Terms of Use

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Last updated: June 27, 2023
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 1. Introduction 
Welcome to Kindred. Kindred is a software application owned and operated by Kindred, Inc. The application, Kindred, and the company, Kindred, Inc. will be referenced interchangeably in this Agreement using the names “Company”, “Kindred”, “Service”, “Provider”, "Kindred, Inc.", and “We”. The user, or you who is reading this Agreement, will be referenced to as “User”, “Customer”, and “You”,  (“your”).  The other products owned and operated by the Company may be referenced throughout this document as “Property” and “Properties”. By accessing Kindred, including the mobile application, the website, www.kindred.biz, and any and all Properties owned and operated by the Company, whether via a mobile device, laptop computer, desktop computer, smart watch, smart device, tablet, phone, AR/VR display, television device, or any other device that does or does not connect to the Internet, you agree fully and completely to these Terms of Use in their entirety and without exception.  If you do not agree with any of the following information in this Terms of Use Agreement, do not use Kindred or continue to access any of its Properties, whether via mobile, web, or otherwise.  The Company reserves the right to refuse access to the Service to any person, including you, at any time for any reason, and is not obligated to inform the user why they have been refused access, or may not be legally allowed to disclose this. Furthermore, please refer to the Kindred Privacy Policy. The Kindred Privacy Policy is incorporated in this Agreement and will be referenced throughout this Terms of Use Agreement. You must agree to the Kindred Privacy Policy and the Kindred Terms of Use in order to access this Service. If you do not agree with any or all of this Agreement, you must not download Kindred or continue to access any and all Properties owned associated with the App and those operated by Kindred, Inc. 

​2. Eligibility
By using the App, you represent and warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement. If you are under 18 years of age, please do not use the App without the consent and supervision of a parent or legal guardian.

3. License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to download, install, and use the App for your personal, non-commercial use on an Apple® device that you own or control.

4. Usage Restrictions
You may not use the App for any purpose other than as expressly permitted by these Terms. In particular, you may not:
a) Copy, modify, or create derivative works of the App;
b) Distribute, sell, sublicense, lease, or otherwise make the App available to any third party;
c) Reverse-engineer, disassemble, or attempt to derive the source code of the App;
d) Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained in or on the App;
e) Access or attempt to access the App from or using a jailbroken device and/or jailbreak software or software simulator;
f) Use the App to violate any applicable laws, rules, or regulations.

5. Non-Commercial Use
Kindred is intended for personal, non-commercial use only.
a) No user shall use any feature, Content, data, or information in the Service for any commercial purposes.
b) No user shall use any information obtained from the Service to contact, solicit, or advertise to any other user without first obtaining the other user’s prior expressed written consent.
c) No user shall use any information obtained from the Service to sell, advertise, solicit or otherwise utilize for personal financial gain inside or outside of the Service.
d) The Company reserves the right to investigate any and all illegal and unauthorized activity, whether in violation of this Agreement or the law, take action at its own discretion, and report its findings to the appropriate authorities.
e) The Company reserves the right, at its sole discretion, to create exceptions for itself in the future for the purposes of bettering its business practices.

6. User Content
The App and the website www.kindred.biz may allow you to submit, upload, or otherwise make available content, such as workout data or personal information ("User Content"). You retain all rights and ownership of your User Content. By submitting User Content, including to the company via any of its communication channels, like email or otherwise, you grant us a non-exclusive, royalty-free, worldwide license to use, display, and reproduce your User Content for the purposes of providing, promoting, and improving the App.

7. Prohibited Activity, Content & Actions
The following is a list of prohibited activities, Content, and actions when using and/or accessing the Service:
a) Anything deemed hateful, racist, bigoted, or violent
b) Pornography of any kind
c) Spamming, scamming, trolling, and stalking of any kind
d) Impersonating someone or something other than yourself
e) Accessing the Service where it is not allowed
f) Using the Service to conduct or facilitate any illegal act
g) Interfering with, hacking, disabling, or otherwise disrupting the Service
h) Forge the Service in any way
I) Any form of “data mining”, whether manually or with software
j) Accessing the Service with “bots” or computers and/or software powered robots and artificial intelligence
 
The Company reserves the right to interpret any activity, and/or action in the way it deems fit and, at its discretion, determine whether or not it violates this Agreement. Furthermore, the company reserves the right to take any necessary action(s) against any users it deems as being in violation of this Agreement.

8. California Consumer Privacy Act (CCPA) Compliance
We are committed to protecting your privacy and complying with the CCPA. If you are a California resident, you have the right to request information about the personal information we collect, use, and disclose, as well as the right to request the deletion of your personal information. To exercise these rights, please contact us at hello@kindred.biz. Please note that the website www.kindred.biz does not knowingly use any third-party cookies other than those that may be made non-optional by the site host and deemed necessary for the site to function.

9. General Data Protection Regulation (GDPR) Compliance
We comply with the GDPR to ensure the protection of your personal data. If you are a resident of the European Union, you have the right to access, correct, and delete your personal data, as well as the right to restrict or object to the processing of your personal data. To exercise these rights, please contact us at hello@kindred.biz. Please note that the website www.kindred.biz does not knowingly use any third-party cookies other than those that may be made non-optional by the site host and deemed necessary for the site to function.

10. In-App Purchases & Subscriptions
Kindred may offer a variety of Subscriptions and consumable and non-consumable in-app purchases, made available to the users of the Service.  All in-app purchases are made via the user’s Apple ID account associated with the Apple® App Store®.  A user will be charged the amount indicated.  The Company does not store or hold any user payment information, only Apple Inc. does. Therefore, the Company cannot and will not ever refund any in app-purchases, including Subscriptions. All in-app purchase refund requests, including cancelling Subscriptions, must be made with Apple Inc. or managed by the user themselves. Subscriptions are correlated with your Apple ID, so even if you delete the app without canceling your subscription, you may still be charged.  The prices of subscriptions are subject to change at the discretion of Kindred, Inc. at any time and for any reason. Prices are not guaranteed to be carried over from previous subscriptions. Payment will be charged to the iTunes Account at confirmation of purchase. The subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. The user's account will be charged for renewal within 24-hour prior to the end of the current period, and identify the cost of renewal.  Subscriptions may be managed by the user from within the app and/or by going to iPhone Settings > Your Name > Subscriptions. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication where applicable.

11. Modifications to the Service  
The Company reserves the right to update, delete, change, pivot, modify, remove, disable, and/or apply any alterations at its discretion to any portion, component, data, or feature of the Service and/or the Service as a whole. The Company reserves the right to update, delete, change, pivot, modify, remove, disable, and/or apply any alterations at its discretion to any and all in-app purchases.  Changes to in-app purchases will not result in refunds from the Company. You, the user, accept, understand, and fully agree that the Company reserves the right to make changes to its products and services to the extent that it sees fit, for any reason, at any time, with no obligation to the user.

12. Disclaimers  
You, the user, accept, understand, and acknowledge that when you use the Service that you are doing so completely and entirely at your own risk and choosing. The Company, its owners, shareholders, employees, affiliates, and third parties shall not be held liable, directly or indirectly, for any loss or damage, including but not limited to bodily injury, emotional distress, theft, any violation of your person, kidnapping, death, or any other issue as a result of or alleged result of the Service.

a) Posting or submitting accurate or inaccurate information to the Service
b) Inaccurate information posted by the Service as a result of software programming or otherwise
c) The creation, reading, updating, deletion, or transmission of any and all Content, whether by the user or the Company
d) Any error in the transmission of any Content, information, or data on the part of the user or the Company
e) Any error in saving or storing any Content and/or data, including data posted or passed by the user and stored with the Service
f) Any error is saving personalized settings
g) Any technical errors on the part of the Company
​h) Any outside hacks or breaches of security by outside entities, which may or may not result in the dissemination of data, including personally identifiable information
 
You the user acknowledge that, to the maximum extent allowed by law, the Service is provided on an “AS IS” basis.  The Company grants no warranties of any kind and makes no quality guarantees of any kind. That is, the Service, including any of its related components, cannot be guaranteed to be free of bugs, errors or interruptions, nor that the Company will be able to fix or correct any and/or all bugs, errors, and interruptions to the Service. The Company produces and maintains a consumer-facing application meant entirely for entertainment and recreational purposes only. The Company and its affiliates make no claims and express no opinions that are intended to replace or substitute for any professional advice.  Now and then, the Company will express opinions in the form of advice that are purely for entertainment and recreational purposes.  The user should get alternate opinions before using the Service.

13. Liability limitations  
To the fullest extent allowed by the law, whether domestically or internationally, in no event and under no circumstances shall the Company, its owners, officers, agents, shareholders, employees, contractors, affiliates, business partners, licensors, service providers, and/or platform providers be liable or hold any obligation whatsoever to you, the user, or any third person or third party for any indirect, consequential, special, exemplary, reliance, incidental, or punitive damages, including, without limitation, loss of profits, bodily injury, emotional distress, loss of goodwill, damages for loss, damages for theft, any violation of your person, kidnapping, death, corruption or breaches of any data or software programs, service interruptions, or replacements or substitutes for services, even if the Company has been advised and is aware of the possibility of damages. The maximum potential liability of the Company for any cause of damages, regardless of the circumstance in which damages arose or allegedly arose and any actual or alleged subsequent effects in the form of damages that came about from or allegedly came about from the original damages, shall be limited to the amount paid, if any, by you to the Company for the Service. Refunds for the Service can only be requested from and managed by Apple Inc. You hereby waive any and all claims arising out of or from your use of the Service, including the mobile application and website. Since certain jurisdictions forbid the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provision may not apply to you.  If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of the company will not exceed one dollar (USD $1.00). You accept, understand, and fully agree that any claim against the Company must be filed within 12 months of the occurrence of such damages, otherwise such claim or cause of action will be forever barred and invalid. The limitation of liability in this Agreement is a fundamental element of the basis of the bargain and reflects a fair allocation of the risk inherent to you and the users of the Service. The Service would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified in this Agreement will survive even if found to have failed in their essential purpose.

14. Governing law and binding arbitration agreement  
Shall any dispute, claim, or issue arise as a result of, alleged result of, or relating to this Terms of Use Agreement, the single, exclusive, and only means of resolving such dispute, claim or issue, including any breach of this Agreement, shall and will only be binding arbitration administered by the American Arbitration Association. You accept, understand, acknowledge, and fully agree that you give up your right to go to court. Furthermore, you accept, understand, acknowledge, and fully agree that your rights in any dispute, claim, or issue brought against the Company will be determined in a fair hearing only by a neutral arbitrator, and under no circumstances by a judge or jury. Arbitration proceedings may take place only in a court of competent jurisdiction. ONLY EXCEPTION: The only exception to this binding arbitration agreement is that you have the right to bring an individual claim against the Company in a small claims court of competent jurisdiction. In the instance that this arbitration agreement is for any legitimate reason considered to be or held to be unenforceable by law, any litigation against the company, apart from small-claims court actions and proceedings, must only take place in a state or federal court located in or closest to Sonoma County, California.  You hereby irrevocably consent to the jurisdiction of those courts for such purposes. UNDER NO CIRCUMSTANCES may you commence, maintain, or partake in any class action, class arbitration, or other representative action or proceeding against the Company. You accept, understand, acknowledge, and fully agree that you give up all of your rights to participate in a class action or other class proceeding. This Agreement, and any dispute between you and the Company, shall and will, without exception and regard to principles of conflicts of law, be governed by the laws of the State of California and the Federal Arbitration Act.

15. Indemnity by you  
All the actions you take with the Service remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold the Company, its owners, officers, agents, shareholders, subsidiaries, partners, licensors, affiliates, contractors, directors, employees, and representatives harmless from and against you and any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by the Company arising as a result of, or in connection with:

a) Any negligent acts, omissions or willful misconduct by you
b) Your access to and use of the Service
c) The uploading or submission of Content to the Service by you
d) Any breach of this Agreement by you
e) Your violation of any law or of any rights of any third party
 
The Company reserves the right to assume the exclusive defense and complete control of any matter otherwise subject to indemnification by you, the user. The Company retains the exclusive right to settle, compromise and pay any and all claims or causes of action, which are brought against it without your prior consent. If asked, you will fully cooperate reasonably as required by the Company in the defense of any relevant claim.

16. Notice, messages, and notifications  
The Company may announce changes to this Agreement via the its App Store posting update description and/or via the App.  Downloading, updating, and continuing to use the App constitutes your acceptance of the  terms of this Agreement and all future versions of this Agreement. You may review it here anytime. You agree, understand, acknowledge and consent fully and completely that you willingly and knowingly may and will receive messages and correspondence from the Company about the Service and related matters.

17. Agreement as a whole  
The Terms of Use and Privacy Policy and any and all rules and guidelines regarding the use of the Service are legally binding. If any portion or provision of this agreement is deemed invalid, the remainder of this agreement shall continue in full force and effect. Failure of the Company to enforce or exercise any right or provision of this Agreement does not constitute a waiver of such right or provision. You agree, acknowledge, understand, and accept that your use of this Service and any of its offerings are non-transferable.  Your rights to use of the Service terminate only upon your death. The Agreement furthermore does not create any employment, joint venture, partnership, agency, or team with the Company, and you may not represent or invoke the Company in any way.

18. Amendments and changes  
The Company reserves the right to make amendments and changes to this Agreement at any time for any reason. Amendments and changes will take immediate effect and your continued use of the Service constitute your acceptance of these changes and amendments. The Company will always use the most current Terms of Use Agreement and Privacy Policy to govern its practices.