Terms of Service

1. The agreement

These Terms of Service (the “Terms”) are a binding agreement between you and the operator of the Kindal service (“Kindal”, “we”, “us”). They govern your access to and use of the Kindal website at https://kindal.ai, the application at https://app.kindal.ai, the related APIs, feeds, bots, emails and any other service we provide (together, the “Service”).

By creating an account, clicking “Continue”, or using the Service in any way, you accept these Terms and our Privacy Policy, which is part of this agreement. If you do not agree, do not use the Service.

If you use the Service on behalf of a company or another legal entity, you represent that you have the authority to bind that entity, and “you” refers to that entity. Any negotiated order form or written agreement signed by us prevails over these Terms where they conflict.

2. Eligibility and accounts

You must be at least 18 years old and able to enter into a binding contract to use the Service. The Service is not directed to children, and we do not knowingly allow anyone under 18 to hold an account.

Accounts are passwordless: you sign in with a one-time code sent to your email address. You are responsible for keeping that mailbox secure, for every action taken through your account, and for telling us promptly at hello@kindal.ai if you suspect unauthorised access. You must give us accurate information and keep it current. One person may not hold multiple free accounts, and an account may not be shared, sold or transferred.

We may refuse, suspend or close an account at our reasonable discretion, including for breach of these Terms, suspected fraud or abuse, legal risk, or extended inactivity.

3. What the Service does

Kindal reads the public sources you choose (websites, feeds, social accounts, video transcripts, datasets and similar), writes briefs from them, answers your questions about them, drafts content (posts, threads, articles, newsletters, carousels, audio, video and other formats) from those briefs, and can schedule or publish that content to third-party platforms you connect, such as X and LinkedIn. It can also watch platforms for posts worth replying to and draft the replies.

The Service is built on machine-learning models. Its output is generated automatically, may be incomplete, out of date, biased or wrong, and may sometimes state things confidently that are not true. You are solely responsible for reviewing everything the Service produces before you rely on it or publish it, whether you review it by hand or choose to let an automation publish without review.

Nothing in the Service is professional advice. Briefs, market and company pages, trackers, insight cards and Analyst answers are information tools only. They are not financial, investment, legal, medical, tax or other professional advice, and they are not a recommendation to buy, sell or hold any security, commodity or other instrument. Do not make decisions on them without independent verification and, where appropriate, professional advice.

4. Plans, trials, billing and cancellation

The Service is offered as a subscription in the plans described on our pricing page. Each plan comes with limits (for example, how many topics you follow, how often briefs refresh, how much content, how many posts, podcasts, scans or Analyst messages per month). Limits are described on the pricing page and in your account settings, and we may enforce them technically. We may change plans, prices and limits for future billing periods with at least 30 days’ notice by email or in the app; the change applies when your next billing period starts.

Billing. Prices are in US dollars and exclude taxes unless stated otherwise. Subscriptions renew automatically at the end of each billing period (monthly or yearly, as you chose) until you cancel. By subscribing you authorise us and our payment processor to charge your payment method for each period, plus any applicable taxes. If a payment fails, we may retry, downgrade you to a free tier, restrict features or suspend the account until it is paid.

Free trials and free tiers. Where we offer a free trial, it converts to a paid subscription at the end of the trial unless you cancel before then. We may change or withdraw free trials and free tiers at any time.

Cancellation and refunds. You can cancel at any time in your account settings. Cancellation takes effect at the end of the current billing period; you keep access until then and are not charged again. Except where the law requires otherwise, fees are non-refundable and we do not give refunds or credits for partial periods, unused limits, downgrades, or periods in which you did not use the Service. If you are a consumer in the European Union or the United Kingdom, you have a 14-day right of withdrawal from a distance contract; by starting to use a paid plan immediately you expressly request performance during that period and acknowledge that you lose the right of withdrawal once the Service has been fully performed, and that you owe a proportionate amount for the Service used before you withdraw.

Chargebacks. If you dispute a charge with your bank rather than contacting us first, we may suspend the account while the dispute is open and may close it if the dispute is resolved in our favour.

5. Acceptable use

You agree not to, and not to let anyone else, use the Service to:

• break any law, regulation or third-party right, including intellectual property, privacy, publicity and data-protection rights;
• publish or distribute content that is defamatory, fraudulent, deceptive, harassing, hateful, sexually explicit, violent, or that promotes illegal activity;
• spam, run coordinated inauthentic behaviour, manipulate engagement, impersonate anyone, or otherwise breach the rules of any platform you connect, including the X and LinkedIn terms and developer policies;
• follow, monitor or profile private individuals, or use the Service for surveillance, discrimination, or to make decisions with legal or similarly significant effects on people;
• upload malware, probe or breach our security, scrape or bulk-extract the Service or its output, overload our infrastructure, or bypass limits, rate limits or feature gates;
• resell, sublicense, white-label or offer the Service to third parties as your own product without our written agreement;
• use the Service or its output to train, fine-tune or benchmark a competing model or product, or to build a competing service;
• reverse-engineer, decompile or attempt to extract the source code, prompts or models behind the Service, except where the law expressly allows it.

We may investigate suspected violations, remove content, throttle or suspend accounts, and cooperate with law enforcement. We have no obligation to monitor your use, but we may do so to operate and protect the Service.

6. Your content and output

Your input means everything you add to the Service: the topics, sources, keywords, accounts, instructions, brand assets, uploaded files, questions and edits. Output means what the Service generates for you: briefs, answers, drafts, images, audio, video and replies. You keep all rights you have in your input. As between you and us, and to the extent permitted by law, we assign to you all our rights in the output, and you may use it for any purpose, subject to these Terms and to third-party rights it may contain.

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, reproduce, adapt, transmit and display your input and output, and to send them to the AI, hosting, email, messaging and platform providers we use, solely as needed to provide, secure, support and improve the Service and to comply with the law. This licence ends when you delete the content or close your account, except for copies kept in routine backups for a limited time or as the law requires.

You represent and warrant that you have all rights, consents and permissions needed for your input and for what you do with the output, and that neither infringes or misappropriates any third-party right or breaches any law or platform rule. Because the models produce output from statistical patterns, similar output may be generated for other users; output is not exclusive to you and we make no promise that it is original, non-infringing, or free of third-party material.

Third-party sources. Briefs and drafts summarise, quote and link to sources you chose. Those sources belong to their owners. You are responsible for choosing sources you are entitled to read and for using output in a way that respects the source owners’ rights, including attribution where it is due. The Service does not give you any right in the underlying sources.

7. Connected platforms and publishing on your behalf

When you connect X, LinkedIn, Telegram, Slack or another platform, you authorise us to access that account through its official interfaces and, where you enable it, to post, schedule, reply, quote or repost on your behalf and in your name, including automatically without a further review by you if you configure an automation that way. Everything published through your account is your publication: you are its author and you bear full responsibility for it, including compliance with that platform’s rules.

Those platforms are not under our control. They change their interfaces, limits, prices and policies without notice, may refuse or delay posts, suspend accounts, or block features (for example, replies through the API). We do not guarantee that publishing, scheduling, scanning or reading from any platform will work at a given time, and we are not liable for anything a platform does to your account, your posts or your data. Use of a connected platform is governed by its own terms. You can disconnect a platform at any time in your settings, which revokes the tokens we hold.

8. Our intellectual property

The Service, including its software, design, prompts, models and model configurations, source catalogues, curated collections, documentation, and the Kindal name, logo and marks, are owned by us or our licensors and are protected by intellectual-property laws. Except for the limited right to use the Service under these Terms, we grant you no rights. Feedback you give us may be used freely and without obligation.

9. Availability, changes and beta features

We work to keep the Service available, but we do not promise uninterrupted or error-free operation. We may modify, suspend or discontinue any part of the Service, including sources, formats, connectors, models and features, at any time. Features marked beta, preview or experimental are provided as-is, may change or disappear, and may be less reliable. We may set and change technical limits (such as sources per topic, items per brief, requests per minute, scans per day) to protect the Service and its cost base.

10. Termination

You may close your account at any time from your settings or by writing to hello@kindal.ai. We may suspend or terminate your access immediately, with or without notice, if you breach these Terms, if we are required to by law, if your use creates risk or liability for us, or if we discontinue the Service. On termination your right to use the Service ends, and we will delete or anonymise your data as described in the Privacy Policy. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnity, governing law) survive.

11. Disclaimer of warranties

To the maximum extent permitted by law, the Service and all output are provided “as is” and “as available”, without warranty of any kind, express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness or timeliness. We do not warrant that the Service will meet your requirements, that output will be accurate, reliable, lawful or suitable for publication, that sources will remain available, or that any platform will accept what you publish. You use the Service and its output at your own risk. Some jurisdictions do not allow some of these exclusions; in that case they apply to the fullest extent permitted.

12. Limitation of liability

To the maximum extent permitted by law, we and our directors, employees, contractors and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, data, business or opportunity, or for the cost of substitute services, arising out of or relating to these Terms or the Service, however caused and under any theory of liability, even if we were advised of the possibility of such damages.

Our total aggregate liability for all claims arising out of or relating to these Terms or the Service is limited to the greater of (a) the amount you paid us for the Service in the twelve months before the event giving rise to the claim and (b) one hundred US dollars (USD 100).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for gross negligence or wilful misconduct where such limitation is not permitted. If you are a consumer, your statutory rights are not affected.

13. Indemnification

You will defend, indemnify and hold harmless us and our directors, employees, contractors and suppliers from and against all claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to (a) your input, your output as used or published by you, or anything published through a platform connected to your account; (b) your breach of these Terms or of any law or third-party right; or (c) your use of the Service on behalf of others. We may take over the defence of any matter subject to indemnification, and you will cooperate with us.

14. Copyright and content complaints

If you believe content available through the Service infringes your copyright or other rights, write to hello@kindal.ai with: your name and contact details; a description of the work and of the material you claim is infringing, with enough detail for us to find it; a statement that you believe in good faith that the use is not authorised; a statement, under penalty of perjury where applicable, that the information is accurate and that you are the owner or authorised to act for the owner; and your physical or electronic signature. We will remove or disable access to material where appropriate and may terminate repeat infringers.

15. Changes to these Terms

We may update these Terms. For material changes we will give at least 15 days’ notice by email or in the app before they take effect, except where a change is required by law or concerns a new feature, in which case it may take effect immediately. The “Effective” date at the top shows the current version. If you keep using the Service after a change takes effect, you accept the updated Terms; if you do not agree, close your account before that date.

16. Governing law and disputes

These Terms and any dispute arising out of or in connection with them or the Service are governed by the laws of the country in which Kindal is established, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. The courts of the place where Kindal has its seat have exclusive jurisdiction, and you and we submit to that jurisdiction, except that we may seek injunctive relief in any competent court. If you are a consumer, you also benefit from any mandatory protections and forum rights of the country where you live, and you may use the European Commission’s online dispute-resolution platform where applicable.

Before starting any proceeding, you agree to write to hello@kindal.ai describing the dispute and to try in good faith to resolve it with us for 30 days. Any claim must be brought within one year after it arose, where the law allows such a limit.

17. General

These Terms, the Privacy Policy and any order form are the entire agreement between you and us about the Service and replace any earlier agreement. If a provision is found invalid or unenforceable, it will be enforced to the maximum extent permitted and the rest remains in force. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them to an affiliate or in connection with a merger, acquisition or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control, including outages of hosting, model, email or platform providers. Nothing in these Terms creates a partnership, agency or employment relationship. Notices to you may be sent to the email address on your account; notices to us go to hello@kindal.ai. These Terms are written in English; any translation is for convenience and the English version prevails.

18. Contact

Kindal
hello@kindal.ai