The rules of the road.

By creating an account or using KeepUp, you agree to these Terms of Service (“Terms”) and our Privacy Policy. KeepUp is operated by 16th Street Holdings LLC (“KeepUp,” “we,” “our,” or “us”). If you don’t agree, don’t use the app.

You must be at least 13 years old to use KeepUp. If you live somewhere with a higher minimum digital-consent age (e.g. parts of the EU), that age applies. To subscribe to a paid tier, you must be old enough to enter into a binding contract where you live (typically 18).

KeepUp is currently available only in the United States. If you use it from outside the U.S., you do so at your own risk and you’re responsible for compliance with local law.

You sign in to KeepUp with your phone number. You’re responsible for keeping access to that number secure — if someone else can receive your texts, they can sign in as you. If you suspect your account has been accessed without your permission, contact us right away.

You can have one account per phone number. We may suspend or close accounts that violate these Terms.

KeepUp is a tool for staying in touch with people you actually know. It’s not for sales outreach, harassment, or automated messaging.

You agree not to:

• Use KeepUp to send unsolicited messages, marketing, or anything that violates anti-spam or telemarketing laws (e.g. the TCPA).
• Add someone to KeepUp who has asked not to be contacted, or whose contact information you don’t have permission to use for personal communication.
• Use the app to harass, threaten, defraud, or impersonate anyone.
• Reverse-engineer the app, attempt to access systems we haven’t made public, or interfere with how the service works for other people.
• Resell, rent, or commercially exploit the app or any part of it without our written permission.

In-app calls.KeepUp’s calls are for real conversations with people you know. Don’t use them to harass, threaten, or share content that’s illegal or violates someone else’s rights, and don’t record or capture another person without their consent. Every call includes a one-tap report & blockcontrol; we review reports and may suspend or remove accounts that abuse calling. We don’t monitor or record the content of calls, so we rely on your reports to keep KeepUp safe.

When you invite someone to a recurring catch-up, KeepUp opens your phone’s SMS app with a draft message and you press send. KeepUp itself does not deliver the message; your carrier does, the same way it would for any other text you send.

You confirm that you have a personal relationship with the people you invite and a reasonable belief that they want to hear from you. You’re responsible for the messages you send through your own SMS app, even when KeepUp drafts them for you.

KeepUp is free to use for your first 5 user-initiated catch-ups. After that, if you want to keep scheduling new ones, you’ll need one of the paid plans below. Prices and terms are shown in the app before you confirm.

• Who pays.Only people who INVITE someone to a recurring catch-up are ever charged. If you only accept invites from friends who use KeepUp, you remain on the free tier indefinitely — no payment required, no time limit.
• Subscription plans. Two monthly, auto-renewing plans, billed through your Apple App Store or Google Play account. Prices shown in the app may vary by region; the amounts below are the U.S. price:
  • Scheduling — $0.99/month. Recurring scheduling, smart reminders, streaks, and groups.
  • Calling — $2.99/month. Everything in Scheduling, plus in-app calls and video, conversation starters, and in-call games.
• Free trial from invites.When you start a paid plan, you get a free trial whose length scales with how many friends you’ve invited who joined KeepUp: 1–2 earns 1 month free, 3–4 earns 2 months, 5–9 earns 3 months, and 10 or more earns 6 months. The free trial runs through your Apple App Store or Google Play account; when it ends, the plan auto-renews at the price above unless you cancel first.
• Auto-renewal. Subscriptions auto-renew at the end of each billing period unless canceled at least 24 hours before the period ends. Your payment method is charged when the subscription renews.
• How to cancel. Cancel anytime in your Apple ID Subscriptions settings (iOS) or Google Play Subscriptions (Android). Canceling stops future renewals; your access continues until the end of the current period.
• Refunds.Refunds are handled by Apple and Google according to their store policies; we don’t process payments directly and can’t issue store refunds. For App Store: report a problem at reportaproblem.apple.com. For Google Play: request a refund through the Play Store.
• Price changes.If we change the price of an existing subscription, we’ll notify you in the app before the new price takes effect, and you can cancel before the next renewal.
• Pause vs. cancel.You can pause KeepUp at any time in Settings. While paused, we stop scheduling new catch-ups for relationships and groups you own; existing scheduled events stay on your calendar. Pausing does NOT cancel Apple or Google billing — to stop being charged, you also need to cancel via the App Store or Play Store as described above.

KeepUp, including the app, the website, the brand, and the design, belongs to us. You may use it for personal, non-commercial purposes consistent with these Terms.

You keep ownership of the content you put into KeepUp (your name, your contact selections, your scheduling preferences). You give us a limited license to use that content only to run the service for you — for example, to schedule a catch-up and write it onto your calendar.

KeepUp is provided “as is” and “as available”. We do our best to keep it working, but we can’t guarantee uninterrupted service, error-free scheduling, or that calendar invites will always sync the way you expect. To the maximum extent permitted by law, we disclaim all warranties — express, implied, or statutory — including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Specifically, KeepUp is not responsible if:

• A scheduled catch-up doesn’t happen because someone forgot, missed the reminder, or had a conflict.
• A push notification or calendar event doesn’t arrive because of a device, OS, or network issue.
• An SMS invite doesn’t deliver because your carrier didn’t deliver it.

To the maximum extent permitted by law, KeepUp’s total liability for any claim arising out of or relating to these Terms or the app is limited to the greater of (a) the amount you paid us in the twelve months before the claim, or (b) fifty U.S. dollars (USD $50). We’re not liable for indirect, incidental, special, consequential, or punitive damages, even if we’ve been told they’re possible.

Some states don’t allow these limits, so they may not apply to you. In that case, our liability is limited to the minimum amount permitted by law.

You agree to defend and indemnify us from any claim brought by a third party arising out of (a) your misuse of the app, (b) your violation of these Terms, or (c) your violation of someone else’s rights — including the rights of a person you invited.

You can close your account at any time in Settings → Delete account. We can suspend or terminate your access if you violate these Terms or use the app in a way that risks harm to others.

Sections that should reasonably survive termination — like ownership, disclaimers, limit of liability, and dispute resolution — do.

These Terms are between you and KeepUp, not Apple. Apple isn’t responsible for the app or its content. If the app fails to conform to any applicable warranty, you can notify Apple, and Apple will refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is a third-party beneficiary of these Terms and may enforce them against you.

We may update these Terms as the app evolves. We’ll update the “Effective” date and, for material changes, notify you in the app before they take effect. Continuing to use KeepUp after a change means you accept the updated Terms.

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Agreement to arbitrate

You and KeepUp agree that any dispute, claim, or controversy arising out of or relating to these Terms, the app, or our relationship (a “Dispute”) will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, and not in court. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitrator has exclusive authority to resolve any Dispute, including the scope, enforceability, and arbitrability of this agreement.

Class-action waiver

You and KeepUp agree to bring claims only in our individual capacities and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of class or representative proceeding. If a court decides this class-action waiver is unenforceable, then the entire arbitration agreement in this section is null and void as to that Dispute, and the Dispute will proceed in court — but the rest of these Terms continue to apply.

Where arbitration happens

Arbitration will take place in the U.S. county where you live, or another mutually agreed location. If your claim is for $10,000 or less, you can choose to participate by phone, by video, or based only on written submissions. JAMS’s rules will determine the rest of the procedure. The arbitrator can award the same individual relief that a court could.

Carve-outs

This arbitration agreement does not apply to:

• Claims you can bring in small claims court, so long as the matter stays in small claims court and on an individual (non-class) basis.
• Claims by either party for injunctive or equitable relief to stop actual or threatened infringement, misappropriation, or violation of intellectual property rights.

30-day opt-out

You can opt out of this arbitration agreement and class-action waiver. To opt out, email support@startkeepingup.com within 30 daysof first accepting these Terms with the subject line “Arbitration Opt-Out” and include your name and the phone number associated with your account. Opting out does not affect any other part of these Terms. If you opt out, disputes will be resolved in the state or federal courts located in San Francisco County, California, and you and KeepUp consent to the personal jurisdiction of those courts.

Changes to this section

If we change this Section 15 in a way that is materially adverse to you, you can reject the change by emailing us within 30 days of notification, and the prior version of this section will continue to apply to you.

These Terms and our Privacy Policy are the entire agreement between you and KeepUp about the app and replace any earlier agreements. If any part of these Terms is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. We aren’t responsible for delays or failures caused by events outside our reasonable control.

support@startkeepingup.com