Terms and Conditions

1. Introduction

Website and Service Description

Our website serves as a resource for information regarding Kinity. Additionally, users can create an account by signing up or logging in to get directed to their dashboard. There, they can access our story planner tool, which prompts users to respond to a series of questions. Upon providing responses and selecting the "write the story" option, users can view, edit, and download their story in the editor. Users must accept our terms and conditions when signing up for our tools.


Agreement Acceptance

Users consent to adhere to the stipulated terms and conditions using our story planner tool.


2. User Registration and Accounts

Eligibility

Our services are available to all individuals without age restrictions and for private use. However, we advise that minors should obtain parental consent before registering.


Account Creation and Security

Users can initiate the creation process by entering their email address in the specified field and setting up a unique password. They will receive an email to confirm their account and can log in. This process is designed to be straightforward and secure, ensuring easy access to our services. Users are responsible for generating strong passwords and maintaining their confidentiality.


Termination

While our platform is intended for personal enjoyment and creative expression, we reserve the right to suspend or terminate accounts if they are used for commercial purposes or if the content generated is found to be offensive, as further specified under the section "user conduct". We prioritise a safe and respectful environment for all users and will take necessary actions to uphold these standards.


3. Privacy Policy

Please see our privacy policy for more information on how we collect, use, and protect your personal data.


Data Collection Practices

For Newsletter Subscriptions

When you sign up for our newsletter, we collect your email address and name. We send our newsletter monthly to keep you updated and informed about our latest news and offerings.

For Account Creation and Story Planner Tool Usage

We collect your email address when you create an account and utilise our tools. This information and the stories you create are securely stored in our database. The database is essential for providing our services, enabling you to access, edit, and download your stories.


Data Usage Practices

Email Communication

The email address provided for newsletter subscriptions is used to send you newsletters and updates from Kinity. This lets us inform you about what's new and upcoming with our services.

Service Improvement

Email addresses collected during account creation are essential to providing our services. When users create stories with our tool, we analyse them to enhance and improve our service offerings. If users include personal data in the story planner form, it may feature in the created story. When analysing stories to improve our tool, we will redact personally identifiable information to protect your anonymity by redacting them before analysing the story.


Security Measures and Limited Sharing

We employ robust security measures to protect your personal data against unauthorised access or disclosure. Our commitment to your privacy means we take the confidentiality and integrity of your information seriously. Your personal data is shared only in specific, necessary circumstances, such as complying with legal obligations. We are committed to ensuring that data is shared with the utmost care and responsibility. Your stories will never be shared without your consent unless we are under a legal obligation to do so.


GDPR Compliance

We adhere to the General Data Protection Regulation (GDPR), upholding your privacy and data protection rights.


Deletion of Accounts Upon Request

In accordance with the General Data Protection Regulation (GDPR) and our commitment to your privacy rights, we will delete your account and associated personal data upon request. We understand the importance of giving you control over your personal information and are committed to facilitating this process promptly and efficiently. Until the functionality is available on the Kinity platform, please email [email protected] to delete your account.

Retention of Stories for Service Improvement

While we respect your decision to delete your account, we retain the stories created on our platform in an anonymous form. This means that once your account is deleted, any identifying information is removed from the stories, and they are retained solely to improve our services. This practice allows us to improve our services and enhance the user experience, develop new features, and refine our story planner tool.

Compliance and Best Practices

Our data retention practices comply with GDPR and are guided by data minimisation and purpose limitation principles. We retain personal data only as long as necessary to fulfil the purposes for which it was collected, including providing our services, compliance with legal obligations, and resolution of disputes.

Security and Anonymization

The security of your data is a top priority. In retaining stories for service improvement, we implement measures to ensure the anonymisation and protection of the data by redacting personally identifyable data. This approach ensures that the stories cannot be linked back to any individual once the account is deleted, safeguarding your privacy while allowing us to improve our offerings continuously.

Your Rights and Choices

We are dedicated to upholding your rights under GDPR, including the right to be forgotten. You have the right to request the deletion of your account and personal data at any time. Upon such a request, we will take immediate steps to comply while ensuring that any retained data is strictly anonymised and used in a way that contributes positively to the user experience on our platform.


Cookies and Tracking

We use essential third-party cookies to ensure our services run securely and seamlessly. These parties include Supabase, Vercel, Cloudflare and Centry. By agreeing to our terms and conditions, you agree to the cookies and tracking software we rely on to provide our services.


4. User Conduct

Acceptable Use

Users are encouraged to use our services to create, edit, and download stories, documenting and preserving family stories, personal memories, and experiences that matter to them. We support the use of our story planner tool for personal purposes. Our goal is to provide a tool that assists in writing down and sharing family stories, allowing users to connect and share meaningful narratives within their circles. Downloaded stories in PDF form may be shared so long the Kinity logo is retained on the story.


Prohibited Content and Use

The use of our story planner for commercial purposes is not accepted. Our platform is designed for personal use, focusing on sharing and documenting stories rather than using it for commercial or business-oriented activities. We strictly prohibit creating and distributing content that is offensive, harmful or violates any laws or community standards. This includes, but is not limited to, content that is defamatory, obscene, abusive, or promotes hate speech.


Ensuring a Positive Environment

Our commitment to maintaining a safe and positive environment for storytelling is paramount. We reserve the right to take appropriate actions, including removing content or suspending accounts, against users who violate these guidelines. Adhering to these rules creates a respectful and creative community where personal stories can flourish. Please report any concern about use that violates these terms to [email protected].


5. Intellectual Property

Ownership of Content

Users who create stories using the Kinity story planner retain content ownership. This means that you, as a user, hold the intellectual property rights to the stories you make on our platform. Please see section 4 for acceptable use of our tool and downloaded stories.


Licensing to Kinity

By agreeing to our terms and conditions, users grant Kinity Ltd. a license to use the stories created on our platform for any commercial activity. This licensing arrangement enables us to utilise these stories to improve our services.

Purpose of Use

The license allows Kinity to use user-created stories in a manner that helps us to enhance and refine our offerings. This may include, but is not limited to, analysing story patterns, improving our algorithms, and developing new features that benefit our user community.

Mutual Benefit

The licensing back of stories to Kinity Ltd. is intended to create a reciprocal relationship where users benefit from enhanced services due to their contributions. Our goal is to continuously improve the story planner tool, ensuring it meets the needs and expectations of our community.

Anonymity and Respect

In using the licensed content for service improvement, Kinity is committed to maintaining the anonymity of the stories and respecting the privacy of our users. Any use of user-created content will be conducted in a manner that is respectful of your rights and does not disclose personal information.


6. Payment and Billing

As of March 2024, we offer our services without charge. However, this is subject to change.


7. Dispute Resolution

We first urge direct contact with our support team to address disputes ([email protected]). Failing this, mediation or arbitration may be suggested via a recognised UK ADR body. Disputes unresolved at this stage may require binding arbitration in the UK under the Chartered Institute of Arbitrators (CIArb) rules. This arbitration agreement allows for a 30-day opt-out period post-acceptance of these terms. Disputes will be governed by English and Welsh law, with any arbitration in English. You agree to individual dispute resolution, waiving any class action rights. Claims must be brought within one year of emergence.


8. Limitation of Liability

Whilst we do our best to ensure the produced content of our story planner is safe for children of all ages, it is outside of our responsibility to approve the age appropriateness of the stories a user is producing. The responsibility rests with the user of our tool.


General Limitation

To the fullest extent permitted by law, Kinity Ltd. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the services; (b) any conduct or content of any third party on the services; (c) any content obtained from the services; and (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, without regard to whether Kinity Ltd. has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.


Warranty Disclaimer

The services are provided on an &quoat;as is&quoat; and &quoat;as available&quoat; basis. Kinity Ltd. and its affiliates expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the foregoing, Kinity Ltd. and its affiliates do not warrant that the services will meet your requirements; that the services will be uninterrupted, timely, secure, or error-free; or that the results that may be obtained from the use of the services will be accurate or reliable.


Cap on Liability

Notwithstanding any other provision of these terms, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to £100. This does not exclude or limit in any way our liability to you where it would be unlawful to do so, including liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.


Indemnification

You agree to indemnify, defend, and hold harmless Kinity Ltd., its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Kinity platform, including, but not limited to, your User Contributions, any use of the Kinity platform's content, services, and products other than as expressly authorised in these Terms and Conditions, or your use of any information obtained from the Kinity platform. This indemnification obligation will survive the termination of your account and your use of the Kinity platform. At our own expense, we reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you. In this event, you will cooperate with us in asserting any available defences.


Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations under these Terms and Conditions where such failure or delay results from any cause beyond that party's reasonable control. Such causes include, but are not limited to, power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism or war, governmental action, or any other event that is beyond the control of the party affected in the UK jurisdiction. If a force majeure event occurs, the affected party shall notify the other party as soon as reasonably possible and make all reasonable efforts to minimise its effects. Should the force majeure event continue for more than 28 days, either party may terminate the agreement upon written notice to the other party without any liability except for the provisions intended to survive termination.


9. Termination and Suspension

Users have the right to terminate their agreement at any time. Kinity reserves the right to terminate or suspend user accounts when users breach the acceptable use policy.


10. Changes to Terms and Conditions

Changes to our terms and conditions will be communicated via email, summarising the modifications and including a link to the comprehensive updated terms.


11. Miscellaneous

If any part of the terms is found unenforceable, the rest remains in effect. The terms and conditions constitute the entire agreement between the parties.


12. Contact Information

If you have any questions, reach out to [email protected].


13. Effective Date

1 April 2024