Terms of Service

Welcome to Kinfolio. These Terms of Service ("Terms") govern your access to and use of the Kinfolio application, website, and related services (collectively, the "Service"), operated by Trevitt Hendricks ("Kinfolio," "we," "us," or "our").

Please read these Terms carefully. By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. The Service

Kinfolio is a service that helps families capture, preserve, and share the life stories of their loved ones. The Service uses guided, AI-assisted conversations to record memories, organizes those memories into written narratives, and offers digital and printed keepsake books.

2. Eligibility

You must be at least 18 years old to create an account and use the Service. By using the Service, you represent that you are 18 or older and have the legal capacity to enter into these Terms.

The Service is intended for capturing the stories of consenting individuals. You are responsible for ensuring that any person whose stories you record ("Story Subject") is aware their stories are being captured, and that you have their permission to do so where required.

3. Your Account

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized use. You may sign in using third-party authentication (such as Google); your use of those services is subject to their respective terms.

4. Subscriptions (Kinfolio+)

Billing. Kinfolio+ is offered as a recurring subscription, billed monthly or annually at the prices displayed at the time of purchase. By subscribing, you authorize us (through our payment processor) to charge your payment method on a recurring basis until you cancel.

Auto-renewal. Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. The renewal charge will be at the then-current price for your plan.

Cancellation. You may cancel at any time through your account settings or the customer portal. Cancellation takes effect at the end of your current billing period. You will retain access to Kinfolio+ features until that period ends. We do not provide prorated refunds for partial billing periods unless required by law.

Price changes. We may change subscription prices. We will give you reasonable advance notice of any price change, and it will take effect on your next billing cycle after the notice period.

5. One-Time Purchases (Printed Books)

Orders. Printed books are sold as one-time purchases at the prices displayed at checkout. Prices include standard shipping to the destinations indicated; certain options (such as international shipping) may carry additional fees shown before purchase.

Fulfillment. Printed books are produced and shipped by a third-party print-on-demand provider. Production and delivery typically take approximately two to three weeks but are estimates, not guarantees, and may be affected by factors outside our control.

Custom/personalized goods. Because each book is custom-printed from your unique content, printed books are non-returnable and non-refundable except where the product arrives damaged, defective, or materially different from what was ordered. If you receive a damaged or defective book, contact us at kinfoliosupport@gmail.com within 14 days of delivery and we will arrange a reprint or refund.

Accuracy of order information. You are responsible for the accuracy of shipping addresses and order details. We are not responsible for orders delayed or lost due to incorrect information you provide.

6. Your Content

You own your content. The stories, responses, photos, and other materials you submit ("Your Content") remain yours. We do not claim ownership of Your Content.

License to operate the Service. You grant us a limited, non-exclusive, worldwide, royalty-free license to store, process, reproduce, and display Your Content solely as necessary to provide the Service to you — including transmitting it to the AI and fulfillment providers described in our Privacy Policy, generating narratives and books, and enabling features you choose to use (such as sharing).

Sharing feature. If you choose to generate a public share link or share card for a chapter, you authorize us to display that specific content on a publicly accessible page. You are responsible for deciding what to share. You can disable a share link at any time.

Responsibility for content. You represent that you have the right to submit Your Content and that it does not violate the rights of any third party or any law.

7. AI-Assisted Features

The Service uses artificial intelligence to conduct interviews, generate follow-up questions, and compose narratives from the responses provided. AI-generated narratives are produced automatically and may contain inaccuracies, paraphrasing, or interpretation. You are responsible for reviewing and, if desired, editing narratives before relying on them or ordering printed books. We do not warrant that AI-generated content will be accurate or error-free.

8. Acceptable Use

You agree not to use the Service to:

• Upload content that is unlawful, infringing, defamatory, or violates another person's privacy or rights;
• Capture a person's stories or likeness without appropriate consent;
• Attempt to gain unauthorized access to the Service, other accounts, or our systems;
• Interfere with or disrupt the Service;
• Use the Service for any unlawful or fraudulent purpose.

9. Intellectual Property

The Service itself — including its software, design, branding, and content we provide (but excluding Your Content) — is owned by us or our licensors and is protected by intellectual property laws. We grant you a limited, revocable, non-transferable license to use the Service for its intended purpose.

10. Third-Party Services

The Service relies on third-party providers for payment processing, print fulfillment, AI processing, authentication, and hosting. Your use of the Service may be subject to those providers' terms. We are not responsible for the acts or omissions of third-party providers.

11. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, that data will not be lost, or that AI-generated content will be accurate.

12. Limitation of Liability

To the maximum extent permitted by law, Trevitt Hendricks and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or goodwill, arising out of or related to your use of the Service.

To the maximum extent permitted by law, our total liability for any claim arising out of or related to the Service will not exceed the greater of (a) the amount you paid us in the twelve months preceding the claim, or (b) one hundred U.S. dollars ($100).

13. Indemnification

You agree to indemnify and hold harmless Trevitt Hendricks from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of Your Content, your use of the Service, or your violation of these Terms or the rights of any third party.

14. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the Service. Upon termination, your right to use the Service ceases. Provisions that by their nature should survive termination (such as ownership, disclaimers, and limitation of liability) will survive.

15. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice through the Service or by email. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

16. Governing Law

These Terms are governed by the laws of the State of Washington, without regard to its conflict-of-laws principles. Any dispute arising under these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in Whatcom County, Washington.

17. Contact

If you have questions about these Terms, contact us at:

Trevitt Hendricks
2628 Thornton Rd, Ferndale, WA 98248
kinfoliosupport@gmail.com