Terms of Service
Effective date: August 1, 2026
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 subscription payment.
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 (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 grants the Customer a restricted, non-exclusive, revocable, non-transferable, and time-limited license to access the Service. Access is paid based on the number of connected locations and the published quantity pricing, except where the Administrative Console expressly displays a trial that the Provider has enabled for that account.
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 uses server-managed session connectors to deliver notifications through the Customer's own personal or business Telegram and WhatsApp accounts.
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 one-time authorization codes) and WhatsApp (via scanning a connection QR code).
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.
- Apply the security controls described in the Privacy Policy, including application-layer encryption for high-value integration tokens and the Telegram session string, access restrictions and isolation for persistent WhatsApp state, password hashing, log minimization, and redaction of recognized sensitive structured fields.
5.2. The Customer covenants to:
- Pay the applicable subscription dues before paid access begins. If an enabled trial is expressly displayed in the Administrative Console, its displayed conditions apply until it expires; otherwise no trial is provided.
- 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.
5.3. Data roles: the Customer is the controller of its client and booking data, and Keep-Them processes that data on the Customer's instructions to provide reminders. Keep-Them is an independent controller for account, authentication, security, billing, subscription, and support data, as described in the Privacy Policy.
6. FINANCIAL PROVISIONS, LOCATION-BASED PRICING, AND RECURRENT RENEWALS
6.1. Location-Based Pricing: The Service provides one Start subscription plan with the same functional scope for every connected location. The monthly unit price and total subscription amount are determined by the number of connected locations and the quantity brackets published on the official website (keep-them.com) or in the Customer's Administrative Console at the time of purchase or renewal.
6.2. Rate Modifications: The Provider may modify the published quantity brackets, unit prices, or billing frequencies. For active subscribers, changes apply only to subsequent billing periods and shall be displayed on the platform or communicated by email at least ten (10) calendar days before the modified rate takes effect. Pricing displayed at checkout applies immediately to newly initialized subscriptions.
6.3. Subscription & Renewal: Access to the platform is provided on a subscription basis for the selected billing period. The payment and renewal mechanisms available to the Customer are those presented in the Administrative Console or on the official website. If an external payment-provider integration is enabled, supported card management and automatic-renewal controls are provided by that provider. The Customer may terminate the subscription through an available provider-management link 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 observe a mandatory 15-day pre-litigation direct negotiation period. All legal notices and detailed formal claims must be submitted to: 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.