Terms of Service

By using Confinity's services, you agree to these Terms of Service. If you do not accept these Terms, do not register for an Account, or purchase, access, or use the Confinity Services in any way.

Introduction

Confinity provides AI and machine learning services software and support through our platform and other related websites, forums, communities, events, applications, services, software, and personnel (collectively the “Services”). The individuals or organizations which purchase access or use the Services are referred to as “Customer,” “you,” or “your”.

Account and Eligibility

1.      Account Creation and Maintenance

To use the Services, all users, regardless of their level of access or permissions, must register a user account (“User Account”) and agree to be bound by these Terms. By creating a User Account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are under 18, you must have the consent of a parent or legal guardian to use the Services.

2.      Security and Responsibility

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

3.      Executors and Account Management

When users create a profile and start connecting with family members, they have the option to assign an executor for the account under settings. This executor is a family member assigned to manage the user's account in the event of death or incapacitation. Executors will contact Confinity to update the company of the user's status with a death or medical certificate. Confinity will then perform a verification, and if there is no dispute or contact within 30 days, account management will pass to your selected executor. If no executor is chosen, the user account and the profile and memories will remain in the system.

4.      Family & Friends Connections and Privacy

Confinity is a platform for family members & friends to connect with each other. When you add a new connection, you also agree to be connected to their connections and family members, expanding the ecosystem. You agree that additional and extended family members may view your information and libraries in the future unless you adjust your privacy settings under your account and library album/memories.

5.      False Information and Termination

Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account if we determine that you have violated any provision of these Terms or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for these reasons, you may not re-register for our Services.

 

Fees, Auto Renewal, and Payment

1.      Payment Obligations

Customers are required to timely pay all fees as determined by Confinity in its sole discretion (the “Fees”) by a valid payment method. Failure to pay Fees timely may result in suspension of your Account. All Fees are non-refundable unless otherwise specified.

2.      Auto-Renewal

Your subscription to our Services will automatically renew at the end of each term. The renewal term will be of the same duration as the initial subscription term unless otherwise specified. You authorize us to charge your payment method for the renewal term unless you cancel your subscription prior to the renewal date.

3.      Disputed Charges and Chargebacks

 In the event of a disputed charge, you must notify us within 30 days from the date of the charge. We will investigate the matter and, if we determine that the charge was made in error, we will issue a credit to your account. Chargebacks initiated by your payment method provider will result in the immediate suspension of your account until the matter is resolved.

4.      Non-Refundable Fees

Except as expressly provided in these Terms, all Fees are non-refundable. This includes, but is not limited to, cases where the Services are not used during the period for which they were paid.


Customer Content

1.      Definition and Ownership

“Customer Content” means text, data, information, designs, photos, images, media files, voice recordings, logos, or any other content transmitted, stored, or otherwise processed by or on behalf of the Customer through the Services. You retain all rights to and ownership of your Customer Content.

2.      License to Confinity

By uploading Customer Content to our Services, you grant Confinity a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute your Customer Content for the purpose of operating and improving the Services.

3.      Responsibility for Content

You are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content on the Services submitted or created using our Services by you.

4.      Permissions and Restrictions

You grant us permission to access, copy, distribute, store, transmit, reformat, display, and perform the Content of your user account solely as required for the purpose of providing the Services to you. Unless specifically permitted by you, your use of the Services does not grant us the license to use, reproduce, adapt, modify, publish, or distribute the Content created by you or stored in your user account for commercial marketing or any similar purpose.

5.      Download and Deletion of Content

Users have the ability to download their “content” (images, video, audio files) from the service after it has been uploaded. Users also agree to grant permission to their connections to download their “content” including photos, videos, and audio files. You can delete content individually or all at once by deleting your account.

6.      Family Health Section

The family health section on user profiles is for users to share any relevant family health information which they think might be beneficial for their family and descendants. This could include blood type or if there’s a hereditary trait of something in the family to keep an eye out for, such as cancer. Users understand that this information will be visible to any family member they are connected to and so Confinity does not bear any responsibility for how this information is shared. Confinity also cannot verify the information in this section and takes no responsibility for the claims made, so users should ensure that they check and confirm these details with a qualified medical professional.

 The current Terms of Service for Confinity.com do not have a dedicated section specifically labeled "Data Retention." However, several parts of the documents mention aspects related to data retention and account deletion. Here is an integrated section on data retention based on the existing information:

Data Retention Policy

By using Confinity’s services, you agree to this Data Retention Policy as part of our Terms of Service. If you do not accept these terms, do not register for an account, or purchase, access, or use the Confinity services in any way.

1. Retention Periods

  • Inactive Accounts:

    • Free Accounts: Free accounts will be deleted after 24 months of inactivity. Users will be notified via email 30 days before the scheduled deletion to provide an opportunity to retain the account and preserve their data by signing in at least once during the period.

    • Premium Accounts: Data for premium accounts (including family subscriptions) will be retained permanently, with the following conditions:

      • Active Subscription: Users have full access to modify, edit, and upload content, provided it is within the subscription capacity.

      • Post-Subscription Expiration:

        • Initial 12-Month Period: Executors are notified and given the option to renew the subscription to maintain full access.

        • After 12 Months: Data will be compressed and archived to save storage space. Compressed data remains accessible indefinitely. If the total data size exceeds 500MB (free plan capacity), users will not be able to modify, edit, or upload new content unless the subscription is renewed.

      • Permanent Storage: Data will be permanently stored in a compressed format if an active subscription is not in place within 24 months after expiration. Users or executors can reactivate the subscription at any time to regain full resolution access and the ability to modify, edit, or upload new content.

2. User Content

  • Download and Deletion: Users and their designated executors have the ability to download content, including images, videos, and audio files, from the service at any time. Content can also be deleted individually or all at once by deleting the account.

  • Permissions and Access: Users can manage permissions and access settings for their content, allowing them to specify who can view, download, and share their memories and other data.

3. Data Removal Requests

  • Users or their designated executors may request the removal of their data at any time by contacting support. We will process these requests in compliance with applicable data protection laws and regulations.

4. Data Security

  • Confinity employs robust security measures to protect your data against unauthorized access, alteration, disclosure, or destruction. This includes encryption of data at rest and in transit, as well as regular security audits and updates to our systems and practices.

5. Compliance with Laws

  • Our data retention practices are designed to comply with applicable laws and regulations, including GDPR and CCPA. We are committed to upholding your rights to data privacy and protection.

6. Changes to This Policy

  • Confinity reserves the right to modify this Data Retention Policy at any time. Any changes will be posted on this page, and significant changes will be communicated to users via email. By continuing to use the services after such changes, you agree to be bound by the revised policy.

Customer Obligations and Acceptable Use

1.      Lawful Use

As a condition of your use of the Services, you agree to use the Services only for lawful purposes and to comply with these Terms, Privacy Policy, and all applicable laws and regulations. You also agree to respect the privacy and secure information of other users of the Services.

2.      Prohibited Actions

You agree not to, and shall not allow anyone else to, take any action or upload, download, post, submit, or otherwise distribute or facilitate the distribution of any Content, including without limitation your information on or through the Service that:

              i.          Includes anyone else’s identification documents or sensitive financial information.

              ii.          Infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other right of any other person or entity, or violates any law or contractual duty.

             iii.          Is false, misleading, untruthful, or inaccurate.

             iv.          Impersonates, intimidates, or harasses any person or entity, including any of our employees or representatives.

              v.          Constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail (“spamming”).

              vi.          Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.

3.      Compliance with Laws

You must comply with all applicable laws and regulations while using the Services. This includes laws regarding data privacy, intellectual property, and export control. Failure to comply with these laws may result in the suspension or termination of your account and access to the Services.

 

Property and Your License Rights

1.      Ownership

All rights, title, and interest in the Services are solely and exclusively owned by or licensed to Confinity The Services are protected by copyright, trademark, and other laws of the United Kingdom and other foreign jurisdictions. You acknowledge that the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

2.      Limited License

Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, fully revocable license to access and use the Services for the sole purpose of creating, managing, and operating your account. This license is granted for the duration of your subscription to the Services and will terminate upon the termination of your subscription.

3.      Restrictions

You may not:

                 i.          Copy, modify, distribute, sell, or lease any part of the Services or included software.

                ii.          Reverse engineer or attempt to extract the source code of any software included in the Services, unless laws prohibit these restrictions or you have our written permission.

              iii.          Use the Services to build a competitive product or service or for any competitive analysis.

              iv.          Remove, obscure, or alter any legal notices displayed in or along with our Services.

 

Limitation of Liability

1.      Service Availability

We do not guarantee that the Services will be available at all times, error-free, or without interruptions. Service availability is subject to change without notice.

2.      Indemnification

You agree to indemnify, defend, and hold harmless Confinity, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, losses, liabilities, damages, expenses, and costs, including without limitation reasonable attorneys’ fees and court costs, arising out of or relating to any violation of these Terms or any activity related to the use of the Services (including negligent or wrongful conduct) by you or any other person accessing the Services through your User Account.

3.      Limitation of Damages

To the maximum extent permitted by law, Confinity and its suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

               i.          Your use or inability to use the Services.

               ii.          Any unauthorized access to or use of our servers and/or any personal information stored therein.

              iii.          Any interruption or cessation of transmission to or from the Services.

              iv.          Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Services by any third party.

                v.          Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services.

              vi.          The defamatory, offensive, or illegal conduct of any third party.

 

In no event will the total liability of Confinity for all claims exceed the amount paid by you to Confinity in the last six months, if any, for the Services.

4.      Disclaimer of Warranties

The Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law, Confinity disclaims all warranties of any kind, whether express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement. Confinity does not make any warranty that the Services will be error-free or that access thereto will be continuous or uninterrupted.

General Terms

1.      Modification of Terms

Confinity reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

2.      Termination

We may terminate or suspend your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate these Terms or your User Account, you may simply discontinue using the Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

3.      Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Kingdom , without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in a court of competent jurisdiction located in the United Kingdom.

4.      Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by Confinity on the Services, shall constitute the entire agreement between you and Confinity concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

5.      Waiver and Severability

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

6.      Contact Information

If you have any questions about these Terms, please contact us at:

                 i.          Email: support@confinity.com