Terms of Service

Legal Entity

KinetiRisk is a trading style of High Peak Pro Ltd.

• Company Name: High Peak Pro Ltd
• Company Registration Number: 11682424 (Companies House, England)
• Registered Office: Bartle House, 9 Oxford Court, Manchester, Greater Manchester, England, M2 3WQ
• Trading As: KinetiRisk

References to "KinetiRisk," "we," "us," "our," or the "Company" in these Terms refer to High Peak Pro Ltd. Verify us at Companies House.

1. Definitions & Scope

"Service" means KinetiRisk, the AI-powered risk management platform including: risk registers, AI scoring, probability/impact matrices, risk escalations, mitigation tracking, portfolio views, and integrations with external task systems.

"Customer" means the organisation or individual who agrees to these Terms and uses the Service.

"Customer Data" means all data you input, store, or process via the Service including: projects, programmes, portfolios, risks, probability/impact scores, mitigation actions, team member information, and audit logs.

"AI Analysis Outputs" means the AI-generated risk scores, reasoning summaries, and mitigation recommendations produced by the Service. You own these outputs subject to the restrictions in § 2.3 below.

"Subscription Term" means the period for which you have purchased access to the Service, commencing on the date your subscription is activated.

2. Acceptable Use Policy

You agree not to:

2.1 Reverse-Engineer the AI Model

• Attempt to reverse-engineer, decompile, or extract the AI model, prompts, or reasoning engine.
• Use exported AI outputs to infer the underlying model structure or methodology.

2.2 Train Competing Systems

• Use exported AI Analysis Outputs to train, develop, or improve competing risk management systems.
• Share AI outputs with third parties for the purpose of building competing products.

2.3 Restrictions on AI Analysis Outputs

Without limiting §§ 2.1 and 2.2, you must not: (a) attempt to reverse-engineer or circumvent, manipulate, or subvert the intended operation of the AI model using AI Analysis Outputs; or (b) use AI Analysis Outputs to train, fine-tune, or benchmark any competing AI system.

2.4 Scrape or Automate

• Automated scraping of the risk register, heatmaps, or reports.
• Automated data extraction beyond what the API expressly permits.

2.5 Prohibited Uses

• Use the Service for systematic competitive intelligence gathering about competitors without our prior written consent.
• Use the Service for illegal purposes or in violation of applicable law.
• Transmit viruses, malware, or malicious code.
• Harass, intimidate, or harm other users.
• Violate third-party intellectual property rights.

2.6 Prohibited Data Types

The Service is intended for business risk management only. You are strictly prohibited from inputting "Special Category" personal data into the Service, including health records, criminal records, biometric data, religious beliefs, political affiliation, trade union membership, genetic data, sex life or sexual orientation, or data concerning children.

3. Intellectual Property

3.1 Ownership. High Peak Pro Ltd retains ownership of all intellectual property in the Service, including the platform architecture, AI models and training methodologies, prompt engineering, and all trade secrets and processes embedded in the Service.

You retain ownership of all Customer Data. You own AI Analysis Outputs (subject to § 2.3) but not the underlying AI model.

3.2 Licence. High Peak Pro Ltd grants you a non-exclusive, non-transferable, revocable licence to use the Service for your internal business purposes during the Subscription Term.

4. Limitation of Liability

4.1 Exclusion of Consequential Loss. Except for payment obligations, intellectual property restriction breaches, or gross negligence/wilful misconduct: neither party shall be liable for indirect, incidental, consequential, or punitive damages.

4.2 Liability Cap. Total aggregate liability shall not exceed fees paid in the twelve months preceding the claim. Where no fees have been paid, the cap shall be £1,000. Nothing limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under applicable law.

4.3 Third-Party AI Provider Limitations. High Peak Pro Ltd is not liable for service interruptions, model behaviour changes, or discontinuation of third-party AI services (currently OpenAI and Anthropic).

5. Indemnification

5.1 Customer Indemnity. You agree to indemnify High Peak Pro Ltd from third-party claims arising from: your Customer Data infringing third-party intellectual property rights; your breach of applicable law; claims by your end-users; or your material violation of these Terms.

5.2 KinetiRisk IP Indemnity. High Peak Pro Ltd will defend you against third-party claims alleging that the Service infringes a UK or EU registered intellectual property right, subject to the liability cap in § 4.2.

5.3 Regulatory Indemnity. You agree to indemnify High Peak Pro Ltd against regulatory fines or enforcement actions arising from your use of the Service in violation of applicable law.

6. Billing, Payment & Refunds

6.1 Subscription & Cancellation. Monthly and annual subscriptions renew automatically. You may cancel at any time via the Stripe customer portal. Cancellation takes effect at the end of your current billing period.

6.2 Refunds. Refunds are issued only where you have requested cancellation before your renewal date and we agree in writing. We do not offer refunds for Service already used or for complimentary/free-trial access.

6.3 Dispute & Chargeback Process. Contact us first at support@kinetirisk.com within 30 days of any disputed charge. We will respond within 5 business days.

7. Termination

7.1 Your Right to Terminate. You may terminate by deleting your account or cancelling your subscription via the Stripe portal.

7.2 Our Right to Terminate. We may terminate or suspend your account if you breach these Terms, commit Acceptable Use Policy violations, have no activity for 12 consecutive months with no active subscription, or engage in illegal activity.

7.3 Effects of Termination. On termination: your access ceases; your licence terminates; your Customer Data will be deleted within 30 days. You may retain copies of Customer Data and AI Analysis Outputs you have lawfully exported before termination.

8. Data Processing

8.1 Data Processing Agreement. Where High Peak Pro Ltd processes personal data on your behalf, it does so as a Data Processor under UK GDPR and/or EU GDPR. Our Data Processing Addendum (DPA) governs such processing and is incorporated into these Terms by reference.

8.2 Customer as Data Controller. You are the Data Controller for all personal data contained within your Customer Data.

8.3 Data Security. High Peak Pro Ltd implements AES-256 encryption at rest, TLS 1.3 in transit, role-based access controls, and audit logging. Details are set out in the DPA.

9. Third-Party Integrations & International Data Transfers

We use the following third-party sub-processors, all bound by Data Processing Agreements: Replit (cloud infrastructure), OpenAI and Anthropic (AI risk analysis), Stripe (payment processing), Resend (transactional email), Better Auth (authentication), Microsoft Graph/Google Tasks (task push), and Microsoft Teams/Google Chat (escalation notifications).

Full details of transfer mechanisms available on request at legal@kinetirisk.com.

10. Warranties & Disclaimers

10.1 AI Analysis Limitations. AI-generated risk scores and recommendations are provided as decision-support tools only. They are not professional risk management advice. You are responsible for all risk management decisions and their consequences.

10.2 Service Availability. We target 99.9% uptime but do not guarantee uninterrupted availability. Scheduled maintenance will be communicated in advance where practicable.

11. Governing Law & Dispute Resolution

These Terms are governed by the laws of England and Wales. Any dispute shall first be attempted to be resolved by good-faith negotiation (28 days). Failing that, disputes shall be submitted to the exclusive jurisdiction of the courts of England and Wales. For contact: legal@kinetirisk.com.

12. Changes to These Terms

We may update these Terms from time to time. Material changes will be announced by email at least 30 days before they take effect. Continued use after the notice period constitutes acceptance of the updated terms.