Terms of Service
**Effective date:** June 22, 2026
**Last updated:** June 22, 2026
1. Introduction
Welcome to Kyndli.
These Terms of Service ("Terms") form a legally binding agreement between you and Kyndli regarding your use of the Kyndli mobile application and the kyndli.com.au website (together, the "Service").
Kyndli is operated by Andrea Butterworth, an Australian sole trader trading as Kyndli (ABN 67 186 693 462), referred to in these Terms as "we," "us," or "Kyndli."
By using Kyndli, you agree to these Terms and to our Privacy Policy. If you don't agree to either, please don't use the Service.
We've tried to write these Terms in plain language. If anything is unclear, please contact us at support@kyndli.com.au.
2. Who can use Kyndli
Kyndli is for adults only. You must be at least 18 years old to use the Service. By using Kyndli, you confirm you are 18 or older.
If we become aware that someone under 18 is using Kyndli, we will terminate their access and delete their data. If you're a parent or guardian and believe your child has used Kyndli, please contact us at support@kyndli.com.au.
3. What Kyndli is — and what it isn't
Kyndli is a mobile application that helps you think through difficult conversations before having them. When you talk with Gwen, our AI assistant, you can reflect on relationship and communication challenges, explore different ways to approach situations, and prepare for important conversations.
**Kyndli is not:**
- **Not therapy or counselling.** Gwen is not a therapist, counsellor, or mental health professional. Your interaction with Gwen is not a therapeutic relationship and is not a substitute for one. If you need therapy, please see a qualified mental health professional.
- **Not medical advice.** Kyndli does not diagnose, treat, prevent, or cure any medical condition. Nothing Gwen says should be interpreted as medical advice.
- **Not a crisis intervention service.** While Gwen is designed to detect potential crisis content and suggest resources, Kyndli is not a substitute for emergency services, crisis hotlines, or mental health professionals. **If you or someone you know is in immediate danger, please contact emergency services (000 in Australia) or a crisis support line such as Lifeline (13 11 14).**
- **Not legal advice.** If you describe situations involving custody, abuse, family violence, or other legal matters, Gwen's responses are not legal advice. Please consult a qualified lawyer for legal matters.
- **Not a replacement for human relationships.** Kyndli is designed to help you prepare for conversations with the people in your life — not to replace those conversations or the relationships themselves.
We strongly encourage you to seek professional help where appropriate. If you're experiencing serious mental health difficulties, family violence, or other significant challenges, please reach out to qualified professionals.
4. Your account
Kyndli uses anonymous authentication. When you start using the app, the system generates an anonymous user ID — no email, name, or other personal information is required.
You are responsible for any activity that occurs through your use of Kyndli on your device. While we don't link your account to identifying information, you should still use Kyndli as if your conversations are personal to you.
You may not share access to Kyndli with others. Each person should use their own copy of the app on their own device.
5. How you may use Kyndli
You may use Kyndli for personal, non-commercial purposes — to help you reflect on your own relationships, conversations, and communication challenges.
6. How you may not use Kyndli
You agree not to:
**General prohibitions:**
- Use Kyndli for any illegal purpose or in violation of any law
- Attempt to hack, reverse-engineer, decompile, or extract source code from the app
- Use automated tools (bots, scrapers, etc.) to interact with the Service
- Submit malware, viruses, or other malicious content
- Resell, redistribute, or commercialize Kyndli without our written permission
- Misrepresent yourself or impersonate others through the Service
- Share your access with others or allow others to use Kyndli on your behalf
- Use Kyndli to provide commercial coaching, counselling, or advisory services to third parties
**Kyndli-specific prohibitions:**
- Use Kyndli to plan, encourage, or facilitate harm to yourself or others
- Use Kyndli to plan, justify, rationalize, or coordinate abusive, controlling, or violent behavior toward any person — including but not limited to partners, ex-partners, children, family members, or others
- Use Kyndli to harass, stalk, surveil, or intimidate another person
- Use Kyndli in a way that violates the rights, privacy, dignity, or safety of others
We reserve the right to terminate access for any user who violates these prohibitions, including users we determine are using Kyndli to plan harm to others.
7. Content you share with Kyndli
When you use Kyndli, you may share information about yourself, your relationships, and other people in your life. This includes text messages, descriptions of situations, images you upload, and other content (collectively, "Your Content").
7.1 Your content remains yours
You own the content you share with Kyndli. We don't claim ownership over what you tell Gwen, the images you share, or any other information you provide.
7.2 Limited license to operate the Service
By using Kyndli, you grant us a limited, non-exclusive license to process Your Content for the purpose of providing the Service. Specifically, this means:
- We will store Your Content so you can return to it
- We will send Your Content to Anthropic's Claude API to generate Gwen's responses
- We will process Your Content as described in our Privacy Policy
This license exists only for the purpose of providing the Service to you. It ends when Your Content is deleted.
7.3 Your responsibility for content involving others
When you share content about other people — including screenshots of their messages, photos of them, descriptions of conversations, or other information that identifies or relates to them — **you are responsible for that content.**
Specifically, you confirm that:
- You have the right to share the content with Kyndli (or are sharing it in a context where doing so is reasonable, such as personal reflection)
- You will respect others' privacy and dignity in what you share
- You will not share content about other people for the purpose of harassing, stalking, surveilling, or harming them
- You understand that other people haven't consented to your sharing their messages, photos, or details with an AI service
We trust users to share thoughtfully. If we become aware that you are sharing content for harmful purposes (e.g., to coordinate harassment, plan harm, or violate someone's safety), we may terminate your access.
7.4 Content rights
You confirm that any content you share with Kyndli — including any images — is content you have the right to share. You will not share copyrighted material, illegally obtained content, or content that violates others' rights.
8. Our intellectual property
Kyndli — including the app, the website, the Gwen persona, our brand assets (logos, names, designs), our system prompts, and all related content — is our intellectual property. You may not copy, modify, distribute, or create derivative works from Kyndli without our written permission.
This doesn't restrict your normal use of Kyndli as a user. It restricts using Kyndli's intellectual property for purposes beyond personal use of the app.
9. Subscriptions and payments
Kyndli may offer paid subscription tiers in the future. The following provisions apply when paid subscriptions are available.
9.1 How subscriptions work
- Subscriptions are billed through the Apple App Store (and, when available, Google Play)
- Subscription fees are charged at the rate displayed in the app at the time of purchase
- **Subscriptions continue automatically until cancelled.** They will automatically renew at the end of each billing period unless you cancel at least 24 hours before the end of the current period
- You can cancel your subscription at any time through your App Store account settings
- Cancellation takes effect at the end of the current billing period
9.2 Free trials
- Where free trials are offered, your subscription will begin charging at the end of the trial period unless cancelled
- You'll be charged the full subscription rate from that point unless you cancel at least 24 hours before the trial ends
9.3 Refunds
- All subscription refunds are handled by the App Store (or Google Play) under their respective refund policies
- Kyndli does not directly process refunds for subscription purchases
- Once a subscription is purchased, we cannot reverse the charge — you must request refunds through your platform's app store
9.4 Price changes
- We may change subscription prices over time
- We will provide notice of price changes before they take effect
- Continued subscription after a price change means you accept the new price
- You can always cancel before a price change takes effect
9.5 Service tied to your subscription
- Paid features are available only while your subscription is active
- If your subscription ends, you'll still have access to your conversation history (subject to our retention policies in the Privacy Policy), but paid features will no longer be available
10. Service availability
We try to keep Kyndli running reliably, but we don't guarantee perfect uptime or uninterrupted service. The Service may sometimes be unavailable due to scheduled maintenance, outages affecting our service providers, technical issues, or other circumstances.
We may also modify the Service over time — adding features, changing existing ones, or removing features that no longer serve users well. We may discontinue the Service entirely with reasonable notice if continuing to operate it becomes unfeasible.
11. Force majeure
We are not liable for any failure or delay in providing the Service that results from causes beyond our reasonable control. This includes but is not limited to:
- Failure or outage of third-party services we rely on (Supabase, Anthropic, Apple App Store, Google Play, internet service providers)
- Natural disasters, severe weather, or other acts of nature
- Acts of government, including changes in law that affect the Service
- Cyberattacks, security incidents, or other malicious actions by third parties
- Pandemic, epidemic, or public health emergencies
- War, terrorism, civil unrest, or labor disputes
- Any other force majeure event
If a force majeure event prevents us from providing the Service for an extended period, we may, at our discretion, suspend or terminate the Service with notice to affected users.
12. How Kyndli responds to crisis content
Gwen is designed to detect when conversations may indicate someone is in crisis — for example, expressing suicidal thoughts, describing self-harm, or sharing experiences of family violence. When Gwen detects potential crisis content, the app may display immediate support resources.
**Important things to understand:**
- Kyndli is not a crisis intervention service
- We do not contact emergency services, family members, or anyone else on your behalf
- We do not have humans monitoring conversations in real time
- Detection by Gwen is automated and imperfect — Gwen may miss crisis signals or flag content that isn't actually a crisis
**If you or someone is in immediate danger, please contact emergency services or a crisis support line directly:**
- **Emergency Services (Australia): 000**
- **Lifeline: 13 11 14** (24/7 crisis support)
- **Beyond Blue: 1300 22 4636**
- **1800RESPECT: 1800 737 732** (family violence and sexual assault support)
We reserve the right to terminate the access of users who appear to be using Kyndli to plan harm to others, regardless of whether crisis detection has been triggered.
13. AI-generated content and its limitations
Kyndli's responses are generated by AI (specifically, Anthropic's Claude). Please understand:
- **AI can be wrong.** Gwen may give advice that doesn't fit your situation, miss important details, or generate content that's mistaken or unhelpful.
- **AI is not a person.** Gwen does not actually know you, your relationships, or your circumstances. Gwen responds based on what you share in each conversation.
- **AI does not replace professional judgment.** For decisions about therapy, medical care, legal matters, or significant life choices, please consult appropriate human professionals.
- **AI responses vary.** The same input may produce different responses at different times.
You acknowledge these limitations and agree to use Gwen's responses thoughtfully — as one input among many — rather than as definitive guidance.
14. Termination
14.1 Termination by you
You may terminate your use of Kyndli at any time by deleting your account in the app. When you do, your data is removed in accordance with our Privacy Policy.
14.2 Termination by us
We may terminate or suspend your access if:
- You violate these Terms
- You use Kyndli for purposes that violate our prohibitions in Section 6 (including planning harm to others, harassment, or abusive behavior)
- You attempt to compromise the security or integrity of the Service
- You owe us money for subscriptions and don't resolve the issue
- We discontinue the Service entirely
14.3 Notice of termination
For minor violations, we will generally provide notice and an opportunity to correct the issue before terminating access. For serious violations — particularly those involving planning harm to others, attempts to compromise the Service, or other significant breaches — we may terminate access immediately without prior notice.
14.4 Effect of termination
When access is terminated, your account and associated data are removed in accordance with our Privacy Policy. Termination does not relieve you of any obligations incurred before termination, including any outstanding subscription fees or liability arising from violations of these Terms.
15. Disclaimers — please read carefully
THE SERVICE IS PROVIDED **"AS IS" AND "AS AVAILABLE,"** WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
- WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY, COMPLETENESS, OR RELIABILITY OF GWEN'S RESPONSES OR ANY CONTENT
- AVAILABILITY OR UNINTERRUPTED ACCESS
- THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS
**WE DO NOT GUARANTEE THAT:**
- Gwen's advice is correct, appropriate, or helpful for any specific situation
- The Service will be free of errors, bugs, or interruptions
- Conversations are stored permanently or recoverable in case of data loss
- Any information you share will be processed perfectly or stored without risk
- Using Kyndli will improve your relationships, communication, or outcomes in any way
**Your use of Kyndli is at your own risk.** Important decisions about relationships, mental health, family, legal matters, or any other significant life area should not be based solely on conversations with Gwen.
These disclaimers apply to the maximum extent permitted by applicable law and do not limit any rights you have under the Australian Consumer Law that cannot legally be excluded (see Section 17).
16. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
**We are not liable** for any indirect, incidental, special, consequential, or punitive damages arising from your use of Kyndli, including but not limited to:
- Damages from relying on Gwen's responses or advice
- Damages to relationships, marriages, partnerships, or family connections
- Emotional distress, mental health impacts, or psychological harm
- Loss of data, conversations, or content
- Damages from third-party actions arising from content you shared via Kyndli
- Lost profits, lost opportunities, or business interruption
- Damages from unavailability or technical failure of the Service
**Our maximum aggregate liability** to you for any claim arising from or related to your use of Kyndli is limited to the greater of:
- The amount you have paid us in subscription fees in the 12 months preceding the claim, or
- One hundred Australian dollars (AUD $100)
This limitation applies even if we have been advised of the possibility of such damages, and applies to the maximum extent permitted by the Australian Consumer Law (see Section 17).
17. Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies under the Australian Consumer Law that cannot legally be excluded.
If a consumer guarantee under the Australian Consumer Law applies to the Service and we fail to comply with it, your remedies are limited to (at our option) re-supplying the Service or refunding amounts paid, except where the law requires otherwise.
The disclaimers in Section 15 and limitations of liability in Section 16 apply only to the extent permitted by Australian Consumer Law and do not exclude or limit any rights that cannot legally be excluded.
18. Indemnification
You agree to indemnify and hold Kyndli (and Andrea Therese Butterworth as the sole trader operating Kyndli) harmless from any claims, damages, costs, or expenses (including reasonable legal fees) arising from:
- Your violation of these Terms
- Your violation of any law or third-party rights
- Content you share through Kyndli that violates others' rights or causes them harm
- Your use of Kyndli to harm others or facilitate harmful actions
19. Disputes and governing law
These Terms are governed by the laws of Australia.
If a dispute arises between you and Kyndli, we ask that you first contact us at support@kyndli.com.au so we can attempt to resolve it informally. We commit to engaging in good faith to resolve disputes where possible.
If a dispute cannot be resolved informally, both parties agree that:
- The dispute will be resolved in the Federal Court of Australia, or another court of competent Australian jurisdiction
- Australian law applies to interpreting and enforcing these Terms
This does not affect any non-waivable rights you have under Australian Consumer Law.
20. Assignment
We may assign or transfer our rights and obligations under these Terms to a successor entity (for example, if Kyndli is sold, merged with another company, or restructured). We will notify you of any such transfer.
You may not assign or transfer your rights or obligations under these Terms to anyone else.
21. Survival
The following sections survive any termination of these Terms or your account:
- Section 7 (Content you share with Kyndli) — to the extent it applies to content shared before termination
- Section 8 (Our intellectual property)
- Section 15 (Disclaimers)
- Section 16 (Limitation of liability)
- Section 17 (Australian Consumer Law)
- Section 18 (Indemnification)
- Section 19 (Disputes and governing law)
- Section 20 (Assignment)
- Section 21 (Survival)
- Section 22 (Severability)
22. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable. If modification is not possible, the provision will be severed from these Terms, and the remaining provisions will continue in full force.
23. Entire agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kyndli regarding your use of the Service. They replace any prior agreements or communications about the same subject matter.
24. Changes to these Terms
We may update these Terms from time to time. When we make significant changes, we will:
- Update the "Effective date" at the top of this document
- Notify you of the change via the app, the website, or email (if you've signed up to our mailing list)
- Make the previous version available on our website for at least 30 days
By continuing to use Kyndli after a change to the Terms, you accept the updated Terms. If you don't accept the updated Terms, you should stop using the Service and may delete your account.
25. Contact us
If you have questions about these Terms, want to report a violation, or need to contact us for any other reason:
**Email:** support@kyndli.com.au
**Operator:** Andrea Butterworth trading as Kyndli, Australia
**ABN:** 67 186 693 462
We aim to respond to inquiries within 30 days of receipt.