Terms of Service

Last Updated: February 17, 2026

Keep'em is a product of CheckoutJoy (Pty) Ltd.

1. Definitions

1.1 "Account" means the account created by a Host to access and use the Services.

1.2 "Agreement" means these Terms together with the Privacy Policy, Data Processing Agreement (if applicable), Acceptable Use Policy, and any Order Forms or subscription confirmations.

1.3 "AI Chat" means the artificial intelligence-powered chat functionality that provides automated responses to Viewer questions based on Event content and Knowledge Base materials.

1.4 "Authorized User" means any individual within the Host's organization who is permitted to access and use the Services on behalf of the Host.

1.5 "Content" means all materials including text, graphics, videos, audio, data, documents, and other information provided through or in connection with the Services.

1.6 "Event" means any pre-recorded video presentation, webinar, training, demo, onboarding video, or similar content hosted on the Platform.

1.7 "Host" means the individual or entity that creates an Account and uses the Services to host Events, upload Content, and manage Viewer interactions.

1.8 "Host Content" means all Content uploaded, submitted, or created by a Host including videos, documents, Knowledge Base materials, and configuration settings.

1.9 "Knowledge Base" means the collection of documents, URLs, text, and other materials uploaded by a Host to augment AI Chat responses.

1.10 "Organization" means the business entity, company, or organization on whose behalf a Host creates an Account.

1.11 "Platform" means the Keep'em software application, including the web application, dashboard, APIs, embeddable widgets, and all related infrastructure.

1.12 "Project" means a logical grouping of Events within an Organization with shared settings and branding.

1.13 "Services" means the Platform and all related services, features, and functionalities provided by Company.

1.14 "Session" means a single viewing instance where a Viewer watches an Event.

1.15 "Stream Units" means the unit of measurement for video data delivery and AI usage, as defined in the applicable pricing documentation.

1.16 "Subscription" means the paid access to the Services as specified in the Host's subscription plan.

1.17 "User" means any individual who accesses or uses the Services, including Hosts, Authorized Users, and Viewers.

1.18 "Viewer" means an individual who registers for or watches an Event, interacts with AI Chat, or otherwise accesses Content hosted by a Host.

1.19 "Viewer Content" means any Content submitted by Viewers, including chat messages, questions, survey responses, and personal information provided during registration.

2. Acceptance of Terms

2.1 Agreement to Terms. By creating an Account, accessing or using the Services, clicking "I Accept," or otherwise indicating acceptance, you represent that you have read, understood, and agree to be bound by this Agreement. If you are entering into this Agreement on behalf of an Organization, you represent and warrant that you have the authority to bind that Organization to this Agreement.

2.2 Eligibility. You must be at least 18 years of age (or the age of legal majority in your jurisdiction) to create an Account or use the Services as a Host. Viewers must be at least 13 years of age. If you are under 18, you may only use the Services with the involvement and consent of a parent or legal guardian. The Services are not directed to children under 13, and we do not knowingly collect personal information from children under 13.

2.3 Updates to Terms. We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Platform with a new "Last Updated" date and, where you have provided an email address, by sending email notification. Your continued use of the Services after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services and may terminate your Account.

2.4 Additional Policies. Your use of the Services is also subject to our Privacy Policy, Acceptable Use Policy, and any other policies we may publish from time to time. These documents are incorporated by reference into this Agreement.

3. Account Registration and Security

3.1 Account Creation. To access certain features of the Services, you must create an Account by providing accurate, current, and complete information as requested during registration. You agree to promptly update your Account information to keep it accurate, current, and complete.

3.2 Account Security. You are solely responsible for maintaining the confidentiality and security of your Account credentials, including your password. You agree to: (a) create a strong, unique password; (b) not share your credentials with any third party; (c) immediately notify us of any unauthorized access to or use of your Account; and (d) ensure you log out of your Account at the end of each session when using shared devices.

3.3 Account Responsibility. You are responsible for all activities that occur under your Account, whether or not authorized by you, including all activities of Authorized Users and any individual who gains access with or without your permission. Company will not be liable for any loss or damage arising from your failure to comply with your security obligations.

3.4 Authorized Users. You may designate Authorized Users within your Organization to access the Services under your Account. You are responsible for ensuring that all Authorized Users comply with this Agreement and are solely liable for any violations by Authorized Users.

3.5 Account Ownership. Company will regard the person or entity currently paying for the Account as the sole and rightful owner. In case of ownership disputes between partners, employees, or other parties, Company will defer to the billing party and will not be responsible for resolving such disputes. Account transfers require written consent from both the current owner and the recipient, and the recipient must agree to this Agreement.

3.6 One Account Per Entity. Each Organization may maintain only one Account. Creating multiple Accounts to circumvent usage limits, obtain multiple trial periods, or for any other improper purpose is strictly prohibited and may result in immediate termination of all associated Accounts without refund.

4. License and Service Grant

4.1 License Grant. Subject to your compliance with this Agreement and payment of applicable fees, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes during the term of your Subscription.

4.2 API Access. If you are granted access to our APIs, you may use them solely in accordance with our API documentation and any applicable rate limits. You may not use the APIs to create a product or service that competes with the Services or to extract data for purposes other than your own legitimate use of the Services.

4.3 Embedded Widgets. You may embed our widgets in your websites and applications using the provided embed codes and API keys. You are responsible for ensuring that your implementation complies with this Agreement and applicable laws.

4.4 License Restrictions. Except as expressly permitted by this Agreement, you may not: (a) copy, modify, adapt, translate, or create derivative works of the Services; (b) reverse engineer, disassemble, decompile, or attempt to derive the source code of the Services; (c) rent, lease, lend, sell, sublicense, assign, or transfer the Services; (d) remove or alter any proprietary notices; (e) use the Services in violation of any applicable law; or (f) use the Services to develop a competing product or service.

5. Fees and Payment

5.1 Subscription Fees. You agree to pay all fees specified in your Subscription plan. All fees are quoted and payable in U.S. dollars unless otherwise specified. Fees are exclusive of all taxes, levies, and duties, which you are responsible for paying.

5.2 Prepaid Basis. All Subscriptions are provided on a prepaid basis. Payment must be received before Services are activated or renewed. You must maintain a valid payment method on file for recurring charges.

5.3 Automatic Renewal. Your Subscription will automatically renew at the end of each billing period (monthly or annually, as applicable) unless you cancel before the renewal date. We will charge your payment method on file at the then-current rate for your Subscription plan.

5.4 Usage-Based Fees. Certain features may incur usage-based fees (e.g., Stream Units for video delivery and AI usage). If you exceed your plan's included usage, you will be charged overage fees at the rates specified in your plan documentation. Usage is measured and billed based on our records.

5.5 Price Changes. We reserve the right to change our pricing at any time. Price changes will take effect at your next renewal date. We will provide at least 30 days' notice of any price increase.

5.6 Payment Failure. If any payment fails, we may: (a) immediately suspend or terminate your access to the Services; (b) charge interest at the rate of 1.5% per month (or the maximum rate permitted by law, if lower) on overdue amounts; and (c) recover all costs of collection, including reasonable attorneys' fees.

5.7 Refunds. All fees are non-refundable except as follows: (a) new customers may request a full refund of their first payment within 30 days of purchase; (b) refunds are not available for overage fees, usage-based charges, or partial billing periods; (c) refunds are not available after 30 days or for renewal payments. Refunds are issued at Company's sole discretion.

5.8 Cancellation. You may cancel your Subscription at any time through your Account settings or by contacting support at least 10 days before your next billing date. Cancellation will take effect at the end of your current billing period. No refunds or credits will be provided for partial billing periods.

5.9 Chargebacks. If you dispute any charge with your payment provider without first attempting to resolve the issue with us, we may assess a $50 processing fee per chargeback in addition to any amounts owed. We reserve the right to suspend your Account pending resolution of any disputed charge.

5.10 Trial Periods. We may offer free trial periods at our discretion. Trial subscriptions are limited to one per person and one per Organization. Abuse of trial periods (including creating multiple accounts to obtain additional trials) will result in immediate termination and may result in charges for the full subscription price.

6. Acceptable Use Policy

6.1 General Conduct. You agree to use the Services only for lawful purposes and in accordance with this Agreement. You are responsible for all Content you upload, transmit, or display through the Services and for ensuring compliance with all applicable laws and regulations.

6.2 Prohibited Content

You may not use the Services to create, upload, transmit, display, or distribute any Content that:

• Is illegal, fraudulent, deceptive, or misleading
• Infringes any intellectual property, privacy, publicity, or other rights of any third party
• Is defamatory, libelous, abusive, harassing, threatening, or constitutes hate speech
• Is obscene, pornographic, or sexually explicit
• Depicts or promotes violence, terrorism, or exploitation of any person
• Contains malware, viruses, or other harmful code
• Promotes illegal drugs, pharmaceuticals without proper licensing, or controlled substances
• Contains false or misleading health claims, income claims, or business opportunities
• Promotes pyramid schemes, multi-level marketing scams, or fraudulent business practices
• Is spam, unsolicited advertising, or promotional material
• Violates CAN-SPAM, GDPR, or other applicable anti-spam or privacy laws
• Targets, harms, or exploits minors in any way
• Violates any applicable law, regulation, or third-party rights

6.3 Prohibited Activities

You may not engage in any of the following activities:

• Attempting to gain unauthorized access to any portion of the Services or any systems or networks
• Using automated systems (bots, scrapers, spiders) to access the Services without authorization
• Interfering with or disrupting the Services or servers or networks connected to the Services
• Circumventing any security measures, rate limits, or access controls
• Impersonating any person or entity or misrepresenting your affiliation
• Harvesting, collecting, or storing personal data about other Users without consent
• Using purchased, rented, or harvested email lists
• Reselling, sublicensing, or sharing your Account access with unauthorized parties
• Using the Services to develop a competing product or service
• Engaging in any activity that places excessive load on our infrastructure
• Attempting to reverse engineer, decompile, or extract source code from the Services

6.4 User Abuse and Harassment

We have zero tolerance for abuse, harassment, or threatening behavior. The following conduct is strictly prohibited and will result in immediate termination:

• Harassing, bullying, intimidating, or stalking any person through the Services
• Making threats of violence or harm against any person
• Engaging in discriminatory conduct based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, age, disability, or any other protected characteristic
• Doxxing or publishing private or identifying information about others without consent
• Engaging in predatory behavior toward minors or vulnerable individuals
• Creating abusive, hateful, or harassing content targeting individuals or groups
• Repeatedly sending unwanted communications or contacting individuals who have requested no contact
• Using abusive language or behavior toward Company staff, including support personnel

6.5 Scrutinized Activities

The following activities are permitted but subject to enhanced monitoring and may be restricted or terminated if they cause service degradation or reputational harm:

• Cryptocurrency, trading, or financial advice content
• Affiliate marketing and promotional content
• Health, wellness, and supplement-related content
• High-volume email or notification sending
• Real estate and investment opportunity content

6.6 Enforcement. We reserve the right to investigate any suspected violation of this Acceptable Use Policy. We may, in our sole discretion and without notice: (a) remove or disable access to any Content; (b) suspend or terminate any Account; (c) report illegal activities to law enforcement; and (d) cooperate with law enforcement investigations. Violations may result in immediate termination without refund.

7. AI Chat Service

7.1 Nature of AI Chat. The AI Chat feature uses artificial intelligence to generate responses to Viewer questions based on Content in the Knowledge Base and video transcripts. AI Chat is an automated system; responses are not reviewed by humans before delivery. The AI may not always be accurate, complete, or up-to-date.

7.2 No Professional Advice. AI Chat does not provide legal, medical, financial, or other professional advice. Responses should not be relied upon as a substitute for professional consultation. Users should independently verify any information before making decisions or taking actions.

7.3 AI Limitations. You acknowledge that AI systems have inherent limitations, including: (a) potential for inaccurate, incomplete, or outdated responses; (b) inability to understand context in all situations; (c) potential to generate inappropriate content despite safeguards; and (d) dependency on the quality and accuracy of input Content.

7.4 Host Responsibility. As a Host, you are responsible for: (a) the accuracy and appropriateness of Content in your Knowledge Base; (b) reviewing AI Chat performance and correcting inaccuracies; (c) configuring human escalation for questions requiring human judgment; and (d) informing Viewers that they are interacting with an AI system, not a human.

7.5 AI Disclosure. You must clearly disclose to Viewers that they are interacting with an AI system. You may not represent or imply that AI responses are provided by humans. Failure to make appropriate disclosures may violate applicable laws and this Agreement.

7.6 Human Escalation. The AI Chat includes confidence scoring and human escalation features. Questions the AI cannot confidently answer may be flagged for human response. You are responsible for monitoring and responding to escalated questions in a timely manner.

7.7 AI Chat Abuse. Attempting to abuse, manipulate, or "jailbreak" the AI Chat system is prohibited. This includes: (a) prompt injection attacks; (b) attempting to extract system prompts or training data; (c) deliberately providing inputs designed to generate harmful outputs; and (d) using the AI Chat for purposes other than legitimate interaction with Event content.

7.8 Data Handling. AI Chat processing occurs entirely within Company's AWS infrastructure in the European Union (eu-west-1). Your Knowledge Base content, video transcripts, and Viewer chat interactions are processed using AWS Bedrock within our Virtual Private Cloud (VPC). This data is not sent to external AI services, is not shared with or accessible to third-party AI providers, is not used to train AI models, and does not leave our controlled infrastructure. AWS Bedrock processes data in real-time without retaining it beyond the immediate request.

7.9 Disclaimer. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR APPROPRIATENESS OF AI CHAT RESPONSES. THE AI CHAT IS PROVIDED "AS IS" AND "AS AVAILABLE." COMPANY IS NOT LIABLE FOR ANY DAMAGES ARISING FROM RELIANCE ON AI CHAT RESPONSES.

8. Content and Intellectual Property

8.1 Host Content. You retain all ownership rights in your Host Content. By uploading Content to the Services, you grant Company a worldwide, non-exclusive, royalty-free, sublicensable license to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly display, and distribute your Content solely for the purpose of operating and providing the Services. This license continues for as long as your Content remains on the Platform, and for a reasonable period thereafter to allow for deletion and backup procedures.

8.2 Viewer Content. Viewer Content (including chat messages, questions, and registration information) is collected by the Host, not by Company directly. As a Host, you are responsible for obtaining appropriate consents from Viewers for the collection and use of their Content. Company processes Viewer Content on your behalf as a data processor. You acknowledge that you, not Company, are the data controller for Viewer Content.

8.3 Company Intellectual Property. The Services, including all software, algorithms, user interfaces, designs, trademarks, and documentation, are owned by Company or its licensors and are protected by intellectual property laws. Nothing in this Agreement grants you any ownership rights in the Services or any Company intellectual property. The Keep'em name, logo, and all related marks are trademarks of CheckoutJoy (Pty) Ltd and may not be used without prior written consent.

8.4 Feedback. If you provide suggestions, ideas, feedback, or recommendations regarding the Services ("Feedback"), you grant Company a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Services without attribution or compensation.

8.5 Content Representations. You represent and warrant that: (a) you own or have the necessary rights to upload and use all Content you submit; (b) your Content does not infringe any third-party rights; (c) your Content complies with this Agreement and all applicable laws; and (d) you have obtained all necessary consents for any personal information included in your Content.

8.6 DMCA Policy. We respect intellectual property rights and respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA) and similar laws in other jurisdictions. If you believe Content on the Services infringes your copyright, please submit a notice to our designated agent at legal@keepem.io. We reserve the right to terminate Accounts of repeat infringers.

9. Data Processing and Privacy

9.1 Privacy Policy. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into this Agreement by reference.

9.2 Host as Data Controller. As a Host, you are the data controller for Viewer personal data collected through your Events. Company processes this data on your behalf as a data processor. You are solely responsible for: (a) ensuring you have a lawful basis for collecting and processing Viewer data; (b) providing appropriate privacy notices to Viewers; (c) obtaining necessary consents; (d) responding to data subject requests; and (e) compliance with all applicable data protection laws including GDPR, CCPA, and other privacy regulations.

9.3 Data Processing Agreement. If you process personal data of individuals in the European Economic Area, United Kingdom, or Switzerland, or if otherwise required by applicable law, our Data Processing Agreement (DPA) applies. The DPA is available upon request and is incorporated into this Agreement by reference.

9.4 Data Retention. We retain data in accordance with our Privacy Policy and Data Processing Agreement. Upon termination of your Account, we may delete your data after a reasonable retention period, unless longer retention is required by law or for legitimate business purposes.

9.5 Data Security. We implement reasonable technical and organizational measures to protect data against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.

9.6 Sub-processors. We use third-party sub-processors to provide the Services. A current list of sub-processors is available upon request. We will provide notice before adding new sub-processors that process personal data.

9.7 Data Location. All Customer Data is stored and processed within the European Union (AWS eu-west-1 region, Ireland). Data is not transferred outside the European Economic Area except as disclosed in our sub-processor list or as required to provide specific features you explicitly enable. This data residency ensures compliance with GDPR requirements and eliminates concerns related to international data transfers.

9.8 AI Processing Infrastructure. AI Chat functionality is provided through AWS Bedrock, with all processing occurring within our Virtual Private Cloud (VPC) in the EU. Your Content, Knowledge Base materials, video transcripts, and Viewer interactions with AI Chat do not leave our controlled infrastructure. Data is not transmitted to external AI providers, is not used to train third-party AI models, and remains within our secure AWS environment at all times.

10. Disclaimers

10.1 AS IS/AS AVAILABLE. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10.2 No Guarantees. COMPANY DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; OR (E) THE SERVICES WILL FUNCTION ON EVERY DEVICE OR PLATFORM.

10.3 Third-Party Services. The Services may integrate with or link to third-party services. Company is not responsible for the content, accuracy, privacy practices, or availability of third-party services. Your use of third-party services is at your own risk and subject to the terms of those services.

10.4 No Business Guarantees. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING BUSINESS OUTCOMES, INCLUDING BUT NOT LIMITED TO VIEWER ATTENDANCE, ENGAGEMENT, CONVERSIONS, SALES, LEAD GENERATION, OR ANY OTHER BUSINESS METRICS. YOUR SUCCESS DEPENDS ON FACTORS OUTSIDE OUR CONTROL.

10.5 Jurisdictional Limitations. Some jurisdictions do not allow the exclusion of certain warranties. To the extent such exclusions are prohibited by applicable law, some or all of the above exclusions may not apply to you.

11. Limitation of Liability

11.1 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO COMPANY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

11.3 Essential Purpose. THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND THAT, ABSENT SUCH LIMITATIONS, THE TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.

11.4 Jurisdictional Limitations. Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent such limitations are prohibited by applicable law, the above limitations may not apply to you.

12. Indemnification

12.1 Your Indemnification. You agree to indemnify, defend, and hold harmless Company and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Services; (b) your Content; (c) your violation of this Agreement; (d) your violation of any third-party rights, including intellectual property, privacy, or publicity rights; (e) your violation of any applicable law or regulation; (f) any claim that your Content caused damage to a third party; and (g) any violation of data protection laws in connection with your collection or use of Viewer data.

12.2 Procedure. Company will provide prompt notice of any claim subject to indemnification and will cooperate in the defense of such claim. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification at your expense.

12.3 Survival. Your indemnification obligations will survive termination of this Agreement.

13. Termination

13.1 Termination by You. You may terminate your Account at any time by canceling your Subscription through your Account settings and ceasing use of the Services.

13.2 Termination by Company. Company may terminate or suspend your Account immediately, without notice, for any of the following reasons: (a) breach of this Agreement; (b) non-payment of fees after a 7-day grace period; (c) fraudulent, abusive, or illegal activity; (d) activities that harm or threaten to harm Company, other Users, or third parties; (e) upon request by law enforcement or government agencies; (f) extended periods of inactivity; or (g) for any other reason in Company's sole discretion.

13.3 Effect of Termination. Upon termination: (a) your license to use the Services immediately terminates; (b) you must cease all use of the Services; (c) you remain liable for all fees incurred prior to termination; (d) Company may delete your Content after a reasonable retention period; and (e) no refunds will be provided for prepaid amounts.

13.4 Data Export. You are responsible for exporting any data you wish to retain before termination. Company is not obligated to provide data export services after Account termination.

13.5 Survival. Sections that by their nature should survive termination will survive, including but not limited to: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions.

14. Dispute Resolution

14.1 Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact us at support@keepem.io and attempt to resolve the dispute informally for at least 30 days.

14.2 Arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to this Agreement or the Services will be resolved by binding arbitration administered in accordance with the Arbitration Act 42 of 1965 (South Africa) or, for international disputes, the UNCITRAL Arbitration Rules. The arbitration will be conducted by a single arbitrator and will take place in Cape Town, South Africa, or at your election, by telephone, online, or based on written submissions.

14.3 Class Action Waiver. YOU AND COMPANY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

14.4 Exceptions. Either party may bring claims in small claims court if eligible. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

14.5 Opt-Out. You may opt out of the arbitration agreement by sending written notice to legal@keepem.io within 30 days of first accepting this Agreement. The notice must include your name, address, and a clear statement that you wish to opt out.

14.6 Limitation Period. Any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.

15. General Provisions

15.1 Governing Law. This Agreement is governed by the laws of the Republic of South Africa, without regard to its conflict of law principles.

15.2 Entire Agreement. This Agreement, together with the Privacy Policy, Data Processing Agreement, and any Order Forms, constitutes the entire agreement between you and Company regarding the Services and supersedes all prior agreements and understandings.

15.3 Severability. If any provision of this Agreement is held invalid or unenforceable, such provision will be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions will continue in full force and effect.

15.4 Waiver. Our failure to enforce any provision of this Agreement will not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by Company.

15.5 Assignment. You may not assign or transfer this Agreement without our prior written consent. Company may assign this Agreement without restriction in connection with a merger, acquisition, reorganization, or sale of assets.

15.6 Force Majeure. Company will not be liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, strikes, or shortages.

15.7 Notices. Notices to you will be sent to the email address associated with your Account. Notices to Company should be sent to Workshop17, 32 Kloof St, Gardens, Cape Town, 8000, South Africa or legal@keepem.io.

15.8 Export Control. The Services may be subject to export control laws. You may not export, re-export, or transfer the Services in violation of any applicable export control laws or regulations.

15.9 Non-Solicitation. During the term of this Agreement and for 12 months thereafter, you agree not to directly or indirectly solicit or attempt to hire any employee of Company with whom you had contact during the term.

15.10 Independent Contractors. The parties are independent contractors. Nothing in this Agreement creates an employment, partnership, joint venture, or agency relationship.

15.11 Language. This Agreement is in English. If translated into another language, the English version will control in case of any conflict.

16. Viewer Terms

16.1 Applicability. This Section 16 applies specifically to Viewers who access Events through the Platform.

16.2 Host Relationship. As a Viewer, your primary relationship is with the Host who created the Event, not with Company. The Host determines what Content is presented, what information is collected during registration, and how your data is used. Company provides the Platform but is not responsible for Host Content or actions.

16.3 Registration. When you register for an Event, you may be required to provide personal information. This information is collected by the Host, and the Host's privacy practices apply. You should review the Host's privacy policy before registering.

16.4 AI Chat Disclosure. Events may include AI Chat functionality. When using AI Chat, you are interacting with an automated AI system, not a human. AI responses are generated based on Content provided by the Host and may not always be accurate or complete.

16.5 Viewer Conduct. As a Viewer, you agree not to: (a) disrupt Events or interfere with other Viewers' experience; (b) spam, abuse, or harass the AI Chat or other Users; (c) upload harmful content; (d) attempt to gain unauthorized access to the Platform; or (e) violate any applicable laws.

16.6 Waiver of Claims Against Company. As a Viewer, you acknowledge and agree that Company provides the Platform but is not responsible for Host Content, Host actions, or Host data practices. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU WAIVE ANY CLAIMS AGAINST COMPANY ARISING FROM OR RELATED TO HOST CONTENT OR HOST DATA PRACTICES. Your sole remedy for disputes with Host Content or practices is against the Host directly.

16.7 Disclaimers. All disclaimers, limitations of liability, and other protective provisions in this Agreement apply to Viewers' use of the Platform.

17. Open Source and Self-Hosted Terms

17.1 Applicability. This Section 17 applies if you use the self-hosted or open source version of the Keep'em software.

17.2 Open Source License. The self-hosted version of Keep'em is made available under an open source license (the specific license will be specified in the software repository). Your use of the self-hosted software is governed by that open source license, not these Terms, except as specified in this Section.

17.3 No Support or Warranties. The self-hosted version is provided without support, maintenance, or warranties of any kind. You are solely responsible for installation, configuration, maintenance, security, and compliance when self-hosting.

17.4 Bring Your Own Keys. Self-hosted deployments may require you to provide your own API keys for AI services and other third-party integrations. Your use of those services is governed by their respective terms.

17.5 Trademark Restrictions. Even when using the open source version, you may not use the Keep'em name, logo, or trademarks in a way that suggests endorsement by or affiliation with Company without written permission.

18. Contact Information

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