrepresentation; (d) any liability that cannot be excluded under mandatory applicable law, including without limitation the right to compensation for infringement of the GDPR under Article 82 GDPR and the equivalent right under the Swiss nDSG; or (e) any statutory rights of consumers in Switzerland, the EU, or EEA that cannot be waived by contract. The limitations of liability in this Agreement, including the exclusions of consequential and data-loss damages above, apply only to the extent consistent with Article 100 CO and only to the fullest extent that applicable law otherwise permits them to apply.

Force Majeure

Keeper is not liable for any failure or delay in performance due to any cause beyond our reasonable control, including: acts of God; natural disasters; pandemic or epidemic; acts of war, terrorism, or civil unrest; government actions or regulations; failure of third-party service providers (including Supabase, AWS, Apple, or Google); internet or telecommunications infrastructure failures; power outages; or cyberattacks.

Section 20

User Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend (at Keeper's option), and hold harmless the Keeper Parties from and against any and all claims, demands, actions, proceedings, liabilities, losses, damages, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees and legal costs) ("Losses") arising out of or in connection with:

• Your use of the Service or any use made of the Service under your account, whether authorised by you or not;
• Your User Content, including any claim that your User Content infringes the intellectual property rights, privacy rights, rights of publicity, or other rights of any third party;
• Your breach of any representation, warranty, covenant, or obligation under these Terms;
• Your violation of any applicable law or regulation, including applicable recording consent laws, privacy laws, and intellectual property laws;
• Your failure to obtain consent from any person whose voice, image, or personal data appears in your User Content;
• Any claim by a Family Group member or third party arising from your invitation of them to join a Family Group;
• Any claim by a third party that your use of the Service infringed their rights or caused them harm;
• Any claim related to recordings of minors without proper consent;
• Your wilful misconduct, fraud, or dishonest act in connection with the Service;
• Any third-party claim against an Apple Indemnified Party (as defined in the Apple Developer Program License Agreement) to the extent such claim arises from your use of the Service, including claims of product liability, consumer protection law violations, intellectual property infringement, or non-compliance with applicable law.

Keeper reserves the right, at its own expense, to assume exclusive control of the defence and settlement of any matter subject to indemnification by you, in which case you agree to cooperate fully with us. You may not settle any claim that imposes any obligation or restriction on a Keeper Party without our prior written consent.

This indemnification obligation survives termination or expiry of this Agreement and your use of the Service.

Section 21

Keeper Intellectual Property

The Service and all Keeper Content, including without limitation the App, software, question database, question sequences, design elements, graphics, user interface, trademarks, service marks, trade names, logos (including the Keeper wordmark and heart icon), and all other intellectual property rights therein, are the exclusive property of Keeper or its licensors and are protected by applicable intellectual property laws, including copyright, trademark, patent, and trade secret laws.

Nothing in these Terms constitutes a transfer or assignment of any intellectual property rights to you. The licence granted in Section 6 is the full extent of rights granted to you. Any use of Keeper Content outside the scope of the licence granted herein — including copying, redistribution, or creation of derivative works — is strictly prohibited and constitutes infringement.

Keeper's name, logo, and all related marks are trademarks of Keeper. You may not use these marks without Keeper's prior written consent.

Section 22

Copyright / DMCA Notices

Keeper respects the intellectual property rights of others and expects users to do the same. The notice-and-action process below is described using the framework of the US Digital Millennium Copyright Act ("DMCA") because it is a widely understood standard, but it is the mechanism we use for copyright complaints from any user, regardless of jurisdiction. For users in Switzerland, rights under the Swiss Copyright Act (URG/LDA) also apply; for users in the EU/EEA, the notice-and-action mechanisms under the EU Digital Services Act also apply, in addition to (not instead of) the process described below. If you believe that any User Content on the Service infringes your copyright, please send a notice containing all of the following to legal@keeperapp.website:

• Your physical or electronic signature;
• Identification of the copyrighted work you claim has been infringed;
• Identification of the material claimed to be infringing, with sufficient information for us to locate it;
• Your contact information (name, address, telephone, email);
• A statement that you have a good faith belief that the use is not authorised by the copyright owner, its agent, or the law;
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on their behalf.

Keeper will review valid notices and take appropriate action, which may include removing or disabling access to the infringing content. Repeat infringers' accounts will be terminated.

Counter-notices may be submitted in accordance with applicable law. Keeper is not liable for any action taken or not taken in response to a copyright notice or counter-notice.

Section 23

Suspension & Termination

Termination by You

You may terminate your account at any time by: (a) using the account deletion function in the Settings screen of the App; or (b) contacting us at support@keeperapp.website. Using the in-app function schedules your account and User Content for deletion 30 days from your request rather than deleting it immediately — your account remains fully intact and usable during this window, and you can cancel the request at any time before it takes effect from the Settings screen, where a banner shows the scheduled date and a "Keep my account" option. Before or during this window, you can export your own User Content at any time via Settings → Export my data (see Section 23's "Your Right to Export Before Deletion" for what this includes). Termination does not entitle you to a refund of any prepaid Subscription fees except as provided under mandatory applicable law.

Termination or Suspension by Keeper

Keeper may, in its sole and absolute discretion, with or without notice, and without liability to you or any third party:

• Suspend or terminate your account and access to the Service if you breach or we reasonably suspect you have breached any provision of these Terms;
• Suspend or terminate your account for any business or operational reason, including commercial reasons;
• Suspend your account pending investigation of a suspected breach or violation;
• Remove or delete any User Content that we reasonably determine violates these Terms or applicable law;
• Terminate the Service entirely with or without notice.

Your Right to Export Before Deletion

Except where your User Content is removed or your account is terminated for illegal content (including content that violates Section 8's prohibition on unlawful material, such as CSAM, or a valid DMCA takedown under Section 22), if Keeper terminates or suspends your account, you will have at least 30 days from the date of termination or suspension to export your own User Content, using the app's available export features (Settings → Export my data, which produces a single file containing your actual recordings, not time-limited links to them) or by requesting an export via support@keeperapp.website, before that content may be permanently deleted.

Effect of Termination

Upon termination of your account for any reason: (a) the licence granted to you under Section 6 terminates immediately; (b) you must cease all use of the Service and delete the App from your devices; (c) accrued rights and liabilities of the parties are not affected; (d) provisions of these Terms that by their nature should survive termination shall survive, including Sections 1, 9, 10, 18, 19, 20, 21, 25, 26, and 27.

Section 24

Apple Inc. as Third-Party Beneficiary

This Section applies to users who downloaded the App from Apple's App Store and is required by the Apple Developer Program License Agreement.

You acknowledge and agree that:

• These Terms are concluded between you and Keeper only, and not with Apple Inc. ("Apple"). Apple is not a party to these Terms and is not responsible for the App or its content;
• Keeper, not Apple, is solely responsible for the App and its content;
• Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App;
• In the event that the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Keeper's sole responsibility;
• Keeper, not Apple, is responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and/or use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation;
• In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Keeper, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim;
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, 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 must also comply with all applicable third-party terms when using the App (e.g., your wireless carrier agreement).

Section 25

Dispute Resolution & Binding Arbitration

Informal Resolution First

Before initiating any formal dispute resolution process, you agree to first contact Keeper at legal@keeperapp.website and describe the dispute in reasonable detail, including the relief sought. The parties agree to make good-faith efforts to resolve the dispute informally within 30 days of the date of that notice (the "Informal Resolution Period"). Neither party may initiate formal proceedings until the Informal Resolution Period has expired without resolution, unless the dispute involves imminent irreparable harm.

Binding Arbitration — Switzerland & Users Outside the EU/EEA/UK

If informal resolution fails, and you are located in Switzerland or in a jurisdiction other than the EU, EEA, or UK, any dispute, controversy, or claim arising out of or relating to these Terms or the Service, including questions regarding their existence, validity, breach, or termination, shall be submitted to and finally resolved by binding arbitration administered by the Swiss Chambers' Arbitration Institution (SCAI) under its rules in force at the time of the dispute, by a sole arbitrator, conducted in the English language, seated in Geneva, Switzerland. The arbitrator, and not any court, shall have exclusive authority to resolve any dispute regarding the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this arbitration agreement is void or voidable. The arbitral award shall be final and binding on the parties and may be enforced in any court of competent jurisdiction.

Exceptions to Arbitration

The following disputes are excluded from arbitration and may be brought in the courts specified in Section 27: (a) claims for urgent injunctive or interim relief to prevent irreparable harm; (b) small claims that qualify for resolution in applicable small claims courts; (c) claims relating to Keeper's intellectual property rights.

Right to Opt Out of Arbitration — Switzerland & Users Outside the EU/EEA/UK

If binding arbitration applies to you under this Section, you may opt out of it by sending written notice to legal@keeperapp.website within 30 days of first creating your account, stating clearly that you wish to opt out of binding arbitration. If you opt out in accordance with this procedure, neither you nor Keeper will be required to arbitrate disputes under this Section, and disputes will instead be resolved in the courts specified in Section 27, but all other provisions of this Agreement will continue to apply.

EU / EEA / UK Consumers — Arbitration Is Opt-In, Not the Default

If you are a consumer habitually resident in the European Union, the European Economic Area, or the United Kingdom, the binding arbitration described above does not apply to you by default. Instead, consistent with the Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (which governs jurisdiction between Switzerland and EU/EEA/UK states) and, where applicable, the EU's Brussels I Recast Regulation, any dispute arising out of or relating to these Terms or the Service shall by default be resolved in the competent courts of your own country of domicile.

You may instead affirmatively choose binding SCAI arbitration as described above, either (a) by written election sent to legal@keeperapp.website within 30 days of first creating your account, or (b) by mutual written agreement with Keeper at the time a specific dispute arises. If you make this election, the SCAI arbitration process and delegation clause described above apply to you, except that proceedings may, at your election, be conducted in English, French, or German — whichever is the language of the version of these Terms you accepted — rather than English only.

This Section does not deprive you of any mandatory rights you may have under applicable consumer protection law to bring proceedings in the courts of your country of habitual residence, or to access alternative dispute resolution schemes mandated by applicable law (including the EU ODR platform at ec.europa.eu/consumers/odr).

Section 26

Individual Resolution of Claims

If any part of this Section is found unenforceable against a particular consumer under mandatory applicable law, that part is severed as to that consumer only, and the remainder of this Agreement continues in full force and effect.

Section 27

Governing Law & Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Switzerland, specifically the Swiss Code of Obligations (CO/OR), without regard to its conflict of law provisions.

Subject to the arbitration clause in Section 25, the courts of Geneva, Switzerland shall have exclusive jurisdiction to settle any dispute or claim that is not referred to arbitration.

Consumer Mandatory Rights

If you are a consumer in the European Union or European Economic Area, you benefit from any mandatory provisions of the law of your country of residence. Nothing in these Terms affects your rights as a consumer to rely on such mandatory local law provisions. In particular, EU Directive 93/13/EEC on unfair terms in consumer contracts applies, and any term of these Terms found to be unfair thereunder shall be unenforceable to that extent.

If you access the Service from a jurisdiction other than Switzerland or the EU/EEA, you retain any mandatory consumer-protection rights under the law of your own jurisdiction that cannot be waived by this Agreement, to the extent such rights apply.

Exclusion of CISG

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded from and does not apply to these Terms.

Section 28

General Legal Provisions

Entire Agreement

These Terms, together with the Privacy Policy and any Subscription terms, constitute the entire agreement between you and Keeper with respect to the Service and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral, relating to the subject matter hereof.

Severability

If any provision of these Terms is held by a court or arbitral tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. The invalidity of any provision does not affect the validity of the remaining provisions.

No Waiver

Keeper's failure to enforce any provision of these Terms or to exercise any right or remedy shall not constitute a waiver of that provision, right, or remedy and shall not prevent Keeper from exercising that provision, right, or remedy on any future occasion.

Assignment

You may not assign or transfer any rights or obligations under these Terms without Keeper's prior written consent. Keeper may assign these Terms, or any rights or obligations hereunder, without restriction, including in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of Keeper's assets. Any purported assignment by you in violation of this provision is void.

Relationship of the Parties

Nothing in these Terms creates or is intended to create a partnership, joint venture, agency, employment, or fiduciary relationship between you and Keeper. You have no authority to bind Keeper and shall not hold yourself out as having such authority.

Notices

Notices from Keeper to you will be provided via in-app notification, push notification, or email to your registered address. Notices from you to Keeper must be sent to legal@keeperapp.website. Notices are deemed received: if by in-app notification, immediately upon display; if by email, 24 hours after sending (unless a delivery failure notice is received).

Language

These Terms are written in English. If they are translated into any other language, the English version shall prevail in the event of any inconsistency or dispute.

Headings

Section headings in these Terms are for convenience only and have no legal or contractual effect.

No Third-Party Rights

Except as expressly provided in Section 24 (Apple as Third-Party Beneficiary), these Terms do not confer any rights or remedies on any third party. Nothing in these Terms is intended to create any third-party beneficiary rights.

Export Compliance & Sanctions

You agree to comply with all applicable export control and sanctions laws and regulations in your use of the Service. As a Geneva-based operator, this includes in particular Swiss sanctions law as administered by the State Secretariat for Economic Affairs (SECO) and applicable EU sanctions regimes, in addition to the export control and sanctions frameworks of the United States and any other applicable jurisdiction. You represent and warrant that you are not located in a country subject to an applicable export embargo or comprehensive sanctions regime, and that you are not listed on any applicable restricted or sanctioned party list (Swiss, EU, US, or otherwise).

Section 29

Contact Information

For any questions, concerns, or legal notices regarding these Terms or the Service, please contact us: