Terms of service

1. About these terms

These terms are a contract between you and the operator of Kithwork ("we", "us") for your use of Kithwork. By creating an account or accepting an invitation you agree to them. If you sign up for a business, you confirm you're authorised to accept them for it, and "you" means that business.

Kithwork is a business tool. It is intended for studios, freelancers and their business clients, not for consumers, and you must be at least 18 to use it. The privacy policy, acceptable use policy and, for workspace owners, the data processing agreement form part of these terms.

2. Accounts and access

• Give accurate details and keep them up to date.
• Keep your password and two-step codes secret. You're responsible for activity under your account and for anyone you invite.
• Workspace owners decide who joins their workspace and which clients can see which projects. Only invite people who should see what you share with them.
• Tell us straight away at the contact address shown in the app if you think your account has been compromised.

3. Clients using a studio's portal

If a studio invited you to its portal, you use Kithwork to work with that studio. The studio controls what you can see and decides what happens to the content in its workspace. Approvals and feedback you give in the portal are recorded and shared with the studio. Clients never pay us to use a portal.

4. Your content

You keep all rights in what you and your clients put into Kithwork ("your content"). You give us a licence to host, copy, process and display your content only as needed to run, secure and support the service for you, and for no other purpose.

You're responsible for your content, for having the right to upload and share it, and for meeting data protection law for the personal data you add about your clients. For that data you are the controller and we are your processor under the data processing agreement.

You can export your account data at any time from Settings, and workspace data from the workspace's settings.

5. Acceptable use

You must follow the acceptable use policy. In short: nothing illegal, harmful or infringing, no malware, no attempts to reach data that isn't yours, and no testing or overloading our systems without permission.

6. Plans, payment and cancellation

• The Free plan costs nothing. Paid plans (Pro and Studio) are billed monthly in advance through Stripe, in pounds sterling, and renew each month until cancelled. Current prices and limits are on the pricing page.
• You can cancel from Billing at any time. The plan stays active until the end of the month you've paid for, then the workspace moves to Free. Except where the law requires otherwise, payments aren't refunded for part months.
• If a payment fails, the plan stays active while Stripe retries for a short period. If payment still fails, the workspace moves to Free. Nothing is deleted, but you can't add more than the Free limits allow until you upgrade again.
• We may change prices with at least 30 days' notice by email. The new price applies from your next billing period after the notice ends, and you can cancel before then.
• Prices include any VAT we are required to charge.

7. Our commitments

We'll provide Kithwork with reasonable care and skill, keep your content secure and confidential as described in the privacy policy and DPA, and give you reasonable notice of changes that materially reduce what your plan includes.

Kithwork is currently in beta. We work to keep it available and reliable but don't guarantee it will be uninterrupted or error-free, and features may change. Keep your own copies of anything you can't afford to lose.

8. Suspension and ending the agreement

• You can stop using Kithwork and delete your account at any time from Settings. That also deletes any workspace you own alone and cancels its subscription.
• We may suspend or end your access if you seriously or repeatedly break these terms, don't pay, or if we must to comply with the law or protect others. We'll tell you why unless the law or safety prevents it, and give you a chance to fix it where we reasonably can.
• We may end these terms for any other reason with at least 30 days' notice, and will refund any amount paid for the period after they end.
• Unless you've seriously broken these terms, you'll have at least 30 days after notice to export your data.

9. Liability

Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or anything else that can't be limited by law.

Subject to that:

• we are not liable for loss of profits, revenue, business, goodwill or anticipated savings, or for any indirect or consequential loss;
• our total liability arising from or in connection with these terms in any 12-month period is limited to the greater of the amount you paid us in the 12 months before the event giving rise to the claim and £100.

You'll compensate us for losses caused by your content or by your breach of the acceptable use policy, including third-party claims.

10. Changes to these terms

We may update these terms. We'll email account holders about material changes at least 30 days before they apply. If you keep using Kithwork after that, the new terms apply; if you don't agree, you can cancel and delete your account before then.

11. General

• We may use providers to help run Kithwork (see sub-processors) and remain responsible for them.
• Neither of us is liable for delays caused by events outside our reasonable control.
• You may not transfer these terms without our agreement. We may transfer them to a business that takes over Kithwork, and will tell you if we do.
• If part of these terms is found unenforceable, the rest still applies. Not enforcing a right straight away doesn't waive it.
• These terms are the whole agreement between us about Kithwork. Nobody else has rights under them under the Contracts (Rights of Third Parties) Act 1999.
• These terms are governed by the law of England and Wales, and its courts have exclusive jurisdiction.

Questions? Contact us at the contact address shown in the app.