Terms of Service

Overview

KeepUp provides a business software platform designed for home builders, sales teams, and related internal users to manage contacts, workflows, sales activity, communications, reporting, and related operational data. By accessing or using KeepUp, you agree to these Terms of Service on behalf of yourself and, if applicable, the company or organization you represent.

If you do not agree to these terms, do not access or use the platform.

Eligibility and Accounts

KeepUp is intended for business use. You must be authorized by your employer or business organization to create an account or use the platform. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You agree to provide accurate account information and to update it as needed so it remains current. We may refuse, limit, or revoke access if account information is inaccurate, misleading, or unauthorized.

Use of the Platform

Subject to these terms, KeepUp grants you a limited, non-exclusive, non-transferable, revocable right to access and use the platform for your internal business purposes.

You may use KeepUp only in compliance with applicable laws, regulations, and industry requirements, including those related to privacy, marketing, electronic communications, and data security.

Customer Data and User Responsibility

You are responsible for the accuracy, quality, legality, and appropriateness of all data, files, messages, contact records, notes, and other content that you or your users upload, store, send, or otherwise enter into KeepUp.

You represent that you have all rights, permissions, and legal bases needed to use that data with the platform. KeepUp does not verify customer-entered data for accuracy or legal compliance and is not responsible for errors, omissions, or unlawful content provided by users.

Email and Communications Compliance

If you use KeepUp to send emails, campaigns, notifications, or other communications, you are solely responsible for obtaining any required consent and for complying with all applicable laws, regulations, and messaging rules. This includes rules related to opt-in requirements, opt-out requests, sender identification, suppression handling, and truthful message content.

Misuse of communication tools, including spam, misleading content, unauthorized outreach, or sending to recipients without appropriate consent, is prohibited and may result in immediate suspension or termination of access.

Service Availability and No Warranty

KeepUp may update, modify, suspend, or discontinue any part of the platform at any time. The platform is provided on an “as is” and “as available” basis.

KeepUp does not guarantee uninterrupted availability, error-free operation, or any specific uptime, response time, delivery rate, or performance level. To the maximum extent permitted by law, KeepUp disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Fees and Billing

Access to some KeepUp features or service levels may require payment under a separate order, subscription, invoice, or billing arrangement. Unless otherwise agreed in writing, fees are due as billed and are non-refundable except where required by law.

We may suspend access for overdue amounts or billing-related issues after reasonable notice where appropriate.

Intellectual Property

KeepUp and its related software, interface designs, workflows, trademarks, branding, and related materials are owned by KeepUp or its licensors and are protected by applicable intellectual property laws.

Except for the limited use rights expressly granted in these terms, no ownership rights or licenses are transferred to you.

Acceptable Use / Prohibited Conduct

You may not use KeepUp to:

• violate any law, regulation, or third-party right;
• upload or distribute unlawful, infringing, deceptive, or harmful content;
• send spam, unauthorized marketing, or misleading communications;
• interfere with the platform, attempt unauthorized access, or bypass security measures;
• reverse engineer, scrape, or misuse the service beyond authorized business use; or
• use the platform in a way that could harm KeepUp, its systems, or other users.

Suspension and Termination

KeepUp may suspend, restrict, or terminate access to the platform at any time if we believe there has been misuse, a security issue, nonpayment, unlawful activity, or a violation of these terms. This includes misuse of email or communication tools.

You may stop using the platform at any time. Upon termination, your right to use the platform ends immediately, but provisions that by their nature should survive termination will remain in effect.

Limitation of Liability

To the maximum extent permitted by law, KeepUp will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or business opportunities arising out of or related to the use of, or inability to use, the platform.

To the maximum extent permitted by law, KeepUp’s total liability for any claim relating to the platform will not exceed the amount paid by the customer to KeepUp for the applicable service during the twelve months preceding the event giving rise to the claim.

Indemnification

You agree to defend, indemnify, and hold harmless KeepUp and its affiliates, officers, employees, and agents from and against claims, damages, losses, liabilities, costs, and expenses arising out of or related to your data, your use of the platform, your communications sent through the platform, or your violation of these terms or applicable law.

Changes to the Services or Terms

KeepUp may update these terms from time to time. Updated terms become effective when posted to this page or otherwise communicated to you, unless a later effective date is stated. Your continued use of the platform after the effective date of updated terms constitutes acceptance of the revised terms.

We may also change, add, or remove features from the platform at any time.

Governing Law

These terms are governed by the laws identified in the applicable order form or other written agreement between KeepUp and the customer. If no separate written agreement specifies governing law, then the laws of the jurisdiction where the applicable KeepUp contracting entity is organized will govern, without regard to conflict of law principles.

Contact Information

Questions about these Terms of Service may be sent to [email protected].