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.

Your Affirmation When Uploading

By uploading any image, video, audio, document, or text to the Service, you represent and warrant that, with respect to each item:

• You are the author of the work, OR
• You own the copyright in the work (for example, as the maker, employer of the maker under a work-for-hire arrangement, or assignee of rights), OR
• You have permission from the copyright holder to upload, store, and display the work on the Service for your own documentation, collection, valuation, and (where applicable) marketplace purposes, OR
• The work is in the public domain or licensed under terms that clearly permit your use.

Uploading work you did not make and do not have rights to — including images pulled from the internet, social media, other artists' websites, or auction listings — is a violation of these Terms and may also be copyright infringement under applicable law. You are solely responsible for any infringement claim arising from Your Content (see Section 19).

Per-Object Licensing and Reproduction Rights

The Service allows you to record, on a per-object basis, the copyright holder, year of first publication, license type, and the reproduction rights you wish to grant viewers of your public surfaces (gallery, maker profile, marketplace listing, social shares). Available license types include:

• All Rights Reserved (default): No reproduction, derivative work, distribution, or commercial use is permitted without your written permission. Viewers may view the public images on &Kept only.
• Creative Commons Attribution (CC BY): Others may share and adapt the work for any purpose, including commercially, provided they credit you.
• Creative Commons Attribution-NonCommercial (CC BY-NC): Others may share and adapt the work for non-commercial purposes only, with credit to you.
• CC0 / Public Domain Dedication: You release the work into the public domain. You retain no copyright control after this election.
• Custom License: Free-text terms you supply. You are solely responsible for the legal sufficiency of any custom terms.

The license you select governs the rights of third parties who view your work on the public surfaces of the Service. It does not transfer your ownership or copyright; it only grants the specified permissions. You may change the license going forward at any time, but you cannot retroactively revoke a permission a third party already exercised in good-faith reliance on your prior election.

Display protections. Public images are served as downsized, watermarked derivatives with embedded copyright metadata (EXIF/IPTC). Originals remain behind authentication and are accessible only to you, your authorized collaborators, and (where you elect to make a marketplace sale) to the buyer subject to the license terms. The Service also implements UI-level protections (such as right-click and drag-save deterrents and visible rights notices) on public surfaces. These are deterrents and disclosures, not technical guarantees against determined infringement.

Marketplace Sales — What Transfers and What Does Not

When an object is sold through the &Kept marketplace, unless the parties expressly agree otherwise in writing:

• What transfers: Title to the physical object, the right to display it, the right to resell the physical object (subject to the first-sale doctrine where applicable), and the documentation and provenance record &Kept provides as part of the sale.
• What does NOT transfer: Copyright in the work, the right to make reproductions (prints, posters, digital files, NFTs, derivative works), the right to commercially license images of the work, and any moral rights of attribution or integrity that the maker may hold under applicable law.

Both buyer and seller must affirmatively acknowledge these terms at checkout. Buyers who wish to acquire reproduction rights, commissioning rights, or commercial licensing must negotiate those rights separately and directly with the rights holder.

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 18 years of age
• 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. Acceptable Use, Prohibited Uses, and Content

Acceptable Use

The Service is provided exclusively for the following legitimate purposes:

• Documenting, managing, and preserving your own creative work, studio inventory, or personal collections
• Using AI-powered heritage assessments and pricing intelligence for informational purposes related to your own objects
• Managing your creative business operations, including financial tracking, pipeline management, and strategic planning
• Collaborating with invited collaborators or team members within the permissions granted by your plan
• Exporting your own data for personal, insurance, estate, or professional purposes
• Participating in &Kept marketplace features in accordance with marketplace-specific terms

Any use of the Service outside these purposes, or any use that violates these Terms, constitutes misuse and may result in suspension or termination as described in Section 22.

Prohibited Conduct

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
• Share your account credentials with others or allow third parties to access your account
• Upload malicious code, viruses, or any software intended to damage, disrupt, or compromise the Service or its infrastructure
• Interfere with other users' access to or enjoyment of the Service
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Submit fabricated provenance, falsified ownership records, or fraudulent documentation with the intent to deceive
• Manipulate or game the AI valuation system — including submitting false object data, fabricated credentials, or fictitious comparable sales — to produce inflated or misleading valuations
• Use the Service to facilitate fraud, money laundering, or any form of financial crime
• Use the Service to harass, stalk, threaten, or intimidate any person
• Resell, sublicense, lease, or otherwise commercially redistribute access to the Service or any of its features to third parties
• Use the Service on behalf of a third party without &Kept's prior written consent, except as permitted through the collaborator and team member features of your plan

Reverse Engineering and Proprietary System Protections

The Service contains proprietary AI systems, valuation methodologies, classification frameworks, and trade secrets. You expressly agree not to:

• Reverse engineer, decompile, or disassemble the Service or any part of it, including attempting to derive the source code, algorithms, data structures, or architecture
• Probe, extract, or reconstruct AI prompts — including submitting inputs designed to reveal system instructions, persona definitions, boundary rules, or internal prompt structures
• Systematically collect AI outputs to build datasets, train competing models, benchmark the Service's AI capabilities, or create derivative valuation or classification systems
• Scrape, crawl, or use automated tools (including bots, spiders, or scripts) to extract data, content, or outputs from the Service without prior written permission
• Circumvent, disable, or interfere with security features, access controls, rate limits, content moderation systems, or any technical measures designed to enforce these Terms
• Copy, reproduce, or create derivative works of the Service's proprietary methodologies, AI outputs, valuation frameworks, or classification systems for any commercial purpose
• Use the Service to develop competing products or services, or to perform competitive analysis or benchmarking for the benefit of a competing business
• Access or attempt to access any part of the Service, its servers, databases, or related systems through any means other than the interfaces provided by &Kept

Violation of this section constitutes a material breach of these Terms and may result in immediate termination, legal action, and claims for damages including but not limited to misappropriation of trade secrets.

Prohibited Content — Zero Tolerance

&Kept is a platform for documenting and protecting legitimate creative work and personal collections. The following content is strictly prohibited in any form — including but not limited to images, videos, audio, documents, text, metadata, and any other uploaded material:

• Pornography and sexually explicit material. This includes images, videos, documents, or any content depicting sexually explicit acts, regardless of whether the subjects are real or fictional.
• Child sexual abuse material (CSAM). Any content depicting the sexual exploitation or abuse of minors. Discovery of such material will result in immediate account termination and reporting to the National Center for Missing & Exploited Children (NCMEC) and appropriate law enforcement agencies, as required by federal law.
• Content that violates any law — local, county, regional, state, federal, or international. This includes but is not limited to: content promoting illegal activity, content depicting illegal acts, stolen property documentation, content used to facilitate fraud or deception, and any material whose creation, possession, or distribution is prohibited by law.
• Content promoting violence, terrorism, or hate. Material that threatens, incites, glorifies, or promotes violence against individuals or groups based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic.
• Harassment and abuse material. Content created or uploaded for the purpose of harassing, threatening, intimidating, or stalking another person.
• Fraudulent documentation. Forged provenance records, fabricated appraisals, falsified ownership documentation, or any content intended to misrepresent the history, authenticity, or value of objects.

Enforcement — No Exceptions

Accounts that upload, store, or attempt to distribute prohibited content will be terminated immediately and permanently, without prior warning, without refund, and without exception. This applies to all account types, including paid subscriptions.

Upon account termination for prohibited content:

• All account data and uploaded content will be deleted
• Any active subscriptions will be cancelled with no refund issued
• The user will be permanently banned from creating new accounts
• Where required by law, prohibited content will be reported to the appropriate law enforcement authorities
• &Kept reserves the right to cooperate fully with law enforcement investigations related to prohibited content

&Kept exists to protect creative work and cultural heritage. We take the integrity of our platform and the safety of our community seriously. There are no appeals for violations involving illegal content or content that endangers others.

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 plans for both creators and collectors:

Creator Plans (Recurring Subscriptions)

• Creator Free — $0 forever: Up to 10 objects, 3 images per object, 3 collections, strategy tools and profile builder, website strategy extraction, creative pipeline, portfolio views, AI story generation, and 5 AI credits per month. No AI valuations.
• &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.

Collector Plans (One-Time, Lifetime Access)

• Collector Free — $0 forever: Up to 5 objects, 1 image per object, 1 collection. Heritage documentation and basic collection management. No AI valuations.
• Collector Plus — $99 one-time payment, lifetime access: Up to 50 objects, 5 images per object, 10 collections, AI-powered heritage valuations (up to 3 refreshes per object), video and audio capture, all professional exports (insurance, estate, appraisal), collaboration for up to 3 users, and legacy steward designation. No strategy tools or priority AI.

Creator subscriptions are discipline-agnostic — one subscription covers all creative practices. A painter who also knits and collects gets one subscription for all of it. Creator subscriptions are billed on a recurring monthly or yearly basis. Collector Plus is a one-time payment granting lifetime access. Collectors may upgrade to a creator plan at any time; collector lifetime benefits remain intact. You may cancel creator subscriptions 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. Collector Plus purchases are non-refundable. 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 (Creator Free and Collector Free) 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.
• Collector Plus 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. Creator plans include a monthly credit allocation that renews automatically every 30 days from your subscription start date. Collector plans include credits as described below:

• Creator 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)
• Collector Free: No AI credits (AI valuations not available)
• Collector Plus: AI valuations included (up to 3 refreshes per object); additional AI features consume credits from purchased credit packs

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

User Responsibility for Misuse

You are solely responsible for your use of the Service and for any consequences arising from misuse. Without limiting the generality of the foregoing:

• Valuation reliance: If you rely on AI-generated valuations, pricing suggestions, or heritage assessments for insurance claims, estate filings, tax purposes, sales transactions, or any financial decision, you do so at your own risk. The Service expressly disclaims liability for any loss, damage, or adverse outcome resulting from such reliance.
• Content accuracy: You are solely responsible for the accuracy, legality, and appropriateness of all content you upload, including object descriptions, provenance records, images, financial data, and any information you provide to the AI systems. If inaccurate inputs produce inaccurate outputs, &Kept bears no liability for the resulting assessments or decisions.
• Credential misrepresentation: If you provide false or inflated credentials, fabricated exhibition history, fictitious sales records, or any other misleading information to the pricing intelligence or valuation system, you bear full responsibility for any consequences, including but not limited to mispriced sales, tax discrepancies, or third-party claims.
• Third-party harm: If your misuse of the Service causes harm to any third party — including but not limited to fraud, misrepresentation, intellectual property infringement, or distribution of prohibited content — you are solely liable for all resulting damages, claims, and legal costs.
• Account security: You are responsible for maintaining the security of your account credentials. Any actions taken through your account are deemed to have been authorized by you, whether or not you actually authorized them.

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, Flying Spoon Fibers LLC, and their respective officers, directors, founders, employees, agents, licensors, and affiliates (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in any way connected with:

• Your access to or use of the Service
• Your Content, including any claims that Your Content infringes the intellectual property or other rights of any third party
• Your violation of these Terms or any applicable law or regulation
• Your misuse of the Service, including but not limited to: use of AI-generated valuations or pricing data to support fraudulent claims, submission of fabricated data to the AI systems, unauthorized redistribution of Service outputs, or any other use that violates the Acceptable Use or Prohibited Conduct provisions
• Any harm caused to third parties through your use or misuse of the Service
• Any dispute between you and any other user or third party arising from your use of the Service

This indemnification obligation survives termination of your account and 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. Suspension and Termination

&Kept's Right to Suspend or Terminate

&Kept reserves the right, in its sole discretion and without obligation, to suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice, and without liability. Without limiting the foregoing, &Kept may take enforcement action — including immediate suspension or permanent termination — for any of the following:

• Violation of any provision of these Terms, including the Acceptable Use, Prohibited Conduct, Reverse Engineering, or Prohibited Content sections
• Uploading or distributing prohibited content as defined in Section 7
• Attempting to reverse engineer, probe, or extract proprietary systems, AI prompts, or trade secrets
• Engaging in fraud, misrepresentation, or manipulation of the Service's AI systems
• Using the Service to develop competing products or for unauthorized benchmarking
• Reselling, sublicensing, or commercially redistributing access to the Service
• Sustained or repeated violations of any kind, even if individually minor
• Conduct that, in &Kept's sole judgment, endangers the safety, security, or integrity of the Service, its users, or its systems
• Failure to pay applicable fees after reasonable notice
• Any other conduct that &Kept reasonably determines is harmful to the Service, its users, or its reputation

Enforcement Actions

Depending on the severity and nature of the violation, &Kept may take one or more of the following actions:

• Warning: For first-time or minor violations, &Kept may issue a written warning specifying the violation and required corrective action.
• Temporary suspension: &Kept may suspend your account for a specified period. During suspension, you will not be able to access the Service, but your data will be retained.
• Feature restriction: &Kept may restrict access to specific features (such as AI valuations, marketplace participation, or export functions) while allowing continued use of other features.
• Permanent termination: &Kept may permanently terminate your account and delete all associated data. Terminated users may be prohibited from creating new accounts.
• Immediate termination without warning: For violations involving prohibited content (Section 7), illegal activity, or conduct that poses a safety or security risk, &Kept will terminate the account immediately without prior notice, without refund, and without exception.

&Kept is not obligated to follow a graduated enforcement sequence. The nature and severity of the violation, the risk to the platform and its users, and &Kept's sole assessment of the situation will determine the appropriate response.

Effect of Termination

Upon termination of your account:

• Your right to access and use the Service ceases immediately
• Any active subscriptions are cancelled; no refund is issued for termination due to misuse or violation of these Terms
• Your data will be handled in accordance with the Data Retention and Deletion section (Section 16), except that data related to prohibited content or illegal activity may be preserved as required by law or for law enforcement cooperation
• You remain liable for any obligations or liabilities incurred before termination
• The following sections survive termination: Creative Sanctity (3), Intellectual Property Rights (4) — including the per-object licensing, marketplace transfer, and uploader affirmation sub-sections — Reverse Engineering and Proprietary System Protections (7), Limitation of Liability (17), Disclaimer of Warranties (18), Indemnification (19), Dispute Resolution (20), Governing Law (23), and Copyright Complaints / DMCA (26)

Your Right to Terminate

You may terminate your account at any time through your account settings or by contacting us. You may export your data before termination using the export feature. Upon voluntary termination, you retain access until the end of your current billing period. No refunds are provided for partial billing periods.

23. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, 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 the State of North Carolina, in the county where Flying Spoon Fibers LLC maintains its principal place of business. The parties consent to the personal jurisdiction of such courts.

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. Copyright Complaints (DMCA Takedown)

&Kept respects the intellectual property rights of others and expects its users to do the same. If you believe in good faith that material on the Service infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (17 U.S.C. § 512). To be effective, your notice must include all of the following:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• Identification of the copyrighted work claimed to have been infringed (or, if multiple works, a representative list);
• Identification of the material claimed to be infringing, with sufficient detail to allow us to locate it (object URL, page URL, image position, etc.);
• Your contact information (name, mailing address, telephone number, and email address);
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law;
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Where to send notices: Email dmca@andkept.com with subject line "DMCA Takedown Notice." We respond to properly formed notices and will remove or disable access to material reasonably believed to be infringing.

Counter-notices. If material you uploaded was removed and you believe in good faith that the removal was the result of mistake or misidentification, you may submit a counter-notice meeting the requirements of 17 U.S.C. § 512(g). Send counter-notices to the same address.

Repeat infringers. &Kept terminates the accounts of users who are determined, under appropriate circumstances, to be repeat infringers. Filing a knowingly false notice or counter-notice can subject you to liability for damages under Section 512(f).

27. Contact Us

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