Terms of Service

You may use the Service only if you can form a binding contract with us and are not barred from doing so under applicable law. The Service is not directed to children under 13, and you must be at least 13 years old to use it. If you are under the age of majority where you live, you may use the Service only with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf. By using the Service, you represent that you meet these requirements.

Kept is an identity-first productivity tool that helps you capture notes, tasks, goals, and related information and organize them with software-assisted features. We may add, change, suspend, or discontinue any part of the Service at any time, and we do not guarantee that the Service, or any feature, will always be available, uninterrupted, or error-free. We may set limits on use, storage, or features in our discretion.

Kept Workplace.Kept Workplace is our company-workspace product for organizations, offered separately at enterprise.kept.do. An organization using Kept Workplace holds its own workspace data · todos, plans, docs, an append-only ledger of completed work, connected agent identities, files a member or a connected agent adds to the workspace, comments and mentions posted there, and any Markdown corpus it imports · as described in the Privacy Policy. An agent an organization connects to Kept Workplace acts on that organization’s own configured instructions, policy, and granted tool scopes, not ours; the organization is responsible for what it grants that agent, in the same way Section 4 makes an organization responsible for a Cloud Agents connection it configures. Within the scopes the organization grants it, a connected agent may read and attach workspace files and post comments there, and those actions are recorded in the organization’s ledger the same as other agent activity.

The following terms apply when you obtain the Kept application through the Apple App Store. They are in addition to, and control over, any conflicting terms in this agreement with respect to the App Store distribution of the application.

• These Terms are concluded between you and Thesis Labs only, and not with Apple Inc. (“Apple”). Thesis Labs, not Apple, is solely responsible for the application and its content.
• Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the application.
• To the maximum extent permitted by applicable law, Apple has no warranty obligation with respect to the application. Any claim that the application fails to conform to an applicable warranty is the responsibility of Thesis Labs.
• Apple is not responsible for addressing any claims by you or any third party relating to the application or your possession or use of it, including product liability claims, any claim that the application fails to conform to a legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third-party claim that the application or your use of it infringes that party’s intellectual property rights, Thesis Labs, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim to the extent required by these Terms.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, 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 may need an account to use certain features. You are responsible for the information you provide, for keeping your credentials confidential, and for all activity that occurs under your account. Notify us promptly of any unauthorized use. We are not liable for any loss arising from your failure to protect your account.

If you create or administer a Cloud Agents organization or a Kept Workplace workspace, you represent that you are authorized to do so and to invite the people whose work email addresses you provide. An invited or member email address is used to send the invitation and to identify who holds a seat, and is visible to other active members of the same organization or workspace. You are responsible for assigning appropriate roles, reviewing organization policy and connector scopes, connecting only services and accounts you are authorized to use, reviewing the tools and action parameters you grant, promptly suspending access that is no longer authorized, and ensuring that members use shared company work and connected services lawfully. A person accepting an invitation joins only the organization and role displayed during acceptance. Organization records may remain available to authorized organization members after an individual member leaves or deletes their personal account, as described in the Privacy Policy.

You may delete your account at any time from Settings in the Kept iOS or Mac app. Deletion is permanent. It removes your account and associated personal data from our active systems as described in the Privacy Policy, subject to limited legally required, de-identified, or deletion-safety retention described there (including certain financial benefit records and content-free markers that prevent stale requests from recreating deleted data). Deleting your Kept account does not cancel an App Store subscription; cancel subscriptions in your Apple ID settings. A new account created with the same email does not automatically restore prior Founding Practice or other benefits unless we verify entitlement through support.

The Service may offer paid subscriptions or other in-app purchases. Where purchases are made through the Apple App Store, they are processed by Apple and governed by Apple’s applicable terms, and the following apply:

• Subscriptions automatically renew for the same period at the then-current price unless you cancel at least 24 hours before the end of the current period.
• You can manage and cancel subscriptions in your App Store account settings. Deleting the application or deleting your Kept account does not cancel a subscription.
• Payment is charged to your App Store account at confirmation of purchase. Refunds, where available, are handled by Apple in accordance with Apple’s policies. We do not control and are not responsible for App Store billing or refunds.
• Prices and features may change. We will provide notice of material changes as required by applicable law, and continued use after a change takes effect constitutes acceptance.

Except as required by law or expressly stated, all purchases are final and non-refundable.

Founding Practice

Founding Practice is an invite-only program for accepted accounts. An accepted Founding Keeper receives 24 complimentary months of Kept Pro that begin when paid Kept Pro launches for the cohort; early-access time does not consume it. This base benefit is not contingent on feedback, referrals, reviews, bug reports, or continued use. Up to six additional complimentary months are added automatically when Kept verifies defined product milestones, to a maximum of 30 complimentary months. After the bonus months are secured, completing a short carry-forward phase reserves 50% off one 12-month paid Kept Pro term at the standard annual price then in effect; that term does not renew at the discount, and the following period renews at the standard price unless canceled. Reserving the rate does not charge you and requires a future explicit purchase. Confirmed benefits are applied automatically and are not removed for inactivity. Founding benefits are tied to your account, have no cash value, and are non-transferable. Duplicate or fraudulent enrollments may be corrected. Leaving the practice stops future bonus qualification and coaching messages but preserves the base months and anything already earned. Program economics are versioned; material changes are made through a new program version, not silent edits.

You retain all ownership rights in the content you create, capture, upload, or store through the Service (“Your Content”). You grant Thesis Labs a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, and display Your Content solely as necessary to operate, maintain, secure, and provide the Service to you. This general license does not authorize using Your Content for content-based product or model improvement; that requires a separate, purpose-specific permission such as Help improve Capture below. This license ends when Your Content is deleted from our active systems, except for content retained in backups or as required by law, and except for de-identified or aggregated data that does not identify you.

If you separately choose “Help improve Capture,” you also authorize Thesis Labs to use the capture correction samples identified in the Privacy Policy to evaluate and improve Kept’s capture routing, prompts, and evaluations. This permission is off by default, distinct from Cloud AI, and may be withdrawn at any time. We retain source samples for no more than 365 days and remove them sooner when you withdraw the permission or delete your account. An authorized improvement run may send a redacted summary to OpenAI or Anthropic to propose generalized changes to Kept’s capture prompt. We do not authorize a model provider to use these samples or summaries to train its general or foundation models. Identifier-free aggregate trends and generalized improvements that no longer contain Your Content may remain after source samples are deleted.

You are solely responsible for Your Content and represent that you have the rights necessary to submit it and that it does not violate these Terms or any law. We are not obligated to store Your Content and you are responsible for maintaining your own copies. Our handling of personal data is described in the Privacy Policy.

The Service includes features that use artificial intelligence and automated processing to generate suggestions, summaries, organization, estimates, and similar outputs (“AI Output”). AI Output is generated by automated systems, may be inaccurate, incomplete, or unsuitable for your situation, and is not professional advice of any kind, including medical, legal, financial, accounting, tax, or mental-health advice. You are solely responsible for evaluating AI Output and for any decisions or actions you take based on it. Do not rely on the Service for any decision where inaccuracy could cause harm or loss. We make no representation that AI Output is accurate, reliable, or fit for any purpose.

Cloud AI is off when you create an account. Setup may offer an optional Cloud AI disclosure, but Cloud AI stays off unless you explicitly choose Allow Cloud AI. Help improve Capture can be enabled only through its separate Settings disclosure. Kept sends personal content to OpenAI or Anthropic only after you review the applicable disclosure and explicitly allow the relevant permission. Cloud AI authorizes content needed for the cloud-model features you choose; Help improve Capture authorizes only the bounded correction-sample use described above and in the Privacy Policy. Each permission can be turned off independently. Features that require the permission you withdraw may then be unavailable, but account access, synchronization, and non-AI features continue.

Workplace Daily Synthesis uses a separate organization permission that is off by default. An active workspace owner may save permission for future summaries of shared workspace information. Daily Synthesis is not yet available, and saving permission does not start model work. Its data use and permission controls are described in the Privacy Policy.

Some AI features write into your account rather than only answering you. After you allow Cloud AI, opening a goal on iPhone may spend one cloud turn to write that day’s read for that goal. Your account has a daily ceiling on these reads, and under that ceiling a goal is read once a day for the set of modules you have turned on · so if you switch Calendar, Notes, Tasks, Body, or Habits on or off, reopening that goal the same day can spend a second turn on it. Separately, an agent or a connection you have granted access may create a task or a note in your account, or ask you to take one on. Kept records who asked, using the display name carried by the grant you approved rather than anything a model writes, and an item that arrives this way waits for you: work another party marks done counts toward your record only after you accept it. You are responsible for what you grant an agent or a connection, and for what you accept.

Cloud Agents may propose calls to customer-configured MCP servers, and to Kept’s own first-party tools that act on a service you have connected · today, creating one event on a Google Calendar you marked writable. A displayed approval applies only to the exact parameters and destination shown. Approving authorizes Kept to transmit those parameters to the connected service, but it does not guarantee that the service will perform the requested action correctly. A successful server response is an acknowledgment, not independent proof of the external result. Where Kept can read the result back from the service · which it does for the calendar tool · it reports the action as done only after that read matches what you approved. If an outcome is uncertain, Kept may stop without retrying and require you to inspect the external service and record what happened. You are responsible for reviewing approvals, receipts, and material external results before relying on them.

Some external actions cannot be undone. Where an action is not reversible, Kept’s obligation is disclosure and repair, not reversal, and the product does not claim reversibility that does not exist. Irreversible action classes always require your explicit per-action confirmation. If you connect a Google account to Cloud Agents for Gmail, Kept requests read-only access: it requests neither send nor draft-creation authority, because in Google’s model the scope granting draft creation also grants sending. Google therefore refuses any send attempt from that connection, which makes the limit a property of the credential rather than a promise about Kept’s behavior. Published agent capability scores are indexes of verified, settled work as described in product documentation, not intelligence measurements or guarantees of future performance.

You agree not to, and not to permit anyone to:

• use the Service in violation of any law or to infringe the rights of others;
• upload or transmit anything unlawful, harmful, harassing, defamatory, or that contains malware;
• attempt to gain unauthorized access to, interfere with, or disrupt the Service or its infrastructure;
• reverse engineer, decompile, scrape, or copy any part of the Service except as permitted by law;
• use the Service to build a competing product, or resell or commercially exploit it without our permission; or
• misuse, overload, or circumvent any limits, security, or access controls.

We may investigate and take action, including suspending or terminating access, for any violation.

The Service, including its software, design, text, graphics, the Kept name and logo, and all related intellectual property, is owned by Thesis Labs or its licensors and is protected by law. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own personal or internal use. We reserve all rights not expressly granted. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.

The Service may integrate with or link to third-party services, software, or content that we do not control, including Apple, payment processors, infrastructure providers, and customer-configured MCP servers. A third-party service may change its tools, schemas, availability, or behavior independently of Kept. We are not responsible for third-party services, and your use of them is governed by their own terms and policies. We make no warranties regarding any third-party service.

The Service and all content and AI Output are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by law, Thesis Labs disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, secure, accurate, or error-free, or that any defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

To the maximum extent permitted by law, Thesis Labs and its members, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to the Service or these Terms, whether based in contract, tort, negligence, strict liability, or any other theory, even if advised of the possibility of such damages.

To the maximum extent permitted by law, the total liability of Thesis Labs for all claims arising out of or relating to the Service or these Terms will not exceed the greater of the amount you paid us for the Service in the twelve months before the event giving rise to the liability, or one hundred U.S. dollars (US $100).

Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

You agree to indemnify, defend, and hold harmless Thesis Labs and its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Service, Your Content, your violation of these Terms, or your violation of any law or the rights of any third party.

You may stop using the Service at any time and may delete your account from Settings in the Kept app as described in Section 4. We may suspend or terminate your access at any time, with or without notice, including if we believe you have violated these Terms or to protect the Service or other users. Upon termination, your right to use the Service ends. Sections that by their nature should survive termination will survive, including ownership, disclaimers, limitations of liability, indemnification, and dispute resolution.

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Informal resolution first. Before starting any formal proceeding, you agree to contact us at the address below and give us 30 days to resolve the dispute informally and in good faith.

Binding arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by binding individual arbitration administered by a recognized arbitration provider under its consumer arbitration rules, rather than in court. The arbitration will be conducted in California or, at your election, your home county, or by telephone or video where available. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver.You and Thesis Labs agree that each may bring claims against the other only in an individual capacity, 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 bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court for the alleged infringement or misuse of intellectual property or unauthorized access to the Service. If the class action waiver is found unenforceable as to a particular claim, that claim will proceed in court, but the rest of this section still applies. To the extent any dispute is not subject to arbitration, it will be resolved exclusively in the state or federal courts located in California, and you consent to their jurisdiction and venue.

These Terms and any dispute arising out of them are governed by the laws of the State of California and applicable U.S. federal law, including the Federal Arbitration Act, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, for material changes, provide additional notice as required by law. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree, stop using the Service.

These Terms, together with the Privacy Policy, are the entire agreement between you and Thesis Labs regarding the Service. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. There are no third-party beneficiaries except Apple as stated in Section 3.

Questions about these Terms can be sent to legal@thesis.do.

Thesis Labs, LLC
California, United States
thesis.do