Terms of Service

Last Updated: June 27, 2024

1. Acceptance of Terms

By accessing and using Kindred AI's website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with these terms, please do not use our website or services.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Soul AI LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

2. Description of Services

Kindred AI provides a comprehensive family activity planning and management platform that includes:

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

3. User Conduct

When using our website and services, you agree not to:

• Violate any applicable laws or regulations
• Infringe on the intellectual property rights of others
• Attempt to gain unauthorized access to our systems
• Engage in any activity that disrupts or interferes with our services
• Use our services for any unlawful or prohibited purpose
• Share inappropriate or harmful content through our family activity features
• Use our AI assistant for purposes other than family activity planning and parenting support
• Attempt to reverse engineer or modify our mobile applications

4. User Registration and Accounts

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

You represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services.

5. Family Profiles and Children's Privacy

Kindred AI is designed for families, but we do not knowingly collect personal information from children under 13 (or 16 in some jurisdictions like the EEA) without parental consent. Parents control all information about their children in family profiles.

When creating family profiles, you agree to:

• Only provide accurate information about family members
• Obtain proper consent from all family members before adding their information
• Maintain the security of family profile information
• Not share family profile information with unauthorized parties

6. AI-Generated Content and Recommendations

Soul AI LLC, and their respective partners, affiliates, officers, directors, agents, and employees are not responsible for any content generated by our AI assistant or activity recommendations. Users must understand that the content generated by our AI may be inaccurate, inappropriate, offensive, or not suitable for certain audiences.

User Responsibilities: Users of the App are solely responsible for any actions they take in relation to the content generated by our AI, including but not limited to sharing, distribution, interpretation, and decision-making based on the content.

By using the App, users acknowledge and agree that they understand the limitations of the AI-generated content and will not hold Soul AI LLC, or their respective partners, affiliates, officers, directors, agents, and employees liable for any consequences, damages, or claims arising from the content or actions taken based on the content.

7. Purchases and Payment

We accept the following forms of payment:

• Visa
• Mastercard
• Apple Pay (for iOS users)
• PayPal

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

Subscription Services: Kindred AI offers various subscription tiers including Free, Starter, Family, and Premium plans. Subscription fees are billed in advance on a monthly basis. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable subscription.

Refund Policy: All sales are final and no refund will be issued, except as required by applicable law.

8. Intellectual Property

All content on the Kindred AI website and mobile applications, including but not limited to text, graphics, logos, images, and software, is the property of Soul AI LLC or its content suppliers and is protected by international copyright laws. Unauthorized use of this content is prohibited.

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

9. Privacy Policy

Your use of our website and services is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. Please review our Privacy Policy at privacy.html.

10. Limitation of Liability

IN NO EVENT WILL SOUL AI LLC OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MAXIMUM LIABILITY: NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SOUL AI LLC'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

AI CONTENT LIABILITY: SOUL AI LLC SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR HARM ARISING FROM THE USE OF AI-GENERATED CONTENT, RECOMMENDATIONS, OR SUGGESTIONS PROVIDED THROUGH THE SERVICES. USERS ACKNOWLEDGE THAT AI CONTENT MAY BE INACCURATE, INAPPROPRIATE, OR UNSUITABLE AND AGREE TO USE SUCH CONTENT AT THEIR OWN RISK.

FAMILY ACTIVITY LIABILITY: SOUL AI LLC SHALL NOT BE LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES THAT MAY OCCUR DURING FAMILY ACTIVITIES, EVENTS, OR OUTINGS RECOMMENDED OR PLANNED THROUGH THE SERVICES. USERS ARE SOLELY RESPONSIBLE FOR THE SAFETY AND WELL-BEING OF THEIR FAMILY MEMBERS DURING SUCH ACTIVITIES.

Kindred AI shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of our website or services, even if Kindred AI has been advised of the possibility of such damages.

11. Indemnification

You agree to defend, indemnify, and hold harmless SOUL AI LLC, including its subsidiaries, affiliates, and all of their respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

• Your use of the Services
• Breach of these Legal Terms
• Any breach of your representations and warranties set forth in these Legal Terms
• Your violation of the rights of a third party, including but not limited to intellectual property rights
• Any actions taken based on AI-generated content or recommendations
• Any injuries, damages, or losses occurring during family activities or events
• Any misuse of family profile information or data
• Any claims arising from third-party services or integrations

12. Mobile Application License

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license.

You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.

13. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

14. Changes to Terms

We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates.

15. Termination

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation.

16. Contact Information