Terms of Use

1. Who I am, and these terms

Kept is an iPhone app sold by Brucelabs, a one-person business in Wisconsin ("I", "me", "my", or "Brucelabs"). These Terms of Use ("Terms") are an agreement between you and me about your use of Kept. By downloading or using Kept, you agree to these Terms. If you don't agree, please don't use Kept.

My Privacy Policy explains how Kept handles information. The short answer is that it doesn't collect any.

2. Apple's Standard EULA

Kept is licensed to you under Apple's Licensed Application End User License Agreement (the "Standard EULA"), which is part of these Terms by reference. These Terms add to the Standard EULA. If the two conflict, the Standard EULA controls on the license itself, and these Terms control on everything else, to the extent the law allows.

As the Standard EULA says, these Terms are between you and me, not Apple. Apple isn't responsible for Kept or its content, has no obligation to provide support or maintenance for it, and isn't responsible for any claims about it. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

3. What Kept is, and isn't

Kept is a self-control aid. It helps you set limits on apps you choose, on your own phone, using Apple's Screen Time.

Kept is not a security product, a parental-control product, a medical device, or a safety device. It isn't designed to control someone else's phone, to treat or diagnose any condition, or to keep anyone safe. Please don't use it for any of those.

4. No guarantee of blocking

Kept works through Apple's Screen Time framework, and iOS decides when and how a block is applied. I can't guarantee that any app will be blocked, or unblocked, at any particular time. For example:

• You, or iOS, can revoke Kept's Screen Time permission at any time, and blocks stop when that happens.
• iOS may apply a block late, miss a scheduled change, or keep a block in place after you delete Kept.
• iOS updates can change how Screen Time behaves.

Kept checks its own blocks each time you open it and tells you when protection is off, but it can't prevent these things.

5. Emergencies

Don't rely on Kept in an emergency. Kept never blocks phone calls or emergency services, and it only limits the apps you pick. Emergencies and Turn Kept off are always available, on every plan. Even so, if you need help, use your phone's calling and emergency features directly.

6. Trial, subscriptions, and refunds

• The trial. Kept includes 14 days of Kept Pro from your first download. It's built into the app, needs no card, and never charges you. When it ends, Kept switches to Kept Free unless you choose to buy Kept Pro.
• Subscriptions. Kept Pro is available as a monthly or yearly subscription, or as a one-time purchase. Subscriptions renew automatically at the end of each period until you cancel. You can cancel at any time in iOS Settings → Apple Account → Subscriptions. Cancelling stops the next renewal, and you keep Kept Pro until the end of the period you've paid for.
• Billing and refunds. Apple processes all payments, and your purchase is also subject to Apple's terms. I don't have access to your payment details and can't issue refunds myself. To request a refund, go to reportaproblem.apple.com.
• Family Sharing. Kept Pro supports Apple's Family Sharing for every plan, so members of your Family Sharing group may use it too, as Apple's rules allow.
• Prices. Prices are shown in the App Store before you buy and may change. A price change for a subscription applies only as Apple allows, and Apple will tell you in advance where required.

7. License and acceptable use

Subject to these Terms and the Standard EULA, I give you a personal, non-exclusive, non-transferable license to use Kept on Apple devices you own or control. I keep all rights I don't expressly give you. You agree not to:

• use Kept to monitor, control, or restrict another person's device without their knowledge and consent;
• use Kept in a way that breaks the law or Apple's terms;
• copy, resell, or redistribute Kept, or reverse-engineer it, except where the law allows despite this limit; or
• interfere with Kept's purchase checks or try to get Kept Pro without paying for it.

8. "As is"

Kept is provided "as is" and "as available". To the fullest extent the law allows, I disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. I don't promise that Kept will be uninterrupted, error-free, or suited to your needs. Some places don't allow these disclaimers, so parts of this section may not apply to you.

9. Limitation of liability

To the fullest extent the law allows:

• I'm not liable for any indirect, incidental, special, consequential, or punitive damages.
• I'm not liable for lost time, missed messages or notifications, missed opportunities, or any consequence of an app being blocked, or not being blocked, including when a block applies at an inconvenient moment.
• My total liability for all claims about Kept is limited to the greater of the amount you paid for Kept in the 12 months before the claim arose, or US$50.

These limits apply whatever the legal theory, even if I was told a loss was possible. Nothing in these Terms limits liability that can't be limited by law.

10. Indemnity

If you use Kept in a way that breaks these Terms or the law, and that leads to a claim against me, you agree to cover my reasonable costs of that claim, including reasonable legal fees.

11. Changes

I may update these Terms from time to time. When I do, I'll post the new version on this page with a new effective date, and for a significant change I'll give notice on this site at least 14 days before it takes effect. If you keep using Kept after a change takes effect, you accept the updated Terms. If you don't agree, stop using Kept and cancel any subscription.

12. Governing law

These Terms are governed by the laws of the State of Wisconsin and applicable United States federal law, without regard to conflict-of-law rules. If you live outside the United States, you keep any consumer protections that the law where you live gives you and that can't be waived by agreement.

13. Disputes and arbitration

Please email me first at kept@brucelabs.io. Most problems get sorted out quickly that way. If you and I can't resolve a dispute within 60 days, then:

• Small claims. Either of us may bring an individual claim in small claims court, in Wisconsin or in the county where you live, if the claim qualifies.
• Individual arbitration. Otherwise, the dispute will be resolved by binding arbitration on an individual basis, administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration may be held by video or phone, or in the county where you live. Fees are paid as those rules provide.
• No class actions. You and I each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not combine more than one person's claims.
• Opting out. You can opt out of arbitration and the class-action waiver by emailing kept@brucelabs.io within 30 days of first accepting these Terms, with the subject "Arbitration opt-out" and your name. If you opt out, disputes will be heard in the state or federal courts located in Wisconsin, and you and I both consent to their jurisdiction.

If the class-action waiver is found unenforceable for a claim, that claim will be heard in court, not arbitration.

14. Severability and the whole agreement

If any part of these Terms is found unenforceable, it will be limited as little as necessary, and the rest stays in effect. If I don't enforce a part of these Terms right away, I haven't waived it. These Terms, the Standard EULA, and my Privacy Policy are the whole agreement between you and me about Kept. You may not transfer these Terms without my consent.

15. Contact

Brucelabs
Wisconsin, United States
Email: kept@brucelabs.io