Terms of Service

These Terms of Service (“Terms”) constitute a binding legal agreement between you and Kyndium LLC, a Virginia limited liability company (“Kyndium,” “we,” “us,” or “our”), governing your access to and use of the Kyndium platform, including the website at kyndium.com, the progressive web application, and any associated APIs or services (collectively, the “Service”).

By creating an account, clicking “Create account,” or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, you must not access or use the Service.

If you are accepting on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. In that case, “you” refers to both you and that organization.

“Account” means a registered user account on the Service.

“Content” means any data, text, tasks, notes, attachments, or other material you create, upload, or store within the Service.

“Subscription” means a paid plan granting access to additional features beyond the free Starter tier.

“Organization” means a team workspace created within the Service that may include multiple member accounts.

“Kyndium IP” means the Service, its source code, design, trademarks, logos, algorithms, and all intellectual property owned by or licensed to Kyndium LLC.

You must be at least 16 years of age to create an Account or use the Service. By registering, you represent that you meet this requirement. If we learn that an Account was created by someone under 16, we will delete that Account and all associated Content without prior notice.

You must have the legal capacity to enter into a binding contract. Use of the Service is void where prohibited by applicable law.

You are responsible for: (a) providing accurate, complete registration information; (b) maintaining the confidentiality of your login credentials; and (c) all activity that occurs under your Account, whether or not authorized by you.

You must notify us immediately at security@kyndium.com upon becoming aware of any unauthorized access to or use of your Account.

We reserve the right to suspend or terminate any Account that we reasonably believe has been compromised, is being used fraudulently, or violates these Terms.

You may not create an Account on behalf of another person without their express consent. You may not share Account credentials with third parties outside of the Organization features the Service expressly provides.

Plans. Kyndium offers a free Starter plan and paid Pro, Teams, and Enterprise plans. Feature availability by plan is described on our pricing page. We reserve the right to modify plan features with reasonable advance notice.

Payment. Paid Subscriptions are billed in advance on a recurring basis (monthly or annually) through our payment processor, Stripe. By subscribing, you authorize us to charge your payment method on the applicable billing cycle. All amounts are in US Dollars.

Renewals. Subscriptions renew automatically unless cancelled before the renewal date. You may cancel at any time from your account settings.

Refunds. Monthly plans may be cancelled for a prorated refund within 7 days of the charge. Annual plans are non-refundable except as required by applicable law or at our sole discretion. If we discontinue the Service, we will refund any prepaid but unused subscription period.

Price changes. We will provide at least 30 days' notice before increasing prices for existing subscribers. Your continued use of the Service after the price change takes effect constitutes agreement to the new pricing.

Taxes. Prices exclude applicable taxes. You are responsible for all taxes associated with your Subscription.

Ownership. You retain all ownership rights in your Content. These Terms do not transfer any intellectual property rights from you to Kyndium.

License to Kyndium. By storing Content in the Service, you grant Kyndium a limited, non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, and display your Content solely as necessary to operate and provide the Service to you. This license terminates when you delete the Content or close your Account.

No AI training. We do not use your Content to train machine learning or artificial intelligence models without your separate, explicit consent.

Responsibility. You are solely responsible for your Content and represent that: (a) you have all necessary rights to upload and use it; (b) it does not violate any applicable law or third-party rights; and (c) it does not contain malware or malicious code.

Shared Content. If you share Content with other users (e.g., via project collaboration or public share links), you acknowledge that those users may view and, depending on their permission level, modify that Content.

The Service, including its software, design, text, graphics, logos, trademarks, and all other content not provided by users, is owned by or licensed to Kyndium LLC and is protected by United States and international copyright, trademark, patent, and other intellectual property laws.

Subject to your compliance with these Terms, Kyndium grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your personal or internal business purposes.

You may not: (a) copy, modify, or create derivative works of the Service; (b) reverse-engineer, decompile, or disassemble any part of the Service; (c) sell, sublicense, or otherwise transfer access to the Service to third parties; (d) remove any proprietary notices from the Service; or (e) use the Service to build a competing product.

The “Kyndium” name, the ✦ logo, and all related marks are trademarks of Kyndium LLC. You may not use them without our prior written consent.

You agree not to use the Service to:

(a) violate any applicable federal, state, or local law or regulation;

(b) infringe the intellectual property, privacy, or other rights of any third party;

(c) upload, transmit, or store content that is unlawful, defamatory, fraudulent, harassing, abusive, threatening, obscene, or otherwise objectionable;

(d) distribute spam, unsolicited commercial communications, malware, viruses, Trojan horses, or other harmful code;

(e) attempt to gain unauthorized access to other users' accounts or data, or to Kyndium's infrastructure, systems, or networks;

(f) interfere with, disrupt, or degrade the performance or security of the Service or the servers and networks connected to it;

(g) use automated means (bots, scrapers, crawlers) to access the Service in a manner that exceeds reasonable personal or organizational use;

(h) impersonate any person or entity, or falsely represent your affiliation with any person or entity;

(i) engage in any activity that could harm Kyndium's reputation, business relationships, or operations.

We reserve the right to investigate violations and, at our sole discretion, suspend or terminate access, remove Content, and report violations to law enforcement.

Kyndium respects intellectual property rights. If you believe Content on the Service infringes your copyright, please send a notice containing the following to legal@kyndium.com:

(a) your full legal name and contact information; (b) a description of the copyrighted work; (c) a description of where the infringing material is located on the Service; (d) a statement that you have a good faith belief that the use is not authorized by the copyright owner; (e) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner; and (f) your physical or electronic signature.

We will respond to valid DMCA notices and, where appropriate, remove or disable access to the allegedly infringing material. Repeat infringers will have their Accounts terminated.

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our privacy practices as described in that policy.

The Service integrates with certain third-party services (including Supabase, Vercel, Stripe, and Anthropic) to operate. Your use of those services is subject to their respective terms and privacy policies. Kyndium is not responsible for the acts or omissions of any third-party service provider.

The Service may contain links to third-party websites. Those links are provided for convenience only; Kyndium does not endorse and has no control over the content or practices of linked sites.

We will endeavor to make the Service available 24/7 but do not guarantee uninterrupted or error-free access. Scheduled maintenance, emergency repairs, and events beyond our reasonable control may result in downtime.

We reserve the right to modify, suspend, or discontinue any feature or the entire Service at any time. Where feasible, we will provide at least 30 days' advance notice of material discontinuations to registered users. We are not liable for any modification, suspension, or discontinuation of the Service.

By you. You may close your Account at any time from your account settings or by contacting us at hello@kyndium.com. Closure cancels any active Subscription as of the next billing date (no mid-period refunds unless required by law).

By Kyndium. We may suspend or terminate your Account immediately, without prior notice or liability, if: (a) you breach these Terms; (b) your Account is associated with fraudulent activity; (c) we are required to do so by law; or (d) continued operation would create legal or security risk to Kyndium or other users.

Effect of termination. Upon termination, your license to use the Service ceases. We will retain your Content for up to 30 days to allow export before permanent deletion, except where earlier deletion is required by law or is necessary for security reasons. All provisions of these Terms that by their nature should survive termination shall survive (including Sections 7, 14, 15, 16, 17, 18, and 19).

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Kyndium does not warrant that: (a) the Service will meet your requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) results obtained from use of the Service will be accurate or reliable; or (d) any errors in the Service will be corrected. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KYNDIUM LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF KYNDIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total cumulative liability to you for all claims arising out of or related to these Terms or the Service shall not exceed the greater of: (a) the total amounts you paid to Kyndium in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) fifty US dollars (USD $50.00).

The limitations in this Section apply regardless of the theory of liability (contract, tort, statute, or otherwise) and shall apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow certain liability limitations, so portions of this Section may not apply to you.

You agree to defend, indemnify, and hold harmless Kyndium LLC and its members, managers, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your Content; (c) your violation of these Terms; (d) your violation of any third-party rights; or (e) your violation of any applicable law.

Kyndium reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, in which case you will cooperate with Kyndium in asserting available defenses.

These Terms and any dispute arising out of or related to them or the Service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict-of-law principles.

Subject to the arbitration provisions in Section 18, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Virginia for any litigation not subject to arbitration.

Informal resolution first. Before initiating arbitration, the party with a dispute must send written notice to the other party describing the claim in reasonable detail. The parties will have 30 days to attempt good-faith resolution before arbitration may be initiated.

Binding arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including the interpretation, breach, or validity of these Terms — shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (for individual users) or Commercial Arbitration Rules (for business users), except as modified herein.

Seat. The arbitration shall be conducted in Virginia or, if all parties agree, by remote means.

Small claims. Either party may bring an individual claim in small claims court (Fairfax County General District Court or comparable court) in lieu of arbitration, provided the claim qualifies and remains in that court.

Fees. Arbitration filing fees are governed by the applicable AAA rules. For claims under USD $10,000, Kyndium will pay AAA filing fees unless the arbitrator finds the claim frivolous.

Confidentiality. Arbitration proceedings and their outcomes are confidential, except as necessary to enforce an award or as required by law.

Opt-out. You may opt out of this arbitration provision by sending written notice to legal@kyndium.com within 30 days of first accepting these Terms. Your notice must include your name, email, and a clear statement that you are opting out of arbitration.

YOU AND KYNDIUM EACH WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING SHALL BE JOINED WITH ANOTHER WITHOUT THE WRITTEN CONSENT OF ALL PARTIES. IF THIS WAIVER IS FOUND UNENFORCEABLE, THE ENTIRE ARBITRATION PROVISION IN SECTION 18 SHALL BE NULL AND VOID.

Entire agreement. These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Kyndium regarding the Service and supersede all prior agreements.

Severability. If any provision of these Terms is found invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force.

Waiver. No waiver of any term shall be deemed a further or continuing waiver of that term, and Kyndium's failure to assert any right under these Terms shall not constitute a waiver.

Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. Kyndium may assign these Terms freely, including in connection with a merger, acquisition, or sale of substantially all of its assets.

Force majeure. Kyndium is not liable for delays or failures in performance resulting from causes beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, governmental action, or internet infrastructure failures.

No third-party beneficiaries. These Terms do not confer any rights or remedies on any third party.

We may update these Terms from time to time. When we make material changes, we will: (a) update the “Effective” date at the top of this page; (b) notify registered users by email at least 14 days before the changes take effect; and (c) where required by law, seek fresh consent.

Continued use of the Service after the effective date of updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service and close your Account before the effective date.

Kyndium LLC is registered in the Commonwealth of Virginia.

Legal and compliance matters: legal@kyndium.com

General support: hello@kyndium.com

Privacy and data requests: privacy@kyndium.com