KinSure Terms & Conditions

Last Updated on 24th March 2023

Hello! Thanks for visiting us. We’d like to explain the terms on which we engage with you through our website and/or our app.

Our lawyers tell us that we must give you loads of detail, so we’ve set out the top lines here and you can click on any of them for more information.

1. Welcome to KinSure.

2. How KinSure works, in a few easy steps.

3. Why these Terms are important (please read them)

4. Your contract with us

5. Need help? We’re here for you (how to get in touch)

6. It’s all about you (the basis on which we’re engaging with you)

7. This is a safe space (things you need to do to keep it safe)

8. You grant rights and provide information to us, so we can deliver the KinSure Products to you

9. We grant rights to you, too

10. We work hard to provide you with the KinSure Products (please use them respectfully)

11. We are unable to verify third party data or other information provided to us by third parties

12. Changes to these Terms

13. Enhancements to the KinSures Products

14. System updates

15. Breaking up is hard to do (how you and we can end our relationship)

16. Our responsibility for loss or damage suffered by you

17. Last, but not least (other important legal bits)

Welcome to KinSure.

We are Infosur Tech Limited, trading as “KinSure”. We are a company registered in England and our registered
office is at 20-22, Wenlock Road, London, England, N1 7GU.
You have been directed to this page because you have chosen to access Services (defined below) that we
provide, either via the KinSure website at www.mykinsure.com (the “Site”) or by downloading the KinSure
mobile application software and the data supplied with it (the “App”).

How KinSure works, in a few easy steps.

1. Once you’ve signed up to our Terms via the Site or the App, we will set up a KinSure account for you (your “Account”).
2. The App will provide you with a guided workflow with a series of requests for information and/or documentation to be uploaded. This information will form your legacy (your “Legacy”).
3. As part of your Legacy, you will be asked to nominate certain individuals as your nominees (your “Nominees”). Nominees are individual(s) who will be sent your Legacy (in full or elements thereof, as you select) in the event of your death.
4. We will provide a storage and repository service for you to update as frequently as needed. There are no extra costs for updates, and you can add or remove information, details and Nominees at any time.
5. We will then reach out to you regularly to track your life status and in the event that we confirm that you have deceased, we will share your Legacy with the respective nominee/s.
6. We may, with your express approval and consent, take certain administrative actions on your behalf after your death.

Why these Terms are important (please read them).

Under the terms and conditions set out in this document (the “Terms”), we license you to use the Site and/or the App.

It’s important that you read these Terms before you start using the Site and/or the App (as applicable), because they explain, amongst other things: what you can expect from the Site and/or the App; how we provide the Site and/or the App; how we may change the contract between us; how either of us may end the contract between us; and what you can do if you encounter a problem.

These Terms also set out the terms of your subscription and the basis on which you may use: updates or supplements to the Site and/or the App (as applicable) and any related online or electronic documentation (the “Documentation”); the social media channels, newsletter communications and any other channels through which we promote the Services (the “Communication Channels”); and the materials, functions, and digital content provided through the Site and/or the App (as applicable) and the Communication Channels (together, the “Materials”). Subject to the paragraph below, the Site, the App, the Services, the Documentation, the Communications Channels and the Materials are together referred to in these Terms as the “KinSure Products”.

For clarity, we offer no guarantee that your Account and the Services will always be accessible via both the Site and the App (or at all). The launch of the Site is expected to take place subsequent to the launch of the fully functional App, so access to your Account and the Services will initially only be available via the App. Please note:

If you are accessing your Account and the Services exclusively through the Site, the App is excluded from the definition of KinSure Products for the purposes of these Terms, and any App-specific elements of these Terms are not relevant to you and can be disregarded.
If you are accessing your Account and the Services exclusively through the App, the Site is excluded from the definition of KinSure Products for the purposes of these Terms, and any Site-specific elements of these Terms are not relevant to you and can be disregarded.
If you are accessing your Account and the Services through both the Site and the App, both the Site and the App are included in the definition of KinSure Products, and every element of these Terms is relevant to you.

Under data protection legislation, we are required to provide you with certain information including how we process your personal data and for what purposes, and your rights in relation to your personal data and how to exercise those rights. There is a brief description of this above, and a more detailed description in our Privacy Policy.

If you’re using the App: if you’re an Android user you should also read Google Play Store’s terms and conditions and policies, and if you’re an iOS user you should also read Apple App Store’s terms and conditions and policies (together, the “Store Terms”). If there is any conflict or ambiguity between a provision in these Terms and a provision in the applicable Store Terms, then the provision in the applicable Store Terms shall have priority over the provision in these Terms.

Your contract with us

KinSure offers all users a 2 month, free trial period for use of the KinSure Products, commencing from the point of initial sign up. While we may take your bank details at the point of sign up, you will not be charged during this period.
If you wish to cancel at the end of your free trial period, you are free to do so via the cancellation page of the Site/the App no later than [please insert].
If you do not cancel, your free trial period will automatically convert into an annual subscription for the KinSure Products. You will be charged up front for the following 12 month plan period and the subscription shall automatically renew every 12 months.
The amount you will be charged will relate to the plan you have chosen (for example, a Basic Plan or a Premium Plan) which shall be based on enhanced features and storage volumes. We reserve the right to adjust our prices from time to time but shall notify you of this prior to any renewal, if applicable.
Should you cancel at any point prior to the end of your 12 month subscription period, your cancellation shall take effect immediately and you will be refunded a pro rata amount for any full months remaining in that 12 month period.
After cancellation for any reason other than a breach of these terms by you, you will have view-only access to the KinSure Products for a further 6 months. You must be responsible for exporting or downloading your Legacy during this period, after which it will be deleted. For the avoidance of doubt, in the event of death during this time period, your information will not be shared with any Nominees. You may renew your subscription at any time during this period.
If you fail to pay your due subscription amount, your plan will convert immediately to view-only and will be automatically cancelled (and your Account and Legacy deleted) 6 months from the due date for payment.

Need help? We’re here for you (how to get in touch)

If you need help with anything, including if you aren’t happy with the KinSure Products, want to learn more about the KinSure Products, have experienced problems using them or think there is a mistake in these Terms, please get in touch with us directly by contacting our customer service team via email at [email protected] We may also need to get in touch with you from time to time. We’ll do this by email using the contact details you have provided to us, and in accordance with our Privacy Policy.We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. If you have any grievance, complains or questions about the security of Site, please contact us [email protected].

It’s all about you (the basis on which we’re engaging with you)

We are giving you personally the right to use the KinSure Products as set out in these Terms. This means the Account (and its login) is for you personally to enjoy and administer and it should not be used or shared with any third parties.

To be eligible to use the KinSure Products, you must be: (i) a “consumer”, which means you’re a natural person (i.e. a human being!) who is acting for purposes that are wholly or mainly outside your trade, business, craft or profession; and (ii) an adult (i.e. at least 18 years old).

Unfortunately, at present, we are unable to guarantee that the KinSure Products are appropriate for use or available in all locations, so if you are resident in a country other than the United Kingdom you use the KinSure Products entirely at your own risk.

You may: (i) access, download or stream a copy of the Site or the App (as applicable) onto one device and view, use and display the Site or the App for your personal purposes only; (ii) use the Documentation; and (iii) receive and use any free supplementary software code or update of the Site or the App incorporating “patches” and corrections of errors, as we may provide to you.

If you access your Account (whether through the Site or the App) via phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the relevant phone or other device.

You are responsible for: (i) configuring your device, information technology, computer programs and platform to access your Account and the KinSure Products (including by activating recommended updates and improvements) and ensuring that you satisfy any applicable compatibility requirements; and (ii) backing-up your content and data used with your Account and the KinSure Products. We accept no responsibility for configuration, compatibility or back-up.

You are responsible for any content, information or documentation which is uploaded or added to your Legacy at any time. This shall include ensuring that you have obtained consent from third parties whose confidential information or personal data may be shared within content you upload and/or consent from Nominees for their contact details to be shared with us. We take no responsibility for the privacy or security of your Legacy or the content thereof at any time or under any circumstances.

If you sell any device on which the App is installed, or which is connected to the Site, you must remove the App and/or the Site (as applicable) from that device before sale.

This is a safe space (things you need to do to keep it safe)

You must not use the KinSure Products in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other members.

You must treat the password you create for your Account, and any other identification method created by you or provided by us from time to time, as confidential and you must not disclose this information to any third party. Your log-in details (including your email address and password) may only be used by you and not by any other individual or business.

We are relying on you to take all reasonable steps to prevent unauthorised access to, or use of, your Account and the KinSure Products. If you suspect or become aware of unauthorised use or any other breach of security, please notify us immediately.

You may link to the Communication Channels, the Site and the App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Communication Channels, the Site or App in any website that is not owned by you. The Communication Channels, the Site and the App must not be framed on any other application or website, nor may you create a link to any part of the Communication Channels, the Site or the App other than the home page of the Communication Channels, the Site or the App. We reserve the right to withdraw linking permission without notice.

You must not transmit any material that is defamatory, offensive or otherwise objectionable when using the KinSure Products.

You must comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the KinSure Products. You shall not use the KinSure Products in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

You must not act fraudulently or maliciously in relation to the KinSure Products. In particular, you must not:

misuse the KinSure Products by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
attempt to gain unauthorised access to the KinSure Products, the server on which the KinSure Products is stored or any server, computer or database connected to the KinSure Products;
conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to any KinSure Products, including using (or permitting, authorising or attempting the use of): any robot, spider, scraper, deep link or other data gathering or extraction tool, program, algorithm or methodology to access, acquire, copy or monitor the KinSure Products or any part of them; or any automated analytical technique aimed at analysing text and data in digital form to generate information which includes patterns, trends and correlations (but only to the extent that we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us);
use or attempt to use any engine, software, tool, agent or other device to navigate or search the KinSure Products, other than search engines and search agents available through the KinSure Products or through generally available third party web browsers;
attack the KinSure Products via a denial-of-service attack or a distributed denial-of service attack;
attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising, or in any way contributing to, the KinSure Products; or
use any part of the KinSure Products in order to build a product, service, offering or following, whether for commercial purposes or otherwise, on your own behalf or for a third party,

and by breaching any of these obligations, 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.

We do not guarantee that the KinSure Products will be secure or free from bugs, viruses, etc and, accordingly, you agree not to hold us accountable for such bugs, viruses, etc. You should use your own suitable virus protection software.

While we use all reasonable information security and operational measures to provide the KinSure Products and to protect your information, we take no responsibility for any systems failure, hacking or otherwise which, through no fault or material negligence of our own, involves the loss of your data, information, content, Legacy or Account at any time.

You grant rights and provide information to us, so we can deliver the KinSure Products to you

Your inputs and uploads into your Account and the KinSure Products, and the outputs generated, will be fully accessible by, and visible to, KinSure.

By accepting these Terms, you grant to us a non-exclusive, royalty-free, perpetual licence to use the content that you upload and input into your Account, and the KinSure Products and the outputs generated (together, the “Licensed Content”) for the provision of the KinSure Products (the “Licence”). We shall not use this content for any other reason or purpose without first obtaining your consent.

You acknowledge and agree that the Licence: (i) includes the right for us to use, modify, display, distribute and create new material using or incorporating the Licensed Content; (ii) allows us to sub-licence the Licensed Content to certain third party partners and members of our corporate group; and (iii) allows us to disclose your identity to third parties if we are required to do so by applicable law or court order.

You agree to always provide us with accurate information, and not to misrepresent your identity or information. We are under no obligation to check the accuracy of the information that you provide to us, but you hereby authorise us to (directly or through a third party) obtain, verify and record information and documentation that helps us to verify your information if we wish to do so and if doing so is practically possible.

You will notify us promptly if any of your information changes.

We grant rights to you, too

We license the right to use the KinSure Products to you.

We cannot guarantee that the KinSure Products will always be available or be uninterrupted. We may terminate, suspend, withdraw or restrict the availability of all or any part of the KinSure Products with immediate effect and at our complete discretion, including for business and operational reasons (e.g. the malfunction of equipment, periodic updating, maintenance, repair and the acts or omissions of third party service providers on whom we rely to provide the KinSure Products). We will try to give you reasonable notice of any suspension or withdrawal.

We are the owner or the licensee of all intellectual property rights in materials that we publish (or that are published on our behalf) on or through the KinSure Products and any software, logos, branding or domains contained within or made available through the KinSure Products. These works are protected by copyright and other intellectual property laws and treaties around the world and all such rights are reserved. Our status (and that of any identified contributors) as the authors of content provided to you through the KinSure Products must always be acknowledged.

You have no intellectual property rights in, or to, the KinSure Products other than the right to use them in accordance with these Terms. For clarity, these Terms do not grant you any rights to, under or in our intellectual property rights, including (but in no way limited to) any patents, copyright, database rights, trade secrets, trade names and trade marks (whether registered or unregistered).

You are not permitted to use our business name, trading name, logos or branding without our approval and you will not remove or in any manner alter any logo, brand name, product identification, proprietary mark, trade mark notice, copyright notice, or other notices contained in, displayed on or comprising part of the KinSure Products.

We work hard to provide you with the KinSure Products (please use them respectfully)

You must not:

open, or attempt to open, more than one Account (if you open multiple Accounts, we reserve the right to close down your second any subsequent accounts at our complete discretion and to remove its data without notifying you first);
copy any element of the KinSure Products, except as part of the normal use of the KinSure Products or where it is necessary for the purpose of back-up or operational security;
translate, merge, adapt, vary, alter or modify the whole or any part of the KinSure Products nor permit the KinSure Products or any element of them to be combined with, or become incorporated in, any other programs, except as necessary to use the KinSure Products on devices as permitted in these Terms;
collect or harvest any information or data from the KinSure Products or reproduce, extract or otherwise communicate or make available to third parties any part of the KinSure Products (or any resources therein);
disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the KinSure Products nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile a KinSure Product to obtain the information necessary to create an independent program that can be operated with a KinSure Product or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities: (i) is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; (ii) is not used to create any product or service that is substantially similar in its expression to any of the KinSure Products; (iii) is kept secure; and (iv) is used only for the Permitted Objective; or
license, sell, resell, rent, commercially exploit, make available to third parties, or enable any third parties to access any element of, the KinSure Products.

We are unable to verify information provided to us by third parties

We source some of the information provided through the KinSure Products from third parties, so we cannot guarantee that this information is complete, accurate, up to date, free of errors or based on factual and verified information and statistics.

We make the KinSure Products available on an ‘as is’ basis at all times, for information only and, to the fullest extent permitted under applicable law, we disclaim any implied terms as to title, merchantability, fitness for a particular purpose and non-infringement.

The KinSure Products are provided for general information, administration and entertainment purposes only. Information obtained from, and recommendations given by, the KinSure Products do not constitute information or advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from, or recommendations given by, the KinSure Products. The KinSure Products have not been developed to meet your individual requirements and we do not warrant that they will do so.

Where the KinSure Products contain links to other applications, websites and resources not provided by us, or advertise third party products or services, those resources and products/services are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use those independent resources or buy those independent products/services.

We may need to make changes from time to time Changes to these Terms.

We may need to change these Terms to, among other things, reflect changes in law or best practice.

We will give you notice of any change to these Terms by sending a message to your Account (the “Change Notice”). You will see the Change Notice when you next access your Account via the App or the Site, so you must regularly check your Account for Change Notices and other messages.

If you wish to reject the notified changes to these Terms, you must explain this clearly to us in writing via email to [email protected] within 30 days of the date of the Change Notice and, as a result: (i) your access to your Account via the Site and the App will be terminated; and (ii) we will no longer be able to provide you with the Services.

Enhancements to the KinSure Products.

From time to time, we may add new services or functionality to the Services. We will not notify you when we do this, but detailed, accurate and up-to-date information on our Services can be found on our website.

System updates.

From time to time, we may automatically update and change the KinSure Products to improve performance, enhance functionality, reflect changes to the operating system or address security issues.

If you choose not to install recommended updates or if you opt out of automatic updates you may not be able to continue using the KinSure Products.

Breaking up is hard to do (how you and we can end our relationship).

You understand and agree that we will monitor your usage of the KinSure Products to allow us to determine whether a violation of these Terms has, or is, occurring. We may end your right to use the KinSure Products and delete your Account at any time if you have broken these Terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.

If we end your rights to use the KinSure Products and delete your Account, then you must: (i) stop all activities authorised by these Terms, including your use of the KinSure Products; and (ii) delete or remove the KinSure Products from all devices in your possession; and (iii) immediately destroy all copies of the KinSure Products which you have and confirm to us that you have done this. We may remotely access your devices and remove the KinSure Products from them and cease providing you with access to the KinSure Products.

You may choose to cease using one or more, or all, KinSure Products at any time and for any reason providing you give us notice via the App or Site.

You may choose to delete your Account at any time and for any reason, either on the App (if you have signed up to the App, and the App is available at the relevant time) or by contacting us at info@mykinsure.com. If you do so: (i) your access to your Account via the Site and the App will be terminated immediately; and (ii) we will no longer be able to provide you with the Services. Please see “Your contract with us” for more information.

We have the right to suspend or disable your Account for any reason, including security reasons, or if you are in breach of the provisions of these Terms.

For the avoidance of doubt and in light of the fact that we may remove your access to the KinSure Products at any time, it is your responsibility to ensure that you have backed up versions of any documents or uploads you make to the KinSure Products and that these back-ups are held separately to the App or Site. Please note, if your Account is closed or suspended by us or the KinSure Products cease operating at any time, you may not have an opportunity to download or export these documents or uploads from the KinSure Products.

If you choose not to install recommended updates or if you opt out of automatic updates you may not be able to continue using the KinSure Products.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

We are not liable for any special, consequential or indirect losses suffered by you or by any third parties in relation to your or their use of the KinSure Products. This shall include any losses arising from a loss or leak of your data, information or content.

The KinSure Products are for domestic and private use by consumers only. We have no liability to you if you use the KinSure Products wholly or mainly for the purposes of your trade, business, craft or profession (including liability for any loss of profit, loss of business, business interruption, or loss of business opportunity) other than for liability that cannot be excluded under applicable law.

Please back-up content and data used with the KinSure Products. We recommend that you back up any content and data used in connection with the KinSure Products, to protect yourself in case of problems with the KinSure Products.

Check that the KinSure Products are suitable for you. Please check that their facilities and functions (as described on the Site and the App) meet your requirements.

We are not responsible for events outside our control or for the failure of any Dependencies (defined below). If our provision of KinSure Services is delayed by an event outside our control or the failure of a Dependency then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event.

“Dependencies” means: (i) the provision of certain information by you so we can supply the KinSure Products to you (e.g. a valid email address); (ii) the accuracy of both the information you provide to us and information originating from third parties; (iii) the satisfactory performance of third party software and systems; and (iv) our, and your, Internet connection and system capabilities.

Our total aggregate liability to you for any reason arising out of or in relation to these Terms and/or use of the KinSure Product shall not exceed £1000.

Last, but not least (other important legal bits)

Whole agreement. Subject to any terms implied by law in respect of consumers, these Terms represent the entire agreement and understanding between us regarding your use of the KinSure Products, and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to the subject matter.

Terms that continue after termination. Provisions of these Terms that expressly or by their inherent nature should survive termination or expiry of these Terms will survive termination or expiry.

No agency, etc. Nothing in these Terms creates any agency, partnership, joint venture, employment or franchisee relationship between you and us.

We may transfer this contract to someone else. We may transfer our rights and obligations under the Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under the Terms to another person if we agree to this in writing.

Nobody else has any rights under this contract. This contract is between you and us. No other person will have any rights to enforce any of its terms.

If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under the Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to this contract and where you may bring legal proceedings. These Terms, their subject matter and their formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.