Kineto Subscription Terms of Service

Version 1.0, effective as of November 24, 2025

Welcome to Kineto!

1. Introduction

These Kineto Terms of Service (“Terms”) are entered into between KINETO LIMITED, a company with its registered office address at Alpha House, 100 Borough High Street, London, United Kingdom, SE1 1LB, Company number 16807588 (“We”, or “Us” or “Our”) and you, either being (a) an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession (a “Consumer”); or (b) an individual or legal entity acting for purposes relating to your trade, business, craft or profession (a “Business User”), (“You”).

By accepting these Kineto Terms of Service, You confirm that You understand them, agree to them, and are at least 18 years of age. If You are acting on behalf of Your employer or another business when You access and use Kineto (as defined below), You represent and warrant that You have full legal authority to bind Your employer or that business, and that You agree to these Terms on behalf of the business that You represent.

2. Definitions

“AI Service Provider” means a third-party artificial intelligence model service provider used by Us to generate Outputs.

“Confirmation” means an email confirming Your rights to use Kineto and containing important information about Your Subscription.

“Data” means any User’s data that is transferred to, processed by, or otherwise used in Your Output.

“Documentation” means the latest versions of all online Kineto technical documentation available at Kineto Website and any other relevant Kineto policy available on the Kineto Website that applies to Kineto.

“Initial Term” means the first month of a Subscription.

“Input” means any instruction, source code snippet, text, or other information sent by You to Kineto in order to generate the Output.

“Acceptable Use Policy” means Kineto Acceptable Use Policy available at https://kineto.dev/legal/acceptable-use ↗.

“Kineto Website” means the Kineto product website at https://kineto.app ↗, https://kineto.dev ↗ and any other website operated by Us.

“Kineto” means Our service known as Kineto. Kineto includes (a) the hosted service enabling generation and hosting of Outputs, (b) Outputs hosted by Us (c) the Documentation, (d) updates to Kineto, and (e) incorporated Third-Party Software.

“Output” means a website or other application generated by Kineto based on Your Inputs.

“Renewal Period” means each successive month following the Initial Term until the relevant Subscription contract is terminated in accordance with these Terms.

“Subscription” means Your right to use Kineto according to these Terms.

“Subscription Fees” means the recurring monthly charges payable by You under a Subscription.

“Subscription Period” means the Subscription period described in Your Confirmation.

“Third-Party Software” means any third-party software program that is owned or licensed by someone other than Us.

“Usage Data” means the technical information when You and Your Users use the service, such as logs, performance details, and usage data. Usage Data does not include the content of Your Inputs, Outputs and Data.

“User” means You and any individual (including public) to which You make Kineto or any of Your Outputs available for use.

3. Subscription, Rights, and Responsibilities

3.1. Subscription. In order to use Kineto, You must have a Subscription. Your Subscription gives You the royalty-free, non-exclusive, revocable, conditional right to use Kineto during the Subscription Period as specified in Documentation and subject to certain limits and quota, that are described for Your Subscription on Kineto Website. We may limit Your access to Kineto if You exceed the limits of Your Subscription or the internal limits for the fair use.

3.2. Automatic Renewals. If You purchase a monthly Subscription, the Subscription Period will renew automatically for an additional month, unless You opt out from the automatic renewal in Your account before the end of the current Subscription Period. By way of example only, if You purchase a Subscription on the 5th of a calendar month, then the Initial Term shall run from that date to (and including) the 4th of the following calendar month, and each Renewal Period shall then begin on the 5th day of each successive calendar month. You can opt out of the automatic renewal of Your Subscription or activate it in Your account at any time. If You remove the payment method used for the purchase of Subscription that should be renewed, the automatic renewal will be also disabled until You decide to activate it.

3.3. Your Responsibilities. You are responsible for:

(a) creating and maintaining Your account and for all activity under it, including managing the permissions You grant to Your Users and ensuring their compliance with these Terms. If You become aware that any User has breached these Terms, You must promptly revoke that User’s access to Kineto;

(b) keeping Your usernames, passwords, and other credentials confidential and secure;

(c) using Kineto by You and Your Users in accordance with the Documentation, the Acceptable Use Policy, and the Restrictions set out in Section 3.4.;

(d) maintaining the internet connection and devices necessary to access and use Kineto. You are solely responsible for the reliability and security of Your network connection;

(e) Your Inputs and deciding which of them to submit to Kineto, whether the resulting Outputs meet Your requirements and how they will be used by You and Your Users. You are responsible for ensuring that such use is lawful and for all legal consequences arising from Your Inputs, Outputs, and any Data You store or process through Kineto. If You become aware that any of Your Inputs, Outputs, or Data breach these Terms, applicable law, or the rights of any third party, You must promptly remedy the situation;

(f) using Outputs together with any third-party products, services, or integrations. You are responsible for that relationship and for ensuring those third-party services operate securely and lawfully with Kineto. We are not responsible for any disclosure, modification, or deletion of Your Data resulting from access by such third-party services;

(g) deciding which Outputs You make publicly available and for any materials and data that will be publicly available in the final version of the Output.

(h) any interactions with Users of the Output from the public (users, customers, consumers, etc.), including ensuring that the Output contains all necessary legal documentation (such as the EULA, privacy notice, and similar documents, etc.) and that You obtain all consent of the Users necessary to grant them access to the Output and process their data.

(i) ensuring that You and Your Users use Kineto in compliance with these Terms and all applicable laws and regulations.

3.4. Restrictions. You must not, and You must ensure that Your Users do not:

(a) use Kineto in any way that avoids or attempts to avoid paying the applicable fees described in Section 6;

(b) attempt to access, analyze, or extract any underlying source code, algorithms, or structure of Kineto, except to the extent that applicable law expressly permits despite this restriction;

(c) interfere with the normal operation of Kineto, or use Kineto (including any data or results generated by it) to build, train, or benchmark a similar or competing product or service;

(d) use Kineto to upload, store, share, or otherwise transmit any content that is illegal, infringing, defamatory, or otherwise violates the rights, including the privacy or intellectual-property rights, of others;

(e) do any act or thing that might damage, disrupt or otherwise interfere with the operation of Kineto or the service or any equipment, network or software used in operating Kineto;

(f) resell, sublicense, distribute, or otherwise provide Kineto, or access to Kineto (other than Your Outputs), to any third party without Our express written consent; or

(g) attempt to gain unauthorized access to Kineto or any related systems, bypass usage limits, or use automated tools, scripts, or similar mechanisms in a way that interferes with Kineto’s operation or security.

3.5. Our Responsibilities. We will make commercially reasonable efforts to make Kineto available to You. Kineto may be unavailable during planned downtime which may be communicated to You with prior notice (including for maintenance, updates, or upgrades), failures or delays caused by internet service providers or large language model providers, or any circumstances beyond Our reasonable control (see the ‘Force Majeure’ Section).

(i) We do not guarantee that the Kineto Website will be totally secure or free from bugs or viruses. You are responsible for configuring Your information technology, computer programmes and platform in order to access the Kineto Website and We recommend that You use Your own virus protection software. You must not misuse the Kineto Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Kineto Website, the underlying code to any AI tool used on the Kineto Website, the server on which the Kineto Website is stored or any server, computer or database connected to the Kineto Website. You must not attack the Kineto Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Kineto Website will cease immediately.

(ii) Kineto (including any generated Outputs) is provided to You on an “as is” and “as available” basis. You use it at Your own risk. We make no express warranty regarding Kineto or any Outputs generated by it, and do not represent or warrant that Kineto or any Outputs are accurate, reliable, or correct. We do not guarantee that we will provide any updates, whether necessary or otherwise, to Kineto, and You expressly agree to this.

4. Intellectual Property Rights and Ownership

4.1. Our Rights. We are the owner or licensee of all intellectual property rights in Kineto, any underlying source code or artificial intelligence tool, and its content, the Kineto name and mark and Kineto product names and images. This includes all Kineto-related copyrights, trademarks, patents, and other registered or unregistered intellectual property. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved. With the exception of the license granted to You under these Terms, nothing in these Terms grants, by implication or otherwise, to You or any third party any intellectual property rights or other right, title, or interest in or to the Kineto or any other intellectual property. You are not granted any right to use, and may not use, any of Our intellectual property rights other than as set out in these Terms. No part of the Kineto website or service, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without Our prior written consent. You agree that You have no right to have access to Kineto or any Output in source-code form.

4.2. You Own Your Inputs and Data. As between You and Us and to the extent permitted by applicable law, You own Your Inputs and Data and keep all proprietary rights, including intellectual property rights, to them. Every time You submit an Input or Data to Kineto, You confirm that You have the right to submit the Input and the Data and understand that You are doing so at Your own risk and that You are solely responsible for this step and all consequences of its use in Kineto.

4.3. Your Rights to Outputs. For the duration of Your Subscription, We grant You the right to use Your Outputs inside the Kineto service and make such Outputs available for use to Users selected by You. Your right to use Your Outputs is granted as exclusive, so that We will not grant the right to use Your Outputs to anyone else. However, You acknowledge that Outputs are generated as a non-exclusive response to Your Inputs, so the same or similar outputs can also be generated for other Kineto customers based on their inputs.

4.4. Feedback. Any communications or materials You send to Us through the Kineto platform by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of Your order if You purchase a Subscription from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing Us and Our products.

4.5. Third-Party Software. You understand that Kineto integrates Third-Party Software and that by using Kineto You might be using Third-Party Software available at kineto.dev/legal/oss.

5. Access to Your Inputs, Data, and Outputs

5.1. Permissions Necessary for Service Provision. If You use Kineto, You give Us permission to process, host, store, copy, modify, and display Your Inputs, Outputs, and Data that You submit to Kineto for the purpose of operating, maintaining, and improving the Kineto service. If You decide to delete the Output, We will remove it unless We are required to store it according to the applicable law or to protect our legitimate interest under these Terms.

5.2. Usage Data. We may analyze aggregated or anonymized Usage Data, which does not include identifiable Inputs, Outputs, or Data, to understand usage patterns and improve Our products and features.

5.3. Access For Security or Legal Compliance Reasons. To the extent necessary for security, maintenance, or legal compliance, Your Inputs, Outputs, and Data may be accessed or reviewed by Us where We or Our subcontractors reasonably believe it is necessary to prevent, detect, or investigate violations of these Terms or, security incidents, or service disruptions, maintain the confidentiality, integrity, availability, performance, or resilience of Kineto and Our systems or comply with applicable law, binding legal order, or regulatory requirement.

5.4. Engagement of Third-Party Language Model Service Providers. We reserve the right to use AI Service Providers listed at https://kineto.dev/legal/third-party ↗ to provide Kineto to You. You give Us permission to process Your Inputs and Outputs that We select and to share them with these AI Service Providers for the purpose of providing the Outputs. We will ensure that all AI Service Providers commit not to use Your Inputs and Outputs, for the training of their AI models at least to the same extent as We commit not to do so under these Terms. You agree that We may engage a new AI Service Provider at any time and change the list on the Kineto Website referenced above.

5.5. Data Collection and Use. We may analyze aggregated or anonymized Usage Data, which does not include identifiable Inputs, Outputs, or Data, to understand usage patterns and improve Our products and features. Kineto collects in the default mode also the data related to Your interaction with Kineto, including Inputs and Outputs. You agree that by Your decision to use Kineto with the activated data collection, You give Kineto a consent to collect the data and use it to analyze Your use of Kineto and to improve Our products and services. You can deactivate collection of this type of data by sending Us an email to: privacy@kineto.app ↗.

5.6. Publishing of the Output. If You decide to make the access to Your Outputs publicly available, You authorize Us to display the Output to the public. For avoidance of doubt, in that case, We will act as a provider of a hosting service with respect to such Outputs and You remain solely responsible for the content published in the Output.

6. Fees and Payments

6.1. Subscription Fee and Billing. If You select a paid Subscription, You agree to pay Subscription Fees based on the pricing set out on the Kineto Website and in these Terms, and We will charge You as stated in this Section. You shall pay to Us the Subscription Fee for the Initial Term and each subsequent Renewal Period upfront at the start of that Initial Term or Renewal Period (as applicable).

6.2. Payment Terms. You authorize Us to charge Your Payment Method for the Subscription Fee on a recurring, automatic monthly basis. You agree that the payment card is, and will continue to be, for an account that You own or that You are otherwise legally authorized to use, and that You will maintain sufficient availability under Your credit card limit, or sufficient funds in the account linked to Your debit card, as applicable, to make recurring payments. You cannot deduct or set off any amount from the fees that You have to pay Us, even if We owe You an amount or You believe We owe You an amount

6.3 Payment Methods: You shall pay for the Subscription Fee using one of the payment methods set out in the subscription sign-up journey (the “Payment Methods”). You confirm that the card or bank account which is being used is yours, or that You have the authorisation of the account holder to use it. If You use a Payment Method which You are not authorised to use, You will be liable to Us for any losses that We suffer as a result of Your use of that Payment Method.

6.4. Pricing Correction. We take reasonable care to ensure that the Subscription Fee stated for the Subscription is correct at the time when the relevant information was entered into the system. However, it is always possible that, despite Our reasonable efforts, some of the subscription purchasing options on Kineto may be incorrectly priced. If the correct price for the Subscription is higher than the price stated on Kineto’s website, We will contact You as soon as possible to inform You of this error and will give You the option of continuing to purchase the Subscription at the correct price or cancelling the order. If We are unable to contact You using the contact details You provided during the sign-up process, We will treat the Subscription as cancelled and notify You in writing. However, if We mistakenly accept and process the Subscription request where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, We may cancel the Subscription and refund You any sums You have paid.

7. Support

Your Subscription includes the support outlined on the Kineto Website (“Support”). We will provide Support only to the extent required for You to use Kineto in accordance with the Documentation. You can request Support by submitting a Support ticket at any time. We will try to respond to Your request in a reasonable timeframe. We can resolve a Support request by deciding in Our sole discretion to implement a publicly available patch, upgrade, or release in the future; by choosing to modify certain features, functionality, or settings; by providing necessary Support information; or by remaining inactive. If You decide to submit Data to Us as part of Your Support request, We will keep it confidential. By providing Data, You give Us the necessary rights to access, view, store, and analyze it in the context of providing You with Support.

8. Indemnification

This section 8 only applies to Business Users. This section will not apply to Consumers.

8.1. Your Indemnity. You will indemnify, defend, and hold harmless Us, Our affiliates, and the AI Service Providers connected to Kineto, as well as the respective owners, directors, employees, agents, and representatives of each of the forgoing, from and against any claims, damages, losses, liabilities, or expenses (including reasonable attorney fees) that arise from or relate to any of the following (“Claims”):

(a) Your or Your Users’ access to or use of Kineto, including all activities under Your account and actions taken by Your Users;

(b) any breach of these Terms (including the Acceptable Use Policy) by You or Your Users;

(c) Your Inputs, Outputs, or Data, or their combination with other data, infrastructure, or processes. This includes any allegation that Your Inputs, Outputs, or Data, or their use, development, design, production, advertising, or marketing, infringe the rights of a third party or misappropriate their intellectual property; or

(d) any dispute between You (or Your Users) and any third party,

in each case save to the extent caused by Our breach of these Terms.

8.2. Indemnification Procedure. We will promptly notify You of any Claim that We become aware of. Your indemnification obligations will not be affected unless Our delay in providing notice materially affects Your ability to defend the Claim. You may conduct the defense of the Claim using counsel of Your choice, subject to Our prior written consent. You may not settle any Claim without Our prior written approval unless the settlement unconditionally releases Us (and any indemnified party) from all liability and does not impose any obligation on Us. We reserve the right, at any time, to assume exclusive control of the defense and settlement of any Claim at Our own expense.

9. Warranty Limitation

This section 9 only applies to Business Users. This section will not apply to Consumers.

9.1. No Express Warranty. Kineto (including any generated Outputs) is provided to You on an “as is” and “as available” basis. You use it at Your own risk. We make no express warranty regarding Kineto or any Outputs generated by it, and do not represent or warrant that Kineto or any Outputs:

(a) are accurate, reliable, or correct;

(b) will meet Your requirements or expectations;

(d) will be free of defects or errors, or that any defects will be corrected; or

(e) will be free of viruses or other harmful components.

9.2. Disclaimer of Warranties. To the maximum extent permitted by applicable law, We disclaim all warranties and conditions, whether express, implied, statutory, or otherwise (including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement) with respect to Kineto and any related support, updates, or upgrades.

9.3. No Rights from Defective Performance. To the maximum extent permitted by applicable law, You acknowledge that You have no rights or remedies arising from defective performance of Kineto, and You waive all statutory rights that may otherwise apply.

10. Liability

10.1. Nothing in these Terms excludes or limits Our liability for death or personal injury caused by Our negligence, fraud or fraudulent misrepresentation, and any matter in respect of which it would be unlawful for Us to exclude or restrict Our liability.

10.2. The Kineto Website may contain links to third party websites. You are responsible for deciding whether to access a third party website and Your use of third party websites will be governed by the terms and policies of that third party website. We assume no responsibility for the content of websites linked to from the Kineto Website (including links to Our commercial sponsors and partners). Such links should not be interpreted as endorsement by Us of those linked websites. We will not be liable for any loss or damage that may arise from Your use of them.

10.3 You acknowledge and agree that the Kineto Website may submit Your Input to an AI Service Provider to provide Outputs based on the Inputs You upload to the Kineto Website. You are responsible for checking the accuracy of any Inputs and We shall have no liability to You (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for the provision of any Output by an AI Service Provider.

10.4 If You are a Business User, then subject to section 10.1.:

(a) in no event shall We be liable to You for any loss of profits, loss of revenue, loss of contracts, failure to realise anticipated savings or for any indirect or consequential loss or damage to property, whether arising from negligence, breach of contract or otherwise; and

(b) Our total liability to You for any loss or damage arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to £100.

10.6. If You are a Consumer then, save as set out in Section 10.1., the following sub-clauses apply:

(a) If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of these Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of Our breach or if it was contemplated by You and Us at the time that You accessed the Kineto Website.

(b) Nothing in these Terms affects Your statutory rights. Advice about Your statutory rights is available from Your local Citizens’ Advice Bureau or Trading Standards Office.

(c) You agree, if You are acting as a Consumer, not to use the Kineto Website, or any content on the Kineto Website (including any Outputs), for any commercial or business purposes and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

(d) Notwithstanding section 10.6.(i), and save as set out in section 10.6.(ii), Our total liability to You for any loss or damage arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to the applicable Subscription Fee.

11. Temporary Suspension

We can immediately suspend Your or Your Users’ right to use all or part of Kineto, if We have a good reason to (‘reasonably’) believe that:

(a) Your or Your Users’ use of Kineto may adversely affect or pose a security, privacy, or legal risk to Kineto, to Us, or to any other person;

(b) You have ceased operating in the ordinary course of business, assigned Your assets for the benefit of creditors, or are subject to bankruptcy, reorganization, liquidation, dissolution, or similar proceedings; or

We will make reasonable efforts to notify You of any suspension. Suspensions are temporary; however, if the reasons for suspension are not resolved within a reasonable period, We may terminate these Terms (see the ‘Term and Termination’ Section).

12. Term, Termination, Cancellation and Refunds

12.1. Term. These Terms take effect when You click “I Accept” or otherwise agree to be bound by them. They continue for an indefinite period, unless terminated or cancelled earlier by either You or Us as described in these Terms.

12.2. Termination by You.

You may terminate Your Subscription (and Your agreement to these Terms):

(a) if We materially breach them and fail to remedy the breach within thirty (30) days after We receive Your notice describing the breach (which must be sent in accordance with section 14). If You terminate these Terms under this Section, We will refund any Subscription Fee covering the unused portion of Your Subscription Period after the effective date of termination; or

(b) for convenience by deleting Your account in Kineto. In this case, You are not entitled to any refund of Subscription Fees already unless You have such a right based on the applicable laws..

12.3. Termination by Us. We may terminate these Terms and Your Subscription if:

(a) You materially breach these Terms and fail to remedy the breach within thirty (30) days after receiving written notice;

(b) You fail to make timely payment of Subscription Fees in accordance with Section 6 of these Terms;

(d) We elect to discontinue providing Kineto, in whole or in part;

(e) Your account did not have a paid Subscription for at least three (3) consecutive calendar months; or

We will make reasonable efforts to notify You by email (sent to the billing or technical contact provided by You) at least thirty (30) days before termination in the cases described in Sections 12.3.(c) and 12.3.(d). In such cases, You will receive a refund of any unused prepaid Subscription Fees, if applicable.

In the cases described in Sections 12.3.(b) and 12.3.(e), We will make reasonable efforts to notify You at least three (3) days before termination. If these Terms are terminated because of Your breach, no refund will be provided.

12.4. Effect of Termination or Expiration. Upon the expiration or termination of these Terms, Your Subscription and all rights and licenses granted to You will immediately cease, and You will no longer have any right to access or use Kineto and use the Outputs. However, Sections 4.(d), 4(e), 6, 8, 9, 10, 13, and 16 of these Terms will continue to apply after termination or expiration.

13. Marketing

If You are a Business User, You grant Us permission to publicly identify You as a customer and to use Your name, trade name, logo, and trademarks to refer to You in marketing materials, on the Kineto Website, and in other public communications, solely for marketing purposes. This permission is worldwide, royalty-free, and does not require any additional approval or compensation.

14. Notices

14.1. Notices from You. If You need to give Us notice under these Terms, You may do so:

(a) by email to legal@kineto.app ↗. The notice will be deemed received on the next business day after You send it, provided You do not receive a delivery failure notification; or

(b) by courier or registered post at Our registered address.

14.2. Notices from Us. We may give You notice by posting information on the Kineto Website, by email to the address associated with Your Subscription or Confirmation, or by any other reasonable means. The notice will be deemed received on the next business day after We send it or, for notices posted on the Kineto Website, on the date specified there. You are responsible for keeping Your contact information up to date, monitoring communications from Us, and checking the Kineto Website for any notices or updates.

15. Export Control Laws

15.1. Export Control Compliance. You must comply with all applicable laws and regulations with regard to economic sanctions, export controls, import regulations, restrictive measures, and trade embargoes (all herein referred to as “Sanctions”), including those of the European Union and the United States. You declare and warrant that You are not a person targeted by Sanctions, nor You are otherwise owned or controlled by or acting on behalf of any entity or person targeted by Sanctions. You agree that You will not make Kineto (including the generated Outputs) or any related technical data directly or indirectly to any person targeted by Sanctions or otherwise use it for any end use prohibited or restricted by Sanctions.

15.2. Reporting of Non-Compliance. You must immediately report any concerns of non-compliance regarding Sanctions to legal@kineto.app ↗ and cooperate with Us in Our efforts to verify and ensure compliance with Sanctions.

16. General

16.1. Reservation of Rights. We reserve the right at any time to cease Our support of Kineto and to alter prices, features, specifications, capabilities, functions, terms of use, release dates, general availability, and other characteristics of Kineto.

16.2. Changes. We may make changes to these Terms from time to time (if, for example, there is a change in the law that means We need to change these Terms. From time to time, We may ask You to accept the updated version of these Terms (“Updated Terms”) in connection with new versions, features, updates, enhancements, or other changes to Kineto or how We offer Kineto to users. If You have a Subscription, We will provide You with a reasonable advance notice (unless the change is due to a change in law or for security reasons of any changes to the Terms either by displaying it to You in the Kineto, in Your account, or by sending the Updated Terms to the email address used in Your account. By accepting the Updated Terms or by continuing to use the Kineto after the effective date specified in the notification, You agree to be bound by the Updated Terms instead of these Terms. We respect that You may not agree to the Updated Terms. If that is the case, You can withdraw from these Terms before the effective date of the change by deleting Your Kineto account according to Section 12.2.

16.3 Other important information. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect. If We fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.

16.4. No Assignment. You may not assign or otherwise transfer any right or obligation under these Terms or these Terms themselves to a third party without Our prior written consent.

16.5. Force Majeure. We will not be liable for any delay or failure to perform any obligation under these Terms that results from a cause beyond Our reasonable control. Such causes may include natural disasters, employment disputes or other industrial disturbances, failures of electrical, telecommunications, or other utility systems, public health emergencies, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. Our obligations will resume once the cause of the delay or failure has been removed.

16.6. Personal Data. Any information directly or indirectly identifying an individual or other data protected under an applicable law as personal data (“Personal Data”), that We will process on Your behalf in connection with these Terms, will be processed in accordance with the Data Processing Addendum at https://kineto.dev/legal/dpa ↗ which is a part of these Terms. We may also process some of Your Personal Data in connection with these Terms in Our capacity as a data controller in accordance with Our Privacy Notice at https://kineto.dev/legal/privacy-notice ↗.

16.7. Relationship. Your relationship with Us is that of independent parties. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, employment, or any other type of relationship.

17. Governing law and Jurisdiction

17.1. Governing Law. These Terms are governed by English law. This means that Your access to and use of the Kineto Website, Your Subscription, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.

17.2. Jurisdiction. You and We irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.

17.3. Special Provisions for Consumers

If You are a Consumer: (a) You can bring legal proceedings in respect of these Terms in the English courts. If You live in Scotland You can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If You live in Northern Ireland You can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts.

(b) If We direct the Kineto Website to (and/or pursue Our commercial or professional activities in relation to Kineto and/or the Kineto Website in) the country in which You are resident, You will benefit from any mandatory provisions of the law of the country in which You are resident. Nothing in these Terms, including Section 17.1., affects Your rights as a Consumer to rely on such mandatory provisions of local law.