Legal

Terms of Service

Terms of Service

Last updated: 2026-07-20 Hosted at: usekempt.com/terms Contact: hello@usekempt.com

1. Agreement

By creating a Kempt account, downloading the app, or using usekempt.com, you agree to these Terms. If you don’t agree, don’t use the service.

These Terms are between you and Brian Garland operating as Kempt (“we,” “us”). Apple is not a party to these Terms; see §11 for Apple’s role.

2. Who can use Kempt

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use Kempt. You are responsible for everything that happens under your account.

3. The agent

Kempt is an agent-native app. Most things you see in the app — task suggestions, weekly briefs, appliance identifications, severe-weather plans, scoped chat answers — are produced by an AI agent (Anthropic’s Claude, see Privacy Policy §4) operating over data you’ve given us.

The agent is a helpful assistant, not a licensed professional. Specifically:

  • Not a contractor, plumber, electrician, HVAC technician, structural engineer, building inspector, or insurance adjuster. Anything the app suggests is a starting point for your own judgment.
  • Not legal, financial, or insurance advice.
  • Not an emergency service. If you smell gas, see flames, or face any safety emergency, call 911 first. The app is not a substitute for emergency services.

You are responsible for verifying any agent-suggested work against the manuals, professionals, codes, and permits that apply to your home.

4. Subscription and billing

Kempt is a paid subscription. There is no free tier.

Plans. Kempt Pro is offered at $39.99 per year or $7.99 per month (US dollars, US App Store). The price you see on the subscription screen at the time you subscribe is the price that applies to you.

Free trial. New subscribers are offered a 7-day free trial. Trial eligibility is determined by Apple, not by us — if your Apple ID has already used a trial for Kempt, Apple will not grant another one, and the subscription screen will tell you so before you subscribe. If you cancel before the trial ends, you are not charged. If you subscribe during a trial, any unused portion of the trial is forfeited.

Auto-renewal. Subscriptions renew automatically. Your Apple ID is charged for the next period within 24 hours before the current period ends, unless you cancel at least 24 hours before that. This continues until you cancel.

Payment and refunds are handled by Apple. All billing runs through your Apple ID. We never see or store your payment details. Refund requests go to Apple, not to us — we cannot issue refunds. Apple’s process is at reportaproblem.apple.com.

How to cancel. iPhone: Settings → tap your name → Subscriptions → Kempt → Cancel Subscription. You can also reach this from Kempt’s Settings screen. Cancelling stops the next renewal; your subscription stays active through the end of the period you already paid for.

What happens if your subscription ends. Your data is not deleted and it is not hidden from you. Kempt enters a read-only state: you can still view everything — your home, appliances, tasks, history, memory — and you can still export all of it. What stops is the ability to add or change data and to use the agent. Resubscribing restores full access to the same data.

Price changes. We may change prices. Apple will notify you and, where required, ask you to consent before any increased price is charged. If you don’t agree, cancel before the next renewal.

5. Your account

  • Sign in with Apple, Google, or an email magic link. We don’t store passwords.
  • One person per account.
  • Keep your sign-in method secure. We are not liable for account compromise resulting from your loss of your Apple/Google credentials.

6. Your content

You retain ownership of everything you put into Kempt — your home address, appliances, photos, notes, completion history, money-saved entries.

You grant us a non-exclusive, royalty-free license to store and process your content for the sole purpose of operating the app for you. We do not use your content to train AI models. We do not sell your content. See the Privacy Policy for the full data picture.

You are responsible for the accuracy of what you enter (e.g., the address you give us). We process what you provide; we don’t independently verify it.

7. Acceptable use

You agree not to:

  • Use Kempt to harass anyone, send spam, or violate any law.
  • Reverse-engineer, decompile, or attempt to extract source code from the app.
  • Submit content you don’t have the right to (e.g., a manual you’ve signed an NDA over).
  • Attempt to access another user’s data.
  • Use automated scripts to spam the agent or scrape data.

We may suspend or terminate accounts that violate this section, with or without notice in proportion to the severity.

8. Severe-weather alerts

Kempt may push alerts for freeze, heat, storm, or flood threats based on the National Weather Service’s CAP feed for your zone. Push delivery depends on Apple’s APNs and the network — we cannot guarantee that any specific alert will reach you, and you should not rely on Kempt as your sole source of severe-weather warnings.

9. Account deletion

You can delete your account and all associated data from inside the app (Settings → Account → Delete account). This is irreversible. See Privacy Policy §7 for the full deletion semantics. We may delete accounts that have been inactive and unsubscribed for 12 months.

10. Changes to these Terms

We will email you at least 30 days before any material change to these Terms takes effect. Continued use after the effective date constitutes acceptance. Non-material changes (clarifications, typo fixes) appear in the change log below without notice.

11. Apple — App Store specifics

Per Apple’s Standard EULA requirements:

  • These Terms are between you and Kempt, not Apple. Kempt is solely responsible for the app and its content.
  • Apple has no obligation to provide maintenance or support for the app.
  • Apple is not responsible for addressing any claims relating to the app (e.g., product liability, legal compliance, intellectual property).
  • In the event of any third-party claim that the app or your use of it infringes that party’s intellectual property rights, Kempt — not Apple — will be solely responsible for the investigation, defense, settlement, and discharge of such claim.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you upon your acceptance.

12. Disclaimers

THE APP IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE AGENT’S OUTPUT WILL ALWAYS BE ACCURATE.

NOTHING THE AGENT TELLS YOU IS A SUBSTITUTE FOR THE PROFESSIONAL ADVICE OF A LICENSED CONTRACTOR, INSPECTOR, ENGINEER, ATTORNEY, OR INSURANCE PROFESSIONAL. YOU USE THE AGENT’S OUTPUT AT YOUR OWN RISK.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEMPT’S AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE APP IS LIMITED TO THE AMOUNT YOU PAID FOR THE SUBSCRIPTION IN THE 12 MONTHS PRECEDING THE CLAIM. IF YOU HAVE NOT PAID FOR A SUBSCRIPTION IN THAT PERIOD — FOR EXAMPLE, DURING A FREE TRIAL OR A COMPLIMENTARY GRANT — THIS AMOUNT IS $100 IN AGGREGATE.

WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR PROPERTY DAMAGE TO YOUR HOME RESULTING FROM YOUR RELIANCE ON THE AGENT’S SUGGESTIONS. THIS LIMITATION APPLIES EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow these limitations; in those, our liability is limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify and hold Kempt harmless from any third-party claim arising from (a) your violation of these Terms, (b) your violation of any law or third-party right, or (c) any work performed on your home as a result of acting on the agent’s suggestions.

15. Termination

You may stop using the app and delete your account at any time. We may suspend or terminate your account for violation of §7 or for any reason on 30 days’ notice. On termination, the license in §6 ends and we delete your data per Privacy Policy §7.

16. Governing law

These Terms are governed by the laws of the United States and the State of Missouri, without regard to conflict-of-laws rules. Disputes will be resolved in the state or federal courts located in Jackson County, Missouri, except where applicable law gives you the right to bring a claim in your local jurisdiction (e.g., consumer-protection statutes).

17. Entire agreement

These Terms plus the Privacy Policy plus Apple’s Standard EULA (where applicable) are the entire agreement between you and Kempt regarding the app. If any provision is found unenforceable, the rest remain in effect.

18. Contact

  • Email: hello@usekempt.com
  • Mailing address: Kempt, 4050 Pennsylvania Ave, Ste 115 #667, Kansas City, MO 64111

19. Change log

  • 2026-04-26 — v0.1 draft (Chunk 9.9.F). Beta banner in place. Final version pending legal review (Phase 11, ~$500 one-time consult). Governing-law jurisdiction is a placeholder pending entity formation; will be revisited at entity-formation time.
  • 2026-04-30 — v0.1.1 (Chunk 9.95.D): contact emails consolidated to hello@usekempt.com.
  • 2026-07-20 — v1.0 (Phase-12 Workstream B, RF-651). Paid-subscription rewrite for public launch. §4 “Free service” replaced with “Subscription and billing”: $39.99/yr and $7.99/mo pricing, 7-day trial with Apple-determined eligibility, auto-renewal and cancellation mechanics, Apple-handles-billing-and-refunds, and an explicit description of the read-only state a lapsed subscription enters (data is never deleted or hidden; export always works). §14 liability cap re-based on subscription fees paid, with the $100 floor retained for trial and complimentary users. §17 governing law corrected from Texas / Travis County — a placeholder that named a state with no connection to the operator — to Missouri / Jackson County. Removed §8 “The contractor outreach feature” — the feature was never built (verified 2026-07-20: no registered tools, no handlers, no mobile UI; only the legal text referenced it), so the Terms described a capability that does not exist. All sections from §9 renumbered down one, and §1’s cross-reference to Apple’s section corrected to §11 (it had drifted to §13 while the section sat at §12). This adopts a correction the usekempt.com copy made on 2026-05-08 that never came back to this repo — see RF-661. Beta notice removed; the account-deletion clause de-beta’d. Operator remains a sole proprietor by decision (2026-07-20): entity formation deferred until revenue justifies it, so the RF-351 swap stays open and §1’s “Brian Garland operating as Kempt” is accurate, not placeholder. Mailing address added to §18 (4050 Pennsylvania Ave, Ste 115 #667, Kansas City, MO 64111, a registered CMRA private mailbox) — closes RF-649. Not reviewed by counsel — the ~$500 consult budgeted in plan §3 Phase 11 has not been spent; with no entity in place these disclaimer and limitation clauses are the operator’s primary liability protection and should be reviewed before or during App Review.
  • 2026-05-02 — v0.2: §4 + §5 collapsed into single “Free service” section — Plus pricing/trial details removed (undecided). §5 (was §6) account section — roadmap reference removed. §7 (was §8) acceptable use — internal implementation detail removed. §10 (was §11) account deletion — internal build note removed. All section cross-references updated for renumbering.
  • 2026-05-04 — v0.3 (Chunk 11.F): Beta banner simplified — removed “legal language will be tightened by counsel.” RF-351 TODO comment added to §1.