Welcome to KeepUp (the “Service”), operated by K&Co. Studio, LLC (“KeepUp,” “we,” “us,” or “our”), accessible at keepuptogether.com and via our mobile and web applications. These Terms of Service (“Terms”) govern your access to and use of the Service.
By creating an account, joining a Gather, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 18 years old to create an account or use the Service. By using KeepUp, you represent that you meet this requirement. If we learn that an account belongs to someone under 18, we may suspend or terminate it.
2. Your Account
- You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
- You must provide accurate information when creating an account and keep it up to date.
- You may not share your account, impersonate another person, or create an account for anyone other than yourself.
3. What KeepUp Is
KeepUp provides a shared workspace for planning, organizing, and running real-world gatherings, including invitations, RSVPs, task assignment, itinerary building, item/food claiming, and optional money coordination features (expense tracking, cost splitting, and payment requests).
KeepUp is a coordination tool. Depending on the features you use, we may facilitate connections to third-party payment processors, but KeepUp itself does not act as a bank, money transmitter, or escrow agent unless separately disclosed.
4. Acceptable Use
You agree not to use the Service to:
- Violate any applicable law or regulation;
- Harass, threaten, defame, or abuse any other user;
- Post content that is unlawful, fraudulent, obscene, hateful, or infringes on the rights of others;
- Impersonate any person or entity, or misrepresent your affiliation with a person or entity;
- Use a Gather or invite link to solicit, spam, or scam other users;
- Circumvent, disable, or interfere with the security or proper functioning of the Service;
- Scrape, reverse-engineer, or use automated means to access the Service without our written permission;
- Upload viruses, malware, or other harmful code;
- Use the money-coordination features for money laundering, fraud, or any illegal financial activity.
We reserve the right to remove content, restrict features, or terminate accounts that violate this section, at our discretion.
5. Groups, Invites, and Content
- Hosts and Co-Hosts control access to their Gathers and Groups and are responsible for who they invite.
- You are solely responsible for the content you post, share, or submit through the Service (e.g., messages, itineraries, photos, expense entries).
- You retain ownership of your content, but grant KeepUp a non-exclusive, worldwide, royalty-free license to host, store, display, and transmit that content as necessary to operate the Service.
- We may remove content that violates these Terms or that we believe in good faith poses a legal or safety risk.
6. Payments and Money Coordination Features
If you use expense tracking, cost-splitting, or payment request features:
- KeepUp may rely on third-party payment processors to move funds; use of those processors is subject to their own terms.
- KeepUp is not responsible for disputes between users regarding money owed, expenses claimed, or reimbursements, though we may provide tools to help you resolve them.
- You are responsible for verifying amounts and recipients before sending or requesting money.
7. Termination
- You may delete your account at any time through account settings.
- We may suspend or terminate your account, or restrict access to some or all of the Service, at any time, with or without notice, if we believe you have violated these Terms, created risk or legal exposure for us or other users, or for any other reason at our discretion.
- Upon termination, your right to use the Service ends immediately. Sections of these Terms that by their nature should survive termination (e.g., liability limits, dispute resolution) will survive.
8. Disclaimers
The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the Service will be uninterrupted, error-free, or secure.
9. Limitation of Liability
To the maximum extent permitted by law, K&Co. Studio, LLC and its officers, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service, even if advised of the possibility of such damages.
To the maximum extent permitted by law, our total liability for any claim arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amount you paid us in the 12 months before the claim arose, or (b) $100.
Nothing in these Terms limits liability that cannot be limited under applicable law.
10. Indemnification
You agree to indemnify and hold harmless K&Co. Studio, LLC from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from your use of the Service, your content, or your violation of these Terms.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law principles. Any disputes arising out of or relating to these Terms or the Service will be resolved in the state or federal courts located in Hamilton County, Ohio, and you consent to the personal jurisdiction of those courts.
12. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you (e.g., by email or in-app notice) before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
13. Contact
Questions about these Terms can be sent to:
K&Co. Studio, LLC
2722 Erie Ave Ste 219, Cincinnati, OH 45208, US
hello@keepuptogether.com