Terms of Service

These Terms of Service ("Terms") govern your access to and use of Kensley (kensley.ai), operated by Kensley Ltd ("Kensley", "we", "us", or "our"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Service.

1. Definitions

1.1"Service" means the Kensley platform accessible at kensley.ai, including all features, tools, data, content, and APIs provided through the platform.

1.2"Client" or "you" means the individual or entity that registers for and uses the Service.

1.3"Subscription" means the paid plan selected by the Client, which determines the scope of access to the Service.

1.4"Generated Content" means any documents, statements, reports, or other outputs produced by the Service using artificial intelligence, including but not limited to planning statements, design and access statements, heritage statements, appeal statements, and pre-application letters.

1.5"Planning Data" means the planning application records, decision notices, officer reports, policy documents, constraint data, and other information indexed and made available through the Service.

1.6"AI Features" means the artificial intelligence and large language model capabilities integrated into the Service, including but not limited to the document generation feature ("Generate"), the research assistant feature ("Ask Kensley"), and the site analysis and scoring features.

2. Eligibility And Registration

2.1You must be at least 18 years of age and have the legal authority to enter into these Terms to use the Service.

2.2You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

2.3You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

2.4We reserve the right to suspend or terminate your account if any information provided is found to be inaccurate, misleading, or incomplete.

3. Subscription And Payment

3.1Access to the Service requires a paid Subscription. Details of available plans and their features are set out on our Pricing page at kensley.ai/#pricing.

3.2All Subscriptions are offered with a 14-day free trial period. No payment is required during the trial period. Upon expiry of the trial period, the Subscription will automatically convert to a paid Subscription unless cancelled.

3.3Fees are payable monthly or annually in advance, as selected by the Client at the time of Subscription. All fees are quoted in British Pounds Sterling (GBP) and are exclusive of VAT, which shall be added where applicable.

3.4Payment is processed by our third-party payment processor, Stripe. By providing payment information, you agree to Stripe's terms of service and authorise us to charge the applicable fees to your designated payment method.

3.5We reserve the right to change our fees upon 30 days' written notice. Any fee changes will take effect at the start of the next billing cycle following the notice period.

3.6Non-payment of fees when due shall constitute a material breach of these Terms. In the event of non-payment, we may immediately suspend access to the Service.

3.7Unpaid amounts are subject to a late interest charge of 1.5% per month on any outstanding balance, or the maximum amount permitted by law, whichever is lower.

4. Use Of The Service

4.1Subject to your compliance with these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable licence to access and use the Service for your internal professional purposes.

4.2You may use the Service to research planning applications, analyse site constraints, generate planning documents, and access planning intelligence data.

4.3You shall not:

• (a)sublicence, sell, resell, transfer, assign, or distribute the Service or any content obtained through the Service;
• (b)use the Service to build a competing product or service;
• (c)use automated scripts, bots, or other means to access the Service in a manner that exceeds reasonable use;
• (d)attempt to reverse engineer, decompile, or disassemble any part of the Service;
• (e)interfere with or disrupt the integrity or performance of the Service;
• (f)use the Service in any manner that violates applicable law or regulation;
• (g)share account credentials with individuals not authorised under your Subscription plan.

4.4We reserve the right to impose usage limits, throttle access, or suspend accounts that engage in excessive or abusive use of the Service.

5. Generated Content And AI Disclaimer

5.1The Service uses artificial intelligence, including large language models provided by third-party providers (including but not limited to Anthropic, Groq, and Meta), to generate planning documents, analyse sites, score precedents, and provide research assistance.

5.3While we endeavour to ensure that Generated Content is accurate and based on verifiable sources, we make no warranty or representation that:

• (a)Generated Content is free from errors, omissions, or inaccuracies;
• (b)policy citations, case references, or precedent analyses are current or complete;
• (c)Generated Content is suitable for any particular planning application or purpose;
• (d)the AI will not produce hallucinated, fabricated, or misleading content.

5.4The Service flags gaps in data and unverified claims using [CONSULTANT NOTE] markers within Generated Content. The presence or absence of such markers does not guarantee the accuracy or completeness of the remaining content.

5.5You acknowledge that:

• (a)you are solely responsible for the final content of any planning document submitted to a local planning authority, the Planning Inspectorate, or any other body;
• (b)reliance on Generated Content without independent professional verification is entirely at your own risk;
• (c)we shall not be liable for any loss, damage, or adverse outcome arising from the use of Generated Content in planning applications, appeals, or other submissions.

5.6The AI Features may produce different outputs for identical inputs. This is a characteristic of large language model technology and does not constitute a defect in the Service.

6. Planning Data Accuracy

6.1Planning Data is sourced from publicly available records published by local planning authorities, the Planning Inspectorate, HM Land Registry, the Environment Agency, Natural England, Historic England, and other government bodies.

6.2We update Planning Data regularly but make no warranty that data is complete, current, or error-free. Local planning authorities may amend, withdraw, or update planning records at any time without notice to us.

6.3Constraint data (including but not limited to Green Belt designations, conservation areas, flood zones, listed buildings, TPOs, Article 4 directions, and SSSIs) is derived from publicly available datasets. Boundary data may not reflect the most recent amendments to designations. You should verify all constraint data with the relevant local planning authority before relying on it.

6.4Council intelligence data (approval rates, refusal patterns, housing delivery test results, five-year land supply figures) is calculated from our indexed data and may differ from official figures published by councils or government departments.

6.5Property transaction data is sourced from HM Land Registry Price Paid Data and is subject to the terms under which that data is published.

7. Data Processing And Privacy

7.1Your use of the Service is subject to our Privacy Policy at kensley.ai/privacy, which is incorporated into these Terms by reference.

7.2When you use the AI Features, the text you input (including postcode, proposal description, site address, and consultant notes) is transmitted to third-party AI providers for processing. This transmission is necessary for the AI Features to function. Our AI providers include:

• (a)Groq Inc. (for document generation via the Llama language model)
• (b)Such other providers as we may use from time to time

7.3We do not transmit your personal data (name, email, account details) to AI providers. Only the planning-related text you input into the AI Features is transmitted.

7.4Our AI providers are contractually prohibited from using your inputs to train their models. Inputs are processed in real-time and are not retained by the AI provider beyond the duration of the request.

7.5You are responsible for ensuring that any information you input into the Service does not contain sensitive personal data of third parties without appropriate consent or legal basis.

8. Intellectual Property

8.1All intellectual property rights in the Service, including but not limited to software, databases, designs, trademarks, and documentation, are and shall remain the property of Kensley.

8.2You retain ownership of any original content you input into the Service, including consultant notes and proposal descriptions.

8.3Generated Content produced by the AI Features is provided to you under a non-exclusive licence for your professional use. You may use, modify, and submit Generated Content as part of planning applications and professional work product.

8.4You shall not represent Generated Content as having been produced entirely by human effort where disclosure of AI involvement is required by any applicable professional code of conduct, regulation, or law.

9. Limitation Of Liability

9.2Our total aggregate liability to you for any claims arising out of or relating to these Terms or the Service shall not exceed the total fees paid by you to Kensley in the twelve (12) months preceding the claim.

9.3The Service is provided "as is" and "as available". We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.4Without limiting the generality of the foregoing, we do not warrant that:

• (a)the Service will be uninterrupted, error-free, or secure;
• (b)defects will be corrected within any particular timeframe;
• (c)the Service or the servers that make it available are free from viruses or other harmful components.

9.5Nothing in these Terms shall exclude or limit our liability for:

• (a)death or personal injury caused by our negligence;
• (b)fraud or fraudulent misrepresentation;
• (c)any other liability that cannot be excluded or limited by applicable law.

10. Confidentiality

10.1Each party shall treat as confidential all information obtained from the other party in connection with these Terms and the Service.

10.2The obligation of confidentiality shall not apply to information that:

• (a)is or becomes publicly available other than through a breach of these Terms;
• (b)was known to the receiving party prior to disclosure;
• (c)is independently developed by the receiving party without reference to the disclosing party's confidential information;
• (d)is required to be disclosed by law, regulation, or court order.

11. Termination

11.1You may cancel your Subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods.

11.2We may terminate or suspend your access to the Service immediately, without prior notice, if:

• (a)you breach any provision of these Terms;
• (b)you fail to pay fees when due;
• (c)we are required to do so by law;
• (d)we discontinue the Service.

11.3Upon termination, your right to use the Service ceases immediately. We may delete your account data within 30 days of termination, except where we are required to retain it by law.

11.4Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 5, 8, 9, 10, and 13.

12. Modifications

12.1We reserve the right to modify these Terms at any time. We will provide notice of material changes by email or through the Service.

12.2Your continued use of the Service following the posting of modified Terms constitutes acceptance of those modifications.

13. Governing Law And Dispute Resolution

13.1These Terms shall be governed by and construed in accordance with the laws of England and Wales.

13.2Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

13.3Nothing in these Terms shall prevent either party from seeking injunctive or other equitable relief from any court of competent jurisdiction.

14. General

14.1These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Kensley with respect to the Service.

14.2If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.3Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4You may not assign or transfer these Terms without our prior written consent.

14.5For any questions about these Terms, please contact us at legal@kensley.ai.