Terms of Service

1. Introduction and Acceptance

Welcome to Kaiary. These Terms of Service ("Terms") govern your use of the Kaiary mobile application and related services (collectively, the "Service") operated by Renji Labs, Inc. ("we," "our," or "us").

By creating an account or using Kaiary, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Service.

2. Eligibility

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

If you are a parent or guardian using Kaiary to document your family's memories, you are responsible for any content you create about your children or other family members.

3. Account Registration and Security

To use Kaiary, you must create an account by providing accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

You may only create one account per person. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscription and Payment Terms

Kaiary offers subscription plans that provide access to premium features. By subscribing, you agree to the following:

• Billing: Subscriptions are billed through the Apple App Store or Google Play Store, depending on your device
• Automatic Renewal: Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period
• Price Changes: We may change subscription prices with at least 30 days' notice
• Refunds: Refund requests are handled by Apple or Google according to their respective policies

Payment processing is handled by RevenueCat in conjunction with the respective app stores.

5. Free Trial

We may offer free trial periods for new subscribers. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription. Free trials are limited to one per account.

6. Sparks (In-App Currency)

Sparks are virtual credits used for AI-powered features within Kaiary. By purchasing or using Sparks, you agree that:

• Sparks have no cash value and cannot be exchanged for real currency
• Sparks are non-refundable and non-transferable
• Unused Sparks do not expire while your account remains active
• Sparks may only be used within the Kaiary application

7. User Content and License

You retain ownership of all content you create or upload to Kaiary, including journal entries, photos, videos, and audio recordings ("User Content"). By using the Service, you grant us a limited, non-exclusive license to:

• Store, process, and display your User Content to provide the Service
• Create backups and perform technical operations necessary for the Service
• Generate AI-powered features based on your content (processed on our self-hosted infrastructure)

This license exists solely to operate and improve the Service and terminates when you delete your content or account.

8. AI-Generated Content

Kaiary uses AI to generate storybook-style illustrations and other content based on your journal entries. Regarding AI-generated content:

• AI-generated illustrations are derivative works based on your User Content
• You receive a license to use AI-generated content for personal, non-commercial purposes
• We do not guarantee the accuracy, quality, or appropriateness of AI-generated content
• AI processing occurs on our self-hosted infrastructure; your content is never sent to third-party AI services

9. Family Sharing and Collaboration

Kaiary allows you to share content with family members. As the account owner, you are responsible for:

• Managing family member access and permissions
• Ensuring invited members comply with these Terms
• Content shared within your family group

Family members you invite may view and interact with shared content according to the permissions you set.

10. Acceptable Use Policy

You agree not to use Kaiary to:

• Upload or share illegal, harmful, or offensive content
• Harass, abuse, or harm other users
• Impersonate any person or entity
• Attempt to gain unauthorized access to our systems or other users' accounts
• Upload malware, viruses, or other harmful code
• Use the Service for any commercial purpose without authorization
• Violate any applicable laws or regulations

We reserve the right to remove content and suspend accounts that violate this policy.

11. Intellectual Property

The Kaiary name, logo, and all related branding are trademarks of Renji Labs, Inc. The Service, including its design, features, and underlying technology, is protected by copyright and other intellectual property laws.

You may not copy, modify, distribute, or create derivative works based on our Service without our written permission.

12. Third-Party Platform Terms

Your use of Kaiary is also subject to the terms and policies of the platform through which you access the Service:

• Apple App Store Terms of Service (for iOS users)
• Google Play Terms of Service (for Android users)

In the event of any conflict, these Terms govern your relationship with Renji Labs, Inc.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

We do not guarantee the accuracy of AI-generated content, including illustrations and text summaries. You are responsible for reviewing AI-generated content before sharing.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RENJI LABS, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, PROFITS, OR GOODWILL.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

15. Indemnification

You agree to indemnify and hold harmless Renji Labs, Inc. and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any third-party rights

16. Termination

You may delete your account at any time through the app settings. We may suspend or terminate your account if you violate these Terms or for any other reason with notice.

Upon termination, your right to use the Service ceases immediately. We will delete your data within 30 days of account deletion, except as required by law.

17. Dispute Resolution

Arbitration Agreement: Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

Class Action Waiver: You agree to resolve disputes with us on an individual basis and waive your right to participate in a class action lawsuit or class-wide arbitration.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to legal@kaiary.ai within 30 days of creating your account.

Exceptions: Either party may bring claims in small claims court if eligible. This arbitration agreement does not prevent you from bringing issues to the attention of government agencies.

Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any litigation not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware.

18. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms in the app and updating the "Last Updated" date. Your continued use of Kaiary after changes become effective constitutes acceptance of the revised Terms.

19. Contact Information

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

20. Acknowledgment

By using Kaiary, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.