PLEASE READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE USING KEEPFUL®.

1. Acceptance of Terms

    By accessing or using the services provided by keepful® ("Company", "we", "us", or "our"), including any software, platform, tools, or other services we provide (collectively, the "Service"), you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Services after such modifications will constitute acknowledgement and acceptance of the modified Terms.

As used in these Terms, references to our “Affiliates” include our owners, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Services available on this Site.

BY USING THIS SITE AND SERVICES ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS OR SERVICES, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES.

2. Registration and Account

    a. To use the Service, you must register for an account. You agree to provide true, accurate, and complete information during registration and keep your account information updated.

    b. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account.

    c. Your account password is not to be shared. Each user must have their own account and agree to these terms and conditions. 

    d. Your Service is not to be used to conduct illegal business. A violation will result in the immediate cancellation of your Account and Service. 

3. Use of the Service

    a. You are granted a non-exclusive, non-transferable, revocable license to access and use the Service in strict accordance with these Terms. Your keepful® or SavvySites Account cannot be transferred to another agency under any circumstances. 

    b. You shall not misuse the Service, including but not limited to: hacking, data mining, copying, distributing, or transmitting any malicious software.

    c. Your keepful® or SavvySites Account is limited to one (1) per implementation fee. Additional brands may be added by paying an additional implementation fee. Current implementation fees for keepful® may be found here. 

    d. We do not maintain backup of your Contacts or Communications with Contacts. It is advised that you keep a backup of Contacts and Communications with Contacts.

e. Although keepful® works hard to provide quality Services, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Services.

f. You understand and agree that temporary interruptions of the Site may occur. You also understand and agree that we have no control over our licensors and other third-party networks or service(s) that we may use to provide you with Services. You agree that the Services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, interruption, or failure to store any user communications or personalization settings.

g. We (and our licensors) reserve the right to implement new elements as part of the Services including changes that may affect the previous mode of operation of the Services.

h. You understand that your purchase of the Services is not contingent on the delivery by us of any future release of any functionality or feature, including without limited to, the continuation of a certain service beyond its current subscription term or third-party services or dependent on any public comments we make, regarding any future functionality or feature.

4. Payments and Renewals

    a. Use of the Service may be subject to fees. All fees are non-refundable.

    b. Your subscription will auto-renew unless you cancel. It is your responsibility to ensure sufficient funds are available to cover the subscription fees. Any Account more than nine (9) days past due will be canceled. 

    c. You may cancel your subscription at any time. There are no refunds or prorated refunds for payments already made.

    d. Keepful® members can upgrade or downgrade between Core and Concierge at any time.  Upgrades will require payment of the $497 Set Up fee regardless of any existing promotions, sales or offers.

5. Termination

    We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability for breach of the Terms.

a. Grounds for Termination.

You agree that we (or our licensors) may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.

b. No Right to Services Upon Termination.

Upon termination and regardless of the reason(s) motivating such termination, your right to use the Services available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. The terms contained in these Terms that by their nature should survive termination of these Terms, including your liability for any unpaid fees, shall survive any termination of these Terms.

6. Data & Privacy

    Please review our Privacy Policy, which details how we handle and protect your data.

7. Limitation of Liability

    YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THESE TERMS AND YOUR USE OF THIS SITE SHALL BE LIMITED TO THE AMOUNT YOU PAID US FOR SERVICES PURCHASED ON THE SITE DURING THE 3-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR SERVICES OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

To the fullest extent permitted by applicable law, keepful® shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any unauthorized access to or use of our servers and/or any personal information stored therein.

8. Warranty Disclaimer

    The Service is provided "as is" and "as available" without any warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

WITHOUT LIMITING THE FOREGOING, WE (AND OUR AFFILIATES AND LICENSORS) MAKE NO WARRANTY THAT (A) THE CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, SERVICES OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SERVICES OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR SERVICES PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE (AND OUR LICENSORS) MAY MAKE CHANGES TO THE CONTENT AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY SERVICES OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

THROUGH YOUR USE OF THE SITE, YOU MAY HAVE OPPORTUNITIES TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER USERS AND VENDORS. YOU ACKNOWLEDGE THAT ALL TRANSACTIONS RELATING TO ANY PRODUCTS OR SERVICES PROVIDED BY ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO THE PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES RELATING TO SUCH TRANSACTIONS, ARE SOLELY BETWEEN THE SELLER OF SUCH MERCHANDISE AND YOU.

WE (AND OUR LICENSORS) MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OF OUR AFFILIATES.

WE (AND OUR LICENSORS) RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE (AND OUR LICENSORS) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE OR FEE-BASED SERVICES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS SITE SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

9. Governing Law

    These Terms are governed by and construed in accordance with the laws of Gwinnett County, Georgia, without regard to its conflict of law principles. This Site is controlled by us from our offices in the State of Georgia, and the statutes and laws of the State of Georgia shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue in any appropriate federal/state court of Georgia with respect to such matters controlled by that court.

10. Site Conduct, Posting Policies & Third-Party Websites.

a. User-Created Content Guidelines.

Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Site. By posting information on the Site, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Site, you agree that you will not post comments, messages, links, code or other information that:

i. is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;

ii. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

iii. infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

iv. consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

v. contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;

vi. breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on this Site;

vii. impersonates any person or entity, including any of our employees or representatives.

At our sole discretion, keepful® (or its licensors) may choose to unpublish or otherwise make not available for public viewing, any material we deem unnecessary for use of our Site.

b. User customization.

Customization functionality on the Site may be made available to you, such as incorporating your name, logo, trademark, and color scheme into your individual access area within our Site, and/or by otherwise applying a user-built code on top of the keepful® platform. You are solely responsible for copyright, trademark or other intellectual property connected with your customized look and feel of our Site. You acknowledge that you may not be able to customize our Site according to your unique branding to the extent that your customization would appear to be independently developed.

c. No Endorsement.

keepful® neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police or monitor comments posted on our Site, we reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.

keepful® may publish content featuring testimonials of our Site’s users, and any views or opinions expressed in such posts are personal and do not constitute or imply any approval, sponsorship or endorsement of keepful® or the Site.

d. Third-Party Sites and Information.

This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third-party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.

e. Promotions.

From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

f. Electronic Communication.

When you subscribe to use Services on the Site, you must designate a primary email address that will be used for receiving electronic communication. If we maintain an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by us for providing you notices pursuant to these Terms. We will NEVER send you email requesting confidential information such as account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from Bookkeepers or the Site, do not respond to the email and notify Bookkeepers.

11. keepful® Intellectual Property.

a. Content.

For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by keepful®, its Affiliates or its licensors.

b. Ownership of Content.

By accepting these Terms, you agree that all content presented to you on this Site is protected by any and all intellectual property rights and/or other proprietary rights available within the United States and is the sole property of keepful® or its Affiliates or its licensors.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of keepful® or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo of keepful®, its Affiliates or its licensors.

A third party website may feature our logos or trademarks, with or without authorization. Our logos or trademarks featured in any third party website do not constitute or imply any approval, sponsorship or endorsement of keepful® or the Site.

c. Limitations on Use of Content.

You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site in any form or by any means whatsoever without prior written permission from keepful®. Any unauthorized use of Site content violates our intellectual property interests and could result in criminal or civil penalties.

d. No warranty for Third-Party Infringement.

Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.

12. Data Stored on Our Servers.

Subject to our Privacy Policy, you agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site. You acknowledge that we reserve the right to remove or terminate accounts which have not paid a subscription fee, that remain inactive for longer than 1 year, or in cases where you have violated one or more terms of this Agreement.

13. Miscellaneous Provisions.

a. Privacy.

Personally identifiable information or aggregate information that you provide will be handled in accordance with the Privacy Policy.

b. International Use.

Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States and Canada. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States or Canada, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Services, and/or information made in connection with this Site is void where prohibited.

c. Force Majeure.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

d. Savings Clause.

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

e. No Waiver.

Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

f. Entire Agreement.

These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.

14. Changes to Terms

    We reserve the right to revise these Terms at any time. If changes are made, we will provide notice on our website and/or via email.

15. Contact

    All notices shall be in writing and shall be made via email. Notices to us must be sent to the attention of keepful® support at help@keepful.com. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; or (4) on the delivery date if transmitted by confirmed email.

For any questions or concerns about these Terms, please contact us at help@keepful.com.

Last updated on October 24, 2023