Terms of Use

1. Who we are and what these terms cover

1.1These terms ("Terms") are a legal agreement between you and Jan Pavelka, a sole trader trading as "Kinify", of SOWAVE, Royal Mail House, Terminus Terrace, Southampton SO14 3FD, England, email support@kinify.co.uk ("we", "us", "our"). They govern your use of the Kinify iPhone app, the Kinify Pro upgrade and any updates (together, the "App").

1.2By downloading, installing or using the App you accept these Terms. If you do not accept them, do not use the App and delete it.

1.3The App is for personal, family and household use by consumers. Nothing in these Terms affects your statutory rights as a consumer, including your rights under the Consumer Rights Act 2015. Where anything in these Terms conflicts with those rights, your statutory rights win.

1.4Please read sections 4, 5, 6 and 10 carefully. They explain what the App does not do, what you are responsible for, how payment and refunds work, and the limits of our responsibility.

2. Apple and the App Store

2.1These Terms are between you and us only, not with Apple Inc. or its subsidiaries ("Apple"). We, not Apple, are solely responsible for the App and its content.

2.2Your use of the App must also comply with the Usage Rules in the Apple Media Services Terms and Conditions. If they conflict with these Terms, the Apple Usage Rules apply.

2.3Maintenance and support. We are solely responsible for providing any maintenance and support for the App, as set out in these Terms or as required by law. Apple has no obligation to provide any maintenance or support for the App.

2.4Warranty. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility, subject to section 10.

2.5Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including (a) product liability claims, (b) any claim that the App fails to conform to any legal or regulatory requirement, and (c) claims under consumer protection, privacy or similar legislation.

2.6Intellectual property. If a third party claims that the App or your possession and use of it infringes their intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.

2.7Legal compliance. You confirm that you are not located in a country subject to a UK, EU or US Government embargo, or designated as a "terrorist supporting" country, and that you are not listed on any UK, EU or US list of prohibited or restricted parties.

2.8Third-party terms. You must comply with any third-party terms that apply when you use the App, such as your mobile network's terms and Apple's iCloud terms.

2.9Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right (and is deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

3. Your licence

3.1We grant you a personal, non-exclusive, non-transferable, revocable licence to use the App on Apple-branded devices that you own or control, as permitted by the Apple Usage Rules (including Family Sharing where available). The App is licensed to you, not sold.

3.2You must not, and must not help anyone else to: (a) copy, modify, translate or create derivative works of the App, except as the law allows; (b) reverse engineer, decompile or disassemble the App, except as the law expressly allows; (c) rent, lease, sell, sublicense or redistribute the App; (d) bypass or interfere with the Pro purchase, the free-version limits or any security feature; (e) remove or alter any copyright or other notices; or (f) use the App for anything unlawful, harmful or abusive.

3.3The App, its design, code, name, logo and content belong to us or our licensors. Apart from the licence in this section, you receive no rights in them. What you write in the App belongs to you.

3.4Your ideas. If you send us feedback or suggestions, you allow us to use them to improve Kinify freely, without payment or credit to you. Please do not send anything you want to keep confidential.

4. What Kinify is, and what it is not

4.1A memory aid, not a guarantee. Kinify is a personal and family organiser. It helps you note tasks, dates, lists, schedules and family information and shows reminders on your device. It does not replace your own diary, official reminders (for example from the DVLA, your insurer, school, GP or bank), or your own responsibility for your commitments.

4.2How reminders work. Reminders are local notifications delivered by iOS. A reminder only appears on time if: notifications for Kinify are allowed; your device is switched on, charged and set to the correct date, time and time zone; no Focus mode, Do Not Disturb, Screen Time or similar setting blocks it; and the App and its data have not been deleted. iOS also limits how many notifications an app can schedule at once. We do not control these things, so we cannot promise that every reminder will appear, or appear at exactly the scheduled moment.

4.3Automatic recognition. The App tries to recognise dates, times, repeats, list items and ingredients in what you type, dictate or share. This is automated and can misread your input, especially ambiguous phrases such as "next Friday" or "the 3rd". The App always shows you what it understood before saving. Checking that is your job.

4.4Dictation. Voice input uses Apple's speech recognition built into iOS. Its accuracy is controlled by Apple and your device settings, and Apple's terms and privacy policy apply to it.

4.5No professional advice. Nothing in the App is medical, legal, financial, tax or childcare advice. Meal plans and recipes are suggestions only; you are responsible for checking ingredients for allergies and dietary needs. Important numbers (such as NHS, National Insurance or tax references) are stored exactly as you enter them; we do not check them.

4.6Not for critical or emergency use. The App is not a medical device and is not designed for safety-critical use, emergencies, or as the only reminder for medication, medical care or the care of a child or vulnerable person. Use a dedicated, appropriate solution for those purposes.

4.7Future features. Features we describe as "coming soon" or planned for a later version are intentions, not promises. You buy Pro for the features available when you buy it.

4.8Test versions. If you take part in testing (for example through Apple TestFlight), test versions are provided free of charge, may contain errors, may stop working at any time and are provided "as is", to the extent the law allows. Please do not rely on a test version for anything important.

5. Your responsibilities

When you use the App, you are responsible for:

• 5.1your own deadlines and obligations, such as MOTs, vehicle tax, insurance renewals, bills, appointments, school deadlines, medication and legal or tax dates. For anything important, keep an independent record and check official sources;
• 5.2checking every date, time and repeat the App recognises before you save it;
• 5.3keeping notifications switched on for Kinify and keeping your device charged, updated and set to the right time;
• 5.4keeping a backup of anything you would not want to lose (for example by turning on iCloud backup), because we hold no copy of your data (see section 7);
• 5.5protecting access to your device with a passcode or Face ID, especially if you store important numbers or family information in the App;
• 5.6the information you enter about other people, such as family members. Only add information you are entitled to keep for your own household purposes, and only share lists or items with people you trust;
• 5.7anything you choose to share with others through the App and how they use it.

6. Free version, Kinify Pro, payment and refunds

6.1Free version. The App is free to download. The free version has limits (for example a maximum of 10 active reminders with a date), which are shown in the App. The free version is supplied at no cost and is provided "as is". To the extent the law allows, we make no promises about it beyond those in these Terms.

6.2Kinify Pro. Pro is a one-time in-app purchase that removes the limits and unlocks extra features as described in the App at the time you buy. The price is shown in the App Store before you buy (at launch, £7.99 in the UK including VAT). The price in the App Store at the time you buy is the price that applies. It is not a subscription and there are no recurring charges.

6.3Payment. All payments are taken and processed by Apple under the Apple Media Services Terms and Conditions. We never receive or store your payment details.

6.4Restoring Pro. Pro is linked to your Apple Account. You can restore it on your other devices or after reinstalling the App with "Restore purchase" in Settings or on the Pro screen.

6.5Immediate unlock and the right to cancel. Pro is digital content that is unlocked as soon as your purchase is confirmed. Your purchase is made through Apple, and Apple's terms explain any right you have to cancel it. Where the law gives you a right to cancel your purchase against us, you agree, when you buy Pro, that it is unlocked immediately, and you acknowledge that you lose that right to cancel once it is unlocked (Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, regulation 37).

6.6Refunds. We do not issue refunds ourselves, and we do not offer refunds for change of mind. Because Apple takes the payment, every refund request for an App Store purchase must be made to Apple at reportaproblem.apple.com. Apple decides those requests under its own terms and policies, which may be more generous than ours. This section does not affect your legal rights if Pro is faulty or not as described (see section 9).

6.7If the App is withdrawn. We may stop selling the App, remove it from the App Store or stop releasing updates at any time, for example for commercial, technical or legal reasons. Because Kinify runs entirely on your device, a copy you have already installed, including Pro, normally keeps working after it is removed from sale, and you can usually reinstall it from your App Store purchase history while Apple allows. We do not give refunds because the App is withdrawn from sale, no longer updated, or stops working with a future version of iOS after a reasonable period. This does not affect your rights under section 9 if Pro was faulty or not as described when you bought it, or within a reasonable time afterwards.

7. Your data and privacy

7.1We collect no data. Apart from emails you choose to send us, we do not collect, receive, store, sell or analyse your personal data or anything you enter in the App. There is no account, no sign-up, no advertising, no analytics and no tracking. Our Privacy Policy explains this in full.

7.2On your device. Your reminders, lists, plans and family information are stored on your device. Features that do not involve sharing work without an internet connection.

7.3Your own iCloud. If you turn on iCloud backup, sync or family sharing (where available), the data you choose is stored in your own iCloud account and handled by Apple under Apple's terms and privacy policy. Shared items are visible only to the people you invite. We run no servers and cannot see or access this data.

7.4We cannot recover your data. Because we hold no copy of your data, we cannot recover, restore or export it for you if your device is lost, damaged, reset or replaced, or if you delete the App, unless you have your own backup. You can export or delete your data at any time in Settings.

8. Updates and changes to these Terms

8.1We may release updates to fix bugs, improve features, respond to changes in iOS or the law, or improve security. Some updates may be needed for the App to keep working. Updates are provided through the App Store.

8.2We will keep the App conforming to these Terms and the law for a reasonable period, but we cannot guarantee that it will work with every future version of iOS or every device.

8.3We may change these Terms for good reasons, such as a change in the law, a new feature, or to make them clearer. If a change materially affects you, we will tell you in the App before it takes effect. If you do not accept the change, you can stop using the App and delete it. A change will not take away rights you have already paid for, except as described in section 6.7.

9. If the App is faulty: your legal rights

9.1If you have paid for Pro, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality. If it is not, you are entitled to a repair or replacement. If that is not possible, or is not done within a reasonable time and without significant inconvenience, you may be entitled to a price reduction, which can be up to a full refund.

9.2This is a summary. For more information, visit Citizens Advice (citizensadvice.org.uk) or call 0808 223 1133.

9.3To report a problem, email us first so we can try to fix it. Refunds of App Store purchases are paid by Apple (see section 6.6).

10. Our responsibility to you

10.1What we never exclude. Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) your statutory rights as a consumer, including under the Consumer Rights Act 2015; or (d) anything else that cannot be excluded or limited under the law of England and Wales.

10.2Foreseeable loss. Subject to section 10.1, we are only responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or failing to use reasonable care and skill. Loss is foreseeable if it is obvious that it will happen, or if both you and we knew it might happen when you accepted these Terms.

10.3Personal use only. The App is for domestic and private use. We are not responsible to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

10.4Missed or wrong reminders. Because of how reminders work (section 4) and because you stay responsible for your own deadlines (section 5), we are not responsible for losses that result from a reminder not appearing, appearing late or being set incorrectly where this is caused by: (a) your device, its settings, permissions, Focus modes, power or clock; (b) iOS, Apple services or your network; (c) information you entered or confirmed, including a date the App recognised and you saved; (d) deleting the App or its data, or replacing your device without a backup; or (e) anything else outside our reasonable control. Examples of such losses include fines, penalties, late fees, lapsed insurance or cover, missed appointments, and the cost of putting these right.

10.5Data you store. We are not responsible for the loss of data you store in the App where you could have avoided the loss by keeping a backup, unless the loss was caused by our failure to use reasonable care and skill.

10.6Overall limit. Subject to section 10.1, our total liability to you for all claims arising out of or in connection with the App or these Terms is limited to the greater of (a) the total amount you paid for the App and Pro, and (b) £50. We think this is fair because the App is free or low-cost, keeps your data only on your device, and section 4 explains its limits.

10.7Events outside our control. We are not responsible for any delay or failure caused by events outside our reasonable control, such as failures of Apple services, iOS changes, outages or changes in the law.

11. Ending these Terms

11.1You can stop using the App at any time by deleting it. Deleting the App deletes its data on that device, unless you have a backup.

11.2We may end your licence if you seriously break these Terms (for example by breaking section 3.2). We will tell you by reasonable means where we can. You must then stop using the App and delete it.

11.3Sections 2, 7, 9, 10, 12 and 13 continue to apply after these Terms end.

12. Contact and complaints

12.1If you have a question or complaint, email support@kinify.co.uk. We aim to reply within 5 working days.

12.2If we cannot resolve a complaint, you may be able to use an alternative dispute resolution service, or bring a claim in the courts (see section 13.1).

13. General

13.1Law and courts. These Terms are governed by the law of England and Wales. You can bring proceedings in the courts of England and Wales. If you live in Scotland or Northern Ireland, you can also bring proceedings in your local courts. If you live outside the UK, you keep any protection that the mandatory consumer laws of your country give you.

13.2Third parties. Apart from Apple under section 2.9, no one other than you and us has any right to enforce these Terms, under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

13.3Transfer. We may transfer our rights and obligations under these Terms to another person or business, for example if we sell the App, but only if this does not reduce your rights. You may only transfer your rights as the Apple Usage Rules allow (for example Family Sharing).

13.4Severability. If a court finds any part of these Terms invalid or unenforceable, the rest continues to apply.

13.5No waiver. If we delay or do not insist on something you must do under these Terms, we can still insist on it later.

13.6Age. You must be 18 or over to buy Pro, or have permission from a parent or guardian who accepts these Terms on your behalf.

13.7Our status. We are a sole trader, not a company. "Kinify" is our trading name.

13.8Language. These Terms are written in English. We may provide translations, and the App may be available in other languages, for your convenience. If a translation differs from the English version, the English version applies, except where the law requires otherwise or the difference would put you at a disadvantage.