DRAFT — for review by licensed counsel before launch. Last updated September 29, 2026
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The short version
- Your information is yours. We only get the permission we need to store it, process it and show it back to you. We never sell it, never use it for ads and never use it to train AI.
- We are not lawyers. KidKept helps you organize information. It does not give legal advice, and we can't promise any result in court.
- You decide who sees what. Nothing is shared unless you share it. Every share requires your sign-off and the recipient's promise to keep it confidential. You can limit a share and revoke it.
- Use it lawfully and fairly. Only upload what you're legally allowed to have. Follow recording laws and court orders. Never use KidKept to stalk, harass or spy on anyone.
- You can leave any time and take everything with you. If your account ends, you'll have 60 days to download your data.
- Disputes usually go to individual arbitration, not court, unless you opt out within 30 days. Small-claims court is always available.
1. About these Terms
These Terms of Service ("Terms") are an agreement between you and KidKept, Inc., a Delaware corporation ("KidKept," "we," "us" or "our"). They cover your use of the KidKept website at kidkept.com, our apps, and everything we offer through them (together, the "Service").
Please read these Terms carefully. By creating an account or using the Service, you agree to them. If you don't agree, please don't use the Service.
Our Privacy Policy explains how we handle your information. It is part of these Terms.
Many people come to KidKept during one of the hardest periods of their lives, so we've tried to keep these Terms plain. If anything is unclear, write to us at legal@kidkept.com.
2. What KidKept is — and what it isn't
What it is
KidKept is a private workspace that helps a parent in a custody matter keep an organized record about their children. You can create profiles for the people in your children's lives, write journal entries and tag people, upload files (such as medical, therapy, school, legal and financial records, text exports, and audio and video that can be transcribed and described by AI), view analytics, share selected material with people who help you, and export organized briefs.
What it isn't
KidKept is not a law firm, and it does not provide legal advice. Nothing in the Service — including templates, briefs, summaries, analytics, AI-generated descriptions or anything our team tells you — is legal advice. Using KidKept does not create an attorney-client relationship with us or with anyone else.
Family law varies by state and court. For advice, please talk with a licensed attorney where you live. If you can't afford one, your local legal aid organization or court self-help center may be able to help.
We can't guarantee any outcome. We don't promise that any document, recording, transcript or export will be admissible in court, will be persuasive, or will lead to any particular result. Courts decide what evidence they accept and how much weight to give it.
Analytics are indicators, not findings. Charts, counts, timelines, trends and AI summaries are tools to help you see patterns in what you've recorded. They reflect only what you've entered, and they can be incomplete or wrong. They are not findings of fact, and they are not professional opinions.
We don't diagnose anyone. The Service does not diagnose, assess or evaluate the mental or physical health, parenting ability or behavior of any person, including you, your children or your co-parent. If you or a child needs medical or mental-health care, please contact a qualified professional.
If anyone is in danger, call 911 or your local emergency number. KidKept is not an emergency service and is not monitored in real time.
3. Who can use KidKept
You must be at least 18 years old and able to enter into a binding contract to use the Service.
The Service is for adults. Children should not create accounts or use the Service. Information about children should be added only by a parent or legal guardian (or someone legally authorized to act for the child), as explained in Section 6.
You may not use the Service if you are barred from doing so by law or by a court order, or if we have previously terminated your account for violating these Terms.
4. Your account and security
You're responsible for your account and for keeping your login details secure. Please:
- use a strong, unique password;
- turn on multi-factor authentication (MFA) — we strongly recommend it, and we may require it for some features, such as sharing;
- don't share your login with anyone, including a co-parent, family member or professional (use the sharing features instead); and
- tell us right away at privacy@kidkept.com if you think someone has accessed your account without permission.
If you believe someone close to you may know or guess your password, change it and review your active sessions and access log. You can sign out of all devices from your account settings.
About the prototype
The current prototype stores your information locally, in your web browser (IndexedDB), not on our servers. If you clear your browser data or lose your device, your data may be lost permanently, and we can't recover it. Anyone who can use your browser profile may be able to see it. Please export backups regularly.
The prototype can create encrypted share packets protected by a passphrase you choose. We never see the passphrase and can't recover it. Send it separately from the packet. Once someone has both, the packet can't be revoked.
We'll ask your permission before any of your data moves to our future cloud version.
5. Your content belongs to you
"Your Content" means everything you put into the Service: profiles, journal entries, tags, notes, files, recordings, and the transcripts, descriptions, analytics and exports generated from them.
You own Your Content. We don't claim any ownership of it.
To run the Service, we need your permission to do certain technical things with Your Content. So you give us a limited, non-exclusive, worldwide, royalty-free license to host, store, copy, process, transcribe, analyze, format and display Your Content — only as needed to provide the Service to you and to the people you choose to share with, to keep the Service secure, and to comply with the law.
This license:
- does not let us sell Your Content or use it for advertising;
- does not let us use Your Content to train AI models — ours or anyone else's;
- does not let us publish Your Content or show it to anyone you haven't chosen; and
- ends when Your Content is deleted from our systems, as described in our Privacy Policy (except for copies you've already shared, which recipients hold under their confidentiality terms, and anything we must keep to comply with the law).
You can export everything, any time. You can download all of Your Content in a machine-readable format (such as JSON or CSV), together with your original uploaded files. You can also ask us to delete your account and Your Content. See the Privacy Policy for details and timelines.
6. Your responsibilities
Only upload what you lawfully have
Upload only content that you have a legal right to possess and use. For example, don't upload:
- messages, emails or files taken from someone else's phone, computer or account without their permission;
- records obtained by hacking, guessing passwords, or using spyware or tracking tools; or
- documents a court has sealed, or ordered you not to have, copy or share.
Unlawfully obtained evidence can hurt your case and expose you to liability.
Follow recording-consent laws
Laws about recording conversations differ by state and country. Some states allow you to record a conversation you're part of ("one-party consent"). Others — such as California, Florida, Pennsylvania and Washington — generally require everyone in the conversation to agree ("all-party consent"). Rules for phone calls between states can be complicated. You are responsible for making sure any recording you upload was made lawfully. If you're unsure, ask an attorney before recording or uploading.
Follow court orders
You must comply with every court order that applies to you, including custody, protective, restraining, confidentiality and gag orders. Some orders limit who can see case documents, evaluations, or therapy and school records. It's your job to know what your orders say and to use KidKept — especially its sharing features — in a way that follows them.
Be thoughtful about children and other people
Your record will include information about your children and about other people who haven't agreed to be in it. Please:
- add information about a child only if you are that child's parent or legal guardian, or are otherwise legally authorized;
- include only what's relevant to your children's welfare and your legal matter;
- respect other people's privacy, especially medical, mental-health and financial details; and
- keep in mind that your record may one day be read by a judge, an evaluator — or your children.
Be accurate
Courts value honesty. Please make your journal entries and notes as accurate and fair as you can. Don't fabricate, alter or misleadingly edit documents, recordings or messages. Creating or submitting false evidence can seriously harm your case and may be a crime.
7. Acceptable use
You agree not to use the Service to:
- harass, threaten, intimidate, stalk or abuse anyone, including a co-parent, a child or a professional;
- monitor, track or surveil another person — for example, by accessing a co-parent's private email, messaging, social media, cloud or financial accounts, or by tracking their location without legal authority;
- violate a protective order, restraining order, gag order or any other court order;
- upload content you don't have the right to possess or share;
- upload child sexual abuse material (we report any such material to the National Center for Missing & Exploited Children and law enforcement as required by law);
- publish or broadcast information about your case, your children or other people, including on social media;
- impersonate anyone or misrepresent your relationship to a child;
- break the law, or help anyone else do so; or
- probe or interfere with the Service's security or operation, use unauthorized automated tools, or copy, resell or reverse engineer the Service (except as the law allows).
We don't routinely read Your Content. However, we may review content and take action — including removing content, limiting sharing, or suspending your account — if we receive a credible report of misuse, if we're legally required to, or if it's necessary to protect someone's safety.
8. Sharing with third parties
We never share Your Content with a third party on your behalf. A share happens only when you create it, and these rules apply to every share.
Your sign-off
Before any share is sent, you must confirm that:
- you have the legal right to share the selected material with that recipient;
- sharing it does not violate any court order, protective order or confidentiality obligation; and
- the recipient has a legitimate role in your legal matter or your children's care (for example, your attorney, a guardian ad litem, a custody evaluator, a therapist, a parenting coordinator or an arbitrator).
The recipient's promise
Before a recipient can see anything, they must accept confidentiality terms. They agree to:
- use the material only for your matter;
- not redistribute it to anyone outside the proceeding, except as the law or a court requires;
- comply with any applicable protective orders and court rules; and
- delete or return it when it's no longer needed, subject to their professional record-keeping duties.
These terms are between you and the recipient. We're not responsible for what a recipient does once they have access, but we will cooperate reasonably if you report a violation, including by revoking their access.
Scope, expiry and revocation
You can limit a share to particular people, categories (for example, only school records) and date ranges, and set it to expire. You can revoke it at any time. Revocation can't pull back copies already downloaded or printed, so share only what's needed.
Access log and watermarking
In the cloud version, each share includes an access log so you can see when it was opened and what was viewed or downloaded. Exported and downloaded documents are watermarked with the recipient's name and the date to discourage redistribution. Watermarks are a deterrent; they are not a guarantee.
9. AI features
Some features — transcription, video descriptions, document analysis and summaries — use AI, sometimes through service providers ("subprocessors") listed in our Privacy Policy.
- AI makes mistakes. Transcripts can mishear words or mix up speakers. Descriptions and summaries can miss context or be wrong. Always check AI output against the original before relying on it or sharing it.
- AI features are optional in the cloud version, and you can turn them off.
- Your Content is never used to train AI models, by us or by our subprocessors. We choose providers that contractually agree not to train on your data and, where available, to keep zero or minimal data retention.
10. Plans, billing and cancellation
Demo case
The interactive demo case (a fictional family) is free to explore. We may change what it includes.
Paid subscriptions
Paid plans are billed in advance, monthly or annually, through our payment processor, and renew automatically until you cancel. We'll remind you before an annual plan renews, and give you at least 30 days' notice of any price increase. Applicable taxes may be added.
Cancellation
You can cancel anytime from your account settings, in just a few clicks. Your paid features continue until the end of the current billing period. After that, your data stays yours to export. Canceling doesn't delete your data — you can delete it separately.
Refunds
- Annual plans: If you cancel within 14 days of your first annual purchase, we'll give you a full refund.
- Monthly plans and renewals: Generally non-refundable, and we don't give partial refunds for unused time.
- Hardship: We know custody matters can be financially devastating. If you're facing a hardship, write to us — we'll do our best to help.
- Required by law: Nothing here limits any refund right you have under applicable law.
If a payment fails, we'll let you know and give you time to update your payment method. We will never lock you out of exporting your data because of a failed payment.
11. Our intellectual property
The Service itself — our software, design, text, graphics, logos and the "KidKept" name — belongs to KidKept, Inc. and our licensors. We give you a personal, non-exclusive, non-transferable, revocable license to use the Service as these Terms allow. Your Content remains yours (Section 5).
Exports and briefs you create from Your Content are yours to use in your legal matter, even though they may include our formatting.
12. Feedback
We'd love to hear your ideas. If you send us suggestions or feedback about the Service, we can use them freely without paying you or owing you anything. Feedback does not include Your Content — we won't treat anything in your record as feedback.
13. Requests for your data from courts, lawyers and government
If a co-parent's attorney, a court or an agency asks us for your information, we'll tell you first (unless legally prohibited or there's an emergency), encourage them to get it from you directly, respond only to valid legal process, and disclose only the narrowest set of information required. Our Privacy Policy explains this in more detail.
14. Termination
You can close your account at any time.
We may suspend or terminate your account if you seriously or repeatedly violate these Terms, if we're required to by law, or if your use creates a risk of harm to others or to the Service. Where it's safe and legal to do so, we'll tell you why and give you a chance to fix the problem first.
We may also discontinue the Service entirely. If we do, we'll give you at least 90 days' notice (unless that's impossible for reasons outside our control).
Your 60-day export window
If your account is terminated or the Service is discontinued for any reason, you'll have 60 days to export Your Content. During that time, you'll be able to sign in to a restricted, export-only mode. (If we terminate your account for illegal activity or to protect someone's safety, we may limit this window as needed, while preserving your data where the law requires.)
After the 60 days, we'll delete Your Content as described in our Privacy Policy.
Sections of these Terms that by their nature should survive termination — such as ownership, disclaimers, limitation of liability, indemnity and dispute resolution — will survive.
15. Disclaimers
TO THE FULLEST EXTENT ALLOWED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
In plain English, we don't promise that:
- the Service will always be available, uninterrupted or error-free;
- AI transcripts, descriptions, summaries or analytics will be accurate or complete;
- any export will be accepted by a court or will help your case; or
- data stored only in your browser (in the prototype) will be preserved.
Some places don't allow these disclaimers, so some of them may not apply to you.
16. Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY LAW:
- KIDKEPT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA OR THE OUTCOME OF ANY LEGAL PROCEEDING, EVEN IF WE WERE TOLD THEY WERE POSSIBLE; AND
- OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100.
These limits don't apply to liability that can't be limited by law, such as liability for our gross negligence, willful misconduct or fraud, or where applicable law prohibits them.
17. Indemnity
If someone brings a claim against KidKept because of Your Content, your violation of these Terms, your violation of a court order, or your violation of someone else's rights (for example, by uploading an unlawful recording or sharing material you had no right to share), you agree to defend and reimburse us for reasonable losses and costs, including reasonable attorneys' fees. We'll tell you promptly about any such claim. This doesn't apply to the extent the claim is caused by our own breach or wrongdoing.
18. Resolving disputes
We hope any issue can be solved with a conversation. Before filing any claim, please email legal@kidkept.com and describe the problem. We'll try to resolve it informally within 60 days, and we'll do the same for you.
Binding individual arbitration
If we can't resolve a dispute informally, you and KidKept agree to resolve it through final and binding arbitration, rather than in court, except as described below. A neutral arbitrator decides instead of a judge or jury, and can award the same individual relief a court could.
- Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
- It can take place by video, by phone, on written submissions, or in person in the county where you live.
- For claims under $10,000, we'll pay all AAA filing, administration and arbitrator fees, unless the arbitrator finds your claim frivolous.
- The Federal Arbitration Act governs this section.
Exceptions
Either of us can:
- bring an individual claim in small-claims court if it qualifies; or
- ask a court for an injunction to stop infringement of intellectual property or unauthorized access to the Service.
Class-action waiver
You and KidKept each agree to bring claims only on an individual basis — not as a plaintiff or class member in any class, collective or representative action. The arbitrator may not combine more than one person's claims. If this waiver is found unenforceable for a particular claim, that claim (and only that claim) will be decided in court.
Your right to opt out
You can opt out of this arbitration agreement within 30 days of first accepting these Terms. Just email legal@kidkept.com with your name, the email on your account and a clear statement that you're opting out of arbitration. Opting out won't affect anything else about your account.
19. Governing law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules, and by the Federal Arbitration Act. For any dispute not subject to arbitration, you and we agree to the exclusive jurisdiction of the state and federal courts located in Delaware, except that you may bring a small-claims action where you live.
If you live in a place whose consumer laws give you rights that can't be waived, these Terms don't take those rights away.
20. Changes to these Terms
We'll give you at least 30 days' notice by email or in the app before any material change takes effect, with a summary of what changed.
We won't make changes that reduce your ownership of Your Content, allow us to sell it or use it for advertising or AI training, or remove your ability to export it, without your express consent.
If you don't agree, you can export your data and stop using the Service; continuing to use it means you accept the update. Changes to Section 18 won't apply to disputes that arose before the change.
21. General terms
- Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and us about the Service.
- Severability. If any part of these Terms is found unenforceable, the rest stays in effect.
- No waiver. If we don't enforce a provision right away, we haven't given up the right to enforce it later.
- Assignment. You may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets, but any successor must honor these Terms and our Privacy Policy commitments, and we'll notify you in advance.
- Notices. We'll send notices to the email on your account. You can send notices to legal@kidkept.com.
- No third-party beneficiaries. These Terms don't give rights to anyone except you and us.
22. Contact us
KidKept, Inc. Legal questions: legal@kidkept.com Privacy questions: privacy@kidkept.com Website: kidkept.com
Thank you for trusting us with something this important. We take that trust seriously.