Terms of Service

Public Offer for the Use of "Keep-Them" Notification Automation Platform. Bratislava, Slovakia.

This document constitutes an official public offer (hereinafter referred to as the "Offer" or "Agreement") by the Keep-Them platform architecture (hereinafter referred to as the "Provider") and outlines the legally binding terms and conditions governing the access, licensing, and operational use of the Keep-Them cloud-based automated notification delivery application (hereinafter referred to as the "Service"). Full, unconditional, and irrevocable acceptance (Acceptance) of the terms of this Public Offer is established upon the Customer executing any of the following operational actions: completing the account registration workflow on the Service website, initializing external CRM API communication channels, establishing third-party messenger session authorizations, or executing a successful transaction processing payment for any designated subscription tier.

1. GENERAL PROVISIONS

1.1. By executing an Acceptance, the Customer warrants that they have thoroughly reviewed, comprehensively understood, and unequivocally agreed to be bound by all structural clauses, monetary protocols, and liability disclaimers set forth within this Agreement without reservation, modifications, or future legal recourse against the Provider.

1.2. The Customer acknowledges and affirms that the Service infrastructure is licensed and provided on an internationally recognized "As Is" and "As Available" software delivery framework, without any express, implied, or statutory warranties of merchantability, uptime milestones, or fitness for specific client-side administrative configurations.

2. TERMS AND DEFINITIONS

2.1. "Service" (The Platform) — The proprietary cloud application environment "Keep-Them", accessible via standard browser web-interfaces (www.keep-them.com), designed to ingest webhooks from external management ecosystems, compile dynamic transaction payloads based on customer layouts, and route data via automated communication parameters.

2.2. "Customer" — Any legal entity, registered individual entrepreneur, or competent natural person operating a commercial entity who completes the software acceptance workflow to deploy automation frameworks across their consumer interactions.

2.3. "Administrative Console" (Dashboard) — The authenticated, secure operational section of the Service interface accessible exclusively via distinct cryptographic user tokens, enabling the configuration of scheduling matrices, transactional template blueprints, log inspection analytics, and secure billing execution.

2.4. "Messenger Session Access Parameters" — Technical authentication artifacts, including but not limited to volatile session state strings, active cookie caches, secure token handshakes, and cryptographic identity parameters (such as Telethon protocols for Telegram and active container states for WhatsApp Web emulations) supplied directly by the Customer to initialize their personal or company communication endpoints as active transmission routers.

3. SUBJECT OF THE AGREEMENT

3.1. The Provider hereby grants the Customer a restricted, non-exclusive, revocable, non-transferable, and time-limited simple license to access and interact with the software interface of the Service. In consideration for this access, the Customer covenants to execute timely subscription payments aligned with their selected operational tier matrix.

3.2. This Agreement does not transfer, assign, or yield any intellectual property rights, proprietary source code baselines, design-system layouts, trade secrets, background algorithms, or corporate trademark registrations owned by the Provider to the Customer.

4. TECHNICAL EXECUTION FRAMEWORK & PRODUCT SPECIFICS

4.1. Critical Protocol Notice: The Service does not function as an independent telecom aggregator or an official developer of standard corporate chatbot APIs. The platform utilizing user-bot session structures deploys messaging parameters directly from, through, and on behalf of the Customer's own personal or business application profiles linked via local browser runtime abstractions.

4.2. The Customer independently, on their own initiative and under their absolute operational supervision, establishes external CRM integrations (such as Altegio API endpoints) and logs into their active application accounts in Telegram (via OTP code handshakes) and WhatsApp (via scanning localized web-session QR-codes).

4.3. The Service dynamically tracks incoming webhooks issued from the Customer's designated CRM framework, translates variables into user-customized template arrays, and automatically pushes payloads through the Customer's active session channels.

4.4. To protect recipients from spam fatigue and to respect the operational policies of third-party messaging platforms, the Service deliberately paces outbound transmissions (rate limiting and randomized send jitter). The Service does not guarantee instantaneous delivery of any individual message.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Provider covenants to:

  • Maintain the fundamental software availability of the Administrative Console and core background processing systems, excluding scheduled maintenance windows, emergency server remediation events, or regional internet transit disruptions.
  • Deploy robust cybersecurity controls, including encryption-at-rest for stored API keys, credentials and messenger session artifacts, and redaction of personally identifiable information from operational logs and error monitoring.

5.2. The Customer covenants to:

  • Remit complete subscription dues prior to system initialization in accordance with chosen billing milestones.
  • Utilize the Service architecture strictly for business transactional tracking, service notifications, and confirmation updates directed exclusively toward active consumers who have provided explicit, verifiable, and legally documented opt-in consent to receive communication inside their digital communication channels.
  • Prohibited Abuse Clause (Anti-Spam & Operational Indemnity): The Customer shall not under any circumstances utilize the Service infrastructure to distribute unsolicited bulk commercial advertisements ("cold marketing spam") to individuals who lack active appointment histories inside the Customer's CRM database. Violation of this clause triggers immediate termination without refund. Furthermore, the Customer shall be held strictly and fully liable for all infrastructure remediation expenses, technical costs, and damages resulting from public IP blacklisting or platform domain degradation caused directly by such violation.

6. FINANCIAL PROVISIONS, DYNAMIC PRICING MATRIX, AND RECURRENT RENEWALS

6.1. Dynamic Billing Framework: Financial access metrics, specific functional features, message volume constraints, and respective subscription rates are determined dynamically by the interactive pricing tables, modular tier parameters, and sliders active on the official website (www.keep-them.com) or within the Customer's Administrative Console at the timestamp of purchase or auto-renewal, which are incorporated into this Agreement by reference.

6.2. Unilateral Rate Modifications: The Provider preserves the unilateral right to restructure, modify, or update pricing metrics, active subscription tiers, or platform billing frequencies at any time. For active ongoing subscribers, any structural rate modifications shall apply exclusively to subsequent billing periods and shall be made visible on the platform or communicated via formal electronic mail transmission at least ten (10) calendar days prior to the automated execution of the modified rate structure. Pricing on the live public interface applies immediately to all newly initialized accounts and plan upgrades.

6.3. Subscription & Renewal: Access to the platform is provided on a subscription basis for the selected billing period. The applicable payment mechanism (including any available automatic renewal) is the one presented in the Customer's Administrative Console or on the official website at the time of payment. The Customer may terminate or downgrade the subscription via the Dashboard settings or by written notice to info@keep-them.com before the next billing period begins; termination does not entitle the Customer to a refund for the current paid period except where required by applicable law.

7. STRUCTURAL SHIFTING OF RISKS & ABSOLUTE DISCLAIMERS

7.1. Third-Party Independent Architecture: The software architecture "Keep-Them" is a completely separate standalone application. The Provider is not endorsed by, sponsored by, partner to, or in any capacity associated with Meta Platforms Inc., WhatsApp LLC, Telegram Messenger Inc., or the corporate proprietors of CRM systems like Altegio.

7.2. Account Suspension Disclaimers (Absolute Exoneration): The Customer fully understands and legally acknowledges that third-party communication platforms (WhatsApp, Telegram) constantly deploy advanced anti-automation algorithms, heuristic device tracking, and automated anti-fraud sandboxes to mitigate unauthorized scripts. The Provider accepts ZERO legal liability, financial responsibility, or operational accountability for any account restrictions, messaging rate-limits, temporary freezes, or permanent account suspensions (bans) enforced against the Customer's phone numbers or profiles by the moderation systems of WhatsApp or Telegram.

7.3. If the Customer experiences account bans on third-party platforms, the Provider's service delivery metrics for Keep-Them are deemed completed in full, and no subscription refunds, mitigation expenses, or account replacement offsets will be issued.

7.4. Delivery Matrix Limitations: The Provider cannot guarantee absolute transmission success. Disruptions caused by network routing drops, localized mobile device disconnections, unexpected WhatsApp Web container termination, CRM Altegio web-service down-times, or instant alterations to underlying third-party protocol methods are excluded from the Provider's fault spectrum.

7.5. Maximum Liability Cap & Total Indemnity: The cumulative, aggregated financial liability of the Provider for any direct damages, operational failures, legal torts, or breaches of warranty under this contract shall be strictly capped at a maximum sum equivalent to the subscription fee actually paid by the Customer for the single (1) month cycle immediately preceding the event giving rise to the claim. The Provider explicitly excludes all claims for lost commercial profits, unearned revenue, local business closures, missed consumer salon check-ins, or damage to business goodwill. The Customer agrees to defend, indemnify, and hold harmless the Provider against any technical costs, legal expenses, domain blacklisting remediation overhead, or third-party statutory compliance fees stemming from the Customer's failure to maintain lawful opt-in records.

8. GOVERNING LAW AND DISPUTE RESOLUTION

8.1. This contract shall be governed by, construed, and enforced in accordance with the laws of the European Union, and where supplemental jurisdiction is required, the domestic laws of the country of the Provider's commercial registration.

8.2. Prior to initializing any formal litigation, the Parties pledge to undergo a mandatory 15-day pre-trial direct negotiation framework. All legal notices and detailed formal claims must be submitted to the official electronic mail desk: info@keep-them.com.

8.3. Jurisdiction & Waiver of Collective Action: Any unsettled conflict arising directly from this contractual structure shall be submitted to the exclusive jurisdiction of the commercial court matching the registered seat of the Provider. The Customer explicitly waives any right to initiate, join, or participate in class-action lawsuits, collective arbitrations, or representative legal proceedings against the Provider.