Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and Kelvn ("we," "us," or "our"). By creating an account or using Kelvn in any way, you agree to these Terms in full. If you do not agree, do not use the service.

We may update these Terms from time to time. Continued use of Kelvn after changes are published constitutes your acceptance of the revised Terms. We will notify you of material changes via email or in-app notice at least 14 days in advance.

Kelvn is an AI-powered lighting design tool. You upload photos of your space, describe your preferences, and receive an AI-generated lighting analysis, product recommendations, and rendered images.

Free credits. Free-tier accounts include a limited number of complimentary report generations as displayed in the app at the time of use. Free credits are non-transferable, have no cash value, and may be modified or withdrawn at any time. Once free credits are exhausted, a paid plan is required to generate additional reports.

Kelvn is a design inspiration tool, not a substitute for a licensed lighting designer or contractor. Results vary based on photo quality, room complexity, and the inherent limitations of AI systems. For critical or professional projects, consult a qualified lighting professional.

All lighting reports, recommendations, and rendered images produced by Kelvn are generated by artificial intelligence, specifically Google's Gemini AI. By using Kelvn you acknowledge and agree to the following:

• No accuracy guarantee. AI outputs may contain errors, hallucinations, or suggestions that are impractical or impossible in your specific space. We make no representations that generated content is accurate, complete, or suitable for any purpose.
• Not professional advice. Lighting reports are design suggestions only. They do not constitute professional architectural, electrical, or design advice. Do not rely on them for construction, renovation, or any regulated activity without independent professional review.
• Your responsibility to verify. You are solely responsible for reviewing, validating, and testing any AI-generated recommendations before acting on them.
• Copyright limitations. AI-generated images may not be eligible for copyright protection under applicable law. We make no representations about the intellectual property status of generated images. You are responsible for ensuring your use of generated content does not infringe third-party rights.

You own your photos. You retain all ownership rights to the photos you upload. By uploading them, you grant Kelvn a limited, non-exclusive, royalty-free licence to store, transmit, and process them solely to provide the service — including sending them to Google Gemini AI for analysis.

Your warranties. By uploading any content, you warrant that:

• You own the photos or have explicit permission to use them for this purpose
• The photos do not violate any third party's intellectual property, privacy, or other rights
• You have obtained consent from any identifiable individuals visible in the photos
• You will not upload photos containing sensitive personal data (e.g., medical records, ID documents) beyond what is necessary to show the room

We reserve the right to remove content that violates these Terms or applicable law.

You must provide accurate information when creating your account and keep it up to date. You are responsible for maintaining the security of your credentials and for all activity that occurs under your account. Notify us immediately at contact@kelvn.app if you believe your account has been compromised.

You may not share your account with others or create accounts on behalf of third parties without our written permission.

You agree not to use Kelvn to:

• Violate any applicable law or regulation
• Upload content that infringes intellectual property rights or violates anyone's privacy
• Attempt to probe, scan, or test the vulnerability of any system or network
• Reverse-engineer, decompile, or extract any part of Kelvn's proprietary software or algorithms
• Use automated tools to scrape, crawl, or bulk-query the service
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Attempt to access another user's account or data
• Attempt to circumvent, manipulate, or bypass any content filtering, safety measures, or prompt controls — including through prompt injection, jailbreaking, or similar techniques — or use the AI system for any purpose other than architectural lighting analysis
• Remove, alter, or suppress any watermark, metadata tag, or other indicator that identifies content as AI-generated

We may suspend or terminate accounts that violate this section without notice.

Certain features of Kelvn require a paid subscription. All payments are processed by Stripe. By purchasing a plan, you authorize Stripe to charge your payment method on a recurring basis until you cancel.

Cancellation. You may cancel your subscription at any time from your Account page. Your access to paid features continues until the end of the current billing period. No credits or carry-overs are provided for unused time.

All sales are final. We do not offer refunds on on-demand report purchases. For subscription plans, if you contact us within 7 days of a charge and no reports have been generated during that billing period, we will issue a full refund of that payment at our sole discretion. This goodwill refund is available once per account lifetime and may not be claimed repeatedly across billing periods or on new accounts. Contact contact@kelvn.app within that window. Outside of this, subscription payments are non-refundable except where expressly required by applicable law (see EU Consumer Right of Withdrawal below). If you believe you were charged in error, contact us within 14 days and we will investigate. We reserve the right to decline refund requests that we reasonably determine to be made in bad faith or that form part of a pattern of abuse.

Price changes. We will give you at least 30 days' notice before changing your subscription price. Continued use after that date constitutes acceptance of the new price.

Kelvn is committed to making its service accessible to all users, including those with disabilities, in accordance with the Americans with Disabilities Act (ADA), the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, and the New York State Human Rights Law.

We are actively working to improve the accessibility of our service. If you experience barriers accessing any part of Kelvn, or need content in an alternative format, please contact us at contact@kelvn.app. We will make reasonable efforts to provide an accessible alternative or accommodation within 5 business days.

Kelvn is based in the United States and subject to US export control laws and regulations, including the Export Administration Regulations (EAR) administered by the Bureau of Industry and Security and the economic sanctions programs administered by the Office of Foreign Assets Control (OFAC).

You may not use Kelvn if you are located in, or are a national or resident of, any country or territory subject to comprehensive US sanctions, currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine. You may not use Kelvn on behalf of, or for the benefit of, any person or entity that is the target of US sanctions or on any US government denied-party list.

By using Kelvn, you represent and warrant that you are not located in, or a national or resident of, any such country or territory, and that you are not on any such list. We reserve the right to terminate accounts and refuse service where we have reason to believe these restrictions are being violated.

Kelvn uses Google Gemini AI (photo analysis and image generation), Firebase (data storage and authentication), and Stripe (payment processing). Your use of Kelvn is also subject to these third parties' terms of service. We are not responsible for any errors, outages, or changes in third-party services, including changes to Google's Gemini API that may affect Kelvn's functionality.

Kelvn's code, design, algorithms, brand, and trademarks are owned by us and protected by intellectual property law. Nothing in these Terms grants you a right to use our trademarks or brand materials.

AI-generated reports and rendered images produced from your inputs are yours to use for personal, non-commercial purposes in connection with your own spaces or projects, subject to the copyright limitations described in the AI-Generated Content section above. Any commercial use (including resale, use in commercial design services, or incorporation into client deliverables) requires our prior written permission.

KELVN IS A SOFTWARE TOOL. KELVN DOES NOT PRACTICE ARCHITECTURE, ENGINEERING, INTERIOR DESIGN, OR ANY OTHER LICENSED OR REGULATED PROFESSION. NOTHING GENERATED BY KELVN IS A PROFESSIONAL SERVICE, A CERTIFIED DESIGN DOCUMENT, OR A SUBSTITUTE FOR ADVICE FROM A LICENSED PROFESSIONAL.

Kelvn is a software company. We are not a licensed architecture firm, engineering firm, electrical contractor, or interior design firm in New York or any other jurisdiction. Our service operates strictly outside all regulated professions, within the sole domain of AI-generated aesthetic and decorative inspiration.

Conceptual outputs only. All reports, analyses, rendered images, and product recommendations produced by Kelvn are conceptual and inspirational in nature. They are not architectural plans, electrical schematics, professional lighting specifications, or construction documents. They do not account for building systems, structural integrity, electrical load calculations, or fire safety codes. They are not eligible for submission to any building department, permitting authority, or regulatory body.

No professional stamping. Most jurisdictions — including New York City — require that lighting or electrical plans submitted for construction or renovation permits be prepared and stamped by a Registered Design Professional (RDP) or Licensed Professional Engineer (P.E.). Kelvn's outputs do not qualify for such stamping. Under New York Board of Regents Rules § 29.3, a licensed professional may not stamp or certify work they did not independently prepare; any attempt to use Kelvn's outputs in that manner may constitute professional misconduct under applicable law.

Professional review required. Before purchasing materials, beginning installation, or submitting any plan to a contractor or authority having jurisdiction, you must have all suggestions reviewed and approved by a qualified, licensed professional — such as a licensed electrical contractor, registered architect, or professional engineer — to ensure compliance with the National Electrical Code (NEC) and all applicable local building codes.

Kelvn is provided "as is" and "as available" without any warranty, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that Kelvn will be uninterrupted, error-free, or that any specific result will be achieved.

We do not warrant that the service, its servers, or emails sent from kelvn.app are free of viruses, malware, or other harmful components. You are responsible for implementing appropriate security measures on your devices.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KELVN'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM YOUR USE OF THE SERVICE — INCLUDING ANY CLAIM FOR BODILY INJURY OR PROPERTY DAMAGE — SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO KELVN IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $30.

KELVN IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL — ARISING FROM YOUR USE OF OR INABILITY TO USE KELVN, EVEN IF KELVN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AI-generated product recommendations are provided for design inspiration only and do not constitute a safety assessment. You are solely responsible for verifying that any recommended fixture, bulb, or electrical component is suitable and rated for your specific installation before purchase or use. Kelvn expressly disclaims any liability for property damage, fire, or injury resulting from reliance on AI-generated recommendations without independent professional verification.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above may not apply to you in full.

You agree to indemnify and hold Kelvn harmless from any claims, losses, damages, and expenses (including legal fees) arising from: (a) your uploaded content; (b) your violation of these Terms; (c) your violation of any third party's rights; or (d) your use of AI-generated content.

Biometric indemnity. Without limiting the foregoing, you specifically agree to indemnify and hold Kelvn harmless from any claim, demand, action, or proceeding brought under the Illinois Biometric Information Privacy Act (740 ILCS 14/), the Texas Capture or Use of Biometric Identifier Act, or any similar biometric privacy statute, arising from your upload of photos containing the faces or biometric characteristics of any person, including yourself. You represent that you have obtained all necessary consents from any identifiable individuals visible in photos you upload.

You may delete your account at any time from the Account page. We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or if we are required to by law, with or without prior notice.

No refunds on termination for cause. If your account is suspended or terminated because you have violated these Terms or engaged in fraudulent or abusive activity, you forfeit any remaining subscription value and are not entitled to a refund of any amounts paid. This applies regardless of when in the billing period the termination occurs.

Upon termination, your right to use the service ends. We will delete your data in accordance with our Privacy Policy. Sections that by their nature should survive termination (AI disclaimers, limitation of liability, indemnification, governing law) will do so.

You have the right to withdraw from this contract within 14 days without giving any reason. However, for one-off lighting reports, you expressly request immediate performance and acknowledge that your right of withdrawal is lost once the report is delivered. For subscription plans, if you exercise your right to withdraw during the 14-day period, you will receive a refund minus a pro-rata amount for the days of service already provided, in accordance with Art. 14(3) of the EU Consumer Rights Directive. To exercise your right of withdrawal, contact us at contact@kelvn.app or use the withdrawal function in your Account page.

Nothing in this section limits statutory rights you may have under the laws of your country that cannot be excluded by contract.

Kelvn uses artificial intelligence to generate lighting analyses, rendered images, and product recommendations. In accordance with the EU Artificial Intelligence Act (Regulation (EU) 2024/1689), we disclose the following:

• All reports and rendered images produced by Kelvn are AI-generated. They are clearly presented as such throughout the service.
• Kelvn's AI systems are designed for design inspiration purposes and are not used to make decisions with significant legal or similarly significant effects on individuals.
• AI-generated content may contain errors or inaccuracies. See the AI-Generated Content section and our report disclaimers.
• The underlying AI model is Google Gemini. Kelvn is the deployer of this model and is responsible for ensuring its compliant use within the service.

Kelvn respects intellectual property rights. If you believe that content accessible through Kelvn infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to:

DMCA Agent: Kelvn
Email: neenickch@gmail.com
Subject line: "DMCA Takedown Notice"

Your notice must include: (1) identification of the copyrighted work claimed to be infringed; (2) identification of the infringing material and its location on the service; (3) your contact information; (4) a statement of good-faith belief that the use is not authorised; (5) a statement, under penalty of perjury, that the information is accurate and you are authorised to act on the copyright owner's behalf; and (6) your physical or electronic signature. We will respond promptly and, where appropriate, remove the infringing content.

Repeat infringers may have their accounts terminated.

These Terms are governed by the laws of the State of New York, United States, without regard to its conflict-of-law principles, except where mandatory consumer protection laws of your country of residence provide otherwise. Any court proceedings not subject to arbitration below shall be brought exclusively in the state or federal courts located in New York County, New York, and you consent to personal jurisdiction there.

Arbitration & class action waiver. Any dispute, claim, or controversy arising from or relating to these Terms or your use of Kelvn that cannot be resolved informally shall be settled by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. You and Kelvn each waive the right to a jury trial and the right to participate in a class action, class arbitration, or representative proceeding. This arbitration agreement does not apply to claims for injunctive or other equitable relief to protect intellectual property rights.

Informal resolution required first. Before filing any claim — whether in arbitration, small claims, or any other forum — you must give Kelvn at least 30 days' written notice of your dispute by emailing contact@kelvn.app with the subject "Dispute Notice" and a description of the nature and basis of the claim and the relief sought. During this 30-day period, both parties will attempt to resolve the dispute informally. This mandatory pre-filing period is a condition precedent to any legal proceeding.

Small claims. Either party may bring an individual claim in the New York City Civil Court small claims part in lieu of arbitration if the claim qualifies, provided the mandatory informal resolution period above has been completed first.

EEA & UK consumers. If you are a consumer in the EEA or UK, you may also bring proceedings in the courts of your country of residence and are entitled to use alternative dispute resolution schemes under local law. The European Commission provides an online dispute resolution platform at ec.europa.eu/consumers/odr.

Kelvn is not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, civil unrest, government action, internet or infrastructure failures, third-party service outages (including Google, Firebase, or Stripe), pandemics, or labour disputes. In such events, our obligations are suspended for the duration of the force majeure event.