Terms of Service
Effective Date: October 12, 2026 · Last Updated: October 12, 2026
1. Agreement to Terms
These Terms of Service (“Terms”) govern your use of the Keepacy™ platform, including the website at keepacy.com, the web application, APIs, SMS and email notifications, and all related services (collectively, the “Service”), operated by Keepacy, Inc., a Delaware corporation (“Keepacy,” “we,” “us,” or “our”). These Terms are an agreement between you and Keepacy, Inc. Our contact details and postal address are in Section 19.
By creating an account or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.
If someone named you as a beneficiary, or you use a Legacy Letter or Legacy Card, Section 7D says which parts of these Terms apply to you.
2. Eligibility
You must be at least 18 years of age to use Keepacy. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.
3. Account Registration and Security
- You must provide a valid email address and create a password to register.
- You are responsible for maintaining the confidentiality of your account credentials.
- Multi-factor authentication (MFA) is required for all accounts and may not be fully disabled.
- You must notify us immediately at support@keepacy.com if you suspect unauthorized access to your account.
- You are responsible for all activity that occurs under your account.
- If your account uses device keys, keep your recovery kit safe. Section 3A explains why.
3A. Your Keys and Recovery
In short: there are two kinds of Keepacy account. Every new account uses device keys: Keepacy's servers hold no key that can open your documents. Your devices and your recovery kit can. If you lose both, Keepacy can't get you back in. On an older account, Keepacy holds a recovery key until the account moves to device keys.
(a) Accounts that use device keys
An account created since we launched device keys uses them from the start. An older account uses them once it moves (see (d)). On an account that uses device keys, your documents and Life Plan are encrypted on your device, and Keepacy's servers hold no key that can open them. When you create your account, or move an older one, we show you a recovery kit: 24 words, which the app also shows as one line of text, and ask you to save it before you go on. (If you created your account to accept an invitation, the app calls these words your “recovery code”. Everything these Terms say about the recovery kit applies to it.) We never see your recovery kit and can't show it to you again. You get a new kit when you restore your account with your kit, or when you ask for one in Settings, under Account & Security. Your old kit then stops working with Keepacy. This doesn't change the key your documents are locked with, so destroy the old kit.
(b) If you lose your recovery kit and your devices
If you lose your recovery kit but can still unlock your vault in your browser, get a new kit in Settings, under Account & Security. If you forget your password, you need your recovery kit to get back into your account. Restoring with your kit gives you a new password and a new kit and signs you out everywhere else, and your other browsers and devices can no longer open your documents. If you still know your password, you don't need to restore to use another browser: sign in there and enter your recovery kit, and that browser gets the key too. Nothing else changes. If you lose your recovery kit and can't unlock any of your devices (for example, because you've forgotten your password), you can't get back into your account, and no one, including Keepacy, can open your documents. They are lost for good. Keepacy's servers hold no key that could open them, so we can't make an exception for you, your family, your executor or a court.
(c) Older accounts
An account that hasn't moved to device keys uses our earlier design. Keepacy holds a recovery key that can open your documents. We use it only to reset your password and, after we confirm your death, to release documents to your beneficiaries (Section 7).
(d) Moving an older account to device keys
This applies only to an account created before we launched device keys. Once you agree to these Terms, you must move your account to device keys the next time you sign in, before you can use the rest of the Service. To move, you confirm your directive if you have named anyone (Section 7) and save your recovery kit. If a check-in is overdue, you must check in first. If you don't agree to these Terms, your account can't move. Until you agree, you can download your documents, change the people you've named and cancel your subscription, and your check-ins keep running. We will set a cutoff date and email you at least 30 days before it. This is separate from the notice in Section 15, which is for shutting down the whole Service. If your account still hasn't moved by the cutoff, we will delete it and everything in it. This includes an account whose release to your beneficiaries has started but not finished. When you move, the people you named can no longer receive anything the older way: each of them needs an invitation or a Legacy Letter from you (Section 7). Moving can't be undone.
4. Description of the Service
Keepacy provides an encrypted digital vault and check-in system that allows you to:
- Upload and store important documents, and write a Life Plan, in an encrypted vault.
- Name beneficiaries and choose what each of them may receive after your death.
- Invite the people you name, or make each of them a Legacy Letter, and on plans that include it, order a Legacy Card (Sections 7, 7B and 7C).
- Configure a periodic check-in system (the “dead man's switch”). If you stop answering check-ins, we remind you over several days and then tell the people you named. We release what you shared only after we confirm your death (Section 7).
Important: Keepacy is not a law firm, financial advisor, estate planner, or healthcare provider. The Service is a document storage and notification tool. It does not constitute legal, financial, medical, or estate planning advice. You should consult qualified professionals for guidance on estate planning, legal documents, and related matters.
5. SMS Messaging Terms
Keepacy offers SMS-based features as part of the Keepacy messaging program, including a code to confirm your number, check-in reminders and confirmations, escalation alerts (including the notice that a release is about to take effect), security alerts about your account, such as when a Legacy Letter or Legacy Card you made is made, ordered, mailed, changed, revoked or entered by someone, and, if someone who named you in Keepacy stops checking in, a text asking you to check your email.
- Opt-in: to add a number for texts, you enter it in your check-in settings and then enter the code we text to it. By doing so, you consent to receive these automated text messages from Keepacy at that number. We text only numbers people have added to their own account, never a number someone else gave us for you. If someone enters a number that isn't theirs, that phone may get a text with a code. Unless the code is entered, we don't save the number or text it anything else. SMS consent is not a condition of any purchase.
- Phone calls: to add a number for phone calls, you enter it in your check-in settings and then enter the code we read out in an automated call to it, or the code we text to it if it is also your number for texts. By doing so, you consent to automated check-in calls from Keepacy at that number. To stop the calls, remove the number in your check-in settings.
- Message frequency: message frequency varies based on your check-in schedule and account activity. Typically, you will receive 1 to 10 messages per month, depending on your configured check-in interval and escalation settings. You may receive additional messages for security alerts, and if someone who named you stops checking in.
- Msg & data rates may apply.
- STOP: to opt out of SMS messages at any time, reply STOP to any message from Keepacy. You will receive a confirmation message and no further SMS messages will be sent to that number, including your own check-in reminders. You may also remove your number in your check-in settings.
- HELP: for help with SMS messaging, reply HELP to any message from Keepacy, or contact us at support@keepacy.com.
- Supported carriers include but are not limited to AT&T, T-Mobile, Verizon, Sprint, and other major US carriers. Carriers are not liable for delayed or undelivered messages.
- We do not sell, rent, or share your phone number or SMS opt-in data with third parties for marketing purposes. See our Privacy Policy for full details.
6. User Content and Documents
- You retain full ownership of all content and documents you upload to Keepacy.
- You grant us a limited license to store, encrypt, and transmit your content solely for the purpose of providing the Service.
- You are solely responsible for ensuring the accuracy, legality, and appropriateness of content you upload.
- You must not upload content that is illegal, infringes third-party rights, or contains malware.
- We do not open, review, or share your documents except as required to provide the Service (including releasing documents on an older account to verified beneficiaries after we confirm your death) or as compelled by valid legal process. On an account that uses device keys, Keepacy's servers hold no key that can open your documents (Section 3A).
7. Beneficiary Access and the Check-In System
In short: if you stop answering check-ins, we tell the people you named. We release what you shared only after we confirm your death. On an account that uses device keys, we then wait 72 hours, and you can stop the release by checking in.
(a) Who receives what
- You choose which documents are shared, and on plans that include it, which beneficiary receives each one.
- Accounts that use device keys. A person you name can receive what you share in two ways. You can invite them now: they accept, set up their own Keepacy account, and answer your question if you set one. If you set a question and one person answered it, your own device approves them the next time you unlock your vault, with no further step from you. If you set no question, you approve them yourself after checking it is really them. Either way this happens while you are alive. Or you can make them a Legacy Letter (Section 7B). A person with neither receives nothing you share, even though we still email them when your check-ins lapse.
- Whoever is approved receives what you share after your death, even if it is not the person you meant. If you set a question, someone who knows or guesses your answer, including someone in control of Keepacy's systems, could be approved in their place. If you set no question, anyone who can read their email could be approved in their place unless you check it is really them before you approve; someone in control of Keepacy's systems could be approved in their place even if you check. You accept these risks when you choose how to invite someone and what question and answer to set.
- If the Keepacy account of a person you approved is deleted, we email you, unless your check-ins have lapsed or a release has started. Until you invite them again and they are approved from your device, they can receive what you share only through a Legacy Letter you made for them.
- Older accounts. Each beneficiary can receive the documents you share with them. When your check-ins lapse, and before your death is confirmed, they can see the title, category and dates of each of those documents, and nothing else about it.
(b) Check-ins
- The check-in system operates as you configure it. If you don't respond within your inactivity window, we send reminders over several days. If you still don't respond, we tell the people you named that we haven't heard from you, and we send each of them any personal note you wrote for them. This can happen while you are alive.
- Checking in at any point stops the reminders.
- Changes wait until you check in. From the time a check-in is overdue, or someone enters a Legacy Letter or Legacy Card you made, until you check in, you can't upload, change or delete documents, change what you share or who receives it (including your Legacy Letters and Legacy Card), or change your Life Plan. You can still open and download them, check in, and manage your account's security. This keeps what the people you named will receive the same while we try to reach you. Pausing check-ins before we have told the people you named also ends it. During that time, checking in or pausing inside the app asks for your password. The check-in link in our reminder emails and texts doesn't.
(c) Release only after death
- We release what you shared only after we confirm your death. A person you named, or someone holding a Legacy Letter or Legacy Card you made, sends us a copy of your death certificate, and a member of our staff reviews it. We do not release anything because you are ill or cannot manage your affairs, and we do not accept a doctor's statement in place of a death certificate.
- Accounts that use device keys. After we approve a death certificate, we wait 72 hours before the release takes effect. During that time we tell you by email, and by text message if your plan includes it, and you can stop the release by checking in. When the release takes effect, your account is locked, your subscription is cancelled, and each person you shared with can open what you shared for 90 days. After that, they can no longer download it from Keepacy. If you check in during the 72 hours, the release is cancelled and we tell each person who was waiting.
- Older accounts. When we approve a death certificate, the release takes effect at once: your account is locked, your subscription is cancelled, and your beneficiaries can download the documents you shared with them using the link we emailed them when your check-ins lapsed. That link stops working 90 days after we sent it. After that, they can no longer download them from Keepacy.
- Once a release takes effect, we can't take back anything a person has already opened or downloaded.
(d) Your responsibilities and ours
- You are responsible for keeping your check-in preferences, contact information, and beneficiary designations up to date.
- Keepacy is not responsible for the actions of your designated beneficiaries, or of anyone holding a Legacy Letter or Legacy Card you made, after they receive access to what you shared.
- Keepacy makes no guarantee that the check-in system will function without interruption. Service outages, delivery failures, and other technical issues may affect the timing of check-ins and notifications.
7A. Digital Asset Directive Under RUFADAA (NY EPTL Article 13-A)
In short: when you name a beneficiary, you tell Keepacy who may receive your documents after you die. On an account that uses device keys, Keepacy's servers hold no key that can open your documents, so we can carry out that direction only for what you shared from your device with someone who can receive it.
(a) Online Tool
Keepacy provides an “online tool” as defined under the Revised Uniform Fiduciary Access to Digital Assets Act, codified in New York as Estates, Powers and Trusts Law (EPTL) Article 13-A (effective September 29, 2016). When you designate a beneficiary and configure document visibility settings, you are providing a direction to Keepacy as custodian regarding the disclosure of your digital assets after your death. We do not act on it while you are alive, including if you become ill or cannot manage your affairs.
(b) Precedence
Your directions made through Keepacy's online tool take precedence over any contrary direction in your will, trust, power of attorney, or other record, and over any contrary provision in these Terms of Service, to the maximum extent permitted by applicable law (EPTL § 13-A-2.2).
(c) Scope of Directive
Your directive controls:
- Which beneficiaries receive access to your digital assets;
- Which digital assets each beneficiary may access, controlled via the document visibility settings (private/non-private) in your vault;
- That beneficiaries receive the content of what you share with them, not only a catalogue (see (d));
- On an account that uses device keys, whether a person you named may also receive access by holding a Legacy Letter you made for them, and what your Legacy Card opens for whoever holds it (Section 7B).
(d) Content vs. Catalogue
Under EPTL Article 13-A, there is a legal distinction between disclosure of a “catalogue” of digital assets (metadata such as titles, dates, and categories) and disclosure of the “content” of digital assets (the actual documents and communications). To name a beneficiary, you must consent to disclosure of the content of what you share with them. You may also give specific consent to disclosure of the content of electronic communications (emails and messages). Keepacy cannot tell which of your documents contain communications, so we release everything you share with a beneficiary whether or not you gave that consent. If you did not, don't share documents that contain communications with that person. Your consents are recorded at the time you designate each beneficiary.
(e) Modification and Revocation
You may modify or revoke your directive at any time by:
- Adding, editing, or removing beneficiaries;
- Changing what you share, and with whom;
- Asking us to delete your account (Section 14).
Removing a beneficiary, or sharing less with them, takes effect at once. On an account that uses device keys, sharing more with someone takes effect only after you confirm it on one of your devices. We log every change. We keep a record of each directive you agreed to, removed or confirmed again, including the exact text, after you change it and after your account is deleted (Privacy Policy, Section 10). If you revoke all beneficiary designations, no online tool directive will be in effect, and access to your digital assets will be governed by your will, trust, or applicable terms of service, in that order (EPTL § 13-A-2.2, § 13-A-2.3).
(f) Fiduciary Access
In short: on an account that uses device keys, Keepacy's servers hold no key that can open your documents, so we can't give them to your executor or any other fiduciary.
A fiduciary — including a personal representative, executor, administrator, conservator, guardian, agent under power of attorney, or trustee — who is not a designated beneficiary may request access to your digital assets by contacting Keepacy at legal@keepacy.com with:
- A certified copy of letters testamentary, letters of administration, court order of appointment, or equivalent document establishing fiduciary authority;
- A certified death certificate (if applicable);
- A written request specifying the scope of access sought (catalogue only, or catalogue and content);
- Government-issued identification of the fiduciary.
Keepacy will process fiduciary access requests in compliance with applicable EPTL Article 13-A provisions within thirty (30) business days. What we can provide depends on the account:
- Older accounts: we may disclose a catalogue or, where the law allows, content. Keepacy reserves the right to require a court order before disclosing content of digital assets to a fiduciary who is not a designated beneficiary.
- Accounts that use device keys: Keepacy's servers hold no key that can open your documents or your Life Plan, or read your documents' titles, so we can't disclose those. We can disclose what we hold in readable form, such as your account details, the people you named, and the number, size, category and dates of your documents.
(g) Court Orders
Keepacy will comply with valid court orders directing disclosure of a user's digital assets, subject to verification of the order's authenticity and applicable legal process requirements. On an account that uses device keys, Keepacy's servers hold no key that can open your documents, so we can produce only what we hold in readable form (see (f)).
(h) No Legal Advice
This section describes how Keepacy implements RUFADAA as adopted in New York. It does not constitute legal advice. RUFADAA has been adopted with variations in different states. The enforceability of your directive may depend on the law of your state of domicile. You should consult an attorney in your state to understand how RUFADAA applies in your situation and to ensure your Keepacy directive is consistent with your estate plan.
(i) Custodian Role
For purposes of EPTL Article 13-A, Keepacy is the “custodian” of the digital assets stored in your vault. Keepacy does not claim ownership of your digital assets. On an older account, Keepacy's role is limited to storing, encrypting, and — upon triggering of a valid directive or receipt of a valid legal instrument — facilitating disclosure of your digital assets to authorized persons. On an account that uses device keys, Keepacy stores your encrypted documents and follows the release rules in Section 7; your documents are opened only on the devices of the people you chose, with keys you gave them.
(j) How You Agree
Your digital asset directive is created when you designate a beneficiary through Keepacy's online tool. At the time of designation, you are presented with the full text of the directive and must affirmatively check two required acknowledgments: (1) that for the documents in your vault, Keepacy follows your directive even if your will, trust or power of attorney says something different, and (2) that after your death is confirmed the person may view and download the full content of what you share. An optional third checkbox authorizes disclosure of electronic communications content. Your consent is recorded with a timestamp, your IP address, and user agent. The exact directive text shown to you at the time of consent is preserved in the directive record. You may review, modify, or revoke your directive at any time from your beneficiaries settings.
7B. Legacy Letters and the Legacy Card
In short: a Legacy Letter lets one person you name receive what you share with them after your death, without an invitation. The Legacy Card lets whoever holds it receive what you chose for it. Keepacy has no copy of either and can't replace them after you die. Both are available only on accounts that use device keys.
(a) Legacy Letters
You can make one Legacy Letter for each person you name, on every plan. You type their full legal name and set at least one question. After your death, whoever has the letter, shows a government ID with that name, and answers your questions can open what you share with that person. A member of our staff checks the name on the ID. A different spelling, a missing middle name or a changed name won't match, so make a new letter if their name changes.
(b) The Legacy Card
On plans that include it, you can order one Legacy Card (Section 7C). It is for no named person. After your death, anyone who has the card, knows the answers to your questions (at least three) and shows a government ID can open what you chose for it. We don't check that they are the person you gave it to. We record the name on their ID and the kind of ID. Recording it doesn't mean we vouch that the ID is genuine.
(c) No copy and no recovery
We never see a letter's code or your answers, and we don't keep a copy of a card's code once the card is made. If a letter or card and every copy of it are lost after your death, or no one can answer your questions, no one, including Keepacy, can recover what it opens.
(d) If someone uses one while you are alive
If someone enters a letter or card you made, we tell you and start your check-in reminders. Nothing is released while you are alive. Check in to stop it, and revoke or replace the letter or card if you didn't expect it. A release still needs an approved death certificate and the 72-hour wait in Section 7. Up to three people can have an open claim on one letter or card at a time.
(e) Your choices, and the risk
You choose where each letter and the card are kept, who holds them, and who knows your answers. Anyone who has a copy of a letter or the card and knows or guesses your answers could try to claim. A forged death certificate plus your letter or card and your answers could lead to a release; that is why we wait 72 hours and tell you. If Keepacy's systems were ever broken into, someone holding a letter or card could guess weak answers. We are not responsible for a release made as this section describes to someone who had the letter or card and your answers.
7C. Ordering a Legacy Card
In short: on plans that include it, we make one Legacy Card for your account and mail it to a US address you choose, at no extra charge.
- One card per account. If you revoke your card, a new one isn't available yet.
- How we make it. We make the card ourselves. The member of our staff who makes it sees the card code and the mailing address. The code is never stored on Keepacy's servers, and we don't keep a copy once the card is made.
- Where we mail it. We mail cards to US addresses only. The address can be yours or someone else's, such as your lawyer's. Give us someone else's address only if they agree.
- If it doesn't arrive. If your card hasn't arrived 30 days after we tell you we mailed it, or it arrives damaged, email support@keepacy.com before you activate it and within 90 days of mailing. We'll cancel it and make you a new one at no charge.
- Cancelling. You can cancel an order in the app until we start making the card. After that, contact support. We may cancel an order we can't fill, and we'll tell you why.
- No returns. Each card is unique, so we don't accept returns.
- Activation. The card opens nothing until it arrives and you activate it on your device and set your questions and answers.
- Plan changes. Your plan affects only ordering. A card you have ordered or activated keeps working if you change or cancel your plan.
- If it's lost while you're alive. Revoke it in the app. A revoked card opens nothing.
7D. If Someone Named You, or You Hold a Letter or Card
In short: these Terms also apply to you if you create an account to accept an invitation, or if you use a Legacy Letter or Legacy Card at keepacy.com/found.
(a) Beneficiaries with an account
When you accept an invitation, you create a Keepacy account and agree to these Terms. You can receive only what the person who named you shared with you, only after we confirm their death, and for 90 days after the release takes effect. Keep your recovery code (the recovery kit in Section 3A) safe. If you lose it and your devices, Keepacy can't get you back in. While the person who named you is alive, they can invite you again. After that, what they shared with you may be lost for good. If you delete your account, we tell the person who named you, and they need to invite you again before you can receive anything from them.
(b) Using a Legacy Letter or Legacy Card
If you enter a Legacy Letter or Legacy Card at keepacy.com/found, these Terms apply to you as its holder, even if you have no account. Use a letter only if it was made for you. Use a card only if the account holder gave it to you or meant it for you. Send us only genuine documents. We release nothing until we have approved a death certificate, the account holder has had 72 hours to stop the release, and a member of our staff has checked your ID. What you can open is available for 90 days. If the account holder's account is deleted, your claim ends and nothing is released.
(c) What you receive
Being able to open what was shared with you doesn't make you its owner. That is decided by the account holder's estate plan and the law. Use what you receive only as the account holder intended. Sections 9, 11 and 12 apply to you.
8. Subscriptions and Payment
In short: paid plans renew automatically until you cancel. You can cancel online at any time and keep your plan until the end of the period you've paid for. We don't give refunds for part of a period.
- Keepacy offers free and paid plans. Each plan's features and limits are shown on our pricing page. Legacy Letters are included on every plan.
- Paid plans renew automatically. Before you pay, we show you the plan's price and billing period. Your plan renews at that price every month or every year, whichever you chose, until you cancel.
- Payments are processed by Stripe. By subscribing, you agree to Stripe's terms of service.
- You can cancel online at any time in Settings, under Subscription, by choosing Manage Subscription. Cancelling stops your next renewal. You keep your paid plan until the end of the period you've paid for. Then your account moves to the Free plan.
- We don't give refunds, in full or in part, for a period you've already paid for, including when you cancel partway through a month or year. This doesn't change the credit you get when you switch plans (below), or any refund the law requires.
- If you already pay and switch to another plan, the change takes effect at once. We credit the unused part of your old plan and charge the difference: on your next bill, or right away if you switch between monthly and yearly billing.
- If a payment fails, your account works within the Free plan's limits until the payment goes through.
- If you move to a lower plan, nothing you stored is deleted because of that. You can still open it, but you can't add more than the new plan allows.
- We will email you at least 30 days before a price change. It applies from your first renewal after that, and you can cancel before then.
- If you can't sign in, you can ask us to cancel for you by emailing support@keepacy.com from the email address on your account. We cancel at once, with no refund for the rest of the period.
- When a release takes effect, or your account is deleted, your subscription is cancelled at once, with no refund for the rest of the period (Sections 7 and 14).
9. Prohibited Conduct
You agree not to:
- Use the Service for any illegal purpose or in violation of any applicable law.
- Attempt to gain unauthorized access to other users' accounts or data.
- Interfere with, disrupt, or attack the Service or its infrastructure.
- Upload malware, viruses, or other malicious code.
- Use automated scripts, bots, or scrapers to access the Service without our prior written consent.
- Impersonate another person or entity.
- Use the Service to store or distribute content that is illegal, defamatory, or infringes on the rights of others.
10. Intellectual Property
The Service, including its design, code, logos, and documentation, is owned by Keepacy and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Service without our prior written consent.
11. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Service will be uninterrupted, error-free, or free of harmful components.
- Check-in notifications, SMS messages, emails, or voice calls will always be delivered successfully or on time.
- Your documents will never be lost or corrupted, despite our best efforts at data protection and redundancy.
- The Service satisfies any specific legal requirement for estate planning, digital asset management, or fiduciary duty in your jurisdiction.
- Any person you name will be able to receive what you share. For example, a person receives nothing if you never invited them or made them a letter, or if they can't answer your questions or lose their recovery code.
Loss of keys. On an account that uses device keys, if you lose your recovery kit and can't unlock any of your devices, your documents can't be recovered by anyone, including Keepacy. The same is true if a person you named loses their recovery code and devices, or if a Legacy Letter or Legacy Card is lost after your death. Keepacy is not responsible for that loss.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEEPACY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
THIS SECTION ALSO APPLIES TO CLAIMS BY ANYONE WHO USES THE SERVICE UNDER SECTION 7D.
13. Indemnification
You agree to indemnify and hold harmless Keepacy, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
14. Account Termination
In short: you can ask us to delete your account at any time. Once we do, everything in it is gone for good, and nothing will be released to the people you named.
- You can ask us to delete your account at any time by emailing support@keepacy.com from the email address on your account. We will confirm your request before we delete anything, and respond within 30 days. If you can't sign in, we will also ask for a photo of your ID, through a one-time link we email to that address. There is no grace period, and deletion can't be undone.
- When we delete your account, we delete your documents, your Life Plan, the people you named and what you shared with them. Nothing will be released to anyone, your Legacy Letters and Legacy Card stop working, and any open claim on them ends. We don't tell the people you named. Any subscription is cancelled at once, with no refund for the rest of the period. We email you when it's done. Our Privacy Policy (Section 10) lists the few records we keep.
- When a release takes effect, your account is locked (Section 7). We don't reopen a locked account in the app.
- An older account that hasn't moved to device keys by the cutoff date will be deleted, after the notice described in Section 3A(d), even if a release has started.
- We may suspend or terminate your account if you violate these Terms, engage in prohibited conduct, or if required by law.
- Upon termination, your right to use the Service ceases immediately. We are not responsible for any loss of data resulting from account termination.
15. Service Discontinuation and Data Policy
We understand that you trust Keepacy with important documents. If we ever decide to discontinue the Service, we commit to the following:
- 90-day advance notice: we will notify all registered users by email at least 90 days before the Service shuts down, providing clear instructions for exporting your data.
- Export window: during the 90-day notice period, the Service will remain operational in at least a read-only and export mode, allowing you to download all of your documents and data.
- Self-service download: you can download your documents at any time, without waiting for any discontinuation notice. Download All Documents in Settings gives you all of them in one file. On an account that uses device keys, your documents are opened on your device to make that file, so you need a device where your vault opens. If a document can't be included, the file says which one. Your Life Plan downloads separately as a PDF, and you can ask us for a copy of the other data we hold about you (Privacy Policy, Section 12).
- Beneficiary notification: if the Service is to be permanently discontinued, we will notify all designated beneficiaries of active accounts, giving them an opportunity to coordinate with their respective account holders.
- No silent data sales: your encrypted documents and personal information will not be sold, licensed, or transferred to any third party as part of a shutdown. If a business transfer (acquisition, merger) occurs, it will be governed by Section 7 of our Privacy Policy, which requires 30 days' notice and your ability to ask us to delete your account before any transfer.
- Permanent deletion: after the export window closes, all user data, including encrypted documents, encryption keys, and personal information, will be permanently and irreversibly deleted from our systems and backups.
16. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will email you at least 30 days before they take effect and update the “Last Updated” date at the top of this page. We may make a change sooner if the law or the security of the Service requires it. For some changes, we will also ask you to accept the new Terms the next time you sign in. Your continued use of the Service after a change takes effect constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, stop using the Service and ask us to delete your account (Section 14).
17. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved exclusively in the state or federal courts located in Delaware.
18. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
19. Contact Us
Keepacy is operated by Keepacy, Inc. If you have questions about these Terms, contact us at:
- Email: support@keepacy.com
- Privacy inquiries: privacy@keepacy.com
- Legal notices and fiduciary requests: legal@keepacy.com
- Mail: Keepacy, Inc., 24 Maxwell Drive #1037, Clifton Park, NY 12065, United States