Terms of Service

Welcome to Kept. These Terms of Service ("Terms") govern your use of the AI receptionist, customer communication, scheduling, automation, and related business services provided by Rolling Willow LLC, a Nevada limited liability company doing business as Kept ("Kept," "we," "our," or "us").

By purchasing a subscription, starting a free trial, submitting onboarding information, downloading or using related applications, or otherwise using our services, you agree to these Terms. If you do not agree, please do not use our services.

1. Eligibility

Kept is intended for business use only, including small businesses, independent professionals, consultants, contractors, and solopreneurs.

By using our services, you represent and warrant that:

• You are at least 18 years old;
• You have the authority to enter into these Terms on behalf of yourself or your business;
• The information you provide is accurate, complete, and current.

2. Description of Services

Kept provides AI-powered receptionist and customer communication services designed to help businesses engage with leads and customers through automated conversations, appointment scheduling, follow-up communications, and related business functions.

As part of onboarding, clients may provide business verification information, including Tax Identification Numbers (EINs), for purposes including business verification, telecommunications registration requirements, A2P 10DLC registration, and related compliance obligations.

Kept configures and manages these services on behalf of clients using third-party technology providers and communication tools.

Certain communications generated through the services utilize artificial intelligence. Kept's AI receptionist is configured to identify itself as an AI when interacting with callers. While we take reasonable measures to ensure accuracy and usefulness, AI-generated responses may not always be accurate, complete, or appropriate for every situation.

You remain responsible for reviewing service performance, monitoring communications, and ensuring that communications are appropriate for your business and comply with applicable laws.

3. Call Recording

All calls handled through the Kept service may be recorded. Call recordings are used to:

• Provide and improve the services;
• Allow clients to review call performance;
• Train and refine AI models used in delivering the services;
• Resolve disputes and address support inquiries.

Call recordings are retained for ninety (90) days from the date of the call. After that period, recordings are deleted or anonymized.

Call recording laws vary by jurisdiction. Some states and countries require that all parties to a call consent to recording ("two-party" or "all-party" consent states). You are solely responsible for:

• Determining the consent requirements applicable to your business and the jurisdictions in which you operate;
• Obtaining any legally required consents prior to using the services;
• Providing required disclosures to callers, such as informational greetings notifying callers that the call may be recorded.

Kept is not responsible for your failure to comply with applicable call recording laws. By using the services, you represent that you have obtained or will obtain all required consents and that your use of call recording features complies with applicable law.

4. Client Information and Onboarding

You agree to provide accurate and complete information during onboarding and throughout your subscription. You represent and warrant that:

• The information you provide is accurate and current;
• You have authority to provide such information on behalf of your business;
• You will promptly notify Kept of material changes to your business information.

Kept may rely on information provided during onboarding when configuring and operating the services.

5. Subscription Services

Kept provides its services on a subscription basis. Available subscription plans, pricing, included features, communication volumes, and other service details are described on our pricing page and may be updated from time to time. The services available to you depend on the subscription plan selected. Kept reserves the right to modify service offerings, features, functionality, and plan structures from time to time.

6. Free Trials

Kept may offer free trial periods from time to time. A valid payment method may be required to begin a free trial. Unless otherwise stated, at the conclusion of a free trial period your subscription will automatically convert to a paid subscription and your payment method will be charged unless canceled before the trial period ends. Kept may modify, limit, discontinue, or change free trial offers at any time.

7. Billing and Payments

You agree to provide and maintain accurate billing information, including a valid payment method. Subscription fees are billed in advance beginning on the date services commence or immediately following any applicable free trial period. Subscriptions automatically renew at the end of each billing cycle unless canceled. If payment cannot be processed, Kept may suspend services until payment is received. You are responsible for any taxes associated with your subscription except taxes based on Kept's income.

8. Cancellation and Refunds

You may cancel your subscription at any time. Upon cancellation:

• Future recurring charges will stop;
• Services will remain active through the end of the current billing period;
• No refunds or partial refunds will be issued for unused portions of a billing period unless required by applicable law.

9. Pricing Changes

Kept may modify subscription fees and pricing from time to time. For existing subscribers, Kept will provide at least thirty (30) days' notice before any pricing changes become effective. Continued use of the services after the effective date of a pricing change constitutes acceptance of the revised pricing.

10. Acceptable Use

You agree not to use the services to:

• Violate any applicable law or regulation;
• Send spam or unlawful communications;
• Engage in fraud, harassment, deceptive practices, or abusive conduct;
• Upload, provide, or authorize the use of customer information without appropriate permission or legal authority;
• Violate privacy rights or intellectual property rights;
• Reverse engineer, copy, reproduce, modify, or attempt to derive underlying technology used by Kept or its service providers;
• Use the services to develop, train, support, or build a competing product or service;
• Transmit malware, harmful code, or malicious content;
• Interfere with or disrupt the operation of the services.

11. Communications Compliance

You are solely responsible for ensuring that all communications conducted through the services comply with applicable laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and applicable state communication and consumer protection laws.

You represent and warrant that:

• You have obtained all necessary consents, permissions, and authorizations required to contact your customers, leads, and other recipients, including TCPA-compliant written consent for text messages where required;
• All telephone numbers and contact information you provide have been lawfully obtained;
• You will honor all opt-out requests promptly and in accordance with applicable law.

Kept does not provide legal advice and does not guarantee that use of the services will satisfy any legal or regulatory requirements applicable to your business.

12. AI Disclosure

Kept's services utilize artificial intelligence to conduct conversations with your customers and prospects. By default, Kept's AI receptionist is configured to identify itself as an AI when interacting with callers.

Certain jurisdictions may impose legal requirements governing disclosure of AI-generated or automated communications. You are solely responsible for:

• Determining what AI disclosure obligations apply in the jurisdictions where you operate;
• Ensuring that any required disclosures are provided to your customers;
• Reviewing and approving AI-generated communications to ensure they are appropriate for your business.

Kept does not guarantee that the default AI identification configuration will satisfy all applicable legal requirements in your jurisdiction.

13. No Guarantee of Results

Kept provides tools and services intended to help businesses communicate more efficiently with customers and prospects. However, Kept does not guarantee lead generation results, appointment bookings, revenue growth, customer conversion rates, customer retention, response times, or any specific business outcome. Business results depend on many factors beyond Kept's control.

14. Third-Party Services

Kept utilizes third-party software, telecommunications providers, artificial intelligence providers, payment processors, and related technologies to deliver services. Certain functionality may be provided through third-party applications and related communication tools. Your use of third-party applications may also be subject to separate terms, conditions, and privacy policies provided by those third parties. Kept is not responsible for interruptions, outages, service limitations, or failures caused by third-party providers.

15. Force Majeure

Kept shall not be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure is caused by circumstances beyond Kept's reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, telecommunications or internet outages, third-party service provider failures, power outages, or other force majeure events. In such circumstances, Kept's obligations will be suspended for the duration of the relevant event.

16. Client Data

You retain ownership of information you provide to Kept. You grant Kept permission to use, store, process, transmit, and manage such information solely for purposes of configuring, operating, supporting, maintaining, and improving the services. Kept may retain Client Data after termination for a reasonable period, including up to ninety (90) days, to facilitate client requests, data recovery, dispute resolution, legal compliance, security, and business operations. Call recordings are retained for ninety (90) days from the date of the call.

You represent and warrant that you have all necessary rights and permissions to provide such information, and that your provision of such information does not violate applicable laws or third-party rights.

17. Intellectual Property

Kept and its licensors own all rights, title, and interest in the services, software, branding, trademarks, content, designs, and technology used in connection with the services. These Terms do not transfer ownership of any intellectual property rights to you.

18. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEPT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND UNINTERRUPTED AVAILABILITY.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEPT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. KEPT'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO KEPT DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

20. Indemnification

You agree to defend, indemnify, and hold harmless Kept and its owners, officers, employees, contractors, affiliates, and agents from and against any claims, damages, liabilities, losses, costs, and expenses arising out of:

• Your use of the services;
• Your communications with customers or prospects;
• Your failure to obtain required call recording consents;
• Your violation of these Terms;
• Your violation of applicable laws or regulations, including TCPA and call recording laws;
• Any information or content you provide to Kept.

21. Suspension and Termination

Kept may suspend or terminate services if you violate these Terms, payment obligations are not met, your use creates legal, operational, or security risks, or we are required to do so by law or a service provider. Upon termination, your right to use the services immediately ends.

22. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

You and Kept agree that any dispute, claim, or controversy arising out of or relating to these Terms or the services — including questions of arbitrability — shall be resolved exclusively by binding individual arbitration, not in court, except as set forth below.

Arbitration shall be administered by a recognized arbitration provider (such as JAMS or AAA) under its then-current rules for commercial disputes. The arbitrator shall have exclusive authority to resolve all disputes, including scope and enforceability of this arbitration agreement. The arbitration will be conducted in Nevada unless the parties agree otherwise. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver:

All claims must be brought in the parties' individual capacities, 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 seek emergency injunctive or equitable relief in a court of competent jurisdiction solely to prevent imminent harm to intellectual property rights or confidential information, pending arbitration. Small claims court actions that qualify under applicable rules are also exempt from this arbitration requirement.

If this arbitration agreement is found unenforceable, any dispute shall be resolved exclusively in the state or federal courts located in Nevada, and the parties consent to the personal jurisdiction of those courts.

23. Assignment

You may not assign or transfer your rights or obligations under these Terms, including your subscription, without Kept's prior written consent. Any purported assignment without such consent is void. Kept may freely assign these Terms in connection with a merger, acquisition, or sale of assets. These Terms will be binding on and inure to the benefit of the parties and their permitted successors and assigns.

24. Changes to These Terms

Kept may update these Terms from time to time. When material changes are made, we will provide reasonable notice through our website, email, or other appropriate means, and will update the Effective Date above. Continued use of the services after revised Terms become effective constitutes acceptance of the updated Terms.

25. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to conflict of law principles.

26. Contact Information

Rolling Willow LLC dba Kept 29 Dumbarton Drive Huntington, New York 11743 Email: info@getkept.ai Questions regarding these Terms may be directed to the contact information above.