Terms of Service

Effective Date: March 15, 2026 · Last Updated: March 15, 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 (“we,” “us,” or “our”).

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.

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.

4. Description of the Service

Keepacy provides a secure digital vault and check-in system that allows you to:

  • Upload and store important documents in an encrypted vault.
  • Designate beneficiaries who may receive access to your documents.
  • Configure a periodic check-in system (the “dead man's switch”) that monitors your activity and, upon prolonged inactivity, initiates a notification and escalation sequence that may ultimately grant your designated beneficiaries access to your shared documents.

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 check-in confirmations, two-factor authentication codes, and escalation alerts.

  • Opt-in: by providing your phone number and enabling SMS features in your account settings, you consent to receive automated text messages from Keepacy. SMS consent is not a condition of any purchase.
  • 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 two-factor authentication codes when logging 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. You may also disable SMS features in your account 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 access, review, or share your encrypted documents except as required to provide the Service (including facilitating secure document release to verified beneficiaries after death certification) or as compelled by valid legal process.

7. Beneficiary Access and the Check-In System

  • You control which documents are shared with which beneficiaries.
  • The check-in system operates as you configure it. If you fail to respond to check-in prompts within your configured inactivity window, the system will automatically begin escalation procedures, which may ultimately result in your beneficiaries receiving access to your shared documents.
  • 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 after they receive access to shared documents.
  • 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)

(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 or incapacity.

(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-2.1).

(c) Scope of Directive

Your directive controls:

  1. Which beneficiaries receive access to your digital assets;
  2. Which digital assets each beneficiary may access, controlled via the document visibility settings (private/non-private) in your vault;
  3. Whether beneficiaries receive access to the content of your digital assets or only to a catalogue (title, category, date) of those assets.

(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). When you grant content access to a beneficiary through Keepacy's online tool, you are specifically and voluntarily consenting to content disclosure, including the content of any electronic communications stored in your vault. This consent is recorded at the time you designate each beneficiary.

(e) Modification and Revocation

You may modify or revoke your directive at any time by:

  1. Adding, editing, or removing beneficiaries;
  2. Changing document visibility settings (private/non-private);
  3. Deleting your account entirely.

All modifications take effect immediately and are logged for legal compliance purposes. Prior versions of your directive are preserved in audit records. 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

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:

  1. A certified copy of letters testamentary, letters of administration, court order of appointment, or equivalent document establishing fiduciary authority;
  2. A certified death certificate (if applicable);
  3. A written request specifying the scope of access sought (catalogue only, or catalogue and content);
  4. 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. Keepacy reserves the right to require a court order before disclosing content of digital assets to a fiduciary who is not a designated beneficiary.

(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.

(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. 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.

(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 you understand this directive may supersede your will or trust, and (2) that you consent to content disclosure to the designated beneficiary. 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 legal 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.

8. Subscriptions and Payment

  • Keepacy offers free and paid subscription tiers. Free accounts are subject to storage and feature limits.
  • Paid subscriptions are billed monthly or annually, as selected at the time of purchase.
  • Payments are processed by Stripe. By subscribing, you agree to Stripe's terms of service.
  • You may cancel your subscription at any time. Access to paid features continues until the end of the current billing period.
  • We reserve the right to change pricing with 30 days' advance notice. Price changes do not apply to the current billing period.

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.

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.

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

  • You may delete your account at any time from your account settings. Account deletion is subject to a 30-day grace period, after which all data is permanently removed.
  • 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 data export: you may export your entire vault at any time from your account settings, without waiting for any discontinuation notice.
  • 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 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 notify you by email and update the “Last Updated” date at the top of this page. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service and delete your account.

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

If you have questions about these Terms, contact us at: