Legal
Terms
These terms cover the use of KeepSealed by law firms, their staff and their clients.
In these terms:
- “KeepSealed”, “we”, “us” and “our” mean Get Safe Now LLC, which operates KeepSealed.
- “Firm” means the law firm or other organization that subscribes to KeepSealed.
- “Staff” means the people a firm lets sign in to KeepSealed, and “clients” means the people a firm shares documents with through it.
- “Service” means the KeepSealed web app and the website at keepsealed.com.
Our text message terms are part of these terms. Our Data Processing Addendum, which covers the personal data a firm puts into KeepSealed, is also part of these terms and, where the two differ, the Addendum applies. Our Privacy Policy explains how we handle personal information.
1. Agreeing to these terms
A firm agrees to these terms when its administrator creates the firm’s account. The administrator confirms, by doing so, that they are authorized to agree on the firm’s behalf. Staff agree to these terms when they join, and clients when they sign in.
2. The service
KeepSealed lets a firm exchange documents with its clients securely, in the browser. Documents are encrypted on the devices of the people who use KeepSealed before they are uploaded, and we store them only in encrypted form, with no way to open them.
We keep improving KeepSealed and may change its features. If we remove a material feature, we give firms reasonable notice, except where a change is needed urgently for security or legal reasons.
3. Keeping access safe
- Each person keeps their own password, invitation code and sign-in codes private, and tells the firm immediately if they think someone else has used their access.
- Each staff member keeps their recovery kit safe, away from the computers they use KeepSealed on. Recovery kits are how staff restore access on a new computer, and the administrator’s kit also restores the firm’s access.
- Because documents are encrypted on your devices, we have no way to open them or restore access to them on anyone’s behalf. Recovery kits are how access is restored.
4. The firm’s responsibilities
- The firm decides who on its staff has access and which clients see which documents, and is responsible for what its staff do in KeepSealed.
- The firm has the right to share the documents and client details it puts into KeepSealed, and enters client contact details accurately, for clients who expect to hear from the firm through KeepSealed.
- The firm remains responsible for its own professional obligations, including client confidentiality and record keeping. Firms can export any case, decrypted, while they have access, and keep their own copies of anything they are required to keep.
- Once a document is downloaded or exported, it is outside KeepSealed, and the person who has it is responsible for it.
- The firm does not put protected health information covered by HIPAA into KeepSealed unless we have signed a business associate agreement with the firm.
- KeepSealed is not a law firm and does not give legal advice.
5. Clients
KeepSealed is free for clients. Clients use it to receive documents from, and send documents to, the firm that invited them. Sign-in codes are sent by text as described in our text message terms. A client’s access to a firm’s documents is decided by that firm.
6. Plans, free trial and payment
- Plans and prices are shown in our pricing section. Each plan includes a number of staff seats and an amount of storage. A colleague who has been invited takes a seat. When storage is nearly full, KeepSealed shows a notice so the firm can choose a larger plan.
- Free trial. A new firm gets 14 days free, once per firm. A card is needed to start the trial, and it is first charged when the trial ends unless the subscription is canceled before then.
- Renewal. Subscriptions renew automatically, monthly or yearly, and are charged at the start of each period until canceled.
- Canceling. An administrator can cancel at any time from Billing. Canceling stops future charges, and the firm keeps full use of KeepSealed until the end of the period already paid for.
- Refunds. Fees already charged are not refunded, except where these terms, the Data Processing Addendum or the law say otherwise.
- Payment is taken by Stripe, our payment provider, in US dollars. Prices exclude any taxes that apply. If a payment does not go through, Stripe retries it and the firm keeps working in the meantime. If it still has not gone through after Stripe’s retries, the subscription ends and section 7 applies.
- Price changes. We email firm administrators at least 30 days before a price change, and the new price applies from the next renewal.
7. When a subscription ends
For 30 days after a subscription ends, the firm can still open, preview, download and export its documents. For a further 90 days, the firm’s account is kept so an administrator can restart the subscription and carry on where the firm left off.
After that, we permanently delete the firm’s documents, cases, requests, staff accounts, client details and activity record. We keep the firm’s name and its billing history as our record of our customer. An administrator can ask us to do this sooner, and we do so within 30 days of the request. Deleted information leaves our encrypted backups within a further 30 days.
8. Content and confidentiality
Documents and other content put into KeepSealed remain the property of whoever owns them. The firm, and everyone who uploads to KeepSealed, gives us permission to store, copy and transmit that content, in encrypted form, only as needed to provide the service. We claim no other rights in it.
We keep each firm’s information confidential, use it only as described in our Privacy Policy, and require the same of our personnel and the providers who help us. If we receive a legal demand for a firm’s information, we refer the requester to the firm and, unless the law prohibits it, tell the firm promptly so it can respond or object.
9. Acceptable use
Nobody may use KeepSealed to:
- Do anything illegal, fraudulent, abusive or harmful
- Store or share material that sexually exploits children, or that promotes terrorism or mass violence
- Store or share material that infringes anyone’s intellectual property or privacy rights
- Send malware, spam or unsolicited messages, or impersonate anyone
- Gain access to accounts, systems or data they are not authorized to use
- Disrupt or overload the service, or test its security without our written permission
- Copy, frame, scrape, resell or reverse engineer the service, except as the law allows
- Break US export control laws or sanctions
10. Suspension and termination
If a firm breaks these terms, we tell the administrator in writing and give the firm 7 days to put it right before we suspend or close its account. For serious breaches, such as illegal activity, attacks on the service or the material listed in the second item of section 9, we may suspend access or close the account immediately. Unless the law prevents it, or the account was closed for a serious breach, we give the firm the chance to export its documents before closing its account.
We may also suspend the access of any staff member or client who breaks section 9, and we tell the firm when we do.
We may stop offering KeepSealed, or end a firm’s subscription for any other reason, by giving the firm at least 90 days’ notice, refunding any fees paid for time after it ends, and giving the firm the chance to export its documents.
A firm can end this agreement at any time by canceling its subscription. Sections 4, 6 (for fees already due), 7, 8 and 12 to 18 continue after this agreement ends.
11. Our service and software
The KeepSealed name, logo, website and software belong to Get Safe Now LLC or our licensors. We give each firm, and the people it invites, a personal, non-transferable right to use the service under these terms. KeepSealed includes open-source software, used under its own licenses, and nothing in these terms limits those licenses.
12. Disclaimer
To the extent the law allows, the service is provided “as is”, and we make no other warranties, express or implied, including of merchantability, fitness for a particular purpose and non-infringement. We are not responsible for the services of others that KeepSealed relies on, such as mobile carriers’ delivery of text messages. Some places do not allow these exclusions, so some of them may not apply to you.
13. Limitation of liability
To the extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue or data. Firms keep their own copies of anything they are required to keep (section 4). Our total liability for all claims relating to KeepSealed combined is limited to the amount the firm paid us in the 12 months before the first claim, or US$100 for anyone who has not paid us. Nothing in these terms limits liability that cannot be limited by law, such as for death or personal injury caused by negligence, or for fraud.
14. Indemnity
The firm will defend and indemnify Get Safe Now LLC, its officers, employees and agents against third-party claims, and the costs that come with them, including reasonable legal fees, arising from the content the firm puts into KeepSealed, the firm’s breach of these terms, or the firm’s breach of law. We may take control of the defense of such a claim, and the firm will cooperate with us.
15. Disputes and governing law
- Before starting a formal dispute, contact us at support@keepsealed.com and we will both try to resolve it informally for at least 30 days.
- If that does not resolve it, a dispute between a firm and us is settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, in English, seated in Sheridan, Wyoming (hearings may be held by video). Judgment on the award may be entered in any court with jurisdiction. Claims are brought individually, not as part of a class or representative action. Either side may instead bring a claim in small claims court, or ask a court for urgent relief to prevent irreparable harm. Arbitration applies only to disputes between a firm and us.
- These terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law rules. Any dispute that is not arbitrated is heard in the state or federal courts of Wyoming.
- Clients in the United Kingdom. If you use KeepSealed as a consumer in the United Kingdom, nothing in these terms affects your rights under UK consumer law, and you can bring a claim in the courts where you live.
16. Events beyond our control
We are not liable for delays or failures caused by events beyond our reasonable control, such as natural disasters, war, government action, or failures of the internet, power or the services we rely on. We tell affected firms and restore the service as soon as we reasonably can.
17. Changes to these terms
If we make a material change to these terms, we will post the new terms here and email firm administrators at least 30 days before it takes effect. Smaller changes take effect when posted. The date at the top shows the latest version. Using KeepSealed after a change takes effect means accepting it. A change does not apply to a dispute that arose before it took effect.
18. General
- These terms, with the text message terms and the Data Processing Addendum, are the whole agreement between the firm and us about KeepSealed.
- We send notices by email to the firm’s administrators. Notices to us go to support@keepsealed.com. Everyone agrees to receive notices and other communications from us electronically.
- Apart from the people protected by section 14, the people a firm invites (who may use the service under these terms), the rights of UK consumers in section 15, and the rights the Data Processing Addendum gives the people whose personal data it covers, nobody other than the firm and us has rights under these terms.
- If any part of these terms is found unenforceable, the rest still applies.
- A firm may not transfer this agreement without our written consent. We may transfer it as part of a sale or merger of our business. Where we can, we tell firms in advance.
- If we do not enforce a term immediately, we can still enforce it later.
19. Contact
Get Safe Now LLC, doing business as KeepSealed
1309 Coffeen Avenue, STE 1200, Sheridan, Wyoming 82801
support@keepsealed.com