1. Who These Terms Apply To
These Terms apply to:
- Schools, colleges, universities, and other educational institutions that subscribe to Kinnly as customers ("School Customers")
- Staff, teachers, students, parents, and other individuals who use Kinnly through their school ("End Users")
- Visitors to our website at kinnly.ai
- Anyone who books a demo, applies to be a founding partner, or otherwise interacts with us
When we refer to "you" in these Terms, we mean any of the above. When we refer to "Kinnly," "we," "us," or "our," we mean Kinnly, Inc., a Delaware corporation.
2. Acceptance of Terms
You accept these Terms when you do any of the following: sign a subscription agreement with us as a School Customer, create an account on Kinnly as an End User, submit a demo request or founding partner application, or use any Kinnly service or feature.
If you accept these Terms on behalf of a school or organization, you confirm that you have authority to bind that school or organization. If you are under the age of 18 (or the age of legal majority in your jurisdiction), you may use Kinnly only through your school and only with the consent of your parent or legal guardian.
If you do not agree with these Terms, do not use Kinnly.
3. The Service We Provide
Kinnly is a school community platform. We provide software that schools use to manage operations, communicate with their communities, and run their academic programs.
3.1 Service availability — We provide Kinnly on a continuous basis, subject to scheduled maintenance and reasonable downtime. We work hard to minimize disruptions and aim for high availability, but we do not guarantee uninterrupted access. Specific uptime commitments, if any, are set out in the subscription agreement.
3.2 Service evolution — We may add, modify, or remove features over time. Material changes that significantly affect School Customers will be communicated in advance.
3.3 Beta and experimental features — From time to time, we may make beta or experimental features available. These features are clearly labeled and provided 'as is,' without warranty.
3.4 AI features — Kinnly includes artificial intelligence features such as our exam generation engine. AI output may contain errors, inaccuracies, or content that requires human review before use. Teachers, administrators, and other users are responsible for reviewing and approving AI-generated content before it is shared with students or used in formal academic contexts. We do not warrant the accuracy, completeness, or fitness for purpose of AI-generated content.
4. Account Responsibilities
4.1 School Customer responsibilities — You manage your school's account, including configuring features, setting permissions, and managing the staff accounts. You are responsible for the data you upload, for obtaining appropriate consents from parents, students, and staff under applicable law, for paying subscription fees on time, and for using Kinnly in compliance with applicable laws. You are the data controller. We act as your data processor.
4.2 End User responsibilities — Keep your login credentials confidential. Do not share your password with anyone, including family members, classmates, or colleagues. Each account is for one person. Do not allow others to use your account. You must use Kinnly only for the purposes your school has authorized. You must not attempt to access data or features beyond what your school has granted. You must not use Kinnly to bully, harass, threaten, or impersonate any other user.
4.3 Children and parental consent — Kinnly is designed for educational use and is regularly used by children under the age of 18. Children may use Kinnly only through their school as End Users, with the consent of their school and, where required by applicable law, with verifiable parental consent. Parents and guardians may contact their school to manage their child's use of Kinnly.
4.4 Account security — We take reasonable technical and organizational measures to protect accounts. However, you are responsible for the security of your devices, your network connection, and your credentials.
5. Subscription and Billing
This section applies to School Customers.
5.1 Subscription terms — Kinnly subscriptions are sold on annual contracts. School Customers may pay monthly, quarterly, or annually upfront.
5.2 Pricing — Pricing depends on factors including the number of students enrolled and the country in which the school operates. Pricing is locked for the contract term.
5.3 Renewal — Subscriptions renew automatically unless either party provides written notice of non-renewal at least 60 days before the renewal date. Pricing at renewal may increase by up to 5 percent annually. School Customers will be notified at least 60 days before any renewal price change.
5.4 Setup fees — A one-time setup fee applies to new subscriptions, as set out in the subscription agreement. Setup fees may be waived for founding partner schools.
5.5 Late payment — If a subscription payment is overdue by more than 14 days, we may suspend access after providing written notice. Extended non-payment beyond 60 days may result in termination.
5.6 Refunds — Subscription fees are non-refundable except where required by applicable law or expressly agreed.
5.7 Taxes — Pricing does not include taxes. School Customers are responsible for any applicable taxes on the subscription.
6. Acceptable Use
You agree not to use Kinnly to:
- Violate any applicable law or regulation
- Infringe the intellectual property rights, privacy rights, or other rights of any person
- Upload harmful content, including content that is unlawful, threatening, harassing, defamatory, obscene, hateful, or harmful to children
- Bully, intimidate, or harass other users, particularly other students
- Upload viruses, malware, or other harmful code
- Attempt to gain unauthorized access to Kinnly systems, accounts, or data
- Reverse engineer, decompile, or extract source code from Kinnly except as expressly permitted by law
- Use automated tools to scrape or extract data from Kinnly without our written permission
- Resell, sublicense, or commercialize access to Kinnly without our written permission
- Use Kinnly to send unsolicited communications or spam
- Impersonate any person or misrepresent your affiliation
- Use Kinnly in a way that could disable, overburden, or impair our infrastructure
- Use Kinnly to violate economic sanctions, export controls, or anti-money-laundering laws
For minor violations, we will provide notice and a reasonable opportunity to remedy. For serious violations, we may suspend or terminate access immediately.
7. Intellectual Property
7.1 Kinnly's intellectual property — Kinnly, the Kinnly logo, the platform software, and all related materials are owned by Kinnly, Inc. and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use Kinnly during the subscription term.
7.2 Your data — You own the data you upload to Kinnly. You grant us a limited license to host, store, process, and transmit your data solely for the purpose of providing the service. We do not claim ownership of your data, and we do not sell or commercialize it.
7.3 Feedback — If you provide us with feedback, suggestions, or ideas about Kinnly, we may use that feedback to improve our products without obligation to you.
7.4 Founding partner content — If you are a founding partner school, separate terms apply to case study content, reference calls, and similar engagements.
8. Confidentiality
Each party may receive confidential information from the other. Both parties agree to keep confidential information confidential, use it only for the purposes of the agreement, and apply the same level of care to protect it. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
9. Termination
9.1 Termination by School Customer — School Customers may terminate per the terms of the subscription agreement, typically by providing written notice at least 60 days before the renewal date.
9.2 Termination by Kinnly — We may suspend or terminate access if a School Customer fails to pay subscription fees after appropriate notice, a user violates Section 6, we are required to do so by law, or we discontinue the service (with at least 90 days advance notice for paying School Customers).
9.3 Effect of termination — When a subscription ends, the School Customer has 30 days to export their data. After the export window, we will delete or anonymize school data within a reasonable additional time, typically within 60 days, except where retention is required by law. Provisions that by their nature should survive termination (intellectual property, confidentiality, limitation of liability, indemnification, dispute resolution) will continue to apply.
10. Disclaimers
We provide Kinnly on an 'as is' and 'as available' basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.
We do not warrant that Kinnly will be uninterrupted, error-free, or completely secure, that defects will be corrected immediately, that Kinnly will meet your specific requirements, or that results obtained from using Kinnly (including from AI features) will be accurate, reliable, or fit for any particular purpose.
We are not responsible for content uploaded by School Customers or End Users, except as required by applicable law.
11. Limitation of Liability
To the maximum extent permitted by applicable law: we will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of revenue, loss of data, or business interruption. Our total aggregate liability to you for any and all claims arising from or related to these Terms or Kinnly will not exceed the total amount you paid us in the 12 months preceding the event giving rise to the claim, or USD 100 if you have not paid us anything. These limitations apply whether the claim is based on contract, tort, statute, or any other legal theory.
12. Indemnification
You agree to defend, indemnify, and hold harmless Kinnly, our affiliates, officers, directors, employees, and agents from any third-party claim, demand, loss, or damage arising from your violation of these Terms, your violation of any applicable law, your violation of any third-party right, or the data you upload to Kinnly.
13. Changes to These Terms
We may update these Terms from time to time. When we make material changes: we update the 'Last updated' date, we notify School Customers at least 30 days in advance, and we may display a notice on our website. Continued use of Kinnly after a change indicates acceptance of the updated Terms. If you do not agree with the changes, you may terminate your subscription per Section 9, and we will refund any prepaid fees for the unused portion of the current term.
14. Governing Law
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws principles. Where applicable mandatory consumer protection laws of your country provide stronger protections, those laws apply to the extent of the conflict.
15. Dispute Resolution
15.1 Initial resolution — If a dispute arises, both parties agree to attempt good-faith negotiation before pursuing other remedies. Contact us at kin@kinnly.ai to start a conversation. We will respond within 30 days.
15.2 Formal resolution — If a dispute cannot be resolved through negotiation within 60 days, it will be resolved through binding arbitration administered under the rules of a recognized international arbitration body, conducted in English, in a venue mutually agreed by the parties. If the parties cannot agree on a venue, arbitration will take place in Delaware, United States.
15.3 Class action waiver — To the maximum extent permitted by law, you and Kinnly agree that disputes will be resolved on an individual basis. You and Kinnly waive any right to bring or participate in a class action, collective action, or representative action.
15.4 Exceptions — Either party may seek injunctive relief in court for matters involving intellectual property infringement, breach of confidentiality, or violations that would cause irreparable harm.
16. Miscellaneous
16.1 Entire agreement — These Terms, together with any subscription agreement, founding partner agreement, data processing agreement, and the Privacy Policy, constitute the entire agreement between you and Kinnly.
16.2 Severability — If any provision is found unenforceable, the remaining provisions continue in full force.
16.3 No waiver — Our failure to enforce any right is not a waiver of that right.
16.4 Assignment — You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of assets.
16.5 Force majeure — Neither party is liable for delays or failures caused by events beyond reasonable control.
16.6 Notices — Notices to Kinnly should be sent to kin@kinnly.ai. Notices to you will be sent to the email address associated with your account.
16.7 Relationship — These Terms do not create a partnership, joint venture, employment, or agency relationship.
16.8 Export controls and sanctions — You confirm that you are not located in a country subject to comprehensive economic sanctions by the United States or other applicable jurisdictions, and that you are not on any restricted parties list.
17. Contact Us
Email: kin@kinnly.ai
Postal address:
Kinnly, Inc.
Delaware, United States