Terms of Service

Welcome to Kaiary, a privacy-first AI-powered family journaling application operated by Renji Labs, Inc. ("we," "our," or "us"). By creating an account, accessing, or using Kaiary (the "Service"), you agree to be bound by these Terms of Service ("Terms").

These Terms constitute a legally binding agreement between you and Renji Labs, Inc. If you do not agree to these Terms, do not use the Service.

Our Privacy Policy, available at kaiary.ai/privacy and within the app, explains how we collect, use, and protect your information. By using Kaiary, you also agree to our Privacy Policy.

You must be at least 18 years of age to create an account and use Kaiary. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

While Kaiary is designed for families to preserve memories including content featuring children, only adults may create and manage accounts. Parents and guardians are responsible for all content involving minors that is uploaded to their family accounts.

To use Kaiary, you must create an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your contact information remains accurate and up-to-date

You may not share your account credentials with others or allow multiple people to use a single account. Each user must have their own account.

Kaiary offers subscription plans that provide access to subscription features, including AI-powered illustrations and enhanced storage.

Payment Processing: All payments are processed through Apple App Store (iOS) or Google Play Store (Android). Your payment will be charged to your app store account upon confirmation of purchase.

Automatic Renewal: Subscriptions automatically renew at the end of each billing period (monthly or annual) unless you cancel at least 24 hours before the renewal date.

Cancellation: You may cancel your subscription at any time through your app store account settings. Cancellation takes effect at the end of the current billing period. You will retain access to subscription features until your subscription expires.

Refunds: Refund requests are handled by Apple or Google according to their respective refund policies. We do not process refunds directly.

Price Changes: We may change subscription prices with at least 30 days' notice. Price changes take effect at your next renewal date after the notice period.

We may offer free trial periods for new subscribers. Trial terms will be disclosed at sign-up.

At the end of a free trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends. One free trial per account; creating multiple accounts to obtain additional trials is prohibited and may result in account termination.

Kaiary is free to use for keeping your family’s memories. The Kaiary Family subscription adds features for the whole household, such as AI-described photos, storybook illustrations, Ask Kaiary, longer videos, storage beyond the free allowance and content from invited family members.

One subscription covers the family. It is billed to the account of the family owner who purchased it and applies to every member of that family.

If your subscription lapses, everything your family has added stays in Kaiary and remains yours to view, download and export. The family keeps what it has; only the subscription features pause until the subscription is renewed.

You retain full ownership of all content you upload to Kaiary, including photos, videos, memories, audio recordings, and other materials ("User Content").

By uploading User Content, you grant Renji Labs, Inc. a limited, non-exclusive license to:

• Store and process your content on our servers
• Display your content to you and authorized family members
• Use your content to provide Service features (such as AI processing for illustrations), including processing by the third-party AI service providers identified in our Privacy Policy, solely on our behalf and under agreements that prohibit training on your content and strictly limit how long it may be retained
• Create backups for disaster recovery

This license is solely for operating and improving the Service. We do not sell your content, use it for advertising purposes, or permit any AI provider to use it to train AI models.

You represent and warrant that you have all necessary rights to upload your User Content and that it does not violate any third party's rights.

Kaiary uses AI technology to generate illustrations and other content based on your memories and photos ("AI-Generated Content"). Illustration and likeness features may use selected photos, video stills, cropped portraits, and generated illustrations as reference images, as described in our Privacy Policy. AI features may run on our own AI systems or on the third-party AI service providers identified in our Privacy Policy; in every case, your content is never used to train AI models, and no provider retains it beyond the limited retention periods described in our Privacy Policy.

You receive a license to use AI-Generated Content for personal, non-commercial purposes, including:

• Viewing and sharing within your family account
• Downloading for personal use
• Printing for personal display

AI-Generated Content:

• Is provided "as is" without guarantees of accuracy or suitability
• May not be used for commercial purposes without separate agreement
• Remains subject to intellectual property rights in the underlying AI models

We make no representations about the accuracy, completeness, or reliability of AI-Generated Content. AI outputs may contain errors or inaccuracies.

A separately chosen storybook photo is an illustration reference, including where recognition is unavailable. You must have the rights and permissions to use that person’s photo for this purpose, including parent or guardian permission for a child. The separate photo-use acknowledgment does not grant another adult’s biometric consent or enroll anyone in recognition. You control reference removal and future portrait reuse as described in the Privacy Policy.

Kaiary allows you to create family groups and invite members to view and contribute content.

As a family owner:

• You control who can join your family group
• You are responsible for content shared within your family
• You can manage member permissions and remove members
• You may designate co-owners with similar administrative rights

As a family member:

• You must have permission from the family owner to join
• Content you contribute may be visible to other family members based on visibility settings
• You may leave a family group at any time

All family members must comply with these Terms.

Facial recognition is a separate, optional family feature. Each adult must approve their own enrollment; only a parent or legal guardian may approve for a child. Do not treat family ownership, an invitation to the journal, or acceptance of these Terms as another person’s biometric permission. Do not enroll unrelated people or misrepresent identity, age or guardian authority. Declining recognition does not prevent importing photos or adding names manually. Recognition results can be wrong and should be corrected when noticed. See the Privacy Policy for temporary discovery, group-photo comparisons, regional setup, retention and withdrawal.

You agree not to use Kaiary to:

• Upload, share, or create content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable
• Upload content depicting child exploitation or abuse
• Impersonate any person or entity
• Violate any applicable laws or regulations
• Infringe upon intellectual property rights of others
• Attempt to gain unauthorized access to the Service or other users' accounts
• Transmit viruses, malware, or other harmful code
• Interfere with or disrupt the Service or servers
• Use the Service for any commercial purpose without authorization
• Create multiple accounts to abuse free trials or promotions
• Circumvent any technical measures we use to provide the Service

We reserve the right to remove content and terminate accounts that violate this policy.

The Kaiary name, logo, user interface, and all related trademarks, service marks, and trade dress are the property of Renji Labs, Inc. You may not use our marks without prior written permission.

The Service, including its design, features, and content (excluding User Content), is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service.

Copyright Complaints: If you believe content on Kaiary infringes your copyright, please contact us at [email protected] with a detailed description of the alleged infringement.

Kaiary is available through Apple App Store and Google Play Store. Your use of the Service is also subject to their respective terms and conditions:

• Apple App Store Terms of Service (for iOS users)
• Google Play Terms of Service (for Android users)

In case of conflict between these Terms and app store terms regarding in-app purchases, the app store terms shall govern payment-related matters.

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, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• AI-generated content will be accurate, complete, or suitable for any purpose
• Any defects will be corrected
• The Service will meet your specific requirements

You use the Service at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RENJI LABS, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Unauthorized access, use, or alteration of your content
• Any AI-generated content or its use

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

You agree to indemnify, defend, and hold harmless Renji Labs, Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any third-party rights

You may terminate your account at any time through the app settings or by contacting us at [email protected].

We may suspend or terminate your account if:

• You violate these Terms or our Acceptable Use Policy
• You fail to pay subscription fees
• We are required to do so by law
• We discontinue the Service

Upon termination:

• Your right to use the Service ceases immediately
• We will delete your data within 30 days, unless retention is required by law
• Provisions that by their nature should survive termination will survive (including Disclaimers, Limitation of Liability, and Dispute Resolution)

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules.

Class Action Waiver: YOU AND RENJI LABS, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.

Small Claims Court: Notwithstanding the above, either party may bring an individual action in small claims court for disputes within that court's jurisdiction.

30-Day Opt-Out: You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms. The notice must include your name, address, and a clear statement that you wish to opt out of arbitration.

Governing Law: These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of laws principles.

Venue: For any matters not subject to arbitration, the exclusive venue shall be the state and federal courts located in Delaware.

We may modify these Terms from time to time. When we make changes:

• We will update the "Last Updated" date at the top of these Terms
• For material changes, we will provide notice through the app or by email
• When renewed acceptance is required, we ask you to review and accept the revised Terms before affected features continue

If you do not agree to modified Terms, you must stop using the Service and may request account deletion.

For questions about these Terms of Service:

Email: [email protected]

For privacy-related inquiries:
Email: [email protected]

Mail:
Renji Labs, Inc.
2093 Philadelphia Pike #6689
Claymont, DE 19703

By creating an account or using Kaiary, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.