Terms of Service

Last Updated:

January 4, 2024

‍Kinship U.S. Terms of Service

1. Acceptance of Terms

By using the Kinship app, website, software and services (the “Service”), you hereby agree to the following Terms of Service ("TOS"). The TOS may be updated from time to time without notice to you. However, you can always find the latest TOS at https://www.heykinship.com/terms-of-service and should check regularly for updates and changes.

In addition, when using the Service, you will be subject to any posted policies, guidelines or rules of Kinship. All such policies, guidelines and rules are hereby incorporated by reference into the TOS.

2. Description of Service and Support

THE SERVICE IS PROVIDED "AS IS" AND KINSHIP, ITS AFFILIATES, AND PARTNERS ASSUME NO RESPONSIBILITY FOR TIMELINESS, NON-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE, OR PERSONALIZATION SETTINGS. ADDITIONALLY, KINSHIP PROVIDES INFORMATION WITHOUT WARRANTY OF ANY KIND AND AS SUCH, KINSHIP, ITS AFFILIATES, AND PARTNERS ARE NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF THE INFORMATION.

Unless explicitly stated otherwise, any new features which augment or enhance the Service, including without limitation the release of new Kinship properties, are subject to the then current TOS.

All users must abide by the TOS. If you fail to do so, Kinship can discontinue your ability to use the Services at any time.

You may only use the Services for purposes expressly permitted by the TOS. As a condition of your use of Kinship, you represent and warrant to Kinship that you will not use the Services for any purpose that is unlawful and/or prohibited by this TOS.

You alone are totally responsible for any activity that takes place on Kinship under your name and password. If you become aware of any unauthorized use of your username and/or password it is your responsibility to notify Kinship immediately. It is up to you to maintain the confidentiality of your password and username at all times.

You understand that you may receive business-related communications from Kinship such as Service announcements and account administrative notices and you agree that these communications are not "unsolicited commercial email advertisements" and thus, subject to all applicable laws, you agree to receive them and you will not be able to opt out of receiving such communications.

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

You understand that you are responsible for obtaining access to the Service and that access may involve fees which you are responsible for paying.

Subject to the terms hereof, Kinship will provide technical support to customers via electronic mail on weekdays during the hours of 9am through 5pm US Eastern time, except on statutory holidays (“Support Hours”). Customers can register a helpdesk ticket during Support Hours any time by emailing support@kinshipsystems.com or via other channels available in the app. Kinship will use reasonable efforts to respond to all Helpdesk tickets within one (2) business days.

YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND VIEW THE SERVICE.

3. Rules of Behavior

• You are solely responsible for your own communications and Content you create using the Services. You agree that you will not use the Services in any way that violates applicable law.

• You cannot use the Kinship name or trademarks or related trade names, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that Kinship is associated with, or endorses, or is in any way connected with you, your business, or your Content.

YOU UNDERSTAND AND AGREE THAT IN ITS SOLE DISCRETION, KINSHIP CAN REMOVE YOUR CONTENT OR TERMINATE YOUR USE OF THE SERVICES WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND.

4. Content

As a user, you will be able to link, upload, store [or post] a variety of materials and information ("Content"). This means that you have sole responsibility, not Kinship, for all of the Content that you link, upload, or post using the Service.

Kinship, its affiliates and partners shall have no liability of any kind with respect to any Content. You agree that you must assess and bear all risks associated with your use of any Content. Kinship does not control or monitor the Content and, as such, does not guarantee the accuracy, integrity or quality of such Content.

5. Indemnity

You agree to indemnify, defend, and hold Kinship, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney's fees and related costs, made by or arising out of your use of the Service in violation of these TOS and/or your violation of any rights of another or any applicable law, rule or regulation.

6. No Resale of Service

You agree not to, without the express prior written consent of Kinship in each instance: reproduce, duplicate, copy, sell, resell, or exploit, for any commercial or other purposes, any portion of the Service or content or other information or materials of any kind that you do not own.

7. Modification and Termination of the Service

Kinship reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Kinship will not be liable to you or any third party for the consequences of any modification, suspension or discontinuance of the Service.

8. Kinship Privacy Policy

Personal and certain other information is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed and updated from time to time. Our Privacy Policy, which is incorporated here by reference, is located at [insert web address/link]. You agree that your use of this Service is subject to the Privacy Policy, and therefore, agree that you will not use this Service unless and until you review the Privacy Policy and agree with its terms in its entirety.

9. Registration

In order to use certain aspects of the Service you are required to register. Registered users are subject to the following specific terms in addition to all of the other terms in this Agreement:

• In consideration of your use of the Service, you represent that you are of legal age to form a binding contract, which is eighteen (18) years of age in the United States, and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction.

• You agree to provide true, accurate, current and complete information as required on the Service's Registration Form. If you provide any information that is untrue, incomplete, not current or inaccurate, Kinship has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof).

• You agree that Kinship may, under certain circumstances and without prior notice, immediately terminate your Kinship account, any associated username and/or access to the Service. Cause for such termination shall include, but is not be limited to:(i) a breach or violation of the TOS or other Kinship policies, guidelines, or rules (including without limitation the Privacy Policy), (ii) extended periods of inactivity, (iii) your engagement in fraudulent or illegal activity, (iv) unexpected technical or security issues, and (v) requests by law enforcement or other government agencies. You also agree that any termination is in Kinship’s sole discretion and that Kinship, its affiliates and partners will not be liable to you or any third party for any termination of your account, password, username, deletion of Content and/or access to the Service.

• You agree that your account is non-transferable and any rights to your account, password, or username terminate upon your death or disability and/or termination of account for any reason.

• You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your username, password or account, or any other breach of security, contact Kinship immediately. It is up to you to maintain the confidentiality of your password and account. Kinship, its affiliates and partners are not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these terms.

10. Practices regarding Use and Storage

You acknowledge that Kinship may establish general practices and limits regarding use of the Service. You agree that Kinship, its affiliates and partners have no responsibility or liability for the deletion or failure to store or transmit any messages or communications or other content maintained or transmitted by the Service. You acknowledge and agree that Kinship reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that Kinship has the right to modify these practices and limits from time to time.

11. Location-based Services

We may provide certain features or services that rely upon device-based location information using GPS (or similar technology, where available) and crowdsourced Wi-Fi access points and cell tower locations. To provide such features or services, where available, we must collect, use, transmit, process and maintain your location data, including but not limited to the geographic location of your device and information related to your account.

12. Photo Services

We may provide certain features or services that rely upon accessing photos stored on your devices. To provide such features or services, where available, we must collect, use, transmit, process and maintain your photo data.

13. Kinship Proprietary Rights; Trademarks and Copyrights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is the property of Kinship and its licensors, and is protected by applicable intellectual property and other laws. No rights of or title to any of the Software used in connection with any Service is provided, transferred or assigned to you. Except as expressly authorized by Kinship or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part, at any time. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, service marks, patent, privacy, and/or other proprietary rights and laws. You also acknowledge Kinship’s exclusive rights in the Kinship trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on Kinship are the property of Kinship or the party that provided such intellectual property to Kinship. Kinship and any party that provides intellectual property to Kinship retain all rights with respect to any of their respective intellectual property appearing on Kinship, and no rights in such materials are transferred or assigned to you, in whole or in part, at any time.

14. Disclaimer of Warranties

The use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. KINSHIP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

KINSHIP MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (5) THAT THE SOFTWARE WILL BE ERROR-FREE AND/OR ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

No advice or information, whether oral or written, obtained by you from Kinship or through or from the Service shall create a warranty not expressly stated in these TOS.

15. Limitation of Liability

You expressly understand and agree that Kinship, its affiliates and partners will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if Kinship has been advised of the possibility of such damages or such damages were reasonably foreseeable, resulting from the use or the inability to use the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party including advertisers on the Service, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, and/or any other matter relating to the Service. In no event will Kinship be liable to you for any amount of money over One Hundred U.S. Dollars ($100.00), which you acknowledge to be a fair and reasonable sum in the event of any loss by you of any kind.

16. Disclosures Required by Law

Kinship reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. Kinship reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Kinship to disclose the identity of anyone using the Service. Kinship will use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that Kinship shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.

BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD KINSHIP, ITS AFFILIATES AND PARTNERS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KINSHIP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY KINSHIP OR ANY LAW ENFORCEMENT OR REGULATORY AUTHORITIES.

17. Disputes and Arbitration

Before filing a claim against Kinship, you agree first to contact us at [insert email address] in order to informally resolve the dispute. If we are not able to resolve your dispute within 15 days of contacting us, you may bring a formal proceeding.

You and Kinship agree to resolve any claims relating to the Service through final and binding arbitration through a single arbitrator. The American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitration will be held in the United States county where you live or work, New York City, or any other location we agree to. The AAA rules will govern payment of all arbitration fees.

You agree that you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

If there is any dispute about or involving Kinship and/or the Services, you agree than any dispute will be governed by the laws of the State of New York without regard to conflict of law provisions. Notwithstanding the arbitration provisions described above, you agree to personal and exclusive jurisdiction by and venue in the state and federal courts of the County of New York, New York.

18. Severability

19. Miscellaneous Terms; General Information

These TOS govern the terms and conditions of your use of the Service, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Kinship with respect to the Services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use or purchase certain elements of the Service, affiliate or advertiser services, third-party content or third-party software. Kinship may revise these TOS at any time by updating this posting. Accordingly, you should review the TOS periodically to determine if any changes have been made. Your continued use of the Services after any changes have been made to the TOS signifies and confirms your acceptance of any such changes or amendments to these TOS.

The failure of Kinship to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of the TOS by Kinship must be in writing and signed by an authorized representative of Kinship to be effective.

If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties' intentions as reflected in the provision, and the other provisions of these TOS, shall remain in full force and effect.

The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Nothing contained in these TOS shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each is and shall remain independent contractors (to the extent applicable), and therefore, responsible for its own actions.

Please immediately report any violations of these TOS to Kinship at support@kinshipsystems.com.

Kinship EU Terms of Service

PLEASE READ THESE LICENCE TERMS CAREFULLY

1. Acceptance of Terms

BY ACCESSING, BROWSING AND/OR USING THE SERVICES ON THE KINSHIP APP, WEBSITE, SOFTWARE AND SERVICES (“SERVICE”), YOU HEREBY AGREE TO THE FOLLOWING TERMS OF SERVICE ("TOS"). IF YOU DO NOT AGREE TO THESE TOS DO NOT CREATE AN ACCOUNT ON THE KINSHIP APP.

We, Kinship Systems LLC, of 675 Hudson Street, 3N, NY, NY 10014, USA ("Kinship", "we" or "us") license you to use:

Kinship for iOS mobile application software (App) and any updates or supplements to it.

The service you connect to via the App and the content we provide to you through it (Service).

as permitted in these TOS.

The TOS may be updated from time to time to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you at least 30 days' notice of any change by notifying you of a change when you next start the App.

If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you.

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

The App will work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.

The ways in which you can use the App and Documentation may also be controlled by the Apple App Store's rules and policies https://www.apple.com/legal/internet-services/itunes/us/terms.html and Apple App Store's rules and policies will apply instead of these terms where there are differences between the two.

This app requires an iPhone device with a minimum of 250 megabytes of memory and the iOS operating system of version 12 or higher.

2. Description of Service

Kinship offers different subscription tiers of the App when you create your account.

Upon choosing a paid subscription tier, you are required to designate and provide information about your preferred payment method (e.g., credit card, online payment service) on the Apple AppStore, Google Play, or Stripe, depending on the platform you use.

You agree to pay all subscription fees incurred in connection with your username and password for your Kinship account.

By agreeing, you confirm that the information is accurate and that you have the authority to use this payment method. You agree to promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Kinship the amount that is specified in the subscription tier and payment plan in accordance with the terms of such plan and this Terms of Service.

You will be charged for your selected subscription tier using your preferred payment method unless you cancel the subscription prior to the end of the next billing period. Cancellations must be done directly in your Apple AppStore, Google Play, or Stripe accounts, depending on the platform you use and where your subscription was originally set.

Unless explicitly stated otherwise, any new features which augment or enhance the Service, including without limitation the release of new Kinship properties, are subject to the then current TOS.

As a condition of your use of Kinship, you represent and warrant to Kinship that you will not use the Services for any purpose that is unlawful and/or prohibited by this TOS. You may only use the Services for purposes expressly permitted by the TOS and in return for your agreeing to comply with these TOS, you may:

download or stream a copy of the App onto any mobile or handheld device and view, use and display the App and the Service on such devices for your personal purposes only.

provided you comply with the Licence Restrictions below, make up to two copies of the App for back-up purposes; and

receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.

We are giving you personally the right to use the App and the Service as set out above and you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free.

If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at https://www.heykinship.com/.

If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support@kinshipsystems.com.

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided to us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

You understand that you are responsible for obtaining access to the Service and that access may involve fees which you are responsible for paying.

You must be at least 18 years of age to access and view the Service.

3. Content

As a user, you will be able to link, upload, store a variety of materials and information ("Content"). This means that you have sole responsibility, not Kinship, for all of the Content that you link, or upload using the Service.

You agree that you must assess and bear all risks associated with your use of any Content. Kinship does not control or monitor the Content and, as such, does not guarantee the accuracy, integrity or quality of such Content.

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and Kinship is not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

4. Licence Restrictions

You are solely responsible for your own communications and Content you create using the Services. You agree that you will not use the Services in any way that violates applicable law.

You cannot use the Kinship name or trademarks or related trade names, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that Kinship is associated with, or endorses, or is in any way connected with you, your business, or your Content.
You must:
- not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

You agree that you will not , without the express prior written consent of Kinship in each instance:

except in the course of permitted sharing, rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from Kinship;

reproduce, duplicate, copy the App or the Service, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Service nor permit the App or the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Service on devices as permitted in the TOS;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program ("Permitted Objective"), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;

comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service;

sell, resell, or exploit, for any commercial or other purposes, any portion of the Service or content or other information or materials of any kind that you do not own.

You understand and agree that in its sole discretion, Kinship can remove your content or terminate your use of the Service without prior notice and without any right of refund if you breach the TOS.

5. Modification and Termination of the Service

Kinship reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) by giving you at least 30 days' notice except where Kinship needs to carry out unplanned maintenance or any emergency works.

6. Kinship Privacy Policy

Personal and certain other information is subject to our Privacy Policy. When you use the Service you acknowledge that Kinship will process your personal data in accordance with our Privacy Policy, as it may be changed and updated from time to time. Our Privacy Policy, which is incorporated here by reference, is located at https://www.heykinship.com/privacy-policy. We recommend that you review our Privacy Policy before using the Service.

When using the Service you may provide us with personal data of your contacts (such as your business contacts, family and friends). We ask that you don't provide any sensitive information about contacts without either making the contact non-identifiable (i.e. so that we can't tell who they are) or notifying them that you are doing so. Please note that it is your responsibility to notify your contacts that we shall be processing their personal data (although we won't be able to access it to find anything out about them and to direct them to our Privacy Policy on request.

To the extent that you use our Service for business use (i.e. as part of your job or to store information about work contacts not personal contacts) or if you otherwise assume the role of a data controller, then you will be responsible for complying with your own obligations under applicable data protection legislation.

8. Registration

In order to use certain aspects of the Service you are required to register. Registered users are subject to the following specific terms in addition to all of the other terms in this Agreement:

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract, which is eighteen (18) years of age in the United Kingdom, and are not a person barred from receiving the Services under the laws of England or other applicable jurisdiction.

You agree to provide true, accurate, current and complete information as required on the Service's Registration Form. If you provide any information that is untrue, incomplete, not current or inaccurate, Kinship has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof). You agree that Kinship may, under certain circumstances , terminate your Kinship account, any associated username and/or access to the Service by contacting you. you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so. Cause for such termination shall include, but is not be limited to:(i) a breach or violation of the TOS or other Kinship policies, guidelines, or rules (including without limitation the Privacy Policy), (ii) (ii) your engagement in fraudulent or illegal activity, (iii) unexpected technical or security issues, and (iv) requests by law enforcement or other government agencies.

You agree that your account is non-transferable and any rights to your account, password, or username terminate upon your death or disability and/or termination of account for any reason.

You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your username, password or account, or any other breach of security, contact Kinship immediately. It is up to you to maintain the confidentiality of your password and account.

If we end your rights to use the App and Services:

You must stop all activities authorised by these terms, including your use of the App and any Services.

You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

9. Practices regarding Use and Storage

You acknowledge that Kinship may establish general practices and limits regarding use of the Service. You further acknowledge that Kinship has the right to modify these practices and limits from time to time by notifying you when the practices are modified.

10. Location-based Services

11. Photo Services

12. Kinship Proprietary Rights; Trademarks and Copyrights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is the property of Kinship and its licensors, and is protected by applicable intellectual property and other laws. No rights of or title to any of the Software used in connection with any Service is provided, transferred or assigned to you. Except as expressly authorised by Kinship or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part, at any time. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service or advertisers is protected by intellectual property data protection, and/or other proprietary rights and laws. You also acknowledge Kinship’s exclusive rights in the Kinship trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on Kinship are the property of Kinship or the party that provided such intellectual property to Kinship. Kinship and any party that provides intellectual property to Kinship retain all rights with respect to any of their respective intellectual property appearing on Kinship, and no rights in such materials are transferred or assigned to you, in whole or in part, at any time.

13. Liability

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The App and the Service are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the App Store site and in the Documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

14. Disclosures Required by Law

Kinship reserves the right at all times to disclose any information, including your personal data, as necessary to satisfy any applicable law, regulation, legal process or governmental request. Kinship reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Kinship to disclose the identity of anyone using the Service. Kinship will use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential and to notify you would not put us in breach of any applicable laws. For more information on when we may disclose your personal data please see our Privacy Policy https://www.heykinship.com/privacy-policy.

15. Third Party Rights

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

16. Disputes and Alternative Dispute Resolution

Before filing a claim against Kinship, you agree first to contact us at support@kinshipsystems.com in order to informally resolve the dispute. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Centre for Effective Dispute Resolution ("CEDR") via their website at https://www.cedr.com/. CEDR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform. If you are not happy with the outcome of the alternative dispute resolution process, you may bring formal proceedings.

If there is any dispute about or involving Kinship, the App and/or the Service, you agree than any dispute will be governed by the laws of England without regard to conflict of law provisions. Notwithstanding the alternative dispute resolution provisions described above, if you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

17. Severability

If a court with authority over this TOS finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this TOS. If any provision of these TOS is found by a court of competent jurisdiction to be invalid or illegal, the parties' intentions as reflected in the provision, and the other provisions of these TOS, shall remain in full force and effect.

18. Miscellaneous Terms; General Information

Kinship may transfer our rights and obligations under the TOS to another organisation. Kinship will always tell you in writing if this happens and Kinship will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Please immediately report any violations of these TOS to Kinship at support@kinshipsystems.com.