Conditions d'utilisation

These Terms of Service (the "Terms") are a legal agreement between you and KeepWorthy Inc. ("KeepWorthy", "we", "us" or "our") governing your access to and use of the KeepWorthy mobile application, getkeepworthy.com and related services (collectively, the "Service").

PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT, CHECKING THE ACCEPTANCE BOXES, PURCHASING A SUBSCRIPTION OR USING THE SERVICE, YOU AGREE TO THESE TERMS AND ACKNOWLEDGE THE PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE.

1. The company and the Service: KeepWorthy Inc. is a federal Canadian corporation (corporation no. 1813762-5) with a registered office at 350 Bay Street, Suite 1300B, Toronto, Ontario M5H 2S6, Canada. KeepWorthy is a social product-journaling service that lets users record products, create collections, add ratings, notes, tags, stores and photos, discover products, follow users, save and like products, receive notifications and share content. The Service is not a marketplace, retailer, broker, manufacturer, product-testing service or professional adviser. KeepWorthy does not sell, inspect, authenticate or endorse products posted by users.

2. Eligibility and geographic availability: You may use the Service only if you are at least 18 years old, have reached the age of majority where you live, and are legally capable of entering a binding contract. The Service is not offered to residents of Quebec. When you create an account you select the province, territory or state where you live and confirm that you meet the age of majority there. That confirmation is a representation you make to KeepWorthy Inc., which we rely on and do not independently verify. Selecting a jurisdiction that is not where you live, or confirming an age you have not reached, is a breach of these Terms and grounds for immediate termination under the suspension and termination section. The Service is not directed to children. You must provide accurate eligibility information and must not help an ineligible person create or use an account. These Terms apply to all users of KeepWorthy. The Service itself is offered for users in Canada (except Quebec) and the United States, subject to availability through KeepWorthy and the applicable app store. Nothing in the Service authorizes use where prohibited by local law. KeepWorthy may restrict availability, features or content by jurisdiction. Additional local terms may apply and mandatory rights under applicable law are not waived.

3. Accounts and security: You must provide a unique username, a valid email address, a password, the province, territory or state where you live, and an accurate confirmation that you meet the minimum age that applies there. You may maintain more than one account if each complies with these Terms, but may not use multiple accounts to evade restrictions, manipulate ratings or reports, harass users or create artificial engagement. You are responsible for safeguarding credentials and activity under your account, except to the extent caused by KeepWorthy's breach of duty. Notify support@getkeepworthy.com promptly of suspected unauthorized access. We may require proportionate verification before restoring access or processing sensitive requests. You may not sell, transfer, lend or commercially exploit an account without our written permission.

4. Privacy and permissions: Our Privacy Policy explains personal-information practices and is incorporated into these Terms by reference. Device permissions for location, camera and push notifications are optional, although declining them may disable related features. You are responsible for reviewing visibility settings before posting. A new profile is public by default unless changed in Settings.

5. Free features and paid subscriptions: The following terms apply to free features and paid subscriptions:

   1. Plans and checkout disclosures: KeepWorthy offers a free tier and may offer monthly or annual Pro subscriptions in CAD or USD. The checkout screen will display the plan, included features, recurring price, currency, applicable taxes, billing interval, renewal terms, trial or promotional conditions, cancellation method and payment provider before purchase. Prices shown at checkout control over promotional summaries, subject to applicable consumer law.

   2. Billing providers: Website purchases are processed by Stripe. Purchases in the iOS or Android app are processed by Apple or Google. The billing provider's payment terms also apply. You authorize the provider to charge the displayed amount and applicable taxes to your selected payment method.

   3. Automatic renewal and cancellation: Unless the checkout screen states otherwise, a paid subscription renews automatically for the same billing interval until cancelled. You may cancel at any time without a cancellation fee through the provider used to purchase. Cancellation normally takes effect at the end of the then-current paid period, and Pro access continues until that date. Deleting the app does not cancel a subscription. Where law requires a pre-renewal notice, KeepWorthy or the billing provider will send it within the prescribed period and describe the renewal date, price, cancellation right and method. If you cancel after a renewal, any statutory refund right remains available. KeepWorthy will not impose barriers designed to make cancellation materially harder than signup.

   4. Trials, promotions, price changes and refunds: Trial and promotional terms disclosed at signup apply. Unless you cancel before a trial converts, the subscription may begin charging at the disclosed time. We will provide advance notice of a price increase or material paid-plan change, and it will apply no earlier than the next renewal permitted by law. You may cancel before it takes effect. Payments are non-refundable after a paid period begins except where required by law, required by the applicable billing provider, or expressly promised at checkout. Refund requests for Apple or Google purchases must generally be submitted to that provider. Nothing in these Terms limits cancellation, reversal, chargeback or refund rights that cannot be waived.

   5. Contract copy and purchase records: After an online purchase or acceptance of materially revised subscription terms, we or the billing provider will make a retainable copy of the applicable contract information available by email, account page or receipt, as required by law. Keep your receipts and the version of these Terms accepted at purchase.

6. User Content and ownership: The following meanings and terms apply to user content and ownership:

   1. You retain ownership: "User Content" means product entries, names, notes, tags, ratings, photos, avatars, collection names, and other material you submit. User Content does not include reports, privacy requests, support requests or other confidential communications with KeepWorthy. As between you and KeepWorthy, you retain ownership of your User Content. These Terms do not transfer your copyright to KeepWorthy.

   2. Licence needed to operate the Service: You grant KeepWorthy a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence to host, store, reproduce, process, adapt for technical formatting, create thumbnails and previews of, display, communicate, distribute and otherwise use User Content only as reasonably necessary to operate, secure, improve and promote the Service in accordance with your visibility choices and the Privacy Policy. The licence includes allowing service providers to process User Content for those purposes. The licence ends when the User Content is deleted from our live systems, except to the extent content was shared outside the Service, remains in routine backups for a limited period, or must be retained for security, trust-and-safety, legal or evidentiary purposes. We will not use a private product photo in external advertising without separate permission.

   3. Your promises about User Content: You represent and warrant that you own User Content or have all rights and permissions needed to submit it and grant this license; that it is accurate when presented as fact; and that its collection, use and disclosure through the Service does not violate law, privacy, publicity, intellectual-property, confidentiality or contractual rights.

   4. Reviews and material connections: Ratings and product statements must reflect genuine experience and must not be deceptive. If you received money, a free or discounted product, employment, affiliate value or another material benefit connected to a product, brand or seller, you must clearly and prominently disclose that connection in the post. Do not coordinate fake reviews, suppress genuine negative views or manipulate engagement.

7. Visibility, sharing and privacy of others: Public User Content may be viewed and shared only through the KeepWorthy app. Sharing a product generates an in-app link that opens only in the KeepWorthy app and is not a public web page. The share message contains a generic invitation and the link; it does not include the product's name, the store name, or your username. Followers-only User Content is available to approved followers. Private profiles are intended not to appear in social feeds or user search. You are responsible for selecting the appropriate setting and for not posting another person's personal information, image or private communications without lawful authority and appropriate consent. Blocking is bidirectional within the Service, but it cannot erase copies previously made outside the Service. Reporting a post hides it from the reporting user regardless of the moderation outcome.

8. Acceptable use: You must not use the Service to break the law, facilitate crime, violate sanctions or evade a legal restriction; harass, threaten, stalk, exploit, impersonate or defraud anyone, or promote hatred or violence; upload child sexual abuse or exploitation material, sexual content involving minors, non-consensual intimate imagery, human-trafficking content or content that sexualizes or exploits a person without consent; infringe copyright, trademark, patent, moral, publicity, privacy, confidentiality or other rights; post malware, malicious code, credential-harvesting material or instructions designed to compromise security; scrape, crawl, reverse engineer, probe, overload or circumvent access controls, except to the limited extent a law expressly permits and cannot be excluded; use bots, scripts or multiple accounts to create artificial follows, likes, saves, views, ratings or reports; send spam, solicitations, chain messages or unauthorized commercial communications; offer, arrange or facilitate an unlawful sale or transfer of firearms, weapons, controlled substances, cannabis, tobacco or vaping products, prescription products, counterfeit goods, recalled or unsafe products, stolen property or other regulated goods; post instructions encouraging dangerous misuse of a product or conceal a known safety risk; collect, identify or expose another user or reporter, or retaliate for a report; or help another person do any of the above. Lawful discussion or review of a regulated product is not automatically prohibited, but KeepWorthy may restrict it by jurisdiction, audience, product type or risk. The Service may not be used to complete a product transaction.

9. Moderation, reports and enforcement: Users may report a product using the available reasons and optional details. KeepWorthy may temporarily hide, restrict the visibility of, or otherwise limit access to reported or potentially problematic User Content while it is pending review. Reports are reviewed manually, and KeepWorthy may remove or restrict content, reduce visibility, preserve evidence, warn a user, suspend features, suspend or terminate an account, or refer a matter to a service provider or authority. Moderation requires judgment and may be delayed, incomplete or mistaken. KeepWorthy does not undertake to monitor every post and does not endorse User Content. You may request review of an enforcement decision by emailing support@getkeepworthy.com with the username, decision and relevant context. We may decline repeat, abusive or bad-faith requests.

10. Intellectual-property complaints:

    U.S. Copyright Notices

    KeepWorthy Inc. responds to notices of alleged copyright infringement submitted in accordance with applicable law, including the notice-and-takedown procedure under the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512.

    If you believe User Content available through the Service infringes a copyright you own or are authorized to enforce, send a written notice to our designated Copyright Agent, KeepWorthy Copyright Agent, by email at copyright@getkeepworthy.com or by mail at KeepWorthy Inc., 350 Bay Street, Suite 1300B, Toronto, Ontario M5H 2S6, Canada, telephone 1 (855) 523-3877.

    A valid notice must include: your physical or electronic signature; identification of the copyrighted work you claim has been infringed; identification of the material you claim is infringing, with enough detail (such as a link, username or product name) for us to locate it; your name, mailing address, telephone number and email address; a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

    A notice missing any of these elements may be ineffective and will delay our response. Where a notice substantially complies with these requirements, we will remove or disable access to the identified material and make a reasonable effort to notify the person who posted it.

    Counter-notice: If material you posted was removed or disabled in response to a copyright notice and you believe this was a mistake or a misidentification of the material, you may send a counter-notice to the Copyright Agent at the address above containing: your physical or electronic signature; identification of the material that was removed and its location before removal; a statement made under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification; and your name, address and telephone number, together with a statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located, or, if your address is outside the United States, for any Federal District Court judicial district in which KeepWorthy may be found, and that you will accept service of process from the person who submitted the original notice or their agent.

    After receiving a valid counter-notice, KeepWorthy will promptly forward it to the person who submitted the original copyright notice. Unless that person provides notice that they have filed an action seeking a court order to restrain the allegedly infringing activity, KeepWorthy will restore the removed material or cease disabling access to it not less than 10 and not more than 14 business days after receiving the valid counter-notice.

    Repeat infringers: KeepWorthy Inc. will, in appropriate circumstances, terminate the accounts of users who are repeat infringers, in addition to any other enforcement action described under Moderation, reports and enforcement above. Application of this policy does not require a prior court determination that a user is an infringer.

    A person who knowingly materially misrepresents that material is infringing, or that it was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees.

    Canadian Copyright Notices

    Canada has a notice-and-notice regime for certain claims of online copyright infringement. To the extent the notice-and-notice provisions of the Canadian Copyright Act apply to KeepWorthy Inc. in connection with User Content or the Service, we will process compliant notices in accordance with those requirements.

    If you are a copyright owner, or are authorized to act on behalf of one, and believe that User Content available through the Service infringes copyright, you may send a written notice to KeepWorthy Copyright Agent by email at copyright@getkeepworthy.com or by mail at KeepWorthy Inc., 350 Bay Street, Suite 1300B, Toronto, Ontario M5H 2S6, Canada, telephone 1 (855) 523-3877.

    A notice submitted under the Canadian notice-and-notice regime must include the information required by the Copyright Act, including: the claimant’s name and address and other information that enables communication with the claimant; identification of the copyrighted work or other subject matter to which the claimed infringement relates; the claimant’s interest or right with respect to the copyright; sufficient location information to identify the material or electronic location associated with the claimed infringement; a description of the infringement claimed; and the date and time of the alleged infringement.

    A Canadian notice of claimed infringement must not contain an offer to settle the claimed infringement, a request or demand for payment or personal information in relation to the claimed infringement, or a reference or hyperlink to such an offer, request or demand.

    Where the Canadian notice-and-notice requirements apply and we receive a notice that complies with applicable law, we will, as soon as feasible, electronically forward the notice to the affected user and inform the claimant that the notice has been forwarded or, where applicable, explain why it was not possible to forward it.

    Where required by applicable law, we will retain records that permit the affected user to be identified for six months from the date we receive the notice. If the claimant commences legal proceedings relating to the alleged infringement and notifies us within that six-month period as required by law, we will retain those records for one year from the date we received the original notice of claimed infringement, subject to any separate lawful preservation requirement.

    Receipt of a Canadian copyright notice does not, by itself, mean that infringement has occurred and does not automatically require KeepWorthy to remove or disable access to the identified User Content. We may nevertheless remove, restrict or disable access to User Content where permitted or required under these Terms, our policies, a court order, or applicable law.

    Nothing in this Canadian notice-and-notice procedure limits any rights or remedies available to KeepWorthy, copyright owners, users or other persons under applicable law.

11. AI suggestions and personalized feeds: Product-category suggestions may be generated through the OpenAI API or local keyword rules. Explore rankings may use inferred category interests, likes, saves, follows, previous views, nearby stores and random exploration. These outputs are automated aids, may be wrong or incomplete, and are not product, health, safety, financial, legal or purchasing advice. Store details and location coordinates are obtained through Google Maps Platform (Places). Distance calculations between users and listings are performed by KeepWorthy's own servers using that coordinate data and the device’s location (if permitted by the user); no third party performs the distance calculation itself. KeepWorthy does not warrant that any store is open, operating, or has the listed product in stock. You remain responsible for verifying category, product, store, and inventory information.

12. KeepWorthy intellectual property and licence to you: The Service, software, design, branding, databases, algorithms and content supplied by KeepWorthy are owned by KeepWorthy or its licensors and are protected by law. Subject to these Terms, KeepWorthy grants you a personal, limited, revocable, non-exclusive, non-transferable licence to access and use the Service for lawful personal purposes. No right is granted to copy, sell, sublicense, create a competing database from, or exploit the Service except as expressly permitted.

13. Third-party services and app stores: The Service relies on third parties including Expo, Apple, Google (including Google Play and Google Maps Platform), RevenueCat and OpenAI. Their services and terms may affect availability. Links to external sites or stores are provided for convenience and do not imply endorsement. KeepWorthy is not responsible for third-party products, listings, practices or content except to the extent responsibility cannot lawfully be excluded. If downloaded from Apple or Google, the applicable app-store terms also apply. These Terms are between you and KeepWorthy, not the app store, except for rights the store is expressly given under its standard terms. Apple and Google are not responsible for providing KeepWorthy support.

14. Availability, changes and beta features: We may maintain, update, correct, suspend or discontinue features for security, legal, operational or business reasons. We will use reasonable efforts to provide notice where a change materially reduces an active paid feature. Beta or experimental features may be changed or withdrawn and may be less reliable. KeepWorthy does not guarantee that any product, store, user, post or feature will always be available.

15. Disclaimers: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND USER CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE". KEEPWORTHY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR ACCURATE, OR THAT USER CONTENT, PRODUCT RATINGS, STORE DETAILS, DISTANCES, CATEGORIES OR RECOMMENDATIONS ARE COMPLETE OR RELIABLE. KEEPWORTHY DOES NOT PROVIDE WARRANTIES ABOUT THE QUALITY, SAFETY, LEGALITY, FITNESS, AUTHENTICITY, AVAILABILITY OR PERFORMANCE OF A PRODUCT. SEEK APPROPRIATE PROFESSIONAL ADVICE and follow manufacturer warnings, recalls and applicable law. Nothing in these Terms excludes a statutory warranty or condition that cannot be excluded.

16. Limitation of liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEEPWORTHY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL OR OPPORTUNITIES, ARISING FROM THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEIR TOTAL AGGREGATE LIABILITY ARISING FROM THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO KEEPWORTHY FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) CAD $100. These exclusions and limits do not apply to fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, breach of a non-waivable privacy or consumer right, or any liability that law does not permit to be excluded or limited. Some jurisdictions do not allow certain exclusions, so they apply only to the extent lawful.

17. Indemnity: To the extent permitted by law, you will indemnify and hold harmless KeepWorthy and its directors, officers, employees, contractors and affiliates from third-party claims, damages and reasonable costs arising from your unlawful User Content, your material breach of sections 6 to 10, or your intentional misuse of the Service. This obligation does not apply to the extent a loss was caused by KeepWorthy's negligence, breach of these Terms or unlawful conduct, and it does not limit non-waivable consumer rights.

18. Suspension, termination and deletion: You may terminate this agreement and stop using the Service at any time by deleting your account through the in-app settings or via getkeepworthy.com. Deleting your account ends access to the Service immediately. For website subscriptions, account deletion also cancels recurring Stripe billing immediately and does not automatically refund unused prepaid time. Any refund required by law or expressly promised remains available. To stop renewal while keeping access for the remaining paid period, cancel through the billing portal instead of deleting your account. If your subscription was purchased through Apple In-App Purchase or Google Play Billing, you must cancel the recurring subscription directly through the applicable app store, as deleting your account or removing the mobile application does not automatically cancel third-party app-store billing. Upon account deletion, your user profile, personal data, and user content will be permanently purged from our live systems in accordance with our Privacy Policy. However, you expressly acknowledge and agree that KeepWorthy reserves the right to retain: (a) billing customer identifiers, payment transaction histories, and tax invoices for the statutory retention periods prescribed by applicable Canadian tax and corporate recordkeeping laws; (b) moderation, abuse, and trust-and-safety incident reports, including captured snapshot records of usernames and email addresses of reporting and reported parties, for the periods set out in our written data retention schedule (see Privacy Policy §11), which may be extended for specific matters under a documented legal hold, for the purposes of enforcing user bans, safeguarding the platform, and assisting legal or regulatory authorities; (c) records of privacy requests you made and of our responses to them, including a snapshot of your username and email address as at the date of the request, for the period set out in our written data retention schedule (see Privacy Policy §11); (d) routine, rolling encrypted operational backups for up to seven (7) days; and (e) limited eligibility and legal acceptance records, including snapshots of your account UUID, username and email address, for the period set out in our Privacy Policy (§11), normally one year after account deletion. KeepWorthy reserves the right to immediately suspend, restrict, or terminate your account or access to the Service, in whole or in part, without prior notice or liability, where reasonably necessary to: (a) address a material breach of these Terms or our acceptable use policies; (b) investigate or mitigate suspected fraud, security breaches, unauthorized automated activity, or abuse; (c) comply with an applicable court order, subpoena, or statutory requirement; (d) address repeat intellectual property infringement; or (e) mitigate an imminent safety, legal, or reputational risk to KeepWorthy or other users. Where reasonably practicable and legally permissible, we will provide you with written notice and an opportunity to remediate the non-compliance prior to permanent termination. All provisions of these Terms which by their nature should reasonably survive termination shall survive, including without limitation intellectual property ownership provisions, accrued payment obligations, licences required for retained records, disclaimers of warranty, limitations of liability, indemnification obligations, governing law, and dispute resolution terms.

19. Changes to these Terms: We may revise these Terms prospectively. We will post the revised version and give at least 30 days' advance notice of a material change by email, in-app notice or another method that lets us demonstrate notice, unless a shorter period is required for urgent legal or security reasons. The notice will explain the change and effective date. A change that increases your payment obligation, reduces a material paid-service obligation or materially changes cancellation or refund rights will apply no earlier than permitted by law, ordinarily at the next renewal, and you may cancel before it takes effect. If law or the nature of the change requires affirmative acceptance or new privacy consent, we will request it. Continued use after the effective date constitutes acceptance only where lawful.

20. Governing law and disputes: These Terms are governed by the laws of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law rules. Subject to any non-waivable statutory right to proceed in your home jurisdiction, the courts located in Toronto, Ontario have non-exclusive jurisdiction. Before starting a claim, you and KeepWorthy agree to make a reasonable good-faith effort for 30 days to resolve it through support@getkeepworthy.com. Nothing in this section requires arbitration, waives a class proceeding, changes a statutory limitation period, or prevents a complaint to a regulator or consumer-protection authority. Mandatory consumer, privacy and procedural rights in your province, state or country continue to apply.

21. Electronic communications and notices: You consent to receiving contracts, receipts and service, security, privacy and legal notices electronically at the email address associated with your account or through the Service. Keep your email current. A notice is effective when sent or posted, subject to mandatory law. Legal notices to KeepWorthy may be sent to support@getkeepworthy.com and to its registered office, unless law requires another method.

22. Feedback: You may voluntarily submit ideas or suggestions for improving the Service. We may use those ideas or suggestions without compensation or attribution. This permission does not authorize unrestricted use or disclosure of personal information, support communications, abuse reports, privacy requests, diagnostics or logs, which we handle in accordance with our Privacy Policy and applicable law.

23. Electronic Contracting: You agree that your electronic acceptance of these Terms, whether by clicking a checkbox, tapping "Sign Up", or purchasing a subscription, constitutes your valid electronic signature and creates a legally binding contract under the Ontario Electronic Commerce Act, 2000 and applicable Canadian law. You waive any rights or requirements under any enactment or rule of law which requires an original signature or delivery or retention of non-electronic records.

24. Export Controls and Trade Sanctions: You represent and warrant that you are not: (a) located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive economic sanctions or trade embargoes administered by Canada (including under the Special Economic Measures Act or the United Nations Act) or other applicable jurisdictions; or (b) identified on any restricted party list, designated persons list, or sanctions list maintained by the Government of Canada or relevant foreign government authorities. You agree not to access, export, re-export, transfer, or use the Service, software, or underlying technology, directly or indirectly, in violation of any applicable Canadian or international export control laws and sanctions regulations.

25. Equitable and Injunctive Relief: You acknowledge and agree that a breach or threatened breach by you of your obligations under Section 8 (Acceptable Use), Section 10 (Intellectual Property Complaints), or Section 12 (KeepWorthy Intellectual Property and Licence to You) would cause KeepWorthy irreparable harm for which monetary damages alone would be inadequate. Accordingly, in the event of any such breach or threatened breach, KeepWorthy shall be entitled to seek immediate injunctive relief, specific performance, or other equitable remedies from any court of competent jurisdiction to restrain such breach, without the necessity of proving actual monetary damages or posting any bond, security, or other undertaking. Such equitable remedies are cumulative and in addition to, not in lieu of, any other legal rights or financial remedies available to KeepWorthy under these Terms or at law.

26. Third-Party Beneficiaries: Except as expressly provided with respect to Apple Inc., Google LLC, and their respective corporate subsidiaries as set forth below, nothing contained in these Terms, whether express or implied, is intended to confer or shall confer upon any person or entity other than you and KeepWorthy Inc. any legal or equitable rights, benefits, causes of action, or remedies of any nature whatsoever under or by reason of these Terms. No third party shall have any independent right to enforce or rely upon any provision of this agreement.

27. Apple App Store Minimum Terms: If you download, install, or access the mobile application through the Apple App Store, you acknowledge and agree to the following additional terms:

    1. These Terms are concluded solely between you and KeepWorthy Inc., and not with Apple Inc. ("Apple"). KeepWorthy, and not Apple, is solely responsible for the mobile application and the content thereof.

    2. The licence granted to you for the application is limited to a non-transferable licence to use the application on Apple-branded products that you own or control, as permitted by the usage rules in the Apple Media Services Terms and Conditions, except that the application may also be accessed and used by other accounts associated with the purchaser where permitted through Family Sharing, volume purchasing, or Legacy Contacts.

    3. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the application.

    4. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application to you, if applicable; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application.

    5. KeepWorthy, and not Apple, is responsible for addressing any claims by you or any third party relating to the application, including product liability claims, claims that the application fails to conform to applicable legal or regulatory requirements, and claims arising under consumer protection or privacy legislation.

    6. In the event of any third-party claim that the application or your possession and use thereof infringes a third party's intellectual property rights, KeepWorthy, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

    7. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

28. Google Play Store Minimum Terms: If you download, install, purchase, or access the mobile application through Google Play, you acknowledge and agree to the following additional terms:

    1. These Terms are concluded solely between you and KeepWorthy Inc., and not with Google LLC ("Google"). KeepWorthy, and not Google, is responsible for the mobile application, the Service, and their content, subject to any obligations that Google assumes directly under its own terms.

    2. Your use of Google Play and your download or installation of the application through Google Play are also subject to the applicable Google Play terms, policies, and usage rules.

    3. KeepWorthy, and not Google, is responsible for providing maintenance and support for the application to the extent required under these Terms or applicable law. Google has no obligation to provide maintenance or support for the application except as expressly provided under Google's own terms.

    4. KeepWorthy, and not Google, is responsible for addressing claims relating to the application or your possession or use of it, including product-liability claims, claims that the application fails to comply with applicable legal or regulatory requirements, and claims arising under consumer-protection, privacy, or similar legislation, except to the extent Google is responsible under applicable law or its own terms.

    5. KeepWorthy, and not Google, is responsible for addressing any third-party claim that the application, or your possession or use of the application, infringes that third party's intellectual-property rights, except to the extent otherwise required by applicable law or Google's own terms.

    6. If you purchase a subscription or other paid feature through Google Play Billing, the transaction is also subject to Google's applicable payment, cancellation, refund, and billing terms. Where Google is the billing provider, refund requests may need to be submitted directly to Google in accordance with its policies.

    7. Google and its affiliates are not parties to these Terms and have no obligations under these Terms except to the extent expressly provided by applicable Google Play terms, policies, or applicable law.

29. Beta and Experimental Services: KeepWorthy may, from time to time in its sole discretion, designate certain new features, algorithmic categorization tools, explore models, or software releases as "Beta", preview, trial, or experimental features (collectively, "Beta Services"). You acknowledge that Beta Services are operational tests, may not operate correctly or consistently, and are provided strictly on an "AS IS" and "WITH ALL FAULTS" basis without warranty of any kind, express or implied. KeepWorthy has no obligation to maintain, support, update, or continue offering any Beta Service, and we may suspend, modify, or permanently discontinue any Beta Service at any time without advance notice or liability to you. You agree that your participation in or use of any Beta Service is entirely voluntary and at your own risk.

30. Force Majeure: KeepWorthy Inc. will not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations under these Terms that is caused by events, circumstances, or causes beyond our reasonable control. Such events include, without limitation, third-party hosting or cloud outages, telecommunications or internet service provider failures, power grid disruptions, acts of God, labor disputes, civil commotion, strikes, epidemic, cyberattacks, denial-of-service attacks, or compliance with any law or governmental order.

31. Entire agreement: These Terms, together with the Privacy Policy, all disclosures and pricing presented on the checkout screen at the time of purchase, and any additional operational rules or plan-specific terms published by KeepWorthy, constitute the entire, complete, and exclusive agreement between you and KeepWorthy Inc. regarding your access to and use of the Service. This agreement supersedes, replaces, and extinguishes all prior and contemporaneous agreements, proposals, promises, representations, discussions, understandings, warranties, and communications, whether written, oral, or implied, relating to the subject matter herein. You acknowledge and agree that in entering into this agreement, you have not relied upon, and shall have no remedy in respect of, any statement, representation, assurance, or warranty made by any person (whether a party to this agreement or not) other than as expressly set out in these Terms. No oral explanation, customer support correspondence, or information provided by either party shall alter or amend the interpretation of these Terms, except through a formal written amendment or revision executed or published by KeepWorthy Inc. in accordance with Section 19.

32. Order of precedence: In the event of any inconsistency, contradiction, or conflict among the various documents and disclosures comprising the agreement between you and KeepWorthy, the conflict shall be resolved by giving precedence to the relevant provisions in the following descending order: (a) any non-waivable statutory rights and mandatory requirements arising under applicable federal, provincial, state, territorial, and local law; (b) the plan-specific terms, recurring billing parameters, pricing disclosures, and promotional rules presented directly to you at the checkout interface at the time of your subscription purchase; (c) the Privacy Policy for matters concerning the collection, use, disclosure, retention and protection of personal information; and (d) these Terms for other matters. For the avoidance of doubt, nothing contained in the Privacy Policy shall be interpreted to expand, limit, or supersede any limitation of liability, indemnity obligation, disclaimer of warranty, or dispute resolution procedure established under these Terms.

33. Severability: If any provision, term, covenant, or condition of these Terms, or the application thereof to any person or circumstance, is held or determined by a court, arbitrator, or administrative body of competent jurisdiction to be illegal, invalid, void, or unenforceable under applicable law, such determination shall not impair, affect, or invalidate the remaining provisions of these Terms. The invalid, illegal, or unenforceable provision shall be severed from these Terms to the minimum extent necessary to render the remainder valid and enforceable, and shall be construed, limited, or modified by the adjudicating body so as to give maximum effect to the original commercial intent and purpose of the parties to the fullest extent permitted by law. The remaining portions of these Terms shall continue in full force and effect as if the invalid or unenforceable provision had never formed a part hereof.

34. No waiver: No failure, omission, delay, or forbearance on the part of KeepWorthy in exercising or enforcing any right, power, privilege, or remedy under these Terms or at law shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. To be legally valid, any waiver by KeepWorthy of any breach, default, or covenant under these Terms must be set forth in an express writing executed by an authorized corporate representative of KeepWorthy Inc. A waiver of any specific breach, default, or provision shall apply strictly to that particular instance and shall not constitute or be deemed a continuous or subsequent waiver of any other prior, concurrent, or future breach or violation.

35. Assignment: You may not assign, transfer, delegate, sublicense, or charge any of your rights, interests, duties, or obligations under these Terms, in whole or in part, by operation of law, change of control, or otherwise, without the prior express written consent of KeepWorthy Inc., and any purported assignment or transfer without such consent shall be null, void, and of no legal effect. KeepWorthy Inc. may at any time freely assign, transfer, novate, delegate, or subcontract its rights and obligations under these Terms, in whole or in part, without restriction or notice to you, in connection with any corporate amalgamation, merger, statutory arrangement, restructuring, corporate reorganization, public offering, debt or equity financing, or the sale, transfer, or conveyance of all or substantially all of its assets or the business relating to the Service. These Terms shall endure to the benefit of, and be binding upon, the parties and their respective permitted heirs, executors, administrators, legal personal representatives, successors, and assigns.

36. Nature of Relationship and Independent Parties: Nothing contained in these Terms, nor your access to or use of the Service, shall be deemed, interpreted, or construed to create, establish, or imply any partnership, joint venture, joint enterprise, association, principal-and-agent, franchisor-and-franchisee, employer-and-employee, or fiduciary relationship between you and KeepWorthy Inc. You expressly acknowledge and agree that you and KeepWorthy Inc. act solely as independent contracting parties at all times, and neither party possesses any express, implied, or apparent authority to bind, commit, obligate, contract on behalf of, or incur any liability in the name of the other party in any manner whatsoever.

37. Headings, Interpretation, and Language: The division of these Terms into numbered sections, subsections, and paragraphs, and the insertion of section headings, titles, and captions, are provided solely for convenience, scannability, and ease of reference; they do not form an operative part of these Terms and shall not affect, define, restrict, or modify the meaning, construction, scope, or interpretation of any provision herein. As used in these Terms, the term "including" means "including without limitation" and shall not be construed as limiting the generality of any preceding words or categories. The singular includes the plural, the plural includes the singular, and references to one gender include all genders as the context requires. These Terms are provided in English. Any translation is provided for convenience, and the English version governs only to the extent permitted by applicable law. Nothing in this clause waives mandatory language rights.

38. Contact: General support, abuse reports and disputes: support@getkeepworthy.com. KeepWorthy Inc., 350 Bay Street, Suite 1300B, Toronto, Ontario M5H 2S6, Canada. Privacy matters: privacy@getkeepworthy.com