Terms of Use

1. Acceptance of Terms

By accessing or using Kinfoly ("the Service"), available at https://kinfoly.com, you ("User," "you," "your") agree to be bound by these Terms of Use ("Terms"). If you do not agree with any part of these Terms, you must not use the Service.

2. Description of Service

Kinfoly is a free online platform that allows users to create and manage family trees, add person records and life events, define family relationships, import and export genealogical data in GEDCOM format, and upload photos. The Service is provided on an "as is" and "as available" basis.

3. Eligibility

You must be at least 16 years of age to create an account and use the Service. By registering, you represent and warrant that you meet this age requirement.

4. Account Registration and Security

To use the Service, you must create an account by providing a valid email address and password, or by signing in through Google OAuth. You agree to provide accurate and complete information during registration.

You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

5. User Content and Responsibilities

5.1 Ownership of User Content

You retain all rights to the content you create, upload, or import into the Service, including but not limited to family trees, person records, life events, photos, sources, citations, and GEDCOM files ("User Content").

5.2 License to Operate the Service

By uploading or entering User Content, you grant us a limited, non-exclusive, non-transferable license to store, process, display, and transmit your User Content solely for the purpose of providing the Service to you. This license terminates when you delete the content or your account.

5.3 User Responsibility for Content

You are solely and entirely responsible for all User Content you create, upload, or import into the Service. This includes, without limitation: ensuring you have the legal right to enter, store, and process personal data about any individuals (living or deceased) included in your family trees; obtaining any necessary consents from living individuals whose personal data you add to the Service; complying with all applicable data protection and privacy laws in your jurisdiction (including but not limited to GDPR, CCPA, and equivalent local regulations) with respect to any third-party personal data you enter; ensuring that your User Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party; and ensuring the accuracy of genealogical data, dates, places, and relationships you enter.

We do not review, verify, validate, moderate, or endorse any User Content. We have no obligation to monitor User Content and assume no responsibility for it.

5.4 Prohibited Content

You agree not to use the Service to: upload, store, or transmit any content that is unlawful, defamatory, harassing, threatening, or otherwise objectionable; upload malicious files, viruses, or harmful code; impersonate any person or entity; use the Service for any commercial purpose without our prior written consent; attempt to gain unauthorized access to the Service, other users' accounts, or our systems; interfere with or disrupt the Service or servers; or scrape, crawl, or use automated tools to extract data from the Service.

6. GEDCOM Import and Export

You may import genealogical data via GEDCOM files. You are solely responsible for the content and accuracy of any imported data. We are not responsible for any data loss, corruption, or errors that may occur during the import process.

You may export your family tree data in GEDCOM format at any time. This is provided as a data portability feature. We make no guarantees regarding the compatibility of exported files with third-party software.

7. Photos and File Uploads

You may upload photos for user avatars (up to 2 MB) and person records (up to 5 MB) in JPEG, PNG, GIF, or WebP format. You represent and warrant that you own or have the necessary rights and permissions to upload any photos, and that such uploads do not violate any third party's rights.

8. Intellectual Property

The Service, including its design, code, logos, trademarks, and all non-user-generated content, is owned by or licensed to us and is protected by applicable intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Service.

If you submit feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without any obligation to you.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. To the fullest extent permitted by applicable law, we expressly disclaim all warranties, including but not limited to: implied warranties of merchantability, fitness for a particular purpose, and non-infringement; any warranty that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components; any warranty regarding the accuracy, reliability, or completeness of any content or data within the Service; any warranty that the Service will meet your requirements; and any warranty regarding the preservation or security of your data.

You use the Service entirely at your own risk.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY: indirect, incidental, special, consequential, punitive, or exemplary damages; loss of profits, revenue, data, or business opportunities; damage arising from the loss, corruption, or unauthorized access to your User Content; damage arising from any interruption or cessation of the Service; damage arising from unauthorized access to or alteration of your account or data; damage arising from any third-party claims related to your User Content; or damage arising from reliance on any information obtained through the Service.

IN ANY CASE, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR TEN US DOLLARS ($10.00), WHICHEVER IS GREATER.

These limitations apply regardless of the legal theory on which the claim is based (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages.

11. Indemnification

You agree to indemnify, defend, and hold harmless Kinfoly and its operators, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to: your use of the Service; your User Content; your violation of these Terms; your violation of any applicable law or regulation; your violation of any third party's rights, including privacy rights and intellectual property rights; and any claim by a third party related to personal data you entered into the Service about them.

12. Service Availability and Modifications

We do not guarantee that the Service will be available at all times or without interruption. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice, and without liability to you. We recommend that you regularly export your data using the GEDCOM export feature.

We may revise these Terms at any time by posting the updated version on this page. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

13. Termination

You may stop using the Service and delete your account at any time.

We may suspend or terminate your account at any time, for any reason or no reason, with or without notice. Upon termination, your right to use the Service ceases immediately. We are not liable for any loss of data resulting from account termination.

Sections 5.3 (User Responsibility), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), and 14 (Governing Law) shall survive any termination of these Terms.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the Service operator resides, without regard to conflict of law principles. Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration or in the courts of competent jurisdiction in the Service operator's location.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Kinfoly regarding the use of the Service.

17. Contact

If you have questions about these Terms, you may contact us at: [email protected]