Terms & Conditions and Privacy Policy

Effective Date: February 26, 2026

These Terms & Conditions (“Terms”) govern all products, services, storefronts, and platforms provided by Straight Up Inc. (“Company,” “we,” “us,” or “our”), which operates under the brand names Kept and Keepers Collective.

These Terms apply to all clients, purchasers, and users (“Client” or “User”), regardless of ordering method or platform, including but not limited to:

Public or private e-commerce storefronts
Hosted client or employee stores
Pop-up or campaign-based stores
Enterprise procurement or punchout systems
Email or written purchase orders
Statements of work, quotes, or invoices
Digital ordering portals or merchandising tools
Warehousing and fulfillment programs

By accessing a storefront, placing an order, or engaging our services, you agree to these Terms.

1. Scope of Services

Company provides custom merchandise development, decoration services, curated retail-sourced goods, campaign storefronts, pop-up stores, kitting, warehousing, fulfillment, digital merchandising tools, and related consulting services (collectively, “Services”).

These Terms apply to all Services currently offered or developed in the future.

If a separate written agreement (such as a Master Service Agreement) exists between the parties, that agreement shall control in the event of conflict.

2. Storefront & Campaign Programs

Company may operate limited-time storefronts, employee stores, or campaign-based ordering programs on behalf of clients.

For such programs:

Orders may be produced after storefront closure (group production model).
Production timelines begin after store close unless otherwise stated.
Minimum order quantities may apply.
Items may be made-to-order and are non-returnable except for confirmed defects.
Promotional subsidies, credits, or allowances (if offered) are subject to program rules.

Company reserves the right to modify, suspend, or close storefronts at its discretion.

3. Order Acceptance

All listings, quotes, and proposals are invitations to purchase and do not constitute binding offers.

Orders are subject to written or electronic acceptance by Company.

Orders may not be canceled once production has commenced.

4. Custom Production & Decoration

4.1 Proof Approval

Client is responsible for reviewing and approving all proofs prior to production. Approval confirms accuracy of artwork, spelling, sizing, placement, and color.

4.2 Production Variance

Custom orders are subject to an industry-standard ±5% quantity variance. Client agrees to accept and pay for actual quantities delivered within this range.

4.3 Commercial Tolerances

Variations in color, fabric, sizing, decoration placement, and finish are inherent to manufacturing and are commercially acceptable.

4.4 Made-to-Order Items

Custom or post-store-closure items are non-returnable and non-refundable except in cases of confirmed manufacturing defects.

5. Pricing & Payment

Prices are subject to change prior to order acceptance.

Unless otherwise agreed in writing:

Payment terms are Net 30 for approved accounts.
Prepayment may be required.
Late payments may accrue interest at 1.5% per month (or the maximum permitted by law).
Client is responsible for applicable taxes unless valid exemption documentation is provided.

Company may suspend production or shipment for overdue balances.

5.1 Payment Processing & Chargebacks

Payments made through Company storefronts may be processed by third-party payment processors, including credit card processors and digital payment platforms.

By submitting payment information, Client represents and warrants that:

They are authorized to use the payment method provided; and
All billing information submitted is accurate and complete.

Company is not responsible for errors, delays, or security incidents attributable to third-party payment processors.

In the event of a chargeback, disputed transaction, or payment reversal:

Company reserves the right to recover the full amount of the order, including applicable processing or dispute fees, from Client;
Company may suspend storefront access or future orders until the matter is resolved; and
Client is responsible for any fees assessed by payment processors related to such dispute.

Company reserves the right to pursue collection remedies for unpaid balances.

6. Shipping & Risk of Loss

Unless otherwise agreed in writing:

All shipments are FOB Origin.
Risk of loss transfers upon delivery to carrier.
Delivery dates are estimates only and not guaranteed.

Company is not responsible for incorrect shipping information entered by Users.

7. Warehousing & Inventory Programs

For stored inventory:

Storage and handling fees apply as agreed.
Company is not liable for inherent product degradation over time.
Shrinkage under 1% annually is commercially reasonable.
Unclaimed inventory after 12 months may be disposed of upon notice.

8. Digital Platforms & Tools

Company may provide access to digital storefronts, ordering portals, merchandising tools, or other online systems.

Such tools are provided “as is” and “as available.”

Users agree not to:

Scrape, copy, or reverse engineer any platform;
Reproduce curated product catalogs;
Interfere with system security or operations.

Company does not guarantee uninterrupted or error-free platform performance.

9. Intellectual Property

9.1 Client Materials

Client represents that it holds all rights to artwork, trademarks, logos, and materials submitted for production.

Client agrees to indemnify Company against claims arising from Client-provided materials.

9.2 Company Materials

All website content, curated catalogs, merchandising systems, processes, and digital tools remain Company property and may not be reproduced without written consent.

9.3 Portfolio Use

Unless otherwise agreed in writing, Company may reference non-confidential projects for marketing purposes.

10. Sustainability & Supplier Representations

Company partners with suppliers that may hold certifications such as B Corp, EcoVadis, Women-Owned, Diverse-Owned, FSC, or similar.

Such certifications are issued by third parties and may change. Company does not independently guarantee ongoing certification status.

Sustainability or impact statements are based on supplier representations and industry data and are not guarantees of specific environmental outcomes.

11. Disclaimer of Warranties

Products and Services are provided “as is” and “as available,” except as expressly stated in writing.

Company disclaims all implied warranties, including merchantability and fitness for a particular purpose.

12. Limitation of Liability

To the fullest extent permitted by law:

Company’s total liability for any claim arising from a specific order shall not exceed the amount paid for that order.

Company shall not be liable for indirect, incidental, special, punitive, or consequential damages, including lost profits or business interruption.

13. Indemnification

Client agrees to indemnify and hold harmless Company from claims arising from:

Client-provided materials;
Misuse of products;
Regulatory violations related to product distribution;
Breach of these Terms.

14. Force Majeure

Company shall not be liable for delays or failures caused by events beyond reasonable control, including supply chain disruptions, labor shortages, natural disasters, carrier delays, or governmental actions.

15. Governing Law

These Terms shall be governed by the laws of the State of Wisconsin.

Any disputes shall be resolved in courts located in Waukesha County, Wisconsin, unless otherwise agreed in writing.

16. Changes to Terms

Company reserves the right to update these Terms at any time. The version in effect at the time of order acceptance shall apply.

17. Contact Information

Straight Up Inc.
Tera Van As (CEO) - tera@madebykept.com

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Privacy Policy

Effective Date: February 26, 2026

This Privacy Policy describes how Straight Up Inc. (“Company,” “we,” “us,” or “our”), which operates under the brand name Kept and Keepers Collective, collects, uses, discloses, and protects personal information in connection with our websites, storefronts, ordering portals, pop-up shops, campaign stores, enterprise integrations, digital tools, and related services (collectively, the “Services”).

By accessing or using our Services, you agree to this Privacy Policy.

1. Information We Collect

We may collect the following categories of information:

1.1 Information You Provide Directly

Name
Email address
Phone number
Billing and shipping address
Company or organization name
Order details
Payment information (processed by third-party payment providers)
Communications and feedback

1.2 Information Collected Automatically

When you use our website or storefronts, we may automatically collect:

IP address
Device type
Browser type
Operating system
Pages visited
Referral URLs
Cookies and tracking data

1.3 Information from Enterprise Clients

In certain storefront or employee-store programs, we may receive limited information from sponsoring organizations, such as:

Employee identifiers
Store credit allocations
Program eligibility data

We use this information solely to administer the applicable program.

2. How We Use Information

We use collected information to:

Process and fulfill orders
Administer storefronts and campaign programs
Provide customer service and support
Communicate regarding orders and services
Process payments
Improve our Services and user experience
Prevent fraud and unauthorized transactions
Comply with legal obligations

We do not sell personal information.

3. Payment Processing

Payments made through our storefronts may be processed by third-party payment processors, including credit card processors and digital payment platforms.

We do not store full credit card numbers on our servers. Payment information is handled directly by secure third-party providers in accordance with their privacy and security policies.

4. Cookies & Tracking Technologies

We use cookies and similar technologies to:

Enable website functionality
Maintain shopping carts
Analyze site performance
Improve user experience

You may control cookies through your browser settings. Disabling cookies may impact site functionality.

5. Sharing of Information

We may share personal information with:

Payment processors
Shipping carriers
Fulfillment partners
Technology service providers
Analytics providers
Professional advisors (legal, accounting)
Enterprise client sponsors (where necessary to administer a sponsored storefront program)

We require service providers to use information only as necessary to provide services to us.

We may also disclose information if required by law or to protect our legal rights.

6. Data Retention

We retain personal information only as long as necessary to:

Fulfill orders and services
Comply with legal, tax, and accounting obligations
Resolve disputes
Enforce agreements

Retention periods may vary depending on the nature of the data and legal requirements.

7. Data Security

We implement reasonable administrative, technical, and physical safeguards designed to protect personal information.

However, no system can be guaranteed to be completely secure, and we cannot ensure absolute security.

8. Your Privacy Rights

Depending on your location, you may have rights under applicable privacy laws, including the right to:

Request access to personal information we hold about you
Request correction of inaccurate information
Request deletion of personal information
Request information about how your data is used

To exercise these rights, please contact us at the email listed below.

We will respond in accordance with applicable law.

9. California Privacy Notice

If you are a California resident, you may have rights under the California Consumer Privacy Act (CCPA), including the right to request disclosure of the categories of personal information collected and the right to request deletion of certain information.

We do not sell personal information.

Requests may be submitted using the contact information below.

10. Children’s Privacy

Our Services are not directed to children under 13. We do not knowingly collect personal information from children under 13.

11. Third-Party Links

Our Services may contain links to third-party websites. We are not responsible for the privacy practices of third-party sites.

12. International Users

If you access our Services from outside the United States, your information may be transferred to and processed in the United States.

13. Changes to This Policy

We may update this Privacy Policy from time to time. The updated version will be posted with a revised Effective Date.

Your continued use of the Services after updates constitutes acceptance of the revised policy.

14. Contact Information

If you have questions about this Privacy Policy or wish to exercise privacy rights, please contact:

Straight Up Inc.
Operating under the brand names Kept and Keepers Collective
Tera Van As (CEO) - tera@madebykept.com

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