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Kindred Air - Policies

Terms of Service

  1. Introduction

1.1. About Us 

Welcome to Kindred Air (“the Platform”), a SaaS platform owned and operated by Kindred CSR Ltd (“we,” “us,” “our”), a company registered in the United Kingdom. Our registered address is Berkeley House, 6 The Square, Kenilworth. CV8 1EB, and our company number is 1298 7610, VAT Number 475394846. 

1.2. Purpose 

The Platform provides tools and resources to manage Environmental, Social, and Governance (ESG) certification projects (“Services”). By accessing or using our Services, you agree to comply with these Terms of Service (“Terms”). 

1.3. Acceptance of Terms 

By creating an account, accessing, or using the Platform, you (“User,” “you,” or “your”) agree to these Terms, our Privacy Policy, and any additional terms applicable to specific features of the Platform. If you do not agree to these Terms, you must not use our Services. 

  1. Use of the Platform

2.1. Eligibility 

To use the Platform, you must: 

  • Be at least 18 years old 
  • Have the legal capacity to enter into binding agreement  
  • Not be barred from using our Services under any applicable law 

2.2.Account Registration 

To access the Platform, you will have an account registered for you by either: a work colleague; one of our consultants. When accessing the account you must ensure information provided is accurate and up-to-date information. You are responsible for maintaining the confidentiality of your account, related passwords or access tokens, and you agree to notify us immediately of any unauthorized use. 

2.3. License 

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform in accordance with these Terms. 

2.4. Prohibited Use 

You agree not to: 

  • Use the Platform for unlawful purposes. 
  • Modify, reverse-engineer, or decompile the software. 
  • Share or distribute your access credentials with unauthorized third parties. 
  • Share or distribute recordings, screenshots, feature lists or detailed functionality to unauthorized third parties. 
  • Upload or distribute harmful or unlawful content. 
  1. User Content

3.1. Content Ownership 

You retain all rights to any content, data, and information you submit, post, or upload to the Platform (“User Content”). By submitting User Content, you grant us a non-exclusive, royalty-free license to use, reproduce, modify, and display the User Content solely to provide the Services. 

3.2. User Responsibility 

You are solely responsible for the accuracy, legality, and quality of User Content. You warrant that you have all necessary rights and permissions to use and submit the User Content. 

3.3. Removal of Content 

We reserve the right to remove or disable access to any User Content that violates these Terms or applicable law. 

  1. Subscription and Fees

4.1. Subscription Plan 

Access is granted certain features of the Platform require a subscription. You agree to pay all applicable fees for the selected subscription plan (“Subscription Fees”). 

4.2. Billing and Payment 

Payments will be charged to your selected payment method on the date you subscribe. Subscription Fees are non-refundable, except as required by law. 

4.3. Changes to Subscription 

We reserve the right to modify Subscription Fees or create new charges. Any changes will be communicated to you at least 30 days in advance, and you will have the option to cancel the subscription before such changes take effect. 

4.4. Trial Periods and Promotions 

We may offer free trials or promotional offers. These offers are subject to the terms and conditions communicated at the time. 

  1. Data Privacy and Security

5.1. Data Protection 

We are committed to protecting your personal data in compliance with applicable UK data protection laws. For more details on how we handle your data, please review our Privacy Policy. 

5.2. Security Measures 

We implement commercially reasonable measures to safeguard your data. We aim to operate information security standards equivalent to ISO27001:2022. We cannot guarantee complete security and effective information security is a shared responsibility. You are responsible for maintaining the security of your account and any data shared on the Platform. 

5.3. Data Retention 

Upon termination of your account, we may retain User Content for a period necessary to comply with our legal obligations, resolve disputes, or enforce our agreements. 

  1. Intellectual Property Rights

6.1. Ownership 

All intellectual property rights in the Platform, including but not limited to software, logos, design, text, graphics, and content, are owned by us or our licensors. 

6.2. Restrictions 

You shall not copy, modify, distribute, or create derivative works of any part of the Platform without our prior written consent. Any templates or content created on the Platform by us to be included in your ESG plans or submissions will be clearly marked as belonging to your organisation (name and logo) and have permission granted for use and modification 

  1. Third-Party Services and Links

The Platform may contain links to third-party websites or services. We do not endorse or assume responsibility for any third-party content or services. Access to third-party websites is at your own risk. 

  1. Disclaimer of Warranties

8.1. No Warranty 

The Platform is provided “as is” without warranties of any kind, whether express or implied. We do not guarantee that the Platform will be error-free, secure, or uninterrupted. 

8.2. Limitation of Liability 

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform. 

8.3. Indemnity 

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your breach of these Terms or misuse of the Platform. 

  1. Termination

9.1. Termination by You 

You may terminate your account at any time. If you terminate your subscription before the end of a billing cycle, you will not receive a refund for the remaining period. 

9.2. Termination by Us 

We may suspend or terminate your access to the Platform for any reason, including violation of these Terms or non-payment of Subscription Fees. Upon termination, your access to the Platform will cease immediately. Suspension or termination of access due to violation of these Terms will not receive a refund.  

  1. Modifications to the Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Platform. Your continued use of the Platform constitutes acceptance of the updated Terms. Existing users will be notified of the updated terms by the contact details we hold on record at the time of the update. 

  1. Governing Law and Dispute Resolution

11.1. Governing Law 

These Terms shall be governed by and construed in accordance with the laws of England and Wales. 

11.2. Dispute Resolution 

Any disputes arising from or related to these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales. 

  1. Miscellaneous

12.1. Entire Agreement 

These Terms, together with our Privacy Policy and any additional terms specific to certain features of the Platform, constitute the entire agreement between you and us regarding your use of the Platform. 

12.2. Severability 

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

12.3. Waiver 

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. 

12.4. Contact Information 

If you have any questions regarding these Terms, please contact us at [email protected] 

  1. AI Usage Disclaimer

13.1. AI-Based Analysis and Recommendations 

Our Platform includes AI-driven tools that analyze client-provided data to generate content based on your existing documents. The AI is designed to assist in the ESG certification process by reading, interpreting, and providing responses based on the data you provide (“AI Services”). 

13.2. Accuracy and Limitations 

The AI Services are intended to assist in decision-making but are not guaranteed to be completely accurate, error-free, or comprehensive. The AI’s output is based on the data you submit, and its interpretations are limited to the information provided. You acknowledge that the AI’s assessments and recommendations should be used as a guide and not as definitive advice. 

13.3. User Responsibility 

You are solely responsible for any decisions made based on the AI Services. We strongly recommend conducting your own review and seeking independent expert advice when making decisions related to ESG certification. 

13.4 Data Privacy and AI Processing 

By using the AI Services, you consent to the processing of your data by our AI systems. The data will be used solely to generate assessments and answer questions, and will be handled in accordance with our Privacy Policy. 

13.5. AI-Generated Content 

The content generated by our AI, including interpretations, analyses, and recommendations, may not be completely accurate or free from bias. We disclaim all liability for the consequences of actions taken based on AI-generated content. 

13.6. Disclaimer of Liability for AI Services 

To the maximum extent permitted by law, we shall not be liable for any losses, damages, or consequences arising from the use or reliance on AI-generated content. The AI Services are provided “as is,” and we do not warrant that they will meet your specific needs or expectations. 

13.7. Continuous Improvement and Changes 

We are constantly improving our AI technology and may modify, update, or discontinue aspects of the AI Services without notice. Any changes will be aimed at enhancing functionality, performance, or accuracy.