DRAFT: pending attorney review Version tos-draft-0.5

KindlyKeep Terms of Service

KindlyKeep is offered to residents of North Carolina. The service is offered to North Carolina residents, and these terms are written for them.

DRAFT — for attorney review. Not legal advice. Version: tos-draft-0.5 (bump TERMS_VERSION when final text ships). Bracketed items [like this] are blanks or choices to fill in. Notes marked (lawyer) are for the attorney and should be deleted from the public page.

The short version (plain English)

KindlyKeep answers your unknown calls with an automated assistant, holds suspected spam, and texts you your voicemails.
We can make mistakes. We may block a call you wanted, or let a spam call through. We can't promise otherwise.
KindlyKeep is not for emergencies. To reach 911, dial 911 on your phone.
No refunds after you buy: once you pay, there is no refund except in the limited cases in the Refund Policy. No filter can promise zero junk calls, and we do not.
You pay monthly (renews every month until you cancel; cancel any time; no refunds for part of a month) or yearly (paid up front at a discount; non-refundable, and can't be cancelled mid-year; renews every year until you turn auto-renew off). You can turn auto-renew off online any time and keep service to the end of what you paid for. Details are in sections 6–8.
By ticking the box at sign-up you agree to these terms, including section 13, where you give up some legal claims and agree to a limit on what you can recover from us. Read that section before you tick.
Disagreements: we try to talk first. Most go to a neutral arbitrator in North Carolina, and you can opt out in the first 30 days (section 15).
We never sell your information. See the Privacy Policy. Our promise about your calls, voicemails and Vault documents: we do not sell them or share them with anyone for advertising or marketing, and we only share them with the service providers needed to run KindlyKeep for you, with people you choose (for example a one-tap Vault share link or a family member you add), or when the law requires it.

Effective date: [date]. Who we are: [LLC legal name] ("KindlyKeep," "we," "us"), [postal address], Fletcher, North Carolina. Contact: support@kindlykeep.com or our helpline, 828-785-4838.

1. What KindlyKeep is

KindlyKeep is a call-protection and voicemail service. You forward calls from your phone number to a KindlyKeep number. We screen unknown callers with an automated assistant (artificial intelligence), hold suspected spam, put wanted calls through, and send you voicemails as text (with translation if you choose). Some plans include a Family Safety Hub (section 10). KindlyKeep is not a phone company: we do not provide your phone number, your phone line, or your phone service.

2. Who can use it

You must be 18 or older. KindlyKeep is not for children.
You must own, or have the right to forward, the phone number you protect.
Give us true information and keep it current. You are responsible for what happens on your account.

3. Your phone service and forwarding

You keep your own phone service and pay your own carrier, including any forwarding or data charges. We can't control your carrier. If you change carriers or turn off forwarding, KindlyKeep stops working until you set it up again. We may send you a test call or a text if we haven't seen a forwarded call in a while.

4. Calls, recording, transcripts and AI

Callers to your protected line hear a notice that an automated assistant answers, that the call is recorded and transcribed, and that it may be shared with you and people you authorize. If a caller stays on the line, they are agreeing to this. Calls you answer yourself are not recorded.
You agree not to use KindlyKeep to record or listen to anyone unlawfully, and you understand callers are told about recording.
We use service providers (for phone, text, artificial intelligence, hosting and payments) to run KindlyKeep. The Privacy Policy lists them. We do not sell your information, and we do not sell or share your call, voicemail or Vault data for advertising or marketing.
The Vault. Files you put in The Vault are encrypted before they are saved and open only with your PIN. A share link opens one document for 24 hours and you can turn it off. A family member you name can open only the documents you mark for emergencies, after the wait you choose, and you can say no during the wait. KindlyKeep never reads out, texts or emails the numbers on your documents. If you lose your PIN we cannot open your Vault for you.
Beta. KindlyKeep is in an invite-only beta. Features can change or be removed while we test them. Beta members keep the founding-member price for as long as they keep their plan.
Transcripts, translations and summaries are made by software. They can be wrong. Don't rely on them for anything important without listening to the audio.

5. Not for emergencies

KindlyKeep cannot call 911 or any emergency service, and does not monitor your safety or health. Dial 911 on your phone for emergencies. If KindlyKeep is down, or your forwarding fails, calls may go to voicemail instead of ringing. Don't depend on KindlyKeep to reach you in an emergency. Keep another way for family, doctors and emergency services to reach you. See the Emergency Notice.

6. Plans, free trial, payment and taxes

Plans and intro pricing. Guard, Assistant and Family (and Business and Business Plus for organizations). Prices are shown at checkout, plus applicable sales tax (North Carolina taxes call-forwarding and voicemail services). Regular prices: Guard $12.99/month or $129.90/year; Assistant $19.99/month or $199.90/year; Family $39.99/month or $399.90/year; Business $49/month; Business Plus $89/month. Intro prices for new customers, for your first 12 months: Guard $9.99/month or $99.90 for the first year; Assistant $14.99/month or $149.90; Family $29.99/month or $299.90; Business $39/month; Business Plus $69/month. After your first 12 months you pay the regular price (with 15 to 30 days' written notice before a yearly renewal). The regular price is a real price that we charge: it applies to anyone who joins after the intro window closes and to everyone after their intro period. Founding Members keep their intro price for as long as the account stays active and in good standing. We do not use countdown clocks. The yearly price is 10 times the monthly price (a discount of about two months). Add-ons: Home line $6.99/month, extra family or teen seat $5.99/month, second number $5.99/month. Business seats: message-only seat $3.99/month, direct-line seat $7.99/month (churches and nonprofits with a verified EIN get 25% off seats).
Hometown Heroes. Verified firefighters, EMS, police and other first responders, military and veterans, and churches may receive a free first month and 25% off yearly plans, as shown on our site. It may be combined with the intro price only where we say so; otherwise you get the better of the two prices. We may ask you to re-verify each year.
Billing choices. (a) Monthly: you pay every month and it renews automatically until you cancel. You can cancel any time. (b) Yearly: you pay once for a full year at a discount and commit to that year. The yearly plan is non-refundable and can't be cancelled in the middle of the year. It renews automatically each year until you turn auto-renew off. You can turn auto-renew off at any time and keep service to the end of the year you paid for. Switching from monthly to yearly: you can do this at any time; the unused days of the month you already paid are credited toward the yearly price (a credit, not a cash refund), and the screen shows what you paid, the credit, what is due today and what you save before you confirm. Switching from yearly to monthly waits until the year ends.
Free trial. 7 days, card required. One free trial per person and per card. If you or your card already had a free trial, we will not start another one and we will not charge you without asking you first. A trial converts to a paid plan only as shown at checkout. We tell you the date of your first charge. [Flow A: Your card is charged on that date unless you cancel first. / Flow B: No card is needed until you choose to subscribe.]
Helper minutes. Your Helper is an AI assistant, not a live person. Each plan includes a monthly allowance of Helper minutes: Guard 15, Assistant 30, Family 60 (shared across the family). A minute is a minute of AI conversation, not a minute of every call. Plain recorded voicemail and its written transcript, and spam screening, do not use these minutes. When the allowance is used up, KindlyKeep switches to basic mode: calls still ring through and messages are still taken. You are never charged extra for going over the allowance.
Optional top-up packs. You may buy extra Helper minutes as a one-time pack: 30 minutes for $9.99, or 100 minutes for $29.99, plus applicable tax. A pack lasts until the end of the month it is bought and does not renew. Packs are only added when you choose them.
Voicemail texts, fair use. Real-caller voicemail texts are capped at 150 text segments per phone line per month. After that cap, new messages go into an hourly digest text instead of a separate text for each one. Listening to messages in the app is unlimited. Urgent or emergency messages are still texted even after the cap.
Payment. Payments are handled by Stripe. We never see or store your full card number. You authorize us to charge your payment method for the plan, tax, and any extra items you choose (including top-up packs you buy).
Price changes. We will tell you at least 30 days before a price increase takes effect (by text and email). You can cancel before it does. Founding Member intro prices stay as long as your account stays active and in good standing [lawyer: define precisely].
Credits. Referral and other credits are account credit toward KindlyKeep only. They are not cash, can't be transferred, and have no cash value.
Failed payments. If a payment fails, we'll tell you and try again. If it still fails, we may pause your service after notice. We won't pause screening of emergency-style calls (section 5 safeguards continue).

7. Automatic renewal and how to cancel

Monthly plans renew every month at your price then in effect (intro price during your first 12 months, then the regular price) until you cancel. Yearly plans renew every year at the price then in effect until you turn auto-renew off.
Cancel (monthly) or turn off auto-renew (yearly) any time, in any of these ways: (1) online: Settings → Billing → "Cancel plan / turn off auto-renew" (two taps; no phone call or chat needed); (2) text the word CANCEL to [KindlyKeep number]; (3) call the helpline, 828-785-4838; (4) email support@kindlykeep.com. We confirm by text and email and show the date your service ends.
When it ends. If you cancel a monthly plan, service continues to the end of the month you paid for and then stops. If you turn off auto-renew on a yearly plan, you keep full service to the end of the year you paid for, and then it ends. You can turn auto-renew back on before that date.
Reminders. We remind you by email (by text if you have no email) about 2 days before your first paid charge after a trial, about 30 days and again about 7 days before each yearly renewal (with the date, price and how to turn auto-renew off), and once a year during a monthly plan (with the plan, price and how to cancel). We also tell you in advance of any price change or change to these terms.
If we ever fail to send a required renewal notice, you can cancel and get a full refund of the renewal charge. See auto-renew-disclosure.md for the exact checkout wording.

8. Refunds

See the Refund and Cancellation Policy. In short: monthly plans have no refunds for part of a month. Yearly plans are paid up front, are non-refundable, and can't be cancelled mid-year — you can turn off auto-renew and keep service to the end of the year. We refund only in these limited cases: our billing mistake; a required renewal notice we missed (NC G.S. 75-41); a failure of the service; and where the law requires it. (lawyer: Kyle's rule is "annual non-refundable, no mid-term cancellation; monthly no partial refunds." The listed exceptions are the ones I recommend weighing; see refund-cancellation-policy.md §5 and legal-self-check.md §17.)

9. Texts and emails

You agree to receive account texts and emails from us (sign-up codes, voicemail texts, alerts, billing and renewal notices). Message frequency varies with your calls. Message and data rates may apply. Reply STOP to stop texts and HELP for help. Marketing messages are optional and sent only if you opt in separately. See the SMS Terms. Stopping texts may limit what the service can do (for example, voicemail texts).

10. Family Safety Hub (Family plan)

Family features (shared blocked list, scam alerts, code word, emergency info, caregiver view, money-request alerts, call-me-back check, weekly report) work only for people who agree for themselves. A person can see another person's information only if that person agrees on their own phone, chooses what is shared, and can stop sharing at any time. We don't share call audio unless the account holder turns that on. See the Family and Caregiver Consent. Family alerts are not emergency alerts.

11. Acceptable use

Follow the Acceptable Use Policy. In short: no illegal use, no harassing or stalking anyone, no monitoring a person without their consent, no using KindlyKeep to send spam, and no attempts to break or overload the service. We can suspend an account that breaks these rules.

12. No guarantees — KindlyKeep can make mistakes

KindlyKeep uses automated tools and artificial intelligence. They are good but not perfect. To the fullest extent the law allows, we do not promise that:

every spam, scam or unwanted call will be blocked or held;
every call you want will ring through or be delivered, or that no wanted call will be blocked, held, delayed or sent to voicemail;
voicemails, transcripts, translations, summaries, labels or alerts will be complete, accurate or on time;
the service will be available all the time, without errors, or free of interruptions (phone carriers and other providers also fail);
you will not be tricked, scammed or lose money, even if you follow our warnings; or
the service will reach you or anyone else in an emergency.

The service is provided "as is" and "as available." Our scam labels and alerts are our opinion based on available signals, not statements of fact about any person. This section does not limit rights you have that the law does not let us take away (section 14).

13. Limits of liability, release and cap

Please read this section carefully. It affects your legal rights.

(a) Release. In exchange for using KindlyKeep, you release [LLC legal name], its owners, managers, employees, contractors and service providers ("KindlyKeep parties") from claims for loss or harm caused by the service not working the way you hoped, including any of these: (1) a wanted call or message being blocked, held, delayed, sent to voicemail or not delivered; (2) a spam, scam or unwanted call not being blocked; (3) mistakes in transcripts, translations, summaries, labels or alerts; (4) an outage, delay or error; (5) a scam or fraud that you or a family member fall for; (6) a failure by your carrier or another outside company; and (7) a missed call or message, including during an emergency. This release does not cover the things listed in section 14.

(b) No indirect damages. To the fullest extent the law allows, the KindlyKeep parties are not liable for lost income, profits, business, savings, opportunities, or goodwill, or for any indirect, incidental, special, consequential, exemplary or punitive damages, even if we were told they might happen.

(c) Cap. To the fullest extent the law allows, the total amount the KindlyKeep parties can owe you for all claims together is limited to the greater of (1) the fees you paid to KindlyKeep in the 12 months before the event that led to the claim, or (2) $100. This applies whether the claim is based on contract, negligence, or any other legal theory, and applies to trial and free users as well. (lawyer: the $100 floor keeps the cap from being $0 for trial users, which a court might call illusory or unconscionable; confirm the floor amount.)

(d) You can protect yourself. You understand that our prices are low because of these limits, that you can keep your regular voicemail and other ways of being reached, and that you can turn off or cancel KindlyKeep at any time.

(e) If a limit isn't allowed. Some places do not allow some of these limits. In that case, they apply only as far as the law allows, and the rest stays in effect.

14. What these limits do not do

Nothing in sections 12–13 or elsewhere in these terms:

limits our responsibility for our fraud, gross negligence or willful misconduct;
limits liability for death or bodily injury caused by our negligence;
takes away rights you have under laws that cannot be waived by contract, including North Carolina's Unfair and Deceptive Trade Practices Act (G.S. 75-1.1 and following) and other consumer-protection laws;
changes our legal duties to protect and report breaches of your personal information (for example, G.S. 75-65) or what our Privacy Policy promises; or
limits our obligation to give you refunds you are owed.

Note for attorney (lawyer) — what NC may not enforce. (1) NC enforces exculpatory clauses for ordinary negligence only where there is no great disparity in bargaining power and no public-interest problem; clauses are strictly construed against the drafter, and a business serving the public on a uniform basis may not be allowed to exculpate itself even from ordinary negligence (Brockwell v. Lake Gaston Sales & Service, 105 N.C. App. 226 (1992) [V], citing Hall v. Sinclair Refining Co., 242 N.C. 707 (1955), and Insurance Ass'n v. Parker, 234 N.C. 20 (1951)). Our "no great disparity / no public interest" position is weak for a uniform, consumer, senior-oriented service. (2) NC courts have not clearly decided whether a release can bar gross negligence or willful misconduct; most courts won't allow it, so we carve it out [S, case summaries]. (3) UDTPA (G.S. 75-1.1) claims, with treble damages (75-16) [V], should be treated as not waivable by the release or cap; but see Warren v. Cielo Ventures (N.C. Mar. 20, 2026), which allowed a reasonable contractual shortening of the limitations period for a UDTPA claim [S, Parker Poe summary]. (4) Statutory data-breach duties (G.S. 75-65) can't be disclaimed. (5) The release, cap and arbitration clause are written to stand alone: if a court strikes one, the others survive (severability). (6) Consider whether the cap should be higher for paid customers and whether to drop the release for ordinary negligence on the Family plan.

15. Resolving disagreements

Talk to us first. Email support@kindlykeep.com or call 828-785-4838. Most problems are solved in days. Give us 30 days to fix a problem before starting a claim.
Arbitration. If we can't solve it, you and KindlyKeep agree that disputes will be decided by binding arbitration by the American Arbitration Association under its Consumer Arbitration Rules, instead of in court, except (1) either of us may sue in small-claims court (Henderson County, NC or where you live) if the claim qualifies, and (2) either of us may go to court to stop misuse of intellectual property. The arbitration takes place in Henderson County, North Carolina, or by phone or video if you prefer. We pay the AAA filing and arbitrator fees for claims of $10,000 or less [lawyer: confirm fee allocation]. The Federal Arbitration Act governs this section.
No class actions. Each of us can bring claims only in our own name, not as part of a class or group case. If this class waiver is found unenforceable for a claim, that claim goes to court instead of arbitration.
You can opt out of arbitration within 30 days of accepting these terms by emailing optout@kindlykeep.com (include your name and phone number) or writing to [postal address]. Opting out does not affect anything else.
Time limit. [Optional — lawyer: Claims must be started within one year after you knew or should have known about the problem, unless the law gives you a longer time that can't be shortened.]
North Carolina law governs these terms, except the Federal Arbitration Act. Any court case that is allowed will be in the state or federal courts in North Carolina. (G.S. 22B-3 voids out-of-state venue clauses in NC contracts [V]; G.S. 22B-10 voids stand-alone jury waivers, so we rely on arbitration rather than a jury waiver [V].)

16. Changes, suspension and ending

Changes. We may update these terms. We'll give 30 days' notice by text and email. For material changes we'll ask you to accept again; if you don't agree and the change is materially worse for you, you can cancel before it takes effect and get a refund of any prepaid, unused time (prorated). Using the service after the date means you accept.
Our right to suspend or end. We may suspend or end an account for non-payment (after notice), unlawful or abusive use, or risk to the service. If we end your account without cause, we refund prepaid, unused time.
Ending. When your account ends, we stop screening and delete your data as described in the Privacy Policy.

17. General

Entire agreement with the Privacy Policy and the policies linked here. If a part is not enforceable, the rest remains. You can't transfer your account; we can transfer ours with notice if the business is sold. Notices to you go to the phone and email you gave us. Notices to us: [postal address]; support@kindlykeep.com.

See clickwrap-checkbox.md for the exact text, display rules and logging.

Appendix B — Linked documents

Privacy Policy (privacy-policy.md); Acceptable Use (acceptable-use.md); SMS Terms (sms-terms.md); Auto-Renew Disclosure (auto-renew-disclosure.md); Refund and Cancellation Policy (refund-cancellation-policy.md); Family and Caregiver Consent (family-caregiver-consent.md); Referral Terms (referral-program-terms.md); AI Disclosure (ai-disclosure.md); Emergency Notice (emergency-911-disclaimer.md); Caller Dispute page (blocking-dispute-redress.md); Accessibility Statement (accessibility-statement.md); Cookie Notice (cookie-notice.md).

Home phones, basic phones and call forwarding

KindlyKeep works with landlines and basic phones by call forwarding that you set up with your phone company. Some phone companies charge for call forwarding or for each forwarded call. Those charges are between you and your phone company. KindlyKeep does not control, pay or refund them.
If forwarding stops working (for example, you change phone company or turn it off), KindlyKeep cannot screen your calls. Keep your phone's own voicemail turned on as a backup.
A home phone cannot get text messages. If you add a cell number for texts, you confirm that its owner agrees to get KindlyKeep texts.
KindlyKeep does not take emergency calls. For 911, always dial 911 on your phone.
You can sign up without an email address. We then send receipts and reminders by text or by an automated call, and you can ask for help by phone or text.

Teen seats (ages 13 to 17)

DRAFT: this section has not been reviewed by an attorney. Minors, parental consent and privacy rules (including COPPA and North Carolina law) need a lawyer's review before any teen seat is offered to the public.

A teen seat is for a person aged 13 to 17. KindlyKeep does not offer service to anyone under 13.
A parent or legal guardian must set it up or confirm it, and must say the teen's age is 13 to 17. The teen also confirms they understand it. Nothing is turned on for the teen until they confirm.
What a parent gets: only alerts about scams, requests for money, and danger to the teen (such as someone threatening to share a private image). What a parent never gets: the teen's texts, contacts, call history, voicemails, location or photos. This list is the whole list. A parent cannot change it.
The teen can see, in the app, exactly what a parent can see, every alert a parent has been sent, and every change a parent has made.
KindlyKeep never asks for, receives or stores a teen's photos or images. If a teen needs help with a private image, the app points to Take It Down (takeitdown.ncmec.org) and the CyberTipline (report.cybertip.org).
One teen seat is included with the Family plan. Extra teen seats cost extra.
Either the teen or the parent can end a teen seat at any time.

Organizations, spaces and team members

DRAFT: not yet reviewed by an attorney.

One login can belong to several spaces: your personal space, a family, and organizations such as a church or a business.
An organization can never see anything in your personal space or your family. Leaving an organization removes only that organization.
The organization's owner pays for it. Team members pay nothing and receive only the work texts they agreed to. They can stop them by replying STOP.
Invites are links the owner sends. A person joins by tapping the link.

The "Help me" helper