Terms of Service

1. Acceptance of Terms

By accessing or using &Kept ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service. By creating an account, you confirm that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy.

2. Description of Service

&Kept provides a comprehensive platform for creative businesses and collectors. The Service provides two primary functions:

• For Creators: A studio business operating system that connects strategic planning to daily workflow — including portfolio documentation, AI-powered pricing intelligence, financial tracking, supplies and equipment management, professional exports, and legacy planning.
• For Collectors: A heritage preservation platform for documenting, valuing, and protecting objects of personal and cultural significance — including AI-powered heritage valuations, collection management, professional exports, and legacy stewardship.

The Service includes AI-powered features such as heritage assessments, pricing intelligence, studio supply scanning, and writing assistance. All AI features operate under strict boundaries described in Section 8.

3. Creative Sanctity

&Kept is built on the principle that every creator's process, ideas, body of work, and way of working are sacred. This is absolute and unconditional. By using the Service, you are protected by the following commitments:

• Your process is yours. The Service will never prescribe how you should work, what you should make, or how you should run your creative practice.
• Your ideas are yours. No AI in the Service will ever mine, analyze, learn from, or generate creative concepts based on your work.
• Your body of work is yours. Every image, piece, description, and story you upload belongs to you completely. The Service stores it for you — it does not claim any creative rights over it.
• Your way of working is yours. Whether your process is methodical or chaotic, the Service works for all of them equally without judgment.
• Your business details are yours. Financial data, pricing strategies, client lists, supplier relationships, and sales data are private, protected, and never shared or aggregated across users.

These protections are structural constraints built into the architecture of the Service. They are not settings that can be overridden.

4. Intellectual Property Rights

Platform Ownership

The Service, including but not limited to all software, code, algorithms, AI models, methodologies, user interface designs, graphics, logos, trademarks, and documentation, is owned by &Kept and its licensors. All rights not expressly granted herein are reserved.

Proprietary AI Systems

Our heritage assessment system, pricing intelligence engine, and studio scanning system, including their valuation methodologies, classification systems, prompt engineering, and domain-specific training, constitute proprietary trade secrets and intellectual property of &Kept. Users acknowledge that the specific approaches, frameworks, and outputs generated by our AI systems are protected intellectual property.

Your Content Ownership

You retain full ownership of all content you upload to the Service ("Your Content"), including photos, videos, stories, documentation, strategic data, financial records, and business information. By using the Service, you grant &Kept a limited, non-exclusive, royalty-free license to store, display, and process Your Content solely for the purpose of providing the Service to you. This license does not include any right to use Your Content for AI training, aggregation across users, or any purpose beyond delivering the Service features you are using.

5. Geographic Availability

The Service is currently available only to residents of the United States. By creating an account or subscribing to a paid plan, you represent and warrant that:

• You are a legal resident of the United States
• You have a valid United States billing address
• You will access and use the Service from within the United States

We may expand availability to additional countries in the future. If you are located outside the United States and wish to be notified when the Service becomes available in your region, please contact us.

6. User Accounts

To use the Service, you must:

• Be a resident of the United States
• Be at least 13 years of age (or the age of digital consent in your jurisdiction)
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account
• Accept these Terms of Service at registration

You are responsible for all activities that occur under your account. &Kept reserves the right to terminate accounts that violate these Terms.

7. Prohibited Uses

You agree not to:

• Use the Service for any illegal purpose or in violation of any applicable laws
• Upload content that infringes intellectual property rights of others
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, AI models, or any proprietary algorithms
• Scrape, crawl, or use automated systems to extract data from the Service without written permission
• Copy, reproduce, or create derivative works of the Service's proprietary methodologies or AI outputs for commercial purposes
• Circumvent, disable, or interfere with security-related features of the Service
• Share your account credentials with others or allow third parties to access your account
• Upload malicious code or attempt to compromise the Service's infrastructure
• Interfere with other users' enjoyment of the Service
• Use the Service to develop competing products or services

8. AI Boundaries and Protections

The Service uses AI to support your work, not to direct it. The following boundaries are enforced architecturally across every AI feature in the Service. They are structural constraints — not configurable settings — and cannot be overridden by any user, administrator, or system prompt:

• AI will never generate creative ideas. The Service documents and preserves. It does not direct or influence creative work.
• AI will never give legal advice. Users are directed to licensed attorneys for legal matters.
• AI will never give financial advice. Valuations and pricing intelligence are informational estimates, not financial advice.
• AI will never give mental health advice. Users are directed to licensed professionals.
• AI will never give medical advice. Users are directed to healthcare providers.
• AI will never critique or coach creative work. The creator's process is sacred. The Service has no opinion on it.

Studio Supply Scanning

When you use the photo scanning feature to identify studio supplies, the AI identifies only materials, tools, and equipment. It is architecturally prohibited from:

• Analyzing, describing, cataloging, or learning from any creative work visible in your photos
• Referencing your technique, style, subject matter, or artistic process
• Identifying or categorizing finished pieces, works in progress, or any creative output

Photos submitted for supply scanning are processed in memory only — never stored, never logged, never cached, never used for training.

Pricing Intelligence

The AI pricing intelligence system is credential-aware and channel-specific. It provides anti-bias dual pricing that respects the maker's worth. Pricing suggestions are informational only — you always set your own prices. The system will never undervalue your work based on demographic assumptions or market pressures that do not apply to your specific practice.

9. Workshop Data and Onboarding

If you participate in a Studio Strategy Workshop and consent to &Kept account creation, the following applies:

• Your workshop data (values, mission, goals, revenue streams, sales channels, markets, products, materials, and practice information) is imported into the Service to build your strategic profile
• This data is used solely to power your personal operating system — it is never shared with other users, aggregated, or used for any purpose beyond serving you
• Workshop import requires explicit consent from the workshop administrator and your email address
• You may modify or delete any imported data at any time through your creator profile settings

10. Subscription Plans and Payments

We offer the following plans:

• Free — $0 forever: Up to 15 objects, 3 images per object, 5 collections, strategy tools and profile builder, website strategy extraction, creative pipeline, portfolio views, AI story generation, and 5 AI credits per month.
• &Kept Pro — $12/month or $99/year: Everything in Free, plus unlimited objects and images, unlimited collections, full AI valuations and pricing intelligence, channel-specific pricing (gallery, online, wholesale), anti-bias dual pricing, video and audio capture, all professional exports (insurance, estate, appraisal), collaboration for up to 3 users, legacy steward designation, studio inventory management, bulk import/export, priority AI processing, and 50 AI credits per month.
• &Kept Studio — $29/month or $249/year: Everything in Pro, plus up to 3 team members with individual logins, role-based access (owner, manager, member), consolidated financial reporting, shared materials library, team calendar, activity audit trail, studio branding and badge, aggregated team analytics, priority support, and 75 AI credits per month shared across the team.

One subscription covers all disciplines. A painter who also knits and collects gets one subscription for all of it. Subscriptions are billed on a recurring monthly or yearly basis. You may cancel at any time through your account settings. When you cancel, you retain access until the end of your current billing period. No refunds are provided for partial billing periods. Payments are processed securely through Stripe.

Account Usage Policy

Your &Kept account is for your personal or authorized organizational use only. You agree that:

• Free plans are single-user: Sharing login credentials with others is prohibited. These plans are licensed for one individual user only.
• &Kept Pro allows up to 3 collaborators: Each user must have their own login credentials through the collaborator invitation system. Sharing a single login among multiple people is prohibited.
• &Kept Studio includes up to 3 team members. Each team member must have their own login credentials. Sharing a single login among multiple people is prohibited.
• Session monitoring: We monitor login patterns to detect unauthorized account sharing. Suspicious activity may result in account review.
• Enforcement: We reserve the right to terminate or suspend accounts that violate this policy. Violations may result in immediate termination without refund.

11. AI Credits and Usage

The Service includes AI-powered features that consume credits. Each plan includes a monthly credit allocation that renews automatically every 30 days from your subscription start date:

• Free: 5 AI credits per month
• &Kept Pro: 50 AI credits per month
• &Kept Studio: 75 AI credits per month (shared across all team members)

Credit Costs

Different AI operations consume different amounts of credits:

• AI Valuation or Valuation Refresh: 1 credit per use. The first valuation on each object is included at no credit cost.
• Portfolio Import: 1 credit per AI-assisted import
• Opportunity Match or Opportunity Extract: 0.5 credits per use
• Writing Assistance: 0.25 credits per use
• Image Description (alt text generation): 0.25 credits per use
• Image Quality Check: 0.25 credits per use
• Recording Prompts: 0.25 credits per use

Credit Packs

If you exhaust your monthly credits, you may purchase additional credit packs at any time:

• Starter Pack: 10 credits for $4.99
• Builder Pack: 25 credits for $9.99
• Power Pack: 60 credits for $19.99

Purchased credit packs never expire and carry over month to month. Monthly subscription credits are consumed first; purchased credits are used only after your monthly allocation is depleted. Unused monthly credits do not roll over — they reset at the start of each 30-day cycle. Credit pack purchases are non-refundable.

12. AI-Powered Valuations and Assessments

The Service offers AI-powered heritage assessments, valuation estimates, and pricing intelligence. You understand and agree that:

• AI-generated valuations are for informational purposes only and do not constitute professional appraisals
• Pricing intelligence suggestions are informational estimates, not financial advice — you always set your own prices
• Valuations are not professionally certified appraisals and should not be used as the sole basis for insurance claims, estate planning, or financial decisions
• We make no guarantees regarding the accuracy, completeness, or reliability of AI-generated valuations or pricing suggestions
• You should consult with qualified professional appraisers for official valuations
• Heritage ratings and cultural assessments are subjective interpretations and may vary from professional opinions

13. Accessibility and Image Descriptions

&Kept is committed to accessibility for all users. We provide tools to help you add image descriptions (alt text) to your photos, including AI-generated suggestions. You are responsible for:

• Reviewing and ensuring the accuracy of all image descriptions
• Providing meaningful descriptions that accurately represent your images
• Correcting any AI-generated descriptions that may be inaccurate

AI-generated image descriptions are provided as suggestions only. We make no guarantees regarding their accuracy.

14. Data Security and Sensitive Information

While we implement industry-standard security measures, do not upload or store:

• Social Security numbers, government ID numbers, or tax identification numbers
• Bank account numbers, credit card details, or financial account information
• Passwords, PINs, or security codes
• Medical records or health information
• Legal documents containing sensitive personal data
• Insurance policy numbers or claim details

&Kept is not liable for any sensitive information you choose to store despite this prohibition.

15. Collaborators and Legacy Stewardship

When you invite collaborators to view or edit your objects or collections, you are responsible for ensuring they comply with these Terms. You may revoke collaborator access at any time.

The Service allows you to designate a legacy steward — a trusted person to manage your collection or portfolio if you are unable to. Legacy stewardship designation is a feature of the Service and does not constitute a legal instrument. We recommend consulting with an attorney for estate planning.

16. Data Retention and Deletion

We retain your data as follows:

• Active accounts: Data is retained indefinitely while your account is active
• Paused accounts: Data is retained for 60 days after pausing
• Deleted accounts: Data is permanently deleted within 30 days of account deletion

Your creative work, business data, financial records, and strategic information are never used for aggregate analysis or AI training, even after deletion.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• &Kept shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the greater of (a) the amount you paid for the Service in the 12 months preceding the claim, or (b) $100
• We are not liable for any loss of profits, revenue, data, use, goodwill, or other intangible losses
• We are not liable for decisions made based on AI-generated valuations, pricing suggestions, or assessments
• We are not liable for content posted by other users or third parties

18. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, secure, error-free, or that AI-generated content will be accurate.

19. Indemnification

You agree to indemnify, defend, and hold harmless &Kept and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Service, Your Content, or your violation of these Terms.

20. Dispute Resolution

Binding Arbitration: Any dispute arising from these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

Class Action Waiver: You agree that any arbitration or proceeding shall be conducted on an individual basis and not as a class, consolidated, or representative action.

Small Claims Exception: Either party may bring an individual action in small claims court for disputes within the court's jurisdiction.

21. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Service at least 30 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service. The Creative Sanctity protections in Section 3 and the AI Boundaries in Section 8 may only be strengthened, never weakened, in future revisions.

22. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including violation of these Terms. Upon termination, your right to use the Service will immediately cease. You may export your data before termination using the export feature. Provisions that by their nature should survive termination shall survive.

23. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any legal action not subject to arbitration shall be brought in the state or federal courts located in San Francisco, California.

24. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

25. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and &Kept regarding the Service and supersede all prior agreements and understandings.

26. Contact Us

If you have any questions about these Terms, please contact us at hello@andkept.com or through our contact page.