Keepsake Terms of Service

PUBLIC BETA VERSION

IMPORTANT NOTICE: This is a placeholder Terms of Service document for use during the public beta period only. These terms are not final and will be replaced with comprehensive legal terms drafted by legal counsel. By using Keepsake during the beta period, you acknowledge and accept these placeholder terms and the fact that they are subject to change without notice.

Last Updated: October 23, 2025

1. Acceptance of Terms

By accessing or using Keepsake (the "Service"), available at www.keepsakeapp.io, you agree to be bound by these placeholder Terms of Service. If you do not agree to these terms, you must not use the Service. These terms constitute a binding agreement between you and Keepsake ("we," "us," or "our"), operated from Australia.

2. Beta Service Acknowledgment

You acknowledge and agree that:

  • The Service is currently in PUBLIC BETA and is provided on an experimental, "as-is" basis
  • The Service may contain bugs, errors, or defects that could cause system failures or data loss
  • Features, functionality, and availability may change at any time without notice
  • The Service may be discontinued at any time without prior notice
  • You use the beta Service entirely at your own risk

3. Beta Feedback Requirement

AS A CONDITION OF USING THE BETA SERVICE, YOU AGREE TO:

  • Provide feedback about your experience using the Service, including reporting bugs, errors, and issues
  • Respond to feedback requests from Keepsake in a timely manner
  • Grant Keepsake a perpetual, worldwide, royalty-free license to use any feedback you provide for any purpose without compensation or attribution
  • Acknowledge that failure to provide reasonable feedback may result in termination of your access to the beta Service

4. User Accounts and Eligibility

You must be at least 18 years old to use the Service. You are responsible for maintaining the security of your account credentials. You agree to provide accurate information when creating your account and to promptly update any information that becomes inaccurate. You are responsible for all activities that occur under your account.

5. User Content and License

You retain all ownership rights to photos and content you upload ("User Content"). By uploading User Content, you grant Keepsake a worldwide, non-exclusive, royalty-free license to use, store, display, and transmit your User Content solely for the purpose of providing and improving the Service. You represent and warrant that you own or have the necessary rights to all User Content you upload and that such content does not violate any third-party rights or applicable laws.

6. Data Backup and Loss

YOU ACKNOWLEDGE THAT THE BETA SERVICE MAY RESULT IN DATA LOSS OR CORRUPTION. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUP COPIES OF ALL PHOTOS AND CONTENT YOU UPLOAD TO THE SERVICE. WE STRONGLY RECOMMEND THAT YOU KEEP ORIGINAL COPIES OF ALL PHOTOS ON A SEPARATE DEVICE OR SERVICE. KEEPSAKE IS NOT RESPONSIBLE FOR ANY LOSS OF USER CONTENT FOR ANY REASON.

7. Privacy and Data Collection

During the beta period, we may collect usage data, technical information, and feedback to improve the Service. By using the Service, you consent to such data collection. We will handle your personal information in accordance with applicable privacy laws. A comprehensive Privacy Policy will be provided when the Service exits beta.

8. Prohibited Conduct

You agree not to:

  • Upload any illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content
  • Violate any intellectual property rights or privacy rights of others
  • Attempt to gain unauthorized access to the Service or related systems
  • Use the Service for any commercial purpose without prior written consent
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Use any automated means to access the Service without our express written permission

9. Intellectual Property

The Service, including its software, features, design, and content (excluding User Content), is owned by Keepsake and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our prior written consent.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEEPSAKE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEEPSAKE, ITS DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR USE OR INABILITY TO USE THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR DATA; (C) ANY INTERRUPTION OR CESSATION OF THE SERVICE; (D) ANY BUGS OR OTHER HARMFUL CODE; (E) ANY ERRORS OR OMISSIONS IN CONTENT; OR (F) ANY USER CONTENT OR CONDUCT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KEEPSAKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL KEEPSAKE'S TOTAL AGGREGATE LIABILITY EXCEED AUD $100 OR THE AMOUNT YOU PAID TO KEEPSAKE IN THE 12 MONTHS PRECEDING THE CLAIM, WHICHEVER IS LESS.

12. Australian Consumer Law

Nothing in these terms excludes, restricts, or modifies any guarantee, warranty, term, condition, right, or remedy implied or imposed by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded or limited. To the extent permitted by law, our liability for breach of any such non-excludable guarantee, warranty, term, or condition is limited to, at our option: (a) in the case of services, the re-supply of the services or payment of the cost of having the services re-supplied; or (b) in the case of goods, replacement, repair, or payment of the cost of replacement or repair.

13. Indemnification

You agree to indemnify, defend, and hold harmless Keepsake, its directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your use of the Service; (b) your User Content; (c) your violation of these terms; or (d) your violation of any rights of another party.

14. Termination

We reserve the right to suspend or terminate your access to the Service at any time, for any reason or no reason, without notice or liability. Upon termination, your right to use the Service will immediately cease. We may also delete your User Content at any time without notice. You may discontinue use of the Service at any time. Provisions of these terms that by their nature should survive termination shall survive, including but not limited to liability limitations, indemnification obligations, and dispute resolution provisions.

15. Changes to Terms

We reserve the right to modify these terms at any time. We will notify users of material changes by posting updated terms on the Service or through other reasonable means. Your continued use of the Service after such modifications constitutes your acceptance of the updated terms. During the beta period, these placeholder terms may be replaced entirely with final terms drafted by legal counsel.

16. Governing Law and Jurisdiction

These terms shall be governed by and construed in accordance with the laws of Australia and the state or territory in which Keepsake is registered, without regard to its conflict of law provisions. Any legal action or proceeding arising under these terms will be brought exclusively in the courts located in Australia, and you hereby consent to personal jurisdiction and venue therein.

17. Dispute Resolution

Any dispute arising out of or relating to these terms or the Service shall first be attempted to be resolved through good faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, either party may pursue resolution through the courts of Australia. To the extent permitted by law, you agree to pursue any claims on an individual basis and waive any right to participate in a class action or representative proceeding.

18. General Provisions

  • Severability: If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  • Entire Agreement: These terms constitute the entire agreement between you and Keepsake regarding the Service and supersede all prior agreements.
  • Waiver: No waiver of any term shall be deemed a continuing waiver or waiver of any other term.
  • Assignment: You may not assign or transfer these terms without our prior written consent. We may assign these terms without restriction.
  • Force Majeure: Keepsake shall not be liable for any failure to perform due to causes beyond its reasonable control.

19. Contact Information

For questions or concerns about these terms, please contact us at support@keepsakeapp.io or through the contact information provided on www.keepsakeapp.io.

Acknowledgement

BY USING KEEPSAKE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE PLACEHOLDER TERMS OF SERVICE.