1. Introduction

Welcome to Promise Keeper (“we,” “our,” or “us”). By accessing or using our website, applications, menu bar app, APIs, and services (collectively, the “Services”), you agree to be bound by these Terms of Service (“Terms”).

These Terms govern your access to and use of the Services. Please read these Terms carefully before using our Services. By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Service Description

Promise Keeper is a productivity tool that uses artificial intelligence to detect and track informal commitments (“promises”) made across various communication platforms including but not limited to Slack, Gmail, and Basecamp.

Our Services may include:

• AI-based detection and tracking of commitments made in your communications
• A menu bar interface for managing these commitments
• Notification systems for promise reminders
• Authentication and connection with third-party services
• Local storage of promises and related data

3. Eligibility and Account Registration

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

To access certain features of our Services, you may need to create an account and/or connect third-party services (such as Slack, Gmail, or Basecamp). You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4. Data Processing and Privacy

Our Services include the processing of communications data from third-party services. By using our Services, you grant us permission to access, analyze, and process your communications data from these third-party services in accordance with our Privacy Policy.

Local-First Approach: Promise Keeper primarily operates as a local-first application, with data stored on your device. Our approach is designed to maximize your privacy while providing our Services.

AI Processing: To provide our Services, we may use artificial intelligence, including OpenAI's API or similar services, to process communications that match user-defined promise keywords. You understand that only messages matching these keywords will be processed by our AI systems.

Data Collection Limitations: We implement keyword-based filtering to minimize privacy concerns. Messages are only sent to our AI processing systems if they match defined promise keywords that you can customize in the settings.

You represent and warrant that you have the right to grant us access to such data and that your use of our Services does not violate any agreements you have with third-party service providers or the rights of any third parties, including colleagues who may be part of your conversations.

5. Third-Party Services and Authentication

Our Services require connection to third-party communication platforms such as Slack, Gmail, and Basecamp. To enable these connections, you will need to authenticate using OAuth or provide API tokens.

You acknowledge and agree that:

• We store authentication tokens securely in your system's keychain
• We will only access data from these services as required to provide our Services
• Your use of these third-party services remains subject to their respective terms of service and privacy policies
• We are not responsible for the availability, accuracy, or practices of these third-party services
• You are solely responsible for compliance with the terms of these third-party services when using Promise Keeper

6. Intellectual Property Rights

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of Promise Keeper or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal or internal business purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content or material from our Services without our prior written consent.

7. User Conduct

You agree not to use our Services:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• To transmit any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• To impersonate or attempt to impersonate Promise Keeper, a Promise Keeper employee, another user, or any other person or entity.
• To attempt to circumvent the keyword filtering or other privacy protections built into the Services.
• To use the Services to track communications of individuals who have not consented to such tracking.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm Promise Keeper or users of the Services.
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.

8. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content on our Services.

AI Accuracy Disclaimer: The promise detection feature of our Services relies on artificial intelligence to identify commitments in your communications. We do not guarantee that all promises will be accurately detected or that the Services will not occasionally identify non-promises as commitments. You are responsible for reviewing and managing the promises detected by our system.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROMISE KEEPER, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO PROMISE KEEPER FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

You specifically acknowledge that Promise Keeper shall not be liable for any damages or losses resulting from:

• Missed commitments or promises, whether detected by our Services or not
• Professional or personal consequences of missed commitments
• Any unauthorized access to or use of our servers or any personal information stored therein
• Issues with third-party services to which our Services connect
• The accuracy or completeness of promise detection

11. Indemnification

You agree to defend, indemnify, and hold harmless Promise Keeper, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Services caused damage to a third party.

12. Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

13. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by posting the updated Terms on our website and updating the “Last updated” date. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

14. Data Retention and Deletion

Since Promise Keeper operates with a local-first approach, most of your data is stored locally on your device. You may at any time delete the application and its associated data according to your operating system's standard procedures for removing applications and their data.

For any data we may store on our servers (such as for analytics or syncing purposes in future versions), you may request deletion by contacting us at privacy@promisekeeper.app.