Terms of Service

Effective May 8th, 2018

Welcome to Kinder. This application is owned and operated by Kinder LLC, 2205 James Guthrie Court, Louisville, KY, apartment 1. By using this application, you are verifying that you are at least 13 years old and you are agreeing to the Terms of Service (hereafter referred to as “Terms” or “Terms Agreement” or “User agreement”) set forth in this document, in addition to our Privacy Policy (refer to separate document for details). YOU ARE ALSO AGREEING TO THE BINDING ARBITRATION PROVISION CONTAINED LOWER IN THE TERMS AGREEMENT. If you are accepting these Terms and using our services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DO NOT USE THIS APPLICATION OR PLATFORM.

We reserve the right to modify this Terms Agreement or any part of it at any time, with our absolute and unilateral discretion. We further reserve the right to alter these Terms without notice to the user, and you acknowledge and agree that it is your responsibility to review the Terms laid out in this document periodically to familiarize yourself with any alterations. Your continued use of this application following any modifications will constitute acknowledgement and agreement of the modified terms and conditions.

IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES. NO ADVICE ON FOUND THROUGH THIS APPLICATION SHOULD BE CONSIDERED AS MEDICAL OR PROFESSIONAL ADVICE.

Who May Use the Service

You may use everything Kinder LLC provides including but not limited to the application, our platform, website, email notifications, buttons, features, customer support, direct messaging (herein referred to as “Services”) only if you agree to form a binding contract with Kinder LLC and are not a person barred from receiving services under the laws of the applicable jurisdiction. This contract also includes all content associated with and created within or by our Services such as but not limited to any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively with our Services, herein this will be known as “Content”). In any case, you must be at least 13 years old to use the Services. If you are between 13 and 18 years of age, you may only use this application under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If a legal guardian becomes aware that your dependent has provided us with personal information without your consent, please contact us via the “Contact Us” tab in the settings of the application or via email at support@kinderllc.com. We do not knowingly collect personal information from children under 13 years of age. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account.

Responsible Use and Conduct

By using our application and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as “Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

  1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date. We reserve the right to contact you directly, using the contact information you have provided, if we are worried about your well-being, or for any reasonable cause or concern relating to your usage of Kinder. You also agree to being contacted by Kinder Affiliates as defined under the Disclaimer and limitations of liability, for any reason.
  2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
  3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
  4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
  6. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  7. We may provide various open communication tools on our application such as, user reviews, private chats, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open or private communication tools as mentioned, you agree that you will not upload, send, share, or otherwise distribute any content that:
    1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
    2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
    3. Contains any type of unauthorized or unsolicited advertising;
    4. Impersonates any person or entity, including any Kinder LLC employees or representatives.
  8. We do not assume any liability for any content posted by you or any other 3rd party users of our application. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Kinder LLC, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open or private communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
  9. Any use or reliance on any content, as well as any associated consequences, within the application is the responsibility of the involved users, and Kinder LLC does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications in the application or endorse any opinions expressed via the application. You understand that by using this application, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, communications that have been mislabeled or are otherwise deceptive. All interactions and communication on the application are the sole responsibility of the person who originated such material. We may not monitor or control the content communicated or generated in the application and we cannot take responsibility for such material.
  10. You agree to indemnify and hold harmless Kinder LLC and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, endorsers, partners, collaborators, advertisers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
  11. You understand that you are responsible for all data charges you incur by using this application.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. Please refer to the separate privacy policy document for details.

Interactions with other users

Kinder provides a platform for users to communicate and interact with one another. You are solely responsible for your interactions with others and Kinder LLC has no responsibility or liability with respect to any online or offline interactions. We reserve the right, but have no obligation, to monitor interactions between you and other users on our application. Please use your best judgement and keep safety in mind when you use our application and interact with others.

Copyright and Trademark

All Kinder logos and any other product or service name or slogan contained in this application are trademarks of Kinder LLC and its licensors. Unless otherwise indicated, the application and all contained content and other materials, including but not limited to, the Kinder logo and all designs, text, graphics, pictures, videos, information, data, software, information, files, as well as their arrangement and selection in the application are the proprietary property of Kinder LLC and are protected by U.S. and international copyright, trademark, and other laws. Except as explicitly stated in these Terms, Kinder LLC does not grant any rights to use any of the above mentioned materials, the application, or any of its components.

Kinder LLC gives you a personal, royalty-free, non-assignable and non-exclusive license to use this application for its intended purpose. This license has the sole purpose of enabling you to use and enjoy the benefit of the application as provided by Kinder LLC, in the manner permitted by these Terms. We enact copyright law on this application, and do not give you license or permission to reconstruct or distribute this application on your own.

Ending these terms

Kinder reserves the right, without notice and in its sole discretion, to terminate and revoke your license to use this application and to block or prevent your future access or use of our services. We may suspend your account at any time, and for any reason. If you delete your account, we will remove your information from our systems, which can take up to a month to complete.

Severability

If any provisions in these Terms shall be deemed unlawful, void, or for any other reason, unenforceable, then the provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Links

Kinder LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Kinder LLC of the site. Use of any such linked website is at the user’s own risk.

Disclaimer and limitations of liability

Your access to this product and all Services (and Content) provided by Kinder LLC are at your own risk. You understand, acknowledge, and agree to the services provided to you no an “AS-IS” and “AS AVAILABLE” basis. “Kinder and Affiliates” refers to Kinder LLC its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, advertisers, promotors, endorsers and licensors. Kinder and Affiliates make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Kinder and Affiliates or through the Services, will create any warranty or representation not expressly made herein.

Disputes

Except if you opt-out, any dispute or claim relating in any way to your use of an Kinder LLC Service, or to any products or service sold or distributed by Kinder LLC will be resolved by binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidate, or representative action. You may opt-out of this agreement to arbitrate. If you do, neither you nor Kinder LLC can require the other to participate in an arbitration proceeding. To opt out, you must notify Kinder LLC via our in-app contact us feature within 30 days that you first became subject to this arbitration provision. By using our application, you acknowledge and agree to this Arbitration clause, in addition to the rest of the Terms.

To the maximum extent permitted by the law, Kinder and Affiliates shall not be responsible or liable for any direct, indirect, incidental, consequential, special, or punitive damages or any loss of profits or revenues, whether incurred directly or indirectly, or any loss od data, or any other intangible losses resulting from (i) your access to use or inability to access or use the Services (ii) any conduct or content of any third party on the Services, including without limitation, any contentious, offensive or illegal conduct of other users or third parties (iii) any content obtained from services

IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES. NO ADVICE ON FOUND THROUGH THIS APPLICATION SHOULD BE CONSIDERED AS MEDICAL OR PROFESSIONAL ADVICE.

If you have any questions or concerns, you may contact us through our in-app contact us feature in the settings. You may also mail us at our address, or send us an email at support@kinderllc.com.