PLEASE READ THESE CUSTOMER TERMS OF SERVICE CAREFULLY.

These Terms of Service (“Agreement”) govern your use of Kithery, a personal relationship manager focused on a calendar & list of meaningful dates, a people directory with relationship tiers/types, a collaborative family tree, a private journal, and profile preferences (collectively, the “Services”). By creating an account or using the Services, you agree to this Agreement.

• General Terms: Core legal and commercial terms that apply to your use of the Services. References to “Master Terms” mean these General Terms.
• Product Specific Terms: Additional terms for Kithery-specific features like the Family Tree, Calendar & Reminders, Journal, and Collaboration.
• Jurisdiction Specific Terms: Depending on your location, certain terms, contracting entity info, and governing law may apply.
• Data Processing Agreement (DPA): Describes how we process personal data on your behalf and includes standard transfer mechanisms where applicable.
• Acceptable Use Policy (AUP): What you can and can’t do while using the Services.

We may update these terms from time to time. If you have an active account, we will notify you via in-app notice or email (if you opt in).

The Services are provided by Kithery. Contact us at support@kithery.com.

General Terms

1. DEFINITIONS

• Account: Your registered profile to access the Services.
• Affiliate: An entity controlling, controlled by, or under common control with a party (control meaning >50% voting interests).
• Agreement: These General Terms and materials referenced here (Product Specific Terms, AUP, DPA, and Jurisdiction Specific Terms).
• Customer Data: Information you submit or collect through the Services, including people/contacts, relationship tiers, dates (e.g., birthdays, anniversaries, holidays), family relationships, journal entries, and profile preferences. Customer Data does not include Kithery Content.
• Kithery Content: Information, text, software, images, and other content we make available within the Services.
• Free Services: Any Service made available at no charge (including the freemium tier).
• Personal Data: Any information relating to an identified or identifiable individual contained in Customer Data.
• Third-Party Products: Non-embedded products/services provided by third parties that interoperate with or are used in connection with the Services (e.g., calendars, contacts).
• Users: Individuals you authorize to access your account (e.g., you, a partner, or family collaborator).

2. USE OF SERVICES

2.1 Access.

During your use of the Services, we grant you a non-exclusive, non-transferable right to access and use the Services in accordance with this Agreement. You are responsible for your Users’ compliance with this Agreement and for maintaining the security of credentials. Notify us promptly of any unauthorized use at support@kithery.com.

2.2 Additional Features.

You may enable additional features or integrations within the Services. Additional terms may apply to those features and Third-Party Products.

2.3 Availability and Uptime.

We use commercially reasonable efforts to provide reliable Services. Free Services do not include a service-level commitment. See “Service Uptime Commitment” in the Product Specific Terms for more detail.

2.4 Limits.

We may set or adjust reasonable technical and usage limits (e.g., storage, collaborators, or shared trees) to protect the stability of the Services. You must be at least 16 years of age to create an account. The Services are not directed to children under 13, and you may not create accounts for children under 13.

2.5 Modifications.

We may modify the Services by adding or removing features to improve your experience or security. If a change materially reduces core functionality, we will provide notice where feasible.

2.6 Customer Support.

For Free Services, support is provided on a best-effort basis via support@kithery.com.

2.7 Acceptable Use; Prohibited Use.

You agree to the AUP below. You will not: (i) use the Services for unlawful purposes or to infringe others’ rights; (ii) upload highly sensitive information (e.g., full financial account numbers, government IDs, precise health/medical records) not relevant to the Services; (iii) attempt to reverse engineer or misuse the Services; (iv) data scrape or mass-harvest others’ information without consent; (v) use the Services to send bulk or automated messages; or (vi) upload content without permission about people who object to being included. You are responsible for having permission to add others’ personal information (e.g., to a family tree) and honoring their requests to remove it.

2.8 Sensitive Data.

Do not store regulated or special-category data unless explicitly requested by the Services and permitted by law (e.g., exact health records, biometric templates). Kithery does not intend the Services to be used for HIPAA, GLBA, or other regulated workloads.

3. FEES

3.1 Current Pricing.

Kithery is currently offered as a Free Service while pricing tiers are being finalized. Paid plans may be introduced in the future; we will provide advance notice before any charges apply to your account. You will have the opportunity to review and accept pricing before upgrading or continuing on a paid plan.

3.2 Taxes.

If paid tiers are introduced, applicable taxes will be charged as required by law.

4. TERM AND TERMINATION

4.1 Term; Termination.

This Agreement remains in effect while you use the Services. Either party may terminate for material breach if uncured after thirty (30) days’ written notice. We may suspend or terminate your access immediately for violations of the AUP, risks to the Services or users, or unlawful activity.

4.2 Effect of Termination.

Upon termination, you must stop using the Services. For a reasonable period after termination, you may request an export of your Customer Data by contacting support@kithery.com. We may retain certain data as required by law or for legitimate business purposes as described in our Privacy Policy.

5. CUSTOMER DATA

5.1 Ownership.

You own and retain all rights to Customer Data. This Agreement does not grant us ownership of your Customer Data.

5.2 Our Use of Customer Data.

We process Customer Data solely to provide and maintain the Services, to secure and improve them, and as otherwise permitted by this Agreement. See the DPA for more detail where applicable.

5.3 Usage Data; Improvements; AI.

We may collect usage analytics to operate and enhance the Services. We may use de-identified or aggregated data to develop features (including suggestions or reminders). If we offer AI-assisted features, you are responsible for reviewing outputs; AI outputs may be inaccurate. Where required, you may opt-out of certain learning uses by contacting support@kithery.com.

5.4 Security; Privacy Policy.

We implement reasonable administrative, technical, and physical safeguards. For details, see our Privacy Policy at https://kithery.com/privacy and DPA below (if applicable to you).

6. INTELLECTUAL PROPERTY

The Services and Kithery Content are owned by Kithery and its licensors and are protected by copyright, trademark, and other laws. Except for the limited rights expressly granted, no rights are transferred to you.

Feedback is welcome and may be used by us without restriction or attribution.

7. CONFIDENTIALITY

Each party will protect the other’s Confidential Information using reasonable care and use it only to perform under this Agreement. Legal disclosures are permitted with notice where allowed.

8. PUBLICITY

Because Kithery is primarily a personal/family app, we will not publicly use your name, likeness, or family materials in marketing without your prior consent.

9. INDEMNIFICATION

You will indemnify and hold Kithery harmless from third-party claims arising from your unlawful use of the Services, your breach of this Agreement, or content you upload without rights or permissions.

10. DISCLAIMERS; LIMITATION OF LIABILITY

10.1 Disclaimer. EXCEPT AS REQUIRED BY LAW, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT REMINDERS OR NOTIFICATIONS WILL OCCUR ON ANY PARTICULAR SCHEDULE OR THAT OUTPUTS WILL BE ERROR-FREE.

10.2 No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR REVENUE, EVEN IF ADVISED OF THE POSSIBILITY.

10.3 Liability Cap. TO THE EXTENT PERMITTED BY LAW, Kithery’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) AMOUNTS PAID BY YOU TO Kithery (IF ANY) IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS ($100) FOR FREE-ONLY USERS.

11. MISCELLANEOUS

11.1 Changes; No Waiver.

We may modify these terms with notice. Continued use after the effective date constitutes acceptance. A party’s failure to enforce a provision is not a waiver.

11.2 Force Majeure.

Neither party is liable for delays or failures due to events beyond reasonable control (e.g., natural disasters, acts of government, internet outages).

11.3 Relationship; Assignment.

The parties are independent contractors. You may not assign this Agreement without our consent, except to a successor not competing with us; we may assign to an Affiliate or in connection with a merger or asset sale.

11.4 Severability; Notices; Entire Agreement.

If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect. Notices may be provided in-app or by email. This Agreement (including documents referenced) is the entire agreement between you and us relating to the Services.

11.5 Governing Law; Venue.

This Agreement is governed by the laws of your local jurisdiction (without regard to conflicts of law). Venue and jurisdiction will be as specified in the Jurisdiction Specific Terms below.

Acceptable Use Policy (AUP)

• Respect privacy: only add others’ info with permission; remove on request.
• No unlawful, harassing, hateful, or infringing content.
• No scraping, bulk exports intended to build competing datasets, or rate-limit abuse.
• No mass, automated, or spam messaging through integrations.
• No attempts to bypass security or probe the Service without authorization.

Product Specific Terms

1. Calendar & Reminders

The dashboard surfaces upcoming dates (birthdays, anniversaries, holidays) in calendar and list views. Reminders are provided on a best-effort basis and may depend on device settings, OS permissions, or third-party services. You are responsible for verifying critical reminders.

2. People, Tiers & Types

Organize relationships by tier and type to guide your cadence. You are responsible for accuracy and for obtaining consent where required to store others’ details.

3. Family Tree & Collaboration

You may invite collaborators to help maintain a family tree. Shared trees are visible to invited collaborators according to permissions you select. Do not add sensitive information about third parties without consent. On request and where feasible, you must remove third-party information you have posted about them.

4. Journal

Journal entries are private to your account unless you choose to share. Avoid including highly sensitive data not relevant to personal relationship tracking.

5. AI-Assisted Features (if enabled)

We may offer optional suggestions or insights. Outputs may be inaccurate or incomplete; review before relying on them. You remain responsible for your actions and decisions.

6. Service Uptime Commitment

We target 99.9% monthly uptime (excluding maintenance and events outside our control). For Free Services, no service credits are offered.

Jurisdiction Specific Terms

Your physical address in your account profile determines (i) the Kithery contracting entity (if different entities are used), (ii) the address for notices, (iii) governing law, and (iv) venue. If not otherwise specified in your account or an order form, this Agreement is governed by the laws of your local jurisdiction (without regard to conflicts of law), and the courts located there will have exclusive jurisdiction.

Data Processing Agreement (DPA)

Where required by applicable data protection laws, the DPA applies to our Processing of Personal Data on your behalf. The DPA describes roles (you as Controller; Kithery as Processor), transfer mechanisms (e.g., SCCs or a recognized framework where applicable), security measures, and deletion/return of Customer Data. To obtain a copy or a countersigned version, contact support@kithery.com.

1. Customer Responsibilities

• Provide legally sufficient notices and obtain any required consents to add others’ personal information.
• Only provide Personal Data that is accurate and necessary for the Services.
• Do not upload prohibited Sensitive Data or children’s data where consent is not obtained or permitted.

2. Kithery Obligations

• Process Personal Data only on your documented instructions and as necessary to provide the Services.
• Implement appropriate technical and organizational measures to protect Personal Data.
• Notify you without undue delay of a confirmed Personal Data Breach impacting your Customer Data.
• Delete or return Personal Data upon termination, subject to lawful retention requirements.

3. Sub-Processors; Transfers

We may use Sub-Processors to provide the Services. We remain responsible for their performance and will ensure appropriate data protections. Where Personal Data is transferred internationally, we will use a valid transfer mechanism as required by law.

For questions about these terms, please contact support@kithery.com. Effective date: the date you first accept or use the Services after these terms are posted.