MsgKeeper LLC Policies

Privacy Policy

MsgKeeper LLC ("MsgKeeper™," "we," "us," or "our") provides technology that allows vendors and customers to connect MsgKeeper™ cards, NFC tags, and QR codes with personal audio or video messages. This Privacy Policy explains the information we collect, how we use it, and the choices available to users of MsgKeeper.

1. Information We Collect

Depending on how you use MsgKeeper™, we may collect:

• Vendor account information: business name, business email, vendor category, account identifiers, and account settings.
• Authentication and recovery information: vendor PIN-related authentication data, recovery information, and records of account-recovery activity. MsgKeeper™ uses security controls such as hashing and encryption for protected credentials.
• Purchase and subscription information: the activation pack or subscription selected, transaction status, billing status, subscription status, and identifiers received from our payment processor. MsgKeeper™ does not need to store your full payment-card number.
• Card and fulfillment information: MsgKeeper™ Activation IDs, activation status, vendor inventory status, sold date, optional vendor customer/order notes, upload status, and related operational records.
• Customer message information: audio, video, or other supported media uploaded to a MsgKeeper™ card, together with information needed to process, store, and play that media.
• Support information: information you provide when contacting MsgKeeper LLC for help, billing questions, or account recovery.
• Technical information: IP address, browser/device information, timestamps, request logs, error information, security events, and similar technical data used to operate and protect the service.

2. How We Use Information

We use information to:

• Create, authenticate, secure, and support vendor accounts.
• Generate, assign, activate, reset, and manage MsgKeeper™ cards.
• Process uploaded media and make it available to the intended recipient through the associated MsgKeeper™ card.
• Process purchases, subscriptions, renewals, and billing-related requests.
• Provide support, respond to recovery requests, and troubleshoot problems.
• Detect abuse, fraud, unauthorized access, security threats, or service misuse.
• Maintain, improve, and analyze the reliability and performance of MsgKeeper.
• Comply with applicable law and enforce our agreements.

3. Payment Processing

Payments and subscriptions may be processed by Stripe or another payment provider used by MsgKeeper. Payment providers process payment-card information under their own privacy and security practices. MsgKeeper™ receives transaction and subscription information needed to fulfill cards, manage billing status, and provide account services.

4. Service Providers

We may use service providers to operate MsgKeeper™, including payment processing, cloud hosting, media storage/processing, email delivery or routing, security, and technical infrastructure. For example, portions of MsgKeeper™ may use Cloudflare infrastructure for application delivery, data storage, or media processing. These providers receive information only as reasonably necessary to provide their services to MsgKeeper.

5. When We May Share Information

We may disclose information:

• To service providers working on MsgKeeper LLC's behalf.
• When required by law, court order, subpoena, or valid legal process.
• When reasonably necessary to protect MsgKeeper LLC, users, customers, or others from fraud, abuse, security threats, or unlawful activity.
• In connection with a merger, acquisition, financing, sale, or transfer of all or part of the MsgKeeper™ business, subject to applicable law.

MsgKeeper™ does not sell personal information to advertisers for their independent marketing use.

6. Vendor Customer / Order Notes

Vendors may optionally add a customer or order note to help identify a sold MsgKeeper™ card. Vendors should keep these notes brief and should not enter sensitive information that is unnecessary for order identification. Vendor notes are intended for the vendor dashboard and are not displayed to the message recipient through the normal customer card page.

7. Media and User Content

Users should upload only content they have the right to use and share. MsgKeeper™ processes and stores uploaded content only as needed to provide the service, operate the associated card, troubleshoot problems, comply with law, and protect the service.

8. Data Retention

We retain account, card, billing, support, media, and security information for as long as reasonably necessary to operate MsgKeeper™, provide purchased services, maintain records, resolve disputes, comply with legal obligations, prevent fraud, or enforce agreements. Retention periods may differ depending on the type of information and the reason it is retained.

9. Security

MsgKeeper™ uses reasonable technical and organizational safeguards designed to protect information. No website, storage system, network, or transmission method can be guaranteed to be completely secure. Vendors are responsible for protecting their login email, vendor PIN, recovery information, and access to devices used to manage their accounts.

10. Your Choices and Requests

You may contact MsgKeeper™ to ask about account information, correct certain information, or request account-related assistance. Some records may need to be retained for billing, security, fraud-prevention, contractual, or legal reasons even after an account is closed.

11. Children

Vendor accounts and purchases are intended for adults and businesses. MsgKeeper™ is not intended for children under 13 to independently create vendor accounts or make purchases. If minors appear in uploaded media, the person uploading the content is responsible for having any permissions required by law.

12. Changes to This Privacy Policy

We may update this Privacy Policy as MsgKeeper™ changes. The effective date at the top of this page identifies the current version. Material changes may be communicated through the service or other reasonable means when appropriate.

Vendor Terms & Conditions

1. Acceptance of Terms

By creating a vendor account, purchasing MsgKeeper™ cards, starting a subscription, or otherwise using MsgKeeper™ as a vendor, you agree to these Terms & Conditions and the policies linked from the vendor signup area.

2. Business Accounts and Authority

You represent that you are at least 18 years old and have authority to create the vendor account and enter into these Terms on behalf of the business identified in the account. Account information must be accurate and kept reasonably current.

3. Vendor Account Security

Vendors are responsible for protecting their business email, vendor PIN, one-time recovery code, and account access. Activity performed through a valid vendor session may be treated as authorized activity unless MsgKeeper™ has reason to believe otherwise. Contact MsgKeeper™ promptly if you believe an account has been compromised.

4. MsgKeeper™ Service

MsgKeeper™ provides digital card identifiers, NFC/QR access, activation PINs, media-upload functionality, message playback, vendor dashboard tools, and related services. Vendors may incorporate MsgKeeper™ cards into physical products or services sold to their customers, subject to these Terms.

5. Card Inventory and Vendor Responsibilities

• Each MsgKeeper™ card is intended to have a unique Activation ID and activation flow.
• Vendors are responsible for matching the correct label, Activation ID, and Activation PIN to the correct product or customer.
• Vendors should use the dashboard's Mark Sold feature when a card is sold so it is not accidentally sold twice before customer activation.
• Optional customer/order notes are for vendor organization only and should not contain unnecessary sensitive information.
• Vendors may not intentionally duplicate, manipulate, bypass, or misuse card identifiers, activation controls, billing controls, or security features.

6. Purchases and Pricing

Prices shown at checkout govern the applicable purchase. MsgKeeper™ may change card-pack prices, subscription prices, included quantities, or additional-card prices for future purchases or future billing periods. Any price change affecting an existing recurring subscription will be handled in accordance with applicable law and the billing provider's required notices.

7. Subscriptions

Card rollover: Unused cards issued through a MsgKeeper LLC subscription roll over indefinitely and remain available in the vendor account until used, reset, deleted, or otherwise affected by these policies.

A subscription renews automatically at the billing interval shown at checkout until canceled. By subscribing, you authorize the applicable recurring charges. Included cards are generated according to the subscription plan and successful billing events. Additional cards may be charged separately at the subscriber rate shown in the vendor dashboard.

8. Customer Content and Media

Users retain ownership of content they upload. By uploading or causing content to be uploaded through MsgKeeper™, the uploader grants MsgKeeper™ a limited, non-exclusive license to host, process, transmit, reproduce, and display that content only as reasonably necessary to operate, secure, troubleshoot, and provide the MsgKeeper™ service.

Vendors must not knowingly use MsgKeeper™ for unlawful, infringing, threatening, harassing, fraudulent, exploitative, or otherwise prohibited content or activity. Vendors are responsible for how they market MsgKeeper™ to their own customers and for ensuring they have permission to use names, photographs, artwork, trademarks, media, or other materials they provide.

9. Vendor's Physical Products and Customer Transactions

MsgKeeper™ is not the seller of a vendor's flowers, frames, photographs, memorial products, gifts, or other physical goods unless MsgKeeper™ separately agrees in writing to sell those goods. The vendor is responsible for its own product quality, delivery, shipping, taxes, returns, exchanges, customer promises, warranties, and compliance obligations relating to its physical products and services.

10. Availability, Maintenance, and Changes

MsgKeeper™ may perform maintenance, updates, security changes, or service modifications. We may temporarily limit or suspend access when reasonably necessary for maintenance, security, legal compliance, abuse prevention, payment issues, or system reliability. We do not guarantee uninterrupted or error-free operation.

11. Intellectual Property

MsgKeeper™ and its service, software, branding, designs, interfaces, documentation, and related materials are owned by MsgKeeper™ or its licensors and are protected by applicable intellectual-property laws. These Terms do not transfer ownership of MsgKeeper™ technology or branding to a vendor.

12. Prohibited Uses

You may not:

• Attempt to gain unauthorized access to MsgKeeper™ systems or another vendor's account.
• Probe, attack, overload, disrupt, reverse engineer, or circumvent security or billing controls except where applicable law expressly permits otherwise.
• Use MsgKeeper™ for fraud, illegal activity, infringement, malicious software, or abusive content.
• Misrepresent your relationship with MsgKeeper™ or make promises on MsgKeeper™'s behalf that MsgKeeper™ has not authorized.

13. Suspension or Termination

MsgKeeper LLC may suspend or terminate access for material violations of these Terms, fraud, abuse, security threats, nonpayment, unlawful activity, or conduct that materially threatens users or the service. When practical, we may provide notice or an opportunity to resolve the issue.

14. Disclaimers

To the maximum extent permitted by law, MsgKeeper™ is provided on an "as is" and "as available" basis. MsgKeeper™ disclaims warranties not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the extent those disclaimers are permitted by law.

15. Limitation of Liability

To the maximum extent permitted by law, MsgKeeper LLC will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, lost profits, lost revenue, lost business opportunities, or loss of data arising from use of the service. To the maximum extent permitted by law, MsgKeeper™'s aggregate liability relating to a vendor's use of the service will not exceed the amount the vendor paid MsgKeeper™ during the 12 months immediately preceding the event giving rise to the claim.

16. Indemnification

To the extent permitted by law, a vendor agrees to defend, indemnify, and hold MsgKeeper™ harmless from third-party claims, damages, liabilities, and reasonable costs arising from the vendor's physical products, vendor-created marketing claims, unlawful use of MsgKeeper™, content supplied by the vendor, or material violation of these Terms.

17. Governing Law

These Terms are governed by the laws of the State of Mississippi, without regard to conflict-of-law rules, except where applicable law requires a different result. Any dispute that is not otherwise resolved by agreement will be handled in a court with lawful jurisdiction.

18. Changes to Terms

MsgKeeper™ may update these Terms from time to time. The effective date at the top identifies the current version. Continued use after an updated version becomes effective may constitute acceptance where permitted by law. If a material change requires affirmative consent, MsgKeeper™ may require vendors to accept the updated Terms before continuing certain services.

Vendor Refund Policy

1. One-Time Activation Packs

MsgKeeper™ activation packs create unique digital activation inventory for a vendor. Because fulfillment may begin immediately after successful payment, one-time card-pack purchases are generally final once the purchased activations have been generated or assigned to the vendor account.

2. Duplicate Charges, Billing Errors, or Failed Fulfillment

If you believe you were charged twice, charged an incorrect amount, or successfully charged but did not receive the purchased activations because of a MsgKeeper™ system failure, contact support@msgkeeper.com as soon as reasonably possible. MsgKeeper™ will review the transaction and may correct the charge, restore the missing activation inventory, or issue a refund when appropriate.

For billing errors, contacting MsgKeeper™ within 7 calendar days of the charge helps us investigate quickly. This does not limit any non-waivable rights available under applicable law.

3. Subscription Charges

Subscription charges are generally non-refundable once a new billing period has begun and included activations for that period have been generated, except where required by law or where MsgKeeper™ determines that a billing or fulfillment error occurred.

4. No Prorated Refunds

Canceling a subscription normally stops future renewals and does not create a prorated refund for unused days in the current billing period, unused dashboard time, or unused activation inventory already generated for that billing period.

5. Generated Cards

Cards already generated and placed in a vendor account do not have cash value and are not redeemable for cash. Cancellation of a subscription does not automatically convert unused activations into a refund.

6. Vendor's Own Customers

MsgKeeper™ does not determine a vendor's refund or exchange policy for the vendor's own physical products or services. The vendor is responsible for refunds, returns, exchanges, and customer-service commitments it makes to its own customers.

7. How to Request Review

Send the vendor business name, vendor login email, approximate charge date, charge amount, and a brief explanation to support@msgkeeper.com. Do not send full payment-card numbers, passwords, or vendor PINs by email.

Subscription Cancellation Policy

1. How to Cancel

Vendors may cancel an active MsgKeeper™ subscription through the vendor dashboard's Manage Billing option when available. The billing portal is provided through MsgKeeper™'s payment processor. If you cannot access the billing portal, contact support@msgkeeper.com for assistance.

2. When Cancellation Takes Effect

Unless the billing portal states otherwise, cancellation takes effect at the end of the vendor's current paid billing period. The subscription remains active until that date, and the vendor will not be charged for a new billing period after the cancellation becomes effective.

3. No Partial-Period Refund

Cancellation normally does not produce a partial or prorated refund for the remaining days in an already-paid billing period. Refund rights for billing mistakes or failed fulfillment are described in the Refund Policy above.

4. Cards Already Generated

MsgKeeper™ cards already generated and placed in the vendor account before the subscription ends remain associated with that vendor account and may continue to be used subject to these Terms. Future monthly included-card generation stops after the paid subscription period ends.

5. Additional Activations

Additional cards purchased or generated through separate charges are not canceled merely because a subscription is canceled. Any completed additional-card transaction remains subject to the Refund Policy.

6. Past-Due or Outstanding Amounts

Canceling a subscription does not erase charges that were validly incurred before cancellation or amounts that remain due for completed transactions.

7. Resubscribing

A vendor may generally start a new subscription later if MsgKeeper™ continues to offer the applicable plan. Current pricing, included activations, and plan terms at the time of resubscription will apply.