Kinopio Help

Terms of Service

I endeavor to treat everyone fairly, ethically, and honestly. But for the possible but unlikely bad actor, this boring legal document exists.

  • When I say “Company”, “we”, “our”, or “us” in this document, I'm referring to Kinopio LLC.
  • When we say “Services”, we mean any product created and maintained by Kinopio LLC.

When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That’s true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.

If you violate of any of the terms, we may terminate your account. That’s a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about who we are, how we work, and keeping an open door to your feedback.

Contents

Account Terms

  1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  2. You may not use the Services for any purpose outlined in our Use Restrictions policy.
  3. You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.
  4. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Payments

  1. We'll only ask for your credit when you want to, or need to, pay to upgrade your account. We will charge your card immediately and your billing cycle starts on the day of upgrade.
  2. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities.

Refunds

  1. If you were just charged for your next month of service but you meant to cancel, we’re happy to refund that extra charge.
  2. If you forgot to cancel your account a couple months ago and you haven’t used it since then, we’ll give you a full refund for a few back months. No problem.
  3. If you tried one of our products for a couple months and you just weren’t happy with it, you can have your money back.

Payment Cancellation

  1. You are solely responsible for properly canceling your paid plan. Our service provides a simple no-questions-asked cancel account button. An email request to cancel your account is not automatically considered cancellation. If you need help cancelling your account, email hi@kinopio.club.
  2. All of your content will still be accessible from the Services immediately upon cancellation. However, you won't be able to add new data unless your account is below the unpaid plan limits.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle. See the Refunds section above for more details.

Account Deletion

  1. You are solely responsible for properly deleting your account. Our service provides a simple no-questions-asked Remove All Your Data button. An email request to cancel your account is not automatically considered deletion. If you need help deleting your account, email hi@kinopio.club.
  2. Upon deletion, your data is immediately and permanently deleted from the main database. Within 30 days, all content will be permanently deleted from and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted.
  3. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of the hundreds of thousands of accounts on our Services, there is at least one doing something nefarious. There are some things we staunchly stand against and this clause is how we exercise that stance. For more details, see our Use Restrictions policy.
  4. Verbal, physical, written or other abuse (including threats of abuse or retribution) of Company employee or officer will result in immediate account termination.

Uptime, Security, and Privacy

  1. Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for most of our Services – but do take uptime of our applications seriously.

  2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.

  3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet.

  4. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that Kinopio may process your data as described in our Privacy Policy and for no other purpose. We can access your data for the following reasons:

    • To help you with support requests you make. We’ll ask for express consent before accessing your account.
    • To find public spaces that would be interesting to others to show in Explore. Owners of those spaces will be sent an email asking them if they would be interested in adding their space to Explore. Private spaces are never accessed without explicit owner consent.
    • To safeguard Kinopio. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.

  5. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. The subprocessors are:

Copyright and Content Ownership

  1. All content posted on the Services must comply with U.S. copyright law.
  2. We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours.
  3. We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
  4. The names, look, and feel of the Services are copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
  6. You must not modify another website so as to falsely imply that it is associated with the Services or the Company.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.

Services Adaptations and API Terms

We offer Application Program Interfaces (“API”s) for our Service. Any use of the API, including through a third-party product that accesses the Services, is bound by the terms of this agreement plus the following specific terms:

  1. You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
  2. Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account’s access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent; and in general giving a damn. If you choose to use our Services, thank you for betting on us. If you have a question about any of the Terms of Service, please email hi@kinopio.club

This document was originally adapted from Basecamp's Terms of Service.

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