# ChatKeeper Terms of Service and End User License Agreement (EULA)

See also: Online copy of this document [1]

Last updated: September 14, 2024

**Thank you for using ChatKeeper!**

When we say "company", "we", "our", "us", "service" or "services" in
this document, we are referring to Martian Software, Inc.

We may update this policy as needed to comply with relevant regulations
and reflect any new practices. Whenever we make a significant change to
our policies, we will also announce them on our company blog or social
media.

By using ChatKeeper, now or in the future, you are agreeing to the
latest Terms of Service and End User License Agreement (collectively,
the "Agreement"). There may be times where we do not exercise or enforce
any right or provision of the Agreement; in doing so, we are not waiving
that right or provision. This Agreement does contain a limitation of our
liability.

If you do not agree to these terms, do not use ChatKeeper. Violation of
any of the terms below may result in a refusal to extend your software
license or use of our services.

## Definitions

-   **Commercial Use**: Use of the software for any purpose related to a
    business, profession, or trade, including but not limited to
    managing business-related communications or providing services to
    clients.

## License Grant

Martian Software, Inc. grants you, whether you are an individual or a
company, a non-exclusive, non-transferable license to install and use
ChatKeeper in accordance with this Agreement. This license is for
individual use (whether personal or commercial) and may be installed on
multiple computers, provided that the software is used solely by the
licensed individual for their own chat conversations. Each additional
user, including employees or agents within a company, requires their own
license.

Licenses are issued per individual user and are non-transferable.
Sharing a license between multiple users, even within the same company
or organization, is not permitted.

## License Restrictions

You may not:

-   Reverse engineer, decompile, or disassemble ChatKeeper.
-   Reproduce, duplicate, copy, sell, resell, or exploit any portion of
    the service or product, or access to the service or product, without
    the express written permission of Martian Software, Inc.
-   Use your license to process another individual's chat conversations
    without their consent and a valid license covering such use.

## Purchasing terms

1.  You may not use our products for any illegal purpose or to violate
    any laws in your jurisdiction.
2.  You must provide your legal full name and a valid email address in
    order to complete the purchasing process.
3.  You must provide only accurate and up-to-date information in order
    to complete the purchasing process.
4.  You must be a human. Automated or bot-driven purchases are not
    permitted.

## Payment, refunds, upgrading and downgrading terms

For our free trial, we explain the length and limitations of the trial
when you use the software. We do not ask you for your credit card (or
even your name!) and, just like for customers who pay for our services,
we do not sell your data. In fact, you don't actually give us any in the
first place.

For the full version of ChatKeeper, you need to purchase a license. This
license will allow your software to run forever. When the license
expires, the only ability removed is the ability to use the full
functionality of newer versions of the software that were released after
your license expired.

**In other words:** when you purchase ChatKeeper, you purchase full use
forever of any version released before the license expires. Any versions
released after your license expires will behave the same as the trial
version. You can then purchase a new license to "reset the clock" and
gain full functionality forever of newer releases that are released in
the next year.

Our payment process is conducted by our payment processor Paddle [2].
Paddle provides customer service inquiries relating to any financial
transactions. All fees are inclusive of all taxes, levies, or duties
imposed by taxing authorities. Paddle will collect those taxes on behalf
of and remit those taxes to taxing authorities. See Paddle's Terms of
Use [3] for details.

All sales are final, and fees paid hereunder are non-refundable.

## Corporate Use and Volume Licensing

Companies and organizations are permitted to purchase licenses for their
employees or agents. Each user within the company who uses ChatKeeper
must have their own individual license. For convenience, companies may
purchase multiple licenses through a single transaction.

Each license is assigned to a specific individual, including employees,
contractors, or agents of the company. Contractors and third parties
working on behalf of the company must also have their own individual
licenses.

For bulk purchases or special pricing on a large number of licenses,
please contact us [4] to discuss volume licensing options.

## Cancellation and termination

ChatKeeper licenses cannot be canceled. This is a natural consequence of
our licensing strategy that does not need to contact any servers in
order to validate a license. We believe this is in the best interest of
our users because, once a license is provided, there is nothing we can
do remotely to prevent the software you purchased from running forever.

If you do not wish to use newer versions of ChatKeeper after your
license has expired, simply do not renew your license.

Abuse of any kind (verbal, physical, written, or otherwise), including
threats of abuse or retribution, against any customer, company employee,
or officer may result in a ban from future purchases of any Martian
Software products or services.

## Content ownership and copyright

You are solely responsible for any content that you provide to
ChatKeeper.

We claim no intellectual property rights over the material you provide
to the software. All chat conversations remain yours.

You may provide us with feedback, suggestions, and ideas about the
service. You agree that we own all rights to use and incorporate the
feedback you provide in any way, including in future enhancements and
modifications to the service, without payment or attribution to you.

You must not modify another website so as to falsely imply that it is
associated with Martian Software, Inc. or with ChatKeeper. The look and
feel of the software, Martian Software website, and the Martian Software
logo and imagery are copyright © to Martian Software, Inc. All rights
reserved.

## Privacy and security of your data

We take many measures to protect and secure your data. Most
fundamentally, whenever possible, we do not request or accept your data
in the first place. If you choose to entrust us with your data (e.g.,
for support requests), you agree that Martian Software may process your
data as described in our privacy policy [5] and for no other purpose.

Each party agrees to handle the other party's data in accordance with
(i) all applicable laws; and (ii) privacy and security measures
reasonably adequate to preserve the other party data's confidentiality
and security.

You own all right, title, and interest to your conversation data. We
obtain no rights from you to your conversation data. We do not collect
or analyze personal information from chat conversations.

We will never collect or store any personally identifiable information
except as noted in our privacy policy [5] and we will never abuse your
privacy.

We will never sell or share your data to any third-parties except as
noted in our privacy policy [5].

You agree to comply with all applicable laws including all privacy and
data protection regulations.

You agree not to send sensitive information to the company where
unauthorized disclosure could cause material, severe, or catastrophic
harm or impact to the company, any data subjects, or third-parties.
Sensitive information includes, but is not limited to, credit card
information, passport numbers, government issued identification numbers,
financial account information, real time geolocation, and personally
identifiable information (PII). PII is information that could be used on
its own to directly identify, contact, or precisely locate an
individual.

## Modifications to the product and prices

We reserve the right at any time and from time to time to modify or
discontinue, temporarily or permanently, any part of the product with or
without notice. Note that any changes can only be reflected in new
versions of ChatKeeper. We do not have the ability to change the
behavior of software you already have installed. Nor should we.

Changes to the pricing structure for our products, if they occur, will
not affect existing licenses. Any pricing changes will only apply to new
licenses or renewals purchased in the future.

Martian Software shall not be liable to you or to any third-party for
any modification, price change, suspension, or discontinuance of the
service.

## General conditions

Your use of ChatKeeper is at your sole risk. The software is provided on
an "as is" and "as available" basis. We do take the quality and
availability of our applications seriously.

We design our products and services with care, based on our own
experience and the experiences of customers who share their time and
feedback. However, it is not possible to please everybody. We make no
guarantees that our products or services will meet your specific
requirements or expectations.

We also test all of our features extensively before shipping them, but
as with any software, our products and services may have some bugs. We
track the bugs reported to us and work through priority ones, especially
any related to security or privacy. Not all reported bugs will get fixed
and we don't guarantee completely error-free products or services.

Technical support is provided by email. Email responses are provided on
a reasonable effort basis without guaranteed response time.

If you choose to provide us with your data (see above), we as humans can
access your data to help you with support requests you make and to
maintain and safeguard Martian Software to ensure the security of your
data and our products and services as a whole.

We use third party vendors to provide the necessary hardware, storage,
payment processing and related technology required to run the Services.
You can see a list of all subprocessors here [5].

## Liability

We mention liability throughout these Terms but to put it all in one
section:

You expressly understand and agree that Martian Software shall not be
liable, in law or in equity, to you or to any third party for any
direct, indirect, incidental, lost profits, special, consequential,
punitive or exemplary damages, including, but not limited to, damages
for loss of profits, goodwill, use, data or other intangible losses
(even if the company has been advised of the possibility of such
damages), resulting from: (i) the use or the inability to use the
products or services; (ii) the cost of procurement of substitute goods
and services resulting from any goods, data, information or services
purchased or obtained or messages received or transactions entered into
through or from the products or services; (iii) unauthorized access to
or alteration of your transmissions or data; (iv) statements or conduct
of any third party using the product or service; (v) or any other matter
relating to these Terms of Service or the products or services, whether
as a breach of contract, tort (including negligence whether active or
passive), or any other theory of liability.

In other words: choosing to use our products or services means you are
making a bet on us. If the bet does not work out, that's on you, not us.
We believe that with our pricing, the stakes of this bet are low.

We do our best to make this a safe bet by producing products and
services that we would want to use ourselves, and by conducting business
in the same way. [6]

Some jurisdictions do not allow the exclusion of certain warranties or
limitations on liability for damages. In such jurisdictions, our
liability is limited to the greatest extent permitted by law.

## Governing Law and Jurisdiction

This Agreement shall be governed by, and construed in accordance with,
the laws of the State of Delaware without giving effect to the conflict
of laws principles thereof, and all disputes arising under or relating
to this Agreement shall be brought and resolved solely and exclusively
in the State Court located in Delaware.

## Severability

If any provision of this Agreement is held to be invalid or
unenforceable, the remaining provisions will remain in full force and
effect.

## Entire Agreement

This Agreement constitutes the entire agreement between you and Martian
Software, Inc. regarding the use of ChatKeeper and supersedes any prior
agreements between you and Martian Software, Inc. relating to such use.

## Changes and questions

We may update this policy as needed to comply with relevant regulations
and reflect any new practices. Whenever we make a significant change to
our policies, we will also announce them on our company blog or social
media.

Contact us [4] if you have any questions, comments, or concerns about
this Agreement.

## Thank You!

Although this document uses the words "we" and "us" a lot, Martian
Software, Inc. is a one-person operation, and that one person (Marty 👋)
is grateful that you've chosen to be my customer.

  [1]: https://martiansoftware.com/chatkeeper/terms-of-service-and-eula
  [2]: https://paddle.com
  [3]: https://paddle.com/legal/
  [4]: mailto:chatkeeper@martiansoftware.com
  [5]: https://martiansoftware.com/chatkeeper/privacy-policy
  [6]: https://en.wikipedia.org/wiki/Golden_Rule
