Terms of Service

1. Eligibility

You must be at least 18 years old and legally able to enter into a binding contract to create a CommonKeep account. When you register, you affirm that you meet these requirements. We do not collect your date of birth or require government identification solely to verify your age.

If you create an account or use CommonKeep on behalf of a business or organization, you affirm that you have the authority to act for and bind that organization to these Terms, and references to "you" include that organization where applicable.

2. What CommonKeep is — and is not

CommonKeep is a software and information-management platform. You use CommonKeep to enter, organize, share, reserve, assign, track, and manage information about resources and related activities — such as equipment, spaces, vehicles, tools, and supplies — and the people who use them.

For example, a resource being marked as:

• Available — does not mean CommonKeep confirmed it is actually available;
• Good condition — does not mean CommonKeep inspected or verified its condition;
• Maintained — does not mean CommonKeep performed or verified maintenance;
• Returned — does not mean CommonKeep physically received or verified a return;
• Reserved or Assigned — does not mean CommonKeep authorized or verified any use.

You remain responsible for the real-world resources and activities you manage through CommonKeep.

3. Your responsibilities

You are responsible for:

• the accuracy of the information you enter;
• the resources you manage and their appropriate use;
• determining actual condition, safety, and availability;
• maintenance, repairs, and inspections;
• deciding who receives access to resources, folders, and environments;
• reservations, assignments, and returns you create or accept;
• insurance, licenses, permits, registrations, and certifications;
• required training, permissions, and safety requirements; and
• legal and regulatory compliance for your resources and activities.

CommonKeep recording or displaying information does not mean CommonKeep has verified any of these things. You should not rely on CommonKeep as your sole source of information when independent verification is appropriate for safety, legal compliance, financial records, business continuity, or other significant matters.

4. Insurance

CommonKeep does not provide insurance and does not verify or represent that any resource, owner, organization, member, admin, user, or activity has adequate insurance coverage. You are responsible for determining and maintaining any insurance appropriate or legally required for your resources and activities.

5. Disputes with other users and the real world

CommonKeep is not the arbitrator of disputes between users, owners, members, admins, organizations, "Manual People" (non-account contacts), or other parties concerning real-world resources or activities. This includes disputes involving damage, condition, returns, maintenance responsibility, authorization, possession, reservations, assignments, money owed, or real-world conduct.

CommonKeep may provide authorized users with records that exist in the platform, address actual software errors in good faith, and cooperate where legally required. The involved parties remain responsible for resolving their underlying dispute.

6. Service availability and errors

CommonKeep will make reasonable good-faith efforts to maintain the Service and to address reported technical problems. However, to the extent permitted by applicable law, CommonKeep does not guarantee uninterrupted availability, error-free operation, perfect accuracy, permanent preservation of all data, or that every notification, status, record, reservation, assignment, or other function will always operate without error.

You are responsible for maintaining independent records or backups when appropriate for important safety, legal, financial, regulatory, or business-continuity purposes. This section does not excuse CommonKeep from acting negligently where the law does not permit such an excuse.

7. Your content and data ownership

You retain ownership of the information, photos, content, and other materials you enter or create in CommonKeep. CommonKeep does not claim ownership of your content. You grant CommonKeep only the limited rights reasonably necessary to host, store, process, display, transmit, back up, and otherwise operate the Service.

You are responsible for having the legal right, permission, or other lawful authority to provide any information or content you enter, including information concerning another person. CommonKeep may remove unlawful, abusive, infringing, malicious, or otherwise prohibited content where appropriate.

Environment records.

Operational records contributed within an Environment (such as reservations, assignments, returns, issues, condition records, and maintenance records) may remain associated with that Environment after your access ends or your account is deleted, because they form part of the Environment's shared history. Deleting one user does not automatically erase legitimate Environment history that belongs to the Environment or its other members, except where deletion is legally required.

8. Sensitive information and acceptable use

CommonKeep is not designed to store highly sensitive information. You must not intentionally store in CommonKeep things such as passwords, authentication credentials or secrets, full payment-card numbers, bank-account credentials or details that should not be stored here, Social Security numbers or similar government identification numbers, or highly sensitive medical or health records. Normal operational and contact information reasonably necessary to manage resources and people (for example, a name, phone number, or location note) may be used.

You also agree not to:

• use CommonKeep for any unlawful purpose;
• enter information about another person that you do not have lawful authority to provide;
• infringe the rights of any third party;
• abuse, overload, or deliberately interfere with the Service or its security;
• attempt to extract proprietary source code or technology; or
• commit fraud or misrepresent yourself or CommonKeep.

9. CommonKeep's intellectual property

You own your own content and data. CommonKeep retains ownership of its own intellectual property and proprietary materials, including, to the extent legally protected, its software, design, branding and name, original site and app content, documentation, and proprietary technology. A subscription or account gives you permission to use the Service according to these Terms; it does not transfer ownership of CommonKeep to you.

To the extent legally permissible, you may not copy or reproduce CommonKeep's proprietary materials for resale, impersonate or misuse CommonKeep's branding, or attempt to extract CommonKeep's proprietary source code or technology.

10. Subscriptions, billing, and consent

CommonKeep offers free Solo plans and paid monthly or annual subscriptions. Creating an account or organizing resources by yourself does not itself authorize any paid subscription or any charge. A paid subscription begins only when you intentionally select a paid plan and complete the checkout process.

Before you begin a paid subscription, CommonKeep discloses:

• the price of the selected plan;
• whether it bills monthly or annually;
• that the subscription automatically renews until you cancel; and
• that you can cancel in Settings → Plan & Billing or through the Stripe customer portal to stop future renewals.

Your affirmative action of selecting a paid plan and completing checkout (including entering payment information through our payment processor, Stripe) constitutes your consent to the recurring charges for that subscription. A buried provision in these Terms alone is not relied upon to establish that consent.

24-hour initial-purchase refund policy.

You may request a full refund of your initial paid CommonKeep subscription charge within 24 hours of that initial purchase. After that 24-hour period, subscription payments are generally non-refundable, except where required by applicable law or where CommonKeep chooses to issue a refund or credit at its discretion. The following donot start a new 24-hour refund window: automatic subscription renewals, and upgrades to an existing paid subscription (existing upgrade and proration rules continue to apply). Canceling a subscription prevents future renewals but does not automatically create a refund of charges already paid. Nothing here waives any non-waivable consumer rights you may have under applicable law.

Pricing changes.

CommonKeep may change its plans and pricing over time. Current pricing reflects introductory launch pricing. When a material price change would affect an existing paid subscriber, CommonKeep will communicate it before it takes effect. This does not create any new discount, trial, or promotional offer.

11. Suspension and termination

CommonKeep may suspend or terminate an account where appropriate, including for fraud, illegal activity, abuse, security threats, deliberate interference with the Service, nonpayment, serious or repeated violations of these Terms, or where action is reasonably necessary to protect users, CommonKeep, the platform, or third parties. Where practical and appropriate, CommonKeep will provide notice and an opportunity to correct an issue. CommonKeep may act immediately in serious security, fraud, illegal-activity, or risk-of-harm situations.

You can cancel your account at any time by stopping use and (for paid subscriptions) canceling in Settings or the Stripe customer portal.

12. Data deletion and retention

When you request account deletion through Settings, CommonKeep deletes the CommonKeep-managed data associated with your account: environments you solely own along with the data within them; your own reservations and assignments in environments you belong to but do not own; your membership in those environments; and pending invitations you sent. To protect other members, CommonKeep will not delete an environment you own that still has other members. This is subject to the shared-record preservation described in Section 7. Your underlying login account is managed by the platform that operates authentication and may need to be removed separately; CommonKeep will delete or de-identify applicable personal data within a reasonable period, except information that may or must legitimately be retained for legal obligations, security, fraud prevention, billing and accounting, disputes, backups, or other legally permitted purposes.

CommonKeep does not promise a specific deadline for the removal of residual copies that exist only in routine backups, because that timeframe depends on platform-level backup retention that CommonKeep does not solely control. Deleting your account does not automatically destroy shared or operational records that legitimately belong to an Environment or other users.

13. Service changes, migration, rebranding, and discontinuation

CommonKeep may evolve over time. Subject to applicable law and the Privacy Policy, CommonKeep may modify or replace features, rebuild the Service, change domains, technology, or service providers, migrate hosting or infrastructure, migrate accounts or data where reasonably necessary to continue providing the Service, reorganize how the Service operates, change or rebrand the product or service name, and transfer operation as part of a legitimate business reorganization, successor arrangement, acquisition, or similar transaction. These Terms are not permanently tied to CommonKeep's current technical infrastructure.

CommonKeep may also discontinue all or part of the Service. If it is permanently discontinued, CommonKeep will make reasonable efforts, where reasonably possible, to provide appropriate notice and an opportunity for you to retrieve or export your information. Any treatment of refunds or credits for unused prepaid service will be reasonable and consistent with applicable law, rather than an absolute promise that could conflict with a legitimate migration, acquisition, or continuation of the Service.

14. Changes to these Terms

CommonKeep may update these Terms and its other policies over time. For material changes that meaningfully affect users, CommonKeep will provide reasonable notice where appropriate. For materially revised Terms, CommonKeep may require you to accept the new version. CommonKeep records the version of the Terms (and Privacy Policy) you accepted and when, so it can determine which version applies to you.

15. Dispute resolution

These Terms are governed by the laws of Indiana, without regard to its conflict-of-laws principles, subject to any applicable consumer rights that cannot legally be waived.

Binding individual arbitration.

To the extent enforceable, any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by binding individual arbitration, rather than in court, except as provided below. This agreement to arbitrate is reciprocal and applies to both you and CommonKeep.

Arbitration administrator and applicable rules.

Arbitration will be administered by the American Arbitration Association (AAA) under its applicable rules in effect at the time the arbitration is commenced. For a dispute involving an individual using CommonKeep primarily for personal, family, or household purposes, the AAA Consumer Arbitration Rules and Consumer Due Process requirements apply. A subscription service is not treated as a commercial dispute for this purpose merely because it is paid. For a genuine business or commercial customer or dispute that does not qualify under the AAA Consumer Arbitration Rules, the AAA Commercial Arbitration Rules apply where appropriate. The applicable AAA rules in effect at the time of commencement govern the arbitration, including procedure, the arbitrator's authority, hearing method and location, and fees and costs.

Initiating arbitration and notice.

A party initiates arbitration by filing a Demand for Arbitration with the AAA under the applicable rules and paying any required filing fee. The initiating party must also give notice to the other party. Until CommonKeep publishes a dedicated legal contact address, notice to CommonKeep may be given through the Help & Support page (no account required), which is a working contact path today; CommonKeep will monitor that channel for legal notices and respond appropriately. CommonKeep will give you any required notice to the email address associated with your account or through your account in the Service.

Hearing method and location.

The hearing method and location will be determined under the applicable AAA rules. For consumer arbitration, the AAA Consumer Arbitration Rules and Consumer Due Process requirements will govern in a manner that does not prevent you from reasonably accessing arbitration, including any remote or hearing-location options the rules provide.

Fees and costs.

Filing fees, administrative costs, and arbitrator compensation will be governed by the applicable AAA rules and fee schedules in effect at the time of arbitration, including any consumer fee accommodations the AAA Consumer Arbitration Rules provide. The arbitrator may award fees and costs to the extent permitted by the applicable AAA rules and applicable law.

Class-action and collective-action waiver.

To the extent enforceable, you and CommonKeep each agree that any arbitration or litigation will be conducted solely on an individual, non-representative basis, and neither party may bring or participate in a class, collective, consolidated, or representative action.

Small-claims and court exceptions.

Either party may bring an individual action in small-claims court where authorized. In addition, either party may bring an action in court for injunctive or other equitable relief to protect intellectual property, address security or fraud, or where a claim is not subject to arbitration under applicable law.

If any part of this dispute-resolution section is found unenforceable, the remaining parts will apply to the maximum extent possible, and the unenforceable part will not invalidate the rest. This section does not waive any rights you have that cannot legally be waived.

16. Indemnification

To the extent legally permitted, you agree to indemnify and hold CommonKeep harmless from reasonable third-party claims and damages arising from: your conduct; unlawful or unauthorized content or data you provide; your misuse of the Service; the real-world use or misuse of your resources; your violation of the law or third-party rights; or activities for which you are responsible. If you are acting for an organization, this indemnification applies to you and your organization. Nothing in this section waives any rights you cannot legally waive.

17. Limitation of liability

To the maximum extent permitted by applicable law, CommonKeep's aggregate liability arising out of or relating to the Service or these Terms is limited to the amount you actually paid CommonKeep during the twelve (12) months preceding the event giving rise to the liability. For free accounts (where you have not paid CommonKeep anything in that period), CommonKeep's liability is limited to the maximum extent permitted by applicable law. To the extent applicable law prohibits limiting a particular liability, that limitation does not apply for such accounts.

To the maximum extent permitted by applicable law, neither party will be liable for indirect, incidental, consequential, special, exemplary, or lost-profit damages, or for loss of data, business, or goodwill, arising out of the Service. These exclusions do not apply to liabilities or rights that cannot legally be excluded or limited.

These limitations reinforce the fundamental distinction in Section 2: CommonKeep provides software to manage information about resources, and CommonKeep does not own, operate, inspect, maintain, insure, certify, or control the real-world resources represented in the software.

18. General provisions

• Severability. If any provision of these Terms is found unenforceable, the rest remain in effect.
• Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and CommonKeep regarding the Service.
• No waiver. CommonKeep's failure to enforce a right is not a waiver of that right.
• Assignment. You may not assign these Terms without CommonKeep's consent; CommonKeep may assign them as part of a legitimate business transaction. These Terms bind permitted successors and assigns.
• Notices. CommonKeep may provide notices by email or in the Service. You can contact CommonKeep about these Terms or privacy questions through the Help & Support page (no account required).

Contact

You can contact CommonKeep about these Terms or privacy questions through the Help & Support page (no account required).