Terms of Service

Kindly is an end-of-life planning assistant. It provides general guidance and personalised checklists to help you manage estate and end-of-life matters. Nothing on this platform constitutes legal, financial, or tax advice, and no attorney-client (or legal practitioner–client) relationship is formed between you and Potfiction, Jaco Rossouw, or any person associated with the service.

The outputs of Kindly — including checklists, guidance, and AI-generated responses — are starting points only. They are not a substitute for advice from a qualified, licensed professional who understands the specific facts of your situation and the laws applicable in your jurisdiction.

Kindly is not a law firm. Potfiction is not licensed to practise law in any jurisdiction.

Kindly uses third-party AI (Claude by Anthropic) to generate responses through Ask Kindly. Ask Kindly does not have access to current legislation, case law, or recent statutory amendments and may produce outputs that contain errors, omissions, or out-of-date information. The AI cannot evaluate the particular facts of your situation with the nuance a qualified professional can.

You must independently verify all information before relying on it for any purpose.

Kindly's content. All rights, title, and interest in and to the Kindly application — including source code, design, branding, AI prompts, and all other materials created by Potfiction — are owned by Potfiction (Jaco Rossouw) and are protected by South African and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable licence to use Kindly for your personal, non-commercial purposes in accordance with these Terms.

Your content. You retain ownership of everything you submit to Kindly — your intake responses, plan data, and Ask Kindly chat messages. By submitting content, you grant Kindly a limited, non-exclusive, royalty-free licence to store, process, transmit, and display it solely as needed to provide the service to you, including transmitting it to Anthropic for AI processing. This licence terminates when you delete your content or your account. We do not claim ownership of your content and we do not use it to train AI models.

AI output. Subject to your compliance with these Terms, you may use the AI-generated outputs produced from your session for your personal estate or end-of-life planning. Potfiction makes no representation that AI-generated outputs are original, novel, or non-infringing, and you remain solely responsible for verifying their suitability before any use.

Restrictions. You may not copy, modify, distribute, sell, or lease any part of Kindly; reverse engineer or attempt to extract the prompts or models underlying the service; use automated means to access the service; or use the service to build a competing product or to train another AI model.

You are solely responsible for how you use the outputs of Kindly. Before taking any legal, financial, or administrative step based on content generated by Kindly, you must obtain independent advice from a qualified professional licensed in your jurisdiction.

You confirm that you are at least 18 years of age and have the legal capacity to enter into a binding contract in your jurisdiction.

You agree not to:

• use Kindly for any unlawful, fraudulent, or harmful purpose;
• upload content that infringes the intellectual property, privacy, or other rights of any third party;
• upload malware, viruses, or any code intended to disrupt or compromise the service;
• attempt to gain unauthorised access to the service, other user accounts, or our infrastructure;
• use automated means (bots, scrapers, crawlers) to access the service;
• resell, sublicense, or commercially redistribute access to the service;
• impersonate another person or misrepresent your relationship to an estate or legal matter.

You may permanently delete your account and all associated data at any time from within the app at https://kindly.potfiction.com/account/delete. If you are unable to access the in-app deletion flow, you may request deletion by emailing potfiction@gmail.com.

Kindly is provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including any warranty of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, or uninterrupted availability.

To the fullest extent permitted by applicable law, Potfiction and Jaco Rossouw shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including loss of profits, loss of data, loss of goodwill, or any legal, financial, or personal harm — arising out of or in connection with your use of Kindly or your reliance on any content it generates.

Where liability cannot be excluded by law, our total aggregate liability to you is limited to the amount you have actually paid to us in the twelve months preceding the event giving rise to the claim, or ZAR 0 if you have made no payment.

Nothing in these terms excludes or limits liability for fraud, wilful misconduct, gross negligence, or any liability that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008 or other applicable law.

You agree to indemnify, defend, and hold harmless Potfiction, Jaco Rossouw, and any person associated with the service from and against any claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to:

• your use of Kindly or any content you generate through it;
• your breach of these Terms;
• your content, including any claim that it infringes the rights of a third party;
• any decision, action, or omission you take in reliance on AI-generated output or guidance from the service in connection with estate administration, end-of-life planning, or any other matter.

This obligation survives termination of your account and these Terms.

You are responsible for keeping your account credentials secure. You must not use Kindly for any unlawful purpose.

• Decisions you make based on Kindly's guidance
• Accuracy or completeness of AI-generated responses
• Changes in law or jurisdiction-specific requirements after the date shown on any content
• Loss of data caused by circumstances outside our control

You may terminate your account at any time as described in the User conduct section above.

We may suspend or terminate your access to Kindly, with or without notice, if we reasonably believe that you have breached these Terms, that your use poses a security, legal, or reputational risk, or that we are required to do so by law. Where reasonably possible we will notify you, but we are not obliged to do so where prompt action is warranted.

On termination, your right to use the service ends immediately. Sections relating to intellectual property, no legal advice, warranty and liability, indemnity, and governing law survive termination.

We may update these Terms from time to time. Where we make material changes we will give you reasonable advance notice by email or by posting a prominent notice within the app. The “last updated” date above will always reflect the most recent changes. Your continued use of Kindly after a change takes effect constitutes acceptance of the revised Terms.

Estate administration, end-of-life, and related laws vary significantly between countries, provinces, and states. Content generated by Kindly may not reflect the current law in your jurisdiction. Kindly does not represent that any generated content is legally valid, enforceable, or appropriate in any specific jurisdiction.

These terms are governed by the laws of the Republic of South Africa. Any disputes shall be subject to the jurisdiction of the South African courts.

Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.

Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Potfiction regarding Kindly and supersede any prior agreements or understandings.

No waiver. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms to any successor in connection with a sale, merger, or restructuring of Potfiction.

Notices. Any notices to us under these Terms should be sent to potfiction@gmail.com. We may give you notice by email to the address associated with your account or by posting a notice within the app.

Questions about these terms? Email potfiction@gmail.com.