Terms of Use

Kindkudos Mobile Application Terms of use

Last modified February 10, 2015

  1. BINDING CONTRACTUAL TERMS

    By downloading or using the Kindkudos mobile application, including all Content (as defined below), available through Apple’s App Store or the Google Play Marketplace, or by accessing any associated content such as email feeds, feeds through apps, or other Kindkudos services (collectively the “Service”), the person or entity downloading or using the Service (“You”) signify (a) that You have read and understood these terms and conditions (“Terms of Use”); and (b) that these Terms of Use have the same force and effect as a signed agreement. The Service is provided by Kind Kudos, Inc., a company registered in the state of Delaware (“Kindkudos”).

    The Service allows users to transmit text, voice, photo, and/or video messages to other users of the Service or any individual with a cellular phone number. The basic Service is free to use. However, Kindkudos also offers a premium subscription service (the “Premium Service”). The premium service allows the user to store more than 50 messages in the cloud. For more information on the Premium Service, please visit this link.

    If You are accepting these Terms of Use on behalf of Your employer, You affirm that You have the authority to do so. You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In addition, You affirm that You have not been previously suspended or removed from the Service.

    ATTENTION: PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS PART OF THESE TERMS OF USE, CAREFULLY BEFORE USING THE SERVICE. ACCESSING, DOWNLOADING OR USING ANY PART OF THE SERVICE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF USE AND PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THE TERMS OF USE AND PRIVACY POLICY, DO NOT USE OR OTHERWISE ACCESS THE SERVICE AND DELETE ANY DOWNLOADED APPLICATIONS AND MATERIALS IMMEDIATELY.

    We reserve the right to modify or discontinue the Service (or any portion of the Service), temporarily or permanently, with or without notice to You, and are not obligated to support or update the Service. You agree that Kindkudos shall not be liable to You or any third party in the event that We exercise our right to modify or discontinue the Service (or any portion of the Service). If We exercise our right to discontinue the Service, We will provide functionality that will permit You to download the messages You have stored within the Service before the Service is discontinued. Unless explicitly stated otherwise, any new features that augment or enhance the current Service will be subject to these Terms of Use.

    We may change these Terms of Use at any time. Please review the Terms of Use each time You visit the Service. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS OF USE. If We materially change these Terms of Use, We’ll let You know by showing them to You again when You log in to Your account.

    These Terms of Use include a disclaimer of warranties, a disclaimer of liability, a release and indemnification by You, as well as a class action waiver in Sections 3, 6, 10, 12, 13, 14, and 17. Please review those sections (and all of the other terms) carefully.

  2. PRIVACY POLICY

    Our Privacy Policy describes the information Kindkudos collects when You and others use the Service. It also describes how Kindkudos uses and shares any personal information You share with it. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, You are also consenting to our collection, use, and sharing of Your personal information in accordance with our Privacy Policy. Please click here to review our Privacy Policy.

  3. LINKS TO AND FROM THE SERVICE

    The Service may contain links to third party websites and online services (such as apps) that are not owned or controlled by Kindkudos. Kindkudos has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, Kindkudos will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICE, YOU EXPRESSLY RELEASE KINDKUDOS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE KINDKUDOS PARTIES”), APPLE AND GOOGLE FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, We encourage You to be aware when You leave the Service and to read the terms and conditions of use for each other website or online service that You visit.

  4. TERM

    The Service will be provided from the date on which You download or register for the Service and accept these Terms of Use and will continue until terminated.

  5. SECURITY MEASURES

    Kindkudos will apply reasonable measures to protect the security of the information uploaded by You when using the Service and to allow such information to be accessible to other individuals with whom You have elected to share Your content through the Service.
    It is Your responsibility and obligation to protect the security of Your log-in details and passwords. Kindkudos strongly recommends that such access details not be shared with any person.

    Kindkudos will be entitled (but not required) to apply security measures to protect the Service and the Content and will be entitled to block users (or IP addresses) identified or suspected as being used to access the Service without authorization or for unlawful purposes including for disrupting or damaging the Service.

    You will notify Kindkudos of any activity on the Service suspected as being for unlawful purposes including any activity liable to disrupt, gain unauthorized access to, or cause any damage to the Service.

    You will notify Kindkudos immediately of any security breach involving the Service of which You become aware including any loss of personal information and any incident where personal information (relating to You) becomes available to unauthorized persons through the Service.

    Kindkudos will be entitled to use non-personal information processed on the Service, without limitation, to obtain technical, statistical or other information. Any databases of non-personal information which Kindkudos may create out of the information on the Service from time to time will be part of the Content.

  6. USER SUBMISSIONS

    The Service may permit the submission of text, audio recordings, graphics, photos, videos, and messages intended to be sent from one user to another user (“User Messages”) and material, information, comments, feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications submitted by You and other users (“User Feedback”) (“User Messages” and “User Feedback” collectively “User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published or posted, Kindkudos (1) does not guarantee any confidentiality with respect to any User Submissions, (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions.

    You shall be solely responsible for Your own User Submissions and the consequences of sharing them. Kindkudos does not claim ownership of any of Your User Submissions. By submitting User Messages to Kindkudos, You hereby grant Kindkudos and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Messages in connection with the offering the Service.

    By submitting User Feedback to Kindkudos, You hereby grant Kindkudos and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Feedback in connection with the Service and Kindkudos’ (and its successors’, assigns’, and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any form and media formats and through any media channels.

    You also hereby grant each user of the Service a worldwide, non-exclusive, royalty-free license to access Your User Submissions through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service and under these Terms of Use.

    In connection with User Submissions, You represent and warrant that You will not: (i) transmit, submit, or post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to transmit, submit or post the material and to grant Kindkudos all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Kindkudos or any third party; (iii) transmit, submit, or post material that involves gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, or (iv) transmit, submit, or post material that is otherwise inappropriate. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your transmitting, submitting, or posting User Submissions. Kindkudos does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Kindkudos, APPLE AND GOOGLE expressly disclaim any and all liability in connection with User Submissions. Kindkudos does not permit copyright infringing activities, infringement of rights of publicity, or infringement of other intellectual property rights on its Service. Kindkudos will not necessarily monitor User Submissions. However, Kindkudos reserves the right to monitor, alter, edit, or remove Content (including User Submissions) and block users without prior notice and for any reason. Kindkudos also reserves sole discretion to decide whether Content (including a User Submission) is appropriate and complies with these Terms of Service.

    You understand that when using the Service, You may be exposed to User Submissions from a variety of sources, and that Kindkudos is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE KINDKUDOS PARTIES, APPLE, AND GOOGLE WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD THE KINDKUDOS PARTIES, APPLE, AND GOOGLE HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICE.

    If You do not wish to receive messages from particular users through the Service, please use the function of the Service which allows you to block messages from a sender.

  7. ACCESS TO THE SERVICE/USERS WHO VIOLATE TERMS OF USE

    1. Kindkudos hereby grants You permission to use the Service as set forth in these Terms of Use, provided that: (1) You will not copy, download or distribute any part of the Service in any form or medium without Kindkudos’ prior written authorization, except as permitted in Section 9 below; (2) You will not alter, modify, or make derivative works from any part of the Service without Kindkudos’ prior written authorization, except as permitted in Section 9 below; and (3) You will otherwise comply with these Terms of Use.
    2. Kindkudos may, at its sole discretion, disable or terminate the accounts of users who violate these Terms of Use, including, but not limited to, the accounts of users who submit User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly.
  8. RESTRICTIONS ON USE OF THE SERVICE

    In Your use of the Service, You shall not:

    • provide false personal information or create an account for anyone other than Yourself without permission;
    • create another account without our permission, if We have disabled Your account;
    • share Your password, let anyone else access Your account, or do anything else that might jeopardize the security of Your account;
    • assign or transfer Your account or login information to anyone;
    • use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Service;
    • post, transmit or submit any confidential (including Your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses), false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, offensive, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;
    • upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
    • upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
    • use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service;
    • obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service;
    • facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize;
    • impersonate or misrepresent any person or entity or Your affiliation with someone else. For the elimination of doubt, You must use Your real name when registering for and using the Service;
    • remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Service;
    • collect personally-identifiable information of other users;
    • harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
    • solicit other users to join, become members of, or contribute money to any online service or other organization;
    • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
    • post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Service;
    • stalk, bully, or otherwise harass any person or entity;
    • harm minors in any way; or
    • use any discussion functionality to advertise or perform any commercial solicitation.

    Please also visit this link for the Kindkudos User Code of Conduct.

    Kindkudos will fully cooperate with any law enforcement authorities or court order requestin or directing Kindkudos to disclose the identity of anyone violating these Terms of Use.

    Kindkudos believes in children’s online safety and oes not wish to receive information regarding children under 13 years old. Therefore, You may not post or submit any personally-identifiable information of a child under 13 years old or information sufficient to locate such a child on or through the Service. If You are under 13 years of age, then please do not attempt to submit any information to or use the Service.

  9. INTELLECTUAL PROPERTY

    Everything You see, hear, or otherwise experience through this Service, including but not limited to the graphics, videos, text, software, photographs, scripts, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Kindkudos, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Kindkudos owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on this Service may violate copyright, trademark, and other laws. KINDKUDOS and the Kindkudos logo are trademarks of Kindkudos.

    Content on the Service is provided to You AS IS for Your information and personal use only. For Your personal use, You may view, copy, and print screenshots of the Service. Otherwise, the Service may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Kindkudos reserves all rights not expressly granted in and to the Service and the Content. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application unless expressly permitted by Kindkudos in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by Kindkudos. You may not build a business using the Content, whether or not for profit. If You copy or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein, nor may You scrape or use any extraction methods to obtain any content or data from the Service.

  10. ADVERTISEMENTS/RELEASE

    Kindkudos takes no responsibility for advertisements or any third party material transmitted through or posted on the Service, nor does it take any responsibility for the products or services provided by service providers with profiles or other Content accessible through the Service (“Advertisers”). Any dealings You have with Advertisers found while using the Service are between You and the Advertiser, and You agree that Kindkudos is not liable for any loss or claim that You may have against an Advertiser.

    YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE KINDKUDOS AND THE KINDKUDOS PARTIES, APPLE, AND GOOGLE FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE AND YOUR TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING WITHOUT LIMITATION THE STATES OF MISSOURI, DELAWARE AND PENNSYLVANIA) TO THE FULLEST EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.

  11. WARRANTIES

    You warrant and represent to Kindkudos as set out below:

    1. The information provided to Kindkudos in any registration or application screen, profile, email, postings, telephone call or through other means including all personal details, contact details and all other data provided to Kindkudos is true in all respects, up-to-date and not misleading in any way.
    2. You will keep the information referred to in paragraph (a) up to date.
    3. You will not access the Service under false identity or pretext and will not use it to falsify Your or any other person’s identity (however, this will not prevent You from using an adopted name provided the name is used lawfully and in good faith).
    4. You will use the Service lawfully and in good faith.
    5. You will keep Your log-in details and password secure and will not share such information with third parties.
  12. DISCLAIMER OF WARRANTIES

    YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS. THE KINDKUDOS PARTIES, APPLE, AND GOOGLE GIVE NO WARRANTY NOR MAKE ANY REPRESENTATION IN RELATION TO THE SERVICE OR THE CONTENT. THE KINDKUDOS PARTIES, APPLE, AND GOOGLE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF THE KINDKUDOS PARTIES, APPLE, AND GOOGLE RELATING TO THE SERVICE OR THE CONTENT, EXPRESS, IMPLIED, STATUTORY AND OTHERWISE IN CONNECTION WITH THE SERVICE, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY THE KINDKUDOS PARTIES, APPLE, AND GOOGLE AND ANY AGREEMENT WITH A THIRD PARTY, THAT MAY BE IMPLIED BY THESE TERMS OF USE, BY CUSTOM, OR BY LAW OR OTHERWISE AND WHICH IS NOT EXPRESSLY SET OUT HEREIN, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICE, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, THE KINDKUDOS PARTIES, APPLE, AND GOOGLE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICE OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICE IS ACCURATE, COMPLETE OR CURRENT; THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR THE KINDKUDOS APP OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS ADVERTISERS WILL MEET YOUR EXPECTATIONS. THE KINDKUDOS PARTIES, APPLE, AND GOOGLE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (VI) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

  13. INDEMNITY

    YOU ACKNOWLEDGE THAT THE KINDKUDOS PARTIES, APPLE, AND GOOGLE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF GOODS OR SERVICES PROVIDED BY THIRD PARTIES OR ADVERTISERS, THE TRUTH OR ACCURACY OF ANY THIRD PARTY’S OR ADVERTISER’S CONTENT OR LISTINGS, OR THE ABILITY OF ANY THIRD PARTY OR ADVERTISER TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION OR SERVICE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE KINDKUDOS PARTIES, APPLE, AND GOOGLE FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSES, AND ATTORNEY’S FEES ARISING TO ANY OF THE KINDKUDOS PARTIES, APPLE, AND GOOGLE AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE KINDKUDOS PARTIES, APPLE, AND GOOGLE IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICE; (2) YOUR BREACH OF ANY OF THESE TERMS OF USE; (3) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD PARTY; (5) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SERVICE; OR (6) ANY ACTIVITY RELATED TO YOUR APPLE ID, GOOGLE ACCOUNT, MOBILE ACCOUNT, OR OTHER INTERNET ACCOUNT, OR USING YOUR TELEPHONE NUMBER, EMAIL ADDRESS, AND/OR PASSWORD BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT, APPLE ID, GOOGLE ACCOUNT, MOBILE ACCOUNT, OTHER INTERNET ACCOUNT, TELEPHONE NUMBER, EMAIL ADDRESS, AND/OR PASSWORD.

    IF THE KINDKUDOS PARTIES, APPLE, AND GOOGLE DO TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF USE, THE KINDKUDOS PARTIES, APPLE, AND GOOGLE WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO THE KINDKUDOS PARTIES, APPLE, AND GOOGLE.

  14. LIMITATIONS ON LIABILITY

    IN NO EVENT SHALL THE KINDKUDOS PARTIES, APPLE, AND GOOGLE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICE OR THIRD PARTY PRODUCTS OR SERVICES, UNDER THESE TERMS OF USE OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICE, INCLUDING FOR THEIR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, LOSS OF DATA, LOSS OF OPPORTUNITY, LOSS OR REPUTATION, GOODWILL OR BUSINESS, EVEN IF THE KINDKUDOS PARTIES, APPLE, AND GOOGLE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

    THE KINDKUDOS PARTIES, APPLE, AND GOOGLE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM THE KINDKUDOS PARTIES’ NEGLIGENCE, (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (4) UNAUTHORIZED ACCESS TO OR USE OF KINDKUDOS’ SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (5) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (6) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (7) USER SUBMISSIONS, THIRD PARTY WEBSITES OR APPS, OR (8) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY THIRD PARTIES OR ADVERTISERS, WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KINDKUDOS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    THE KINDKUDOS PARTIES, APPLE, AND GOOGLE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TERMS OF USE INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO KEEP YOUR LOG-IN DETAILS AND PASSWORD SECURE OR FROM THE SHARING OF THESE DETAILS WITH ANY OTHER PERSON.

    THE KINDKUDOS PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TERMS OF USE OR IN RELATION TO THE SERVICE WILL BE LIMITED TO $50 USD.

    BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

    Any claims relating to use of the Service must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Service is controlled and offered by Kindkudos from its facilities in the United States of America. Those who access or use the Service do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.

    A party will not be in breach of these Terms of Use, nor liable for any failure or delay in performance of any of its obligations under these Terms of Use where such failure or delay arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, shortage of raw materials or supplies, industrial action or strike, power outages, or electronic or communication network breakdowns (“Force Majeure Events”). In the event of a Force Majeure Event affecting the provision of the Service by Kindkudos, Kindkudos will use reasonable efforts to notify users through the Service or through its website or by email communication.

  15. TERMINATION OF THE SERVICE

    Kindkudos may terminate Your access to and use of the Service without notice, in the event You:

    1. breach these Terms of Use including any warranties; or
    2. misuse or challenge Kindkudos’ rights in the Content.

    Kindkudos may at any time discontinue the Service altogether or modify the Service and such modifications may adversely affect the use of the Service by users. You agree that Kindkudos shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service. Kindkudos will use reasonable endeavours to notify users of the cessation of the Service or any changes that would impact on Your use of the Service. Kindkudos may give such notices through the Service or on its website or by email communications.

    Kindkudos will store a limited number of Your User Submissions indefinitely until: (1) You request that such User Submissions be deleted; or (2) the Service is discontinued. If the Service is scheduled to be discontinued, Kindkudos will provide a mechanism by which You can download Your saved User Submissions and the saved User Submissions You have received from others before the Service is discontinued.

    You may, at any time, unregister from the Service.

    Upon Your request that Your User Submissions be deleted or the termination of the Service:

    1. Your right to access and use the Service will immediately terminate; and

    2. all of Your personal information and User Submissions will be permanently deleted from the Service, save that –

      1. copies of Your data may remain stored for limited periods of time on back-up media which will be cleansed from time to time;
      2. Your phone number may be retained on the Kindkudos servers for some time;
      3. Kindkudos reserves the right to retain records of Your personal information or other User Submissions that You posted on the Service if it is reasonably required to keep such records for legal purposes including to comply with its legal or regulatory duties, to investigate and respond to complaints (including from other users), to enforce these Terms of Use or to defend itself against any claim or legal threat or allegations or if it requires to retain such data for other legitimate reasons; and
      4. Kindkudos will be entitled to retain any data in non-personal information form which may have been extracted or obtained from Your personal information or other User Submissions including any aggregated, anonymized or otherwise de-personalized data.
  16. ASSIGNMENT

    These Terms of Use, and any rights and licenses granted hereunder, may be transferred or assigned by You only with Kindkudos’ prior written consent, but may be assigned by Kindkudos without restriction and without notice to You.

  17. CLASS ACTION WAIVER

    ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.

  18. EXPORT CONTROL

    Software and the transmission of applicable technical data, if any, in connection with the Service may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which You reside.

  19. GENERAL

    These Terms of Use constitute the entire agreement between the parties and supersede all other agreements, statements, and other arrangements between the parties in relation to the subject matter hereof. If any provision of these Terms of Use are held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. Each party acknowledges that it has not relied on or been induced to enter these Terms of Use by a representation other than those expressly set out in these Terms of Use.

    Except as to Apple and Google as described in the Apple required and Google required terms below, Kindkudos and You do not intend to confer, and these Terms of Use will not be construed as conferring, any right, remedy, obligation or liability of any kind on any person other than Kindkudos, You, and their successors and assigns.

    No modification, alteration or waiver of any of the provisions of these Terms of Use will be effective unless in writing and signed on behalf of each of the Parties.

    No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Kindkudos’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

    You agree that the Service shall be deemed solely based in Delaware, United States of America and the Service shall be deemed a passive Service that does not give rise to personal jurisdiction over The Kindkudos Parties in jurisdictions other than Delaware. These Terms of Use are governed by United States and Delaware law, without regard to conflict of law provisions, and the Parties submit to the exclusive jurisdiction of the courts of Missoula County, Montana, in relation to any dispute between them arising out of the subject matter of these Terms of Use.

    Nothing in these Terms of Use will create, or be deemed to create, a partnership or joint venture and will not be construed as giving rise to the relationship of principal and agent between the parties.

  20. QUESTIONS

    If You have any questions, please contact Kindkudos by emailing Us at Kindkudos@Kindkudos.com.

APPLE REQUIRED TERMS

  1. Acknowledgement: Kindkudos and You acknowledge that the Terms of Use are concluded between Kindkudos and You only, and not with Apple, and Kindkudos, not Apple, is solely responsible for the Service and the content thereof.
  2. Scope of License: The license granted to You for the Service is limited to a non-transferable license to use the Service on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
  3. Maintenance and Support: As between Apple and Kindkudos, Kindkudos is solely responsible for providing maintenance and support services, if any, with respect to the Service, as specified in the Terms of Use, or as required under applicable law. Kindkudos and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
  4. Warranty: As between Apple and Kindkudos, Kindkudos is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the relevant App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Kindkudos’ sole responsibility.
  5. Product Claims: Kindkudos and You acknowledge that Kindkudos, not Apple, is responsible for addressing any claims by You or any third party relating to the Service or Your possession and/or use of that Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  6. Intellectual Property Rights: Kindkudos and You acknowledge that, in the event of any third party claim that the Service or Your possession and use of the Service infringes that third party’s intellectual property rights, to the extent a warranty of non-infringement is not validly disclaimed, Kindkudos, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  7. Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Developer Name and Address: Kindkudos may be contacted at 650-416-8063 or support@kindkudos.com in connection with any questions, complaints or claims with respect to the Service.
  9. Third Party Beneficiary: Kindkudos and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms of Use, and that, upon Your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against You as a third party beneficiary thereof.

ADDITIONAL TERMS RELEVANT TO GOOGLE INC.

  1. THESE TERMS OF USE constitute a license agreement in lieu of any license grant provided by Google to use the App on a Supported Device. A “SUPPORTED DEVICE” IS A COMBINATION OF A MOBILE DEVICE RUNNING ANDROID SOFTWARE AND AN ANDROID SOFTWARE VERSION(S) THAT IS SUPPORTED BY the KINDKUDOS MOBILE APPLICATION.THESE TERMS OF USE are made BETWEEN you and KINDKUDOS only, and not with Google. KINDKUDOS is solely responsible for the KINDKUDOS Mobile Application.
  2. The Google Play marketplace is owned and operated by Google Inc. Your use of Google Play is governed by a legal agreement between you and Google consisting of the Google Terms of Service (found at http://www.google.com/accounts/TOS) and the Google Play Terms of Service (found at https://play.google.com/intl/en-US_us/about/play-terms.html and together with the Google Terms of Service called the “Terms”). In addition, your use of Google Play is subject to the Google Play Business and Program Policies (http://play.google.com/about/android-developer-policies.html). The Google Play Market Terms of Service, Google Play Business and Program Policies, and Google Terms of Service shall take precedence in that order in the event of a conflict between them, to the extent of such conflict.
  3. KINDKUDOS is solely responsible for providing, and Google has no obligation to provide, maintenance and support for the KINDKUDOS Mobile Application. Support requests, as well as questions, complaints or claims regarding the KINDKUDOS Mobile Application, may be directed to KINDKUDOS support, P.O. Box 3193, Missoula, mt 59806. Users may also contact us by email at support@kindkudos.com.
  4. To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the KINDKUDOS Mobile Application, and will not be liable for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
  5. Google shall not be responsible for addressing any claims by you or any third party relating to the KINDKUDOS Mobile Application or your possession and/or use of the KINDKUDOS Mobile Application, including but not limited to (i) product liability claims, (ii) any claim that the KINDKUDOS Mobile Application failS to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.
  6. Google shall not be responsible for the investigation, defense, settlement or discharge of any claim that the KINDKUDOS Mobile Application or your possession and use thereof infringes a third party’s intellectual property rights.
  7. You represent and warrant that (i) the KINDKUDOS Mobile Application will not be downloaded or used in, or transported to, a country that is subject to a United States Government embargo or has been designated by the United States Government as a “terrorist-supporting” country, and (ii) you are not listed on any United States Government list of prohibited or restricted parties.
  8. For the improvement of Google Play, Google may collect certain usage statistics from Google Play and your Supported Device, including but not limited to, information on how Google Play and your Supported Device are being used. The data collected is examined in the aggregate to improve Google Play for users and developers and is maintained in accordance with Google’s Privacy Policy. We can neither control nor are responsible for the privacy practices of Google. To ensure the improvement of the KINDKUDOS Mobile Application, limited aggregate data may be available from google to KINDKUDOS upon KINDKUDOS’ written request.
  9. Removal of KINDKUDOS Mobile Application. KINDKUDOS or Google Inc. may, at any time and without notice, restrict, interrupt or prevent use of the KINDKUDOS Mobile ApplicatioN, or delete the KINDKUDOS Mobile Application from your Supported Device, without entitling you to any refund, credit or other compensation from KINDKUDOS or any third party (including, but not limited to, Google Inc. or your network connectivity provider).