Disclaimer

This Disclaimer applies to all content, services, and products provided by Keeperly LLC (the "Company," "we," or "us"). It is designed to clarify our legal obligations and protect both the Company and our clients/users. By using our website, services, or software platform, you agree to this Disclaimer in full. This Disclaimer is provided in conjunction with our Terms of Use and Privacy Policy and is not intended to override them. In case of any conflict, the Terms of Use and Privacy Policy will prevail. Please read all documents carefully.

Compliance with Laws and Regulations

Keeperly LLC is committed to ethical marketing practices and compliance with all relevant laws and regulations. However, it is ultimately your responsibility to ensure that your use of our services (and any content or campaigns you create) complies with all applicable laws in your jurisdiction. Key regulations and guidelines to be aware of include, but are not limited to:

Federal Trade Commission (FTC) Guidelines

We adhere to FTC truth-in-advertising standards and expect you to do the same. All marketing claims should be truthful and non-misleading. Any material connections (e.g., sponsorships or affiliate relationships) must be disclosed clearly per FTC rules. Testimonials or endorsements on our site are intended to be truthful, but note that individual results may vary (see Testimonials section below). We do not guarantee that following any advice or using any service will result in specific outcomes, and you must avoid implying guaranteed results in your own marketing.

CAN-SPAM Act (Email Marketing)

If you use our platform or services to send commercial emails, you must comply with the CAN-SPAM Act. This includes honoring unsubscribe requests, avoiding deceptive subject lines, and including required identifications in emails. Unsolicited spam emails are prohibited. Violations of CAN-SPAM can carry severe penalties (up to $11,000 per violation by the FTC), and we explicitly disclaim liability for any fines or legal consequences resulting from your misuse of our email tools.

TCPA (Telephone Consumer Protection Act) for SMS/Text Marketing

If you utilize SMS or phone call features via our SaaS platform, you must obtain proper consent and follow all TCPA rules regarding messaging times and opt-out provisions. Under the TCPA, sending text messages without proper consent is illegal and can result in significant fines (ranging roughly $500 to $1,500 per text violation). We require you to strictly follow opt-in/opt-out requirements and assume no responsibility for TCPA violations caused by your campaigns.

Data Privacy Laws (GDPR, CCPA, etc.)

We handle personal data in accordance with our Privacy Policy, which aligns with major privacy laws like the EU General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). We respect consumer rights to data disclosure, correction, and deletion as required by these laws. However, if you collect or process personal data using our platform, you are responsible for complying with applicable privacy laws. For example, if you have contacts in the EU, you may need to obtain explicit consent and honor requests under GDPR. If you have California consumers, you must provide opt-outs for data "sales" per CCPA. We do not guarantee that use of our services will automatically make you compliant with any specific law. You should consult legal counsel for guidance on your specific obligations.

In summary, while we strive to provide a lawful and compliant service, you agree to use our platform and services in a manner consistent with all applicable laws and regulations. Any unlawful misuse of our services is grounds for termination of your access, and you assume full liability for any legal violations in your content or campaigns.

No Professional Advice (Not Legal, Financial, or Business Advice)

All information, resources, and guidance provided by Keeperly (whether on our website, through our software, in reports, or via consultations) are for general informational and educational purposes only. We are not a law firm, accounting firm, financial advisor, or other licensed professional advisor, and no information we provide should be construed as legal, financial, or professional advice.

You should not make business, legal, or financial decisions solely based on information from our site or services. Always consult with a qualified professional (e.g. an attorney for legal matters or a certified financial advisor for financial planning) about your specific situation. Keeperly LLC's advice regarding marketing strategy, business growth, or any other area is general in nature and not tailored to the circumstances of any individual or company.

No attorney-client or other professional-client relationship is created by using our website, software, or communicating with us. For example, simply reading our blog posts, using our software tools, or receiving email tips from us does not establish any client relationship in a legal, accounting, or consulting sense. Any reliance you place on information from us is at your own risk and discretion.

No Agency or Fiduciary Relationship

When you engage Keeperly LLC for marketing services or use our SaaS platform, we act as an

independent contractor to you. Nothing in our interactions or in this Disclaimer creates an agency, partnership, joint venture, or fiduciary relationship between you and the Company. We are not your employee, and you are not hiring us as an employee. Likewise, we are not an agent or representative of any third-party service

that we may resell or integrate with. Keeperly LLC is an independent entity and does not act on behalf of, or with the legal authority to bind, any third-party provider. Any opinions or information we provide are solely our own and not those of any partner or supplier.

You retain responsibility for all business decisions and actions that result from our services. No fiduciary duty is owed to you by Keeperly LLC beyond the good faith and obligations outlined in our service contract. While we aim to act in your best interests as a service provider, we do not guarantee any outcome nor assume legal responsibilities for your business decisions or conduct.

Informational Accuracy and No Warranties on Information

The content on our website and any documentation or resources provided through our services are for general information purposes. While we endeavor to keep information up-to-date and accurate, Keeperly LLC makes no guarantees of completeness or correctness of the content. Laws, best practices, and technology change over time, and information may become outdated. Use your own judgment and due diligence when applying any information obtained from us to your business.

You expressly agree that your use of information from our website or platform is at your sole risk. The site and all content are provided on an "as is" and "as available" basis, without warranties of any kind (see "No Warranties" below). We disclaim responsibility for any errors or omissions in the content, and we are not liable for any loss or damage resulting from your reliance on the information provided. If you find any information critical to your operations, you should verify it with official sources or professional advisors before taking action.

User's Personal Responsibility

By using our site, services, or software, you accept personal responsibility for any results of your actions. You agree that any decision you make or action you take based on information or services from Keeperly is done at your own risk. You will exercise independent judgment and due diligence before implementing any suggestions, strategies, or techniques we discuss.

You are solely responsible for complying with all laws in your marketing and business operations, for configuring our software to suit your needs correctly, and for handling your customers' data responsibly. If you suffer harm or loss due to an action or decision made from our recommendations or software tools, you agree that such outcome is your responsibility. We have not made any guarantees (see below), and success often depends on factors outside our control – including your own effort, market conditions, and other variables. You agree to use common sense and seek professional advice when appropriate, rather than relying solely on any single source of information.

No Guarantees of Results

Keeperly LLC makes no guarantees, promises, or predictions regarding any outcomes from your use of our services or software. You acknowledge that we have not made any guarantees about results such as increased traffic, higher sales, improved conversion rates, or any other success metric. Marketing by nature involves many factors (industry trends, competition, budget, consumer behavior, etc.) that are beyond any one agency's control. Therefore, any examples of results achieved by others (including our past or existing clients) are for illustrative purposes only and do not constitute a promise or guarantee that you will achieve similar outcomes.

When we share case studies, success stories, or performance statistics, these are not guarantees of future performance. You agree that your success or failure will depend on your own efforts, your market, and other circumstances beyond the knowledge or control of Keeperly LLC. We disclaim any liability for your business outcomes. By using our advice or tools, you accept the risk that results will vary and that there is no assurance of any particular outcome.

In marketing (as in any business), past performance is not indicative of future results. You should be skeptical of any marketing provider that "guarantees" specific results – and we make no such guarantees. All forward-looking statements (e.g., projections or forecasts) are simply estimates and expectations, not binding commitments.

Testimonials and Past Performance Disclaimer

From time to time, we may present testimonials, reviews, or endorsements from clients or users to highlight their experiences with our services. These testimonials are actual statements from real clients and are truthfully conveyed on our website or marketing materials. However, the results and experiences described in these testimonials are unique to those parties. They are not intended to represent or guarantee that current or future clients will achieve the same or comparable results.

You specifically acknowledge that any testimonials or success stories are not a promise of results that you or any other entity will obtain by using our products or services. Results vary from person to person. Positive outcomes for some clients do not ensure similar outcomes for you. Testimonials are provided for illustration of what has been possible for some, but there is no typical result that you can expect just by defaulting to those examples. Your business is unique, and many factors will influence your results.

Additionally, any case studies or examples of strategies that worked in the past are not guarantees of success under current or future conditions. Markets evolve, consumer behavior changes, and what worked before may not work again. Keeperly LLC does not guarantee any outcome based on the provision of these examples.

Earnings Disclaimer

As a marketing agency and platform provider, we may discuss financial performance indicators such as revenue growth, return on investment (ROI), or other earnings-related information. Any income or earnings statements (or examples of potential earnings) that we provide are estimates or expectations for illustrative purposes only. There is no assurance you will achieve those levels of income or any financial improvement at all by using our services. You acknowledge that the success of your business (including earnings and profits) is dependent on many individual factors, including your own acumen, effort, business model, market demand, and economic conditions.

We do not guarantee or imply that you will get any specific financial result by implementing our strategies or using our software. Any prior success or earnings figures cited are not guarantees of your future success. You accept that each business is different, and outcomes will vary widely. All entrepreneurial ventures entail risk.

By using our website and services, you agree that Keeperly LLC is not responsible for your earnings or the financial success or failure of your business. You are solely responsible for any decisions regarding finances or business operations. No client of Keeperly should construe any information on our site as a guarantee of profitability or specific results. We encourage you to perform your own due diligence and consult financial professionals when evaluating your business's performance and prospects.

Third-Party Services and Integrations

Our platform and services may integrate with or link to third-party services (for example, email delivery providers, SMS gateways, CRM tools, payment processors, social media platforms, or other software). Any third-party services that you connect to or use through our platform are outside of our control, and we make no warranties or guarantees regarding those third-party services. This includes, but is not limited to, their reliability, functionality, legality, or performance.

You are responsible for enabling and managing any third-party integrations in compliance with those third parties' requirements. We disclaim all liability for any issues arising from third-party services, including outages, data breaches, errors, or downtime of those services. For example, if an integrated email service fails to deliver messages, or a CRM integration malfunctions, Keeperly is not liable for any losses or damages resulting from those failures. Similarly, if a third-party provider changes or terminates their service, we are not responsible for the impact on your use of our platform. Use of third-party services is entirely at your own risk.

Any transactions or agreements between you and a third-party provider (such as purchasing credits, subscriptions, or services from them through our platform) are solely between you and that provider. We do not control third-party pricing or policies, and we are not a party to transactions conducted with third parties, even if facilitated through our software. We do not endorse or assume responsibility for any third-party offers.

External Links and No Endorsements

Our website or communications may include links or references to external websites, products, or services not owned by Keeperly LLC. These are provided for convenience or informational purposes. We do not control the content or practices of any third-party websites that may be linked. A link or reference does not constitute an endorsement, sponsorship, or recommendation by Keeperly LLC of the third party or of their site, content, product, or service.

When you click on external links, you do so at your own risk. Keeperly LLC assumes no responsibility for the accuracy or legality of the content on external sites, nor for any damages that may arise from your use of those sites. It is your responsibility to review the terms and policies of any third-party sites you visit via links from our site. We make no representations or warranties regarding any information or services provided by third parties.

Likewise, if our website mentions other companies, professionals, or resources (for example, in a blog post or resource page), such references are for reference only and are not formal endorsements. We may share our opinion or experience, but you should conduct your own investigation before deciding to use any third-party product or service. Do not rely solely on our representation; what works for one situation may not suit yours.

Affiliate Disclosure

Keeperly LLC may participate in affiliate marketing programs. This means some links on our site or in our content might be affiliate links, for which we could earn a commission if you make a purchase through those links. We only affiliate with products or services that we believe provide value to our audience, and any compensation we receive does not influence our opinions or recommendations. In accordance with FTC regulations, we disclose the presence of affiliate links clearly to you.

Important: Using an affiliate link to purchase a product or service does not add any extra cost to you. Any commission we earn comes at the sponsor's expense, not yours. That said, you should not interpret an affiliate link as our endorsement of a product without reservation. We encourage you to exercise your own judgment and research whether any affiliate offer is appropriate for your needs. Just because we recommend something does not guarantee it will work for you or that it's the best solution in your circumstance.

By using our site, you acknowledge that it is ultimately your decision to purchase or not purchase any product or service, whether through an affiliate link or otherwise. You agree that you will not rely solely on our recommendation but will conduct due diligence before investing in any third-party offerings. Keeperly LLC is not liable for any issues arising from purchases made through affiliate links, such as dissatisfaction with a product or any damages resulting from its use. Any disputes or concerns with a product purchased via an affiliate link should be addressed with the product's vendor.

Disclaimer of Warranties

KEEPERLY LLC PROVIDES ALL SERVICES, SOFTWARE, AND CONTENT "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND. To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that our website or services will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

No information or advice given by the Company or its representatives, whether oral or written, shall create any warranty not expressly stated in this Disclaimer or our Terms of Use. Any descriptions of functionality or outcomes are for informational purposes only and are not guarantees or warranties. We do not warrant that the software will meet your requirements or achieve specific results, or that any errors in the software will be corrected promptly.

Any downloads of material or content from our website or platform are done at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from downloading or using any such material. While we take reasonable measures to maintain the quality and reliability of our platform, we make no warranty that the services will be suitable for your intended purposes. All features, integrations, and support are provided without warranty of any kind.

Some jurisdictions do not allow the exclusion of certain warranties. If applicable law imposes any warranties on our services, those warranties are limited to the shortest duration and most limited scope permitted.

Limitation of Liability

To the maximum extent permitted by law, Keeperly LLC (including our officers, directors, employees, agents, and affiliates) shall not be liable for any losses or damages arising out of or in connection with your use of our website, services, software, or any information provided. This is a comprehensive limitation of liability that applies to all types of damages or claims, whether direct, indirect, incidental, consequential, special, exemplary, or punitive. It covers (for example) damages for loss of profits or revenue, loss of data, business interruption, damage to goodwill, or other intangible losses.

Specifically, Keeperly LLC will not be liable to you or any third party for any injury, accident, delay, error, omission, loss, or damage connected to: (a) your use (or inability to use) our website or platform, (b) any reliance on information obtained from us, (c) any goods or services obtained through third-party links or integrations, or (d) any unauthorized access to or alteration of your transmissions or data, even if caused by our negligence or even if we have been advised of the possibility of such damages.

You agree to absolve us of any and all liability for any loss or damage you may incur as a result of using our information, services, or software. In any case, if we are found liable, our liability to you (for any cause of action and under any theory of liability) is limited to the amount paid by you to Keeperly LLC for the specific service or product in question in the 3 months immediately preceding the event giving rise to the claim, or $100 if no fees were paid, whichever is greater.

This limitation of liability is cumulative and will not be increased by the existence of more than one incident or claim. Because some states or jurisdictions do not allow the exclusion or limitation of certain damages, parts of this section may not apply to you. In such states, our liability is limited to the fullest extent permitted by law. If you are dissatisfied with any aspect of our website or services, or with any of these terms, your sole and exclusive remedy is to discontinue use of our services.

Indemnification

By using our services, you agree to indemnify, defend, and hold harmless Keeperly LLC and its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, liabilities, losses, damages, or expenses (including reasonable attorneys' fees) arising out of or in connection with your misuse of the website or services, your violation of this Disclaimer or the Terms of Use, or your infringement of any third-party rights. This means if a third party sues us because of something you did (for example, sending spam emails, infringing on someone's copyright using our platform, or other wrongful conduct), you will be responsible for the costs and damages.

Changes to This Disclaimer

We reserve the right to update or modify this Disclaimer at any time, to reflect changes in our practices, legal requirements, or for any other reason. If we make material changes, we will post the updated Disclaimer on our website with a new "Last Updated" date. All changes are effective immediately upon posting. Your continued use of our website or services after an update constitutes your acceptance of the revised Disclaimer. We encourage you to review this page periodically for the latest information. We will not retroactively reduce your rights under this Disclaimer without your consent, and any significant changes will be highlighted either via email or a prominent notice on our site.

Consistency with Terms and Privacy Policy

This Disclaimer is part of our overall terms governing your use of Keeperly's offerings. It is intended to be read in harmony with our Terms of Use and Privacy Policy. If something in this Disclaimer is unclear or seems to conflict with our Terms of Use, the Terms of Use will take precedence in defining our relationship and liabilities. Similarly, our Privacy Policy details how we collect and handle data – this Disclaimer does not alter any privacy commitments.

If you have any questions about this Disclaimer, our Terms, or our Privacy practices, please contact us at

[email protected]

Last Updated: January 1, 2025