TERMS OF SERVICE
Last updated: July 18, 2024
AGREEMENT TO OUR LEGAL TERMS
We are KindKiosk, INC ("Company," "we," "us," "our"), a company registered in Massachusetts, United States at One Boston Place, Suite 2600, Boston, MA 02108.
We operate the website kindkiosk.com (the "Site"), the mobile application KindKiosk (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by phone at 858-264-3999, email at legal@kindkiosk.com, or by mail to One Boston Place, Suite 2600, Boston, MA 02108, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Kind Kiosk, INC, 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.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. 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. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PURCHASES AND PAYMENT
6. SUBSCRIPTIONS
7. INACTIVE ACCOUNTS
8. DAMAGE OR REPLACEMENT TO KIOSK HARDWARE
9. PROHIBITED ACTIVITIES
10. USER GENERATED CONTRIBUTIONS
11. CONTRIBUTION LICENSE
12. MOBILE APPLICATION LICENSE
13. THIRD-PARTY WEBSITES AND CONTENT
14. SERVICES MANAGEMENT
15. PRIVACY POLICY
16. TERM AND TERMINATION
17. MODIFICATIONS AND INTERRUPTIONS
18. GOVERNING LAW
19. DISPUTE RESOLUTION
20. CORRECTIONS
21. DISCLAIMER
22. LIMITATIONS OF LIABILITY
23. INDEMNIFICATION
24. USER DATA
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
26. CALIFORNIA USERS AND RESIDENTS
27. MISCELLANEOUS
28. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
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").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only.
Your use of our Services
Subject to
your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, 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 internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: legal@kindkiosk.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
• confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
• warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
• warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that you:
1. Will be true, accurate, current, and complete;
2. Will maintain the accuracy of such information and promptly update such registration information as necessary;
3. Have the legal capacity and you agree to comply with these Legal Terms;
4. Are not a minor in the jurisdiction in which you reside;
5. Will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
6. Will not use the Services for any illegal or unauthorized purpose; and
7. Your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register with 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.
5. PURCHASES AND PAYMENT
We accept all payment methods supported by Stripe.
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. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. 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 order. The length of your billing cycle is annual.
Cancellation
You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at support@kindkiosk.com.
Fee Changes
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
7. INACTIVE ACCOUNTS
Accounts will be deemed inactive if there is no donation activity for a period of more than six (6) months. In the event that your account becomes inactive, we will notify you that your account will be closed.
If your account is closed, you are required to return all KindKiosk hardware within thirty (30) days of receiving our notification. Failure to return the hardware within this period will result in an equipment replacement fee, which will be charged to the credit card on file.
8. DAMAGE OR REPLACEMENT TO KIOSK HARDWARE
You agree to use the kiosk hardware as intended without modification. Should the hardware be damaged by you or another party, you must immediately contact support at support@kindkiosk.com to report such damage. Reasonable wear and tear and accidental damage is covered with a valid and current subscription. Damages are not covered with an invalid or overdue subscription. Kind Kiosk will issue a return label and send replacement hardware as soon as possible.
9. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupt
s, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
10. USER GENERATED CONTRIBUTIONS
The Services do not offer users to submit or post content.
11. CONTRIBUTION LICENSE
You and the Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
12. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, 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 contained in these Legal Terms. 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 (including any notice of copyright or trademark) 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;
6. Make the App available over a network or other environment permitting access or use by multiple devices or users at the same time;
7. Use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App;
8. Use the App to send automated queries to any website or to send any unsolicited commercial email; or
9. Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use an App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services:
1. The license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
2. We are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
3. In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App;
4. You represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties;
5. You must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and
6. You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
13. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at ### 11. THIRD-PARTY WEBSITES AND CONTENT
You acknowledge that our Services may direct you to websites, content, or applications not owned or controlled by us ("Third-Party Websites" and "Third-Party Content"). We do not review, endorse, or assume responsibility for the accuracy, legality, or any other aspect of these external sites and content. Engaging with any Third-Party Websites or Content is at your own risk, and our Legal Terms will no longer apply once you leave our Services. We advise you to review the privacy policies and terms of any third-party sites you visit. We are not liable for any transactions or interactions between you and any third party.
14. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
1. Monitor the Services for violations of these Legal Terms.
2. Take legal action against anyone who violates these terms or the law.
3. Refuse, restrict, limit, or disable access to any content as we see fit.
4. Remove or disable content that is burdensome to our systems.
5. Manage the Services to protect our rights and ensure its functional integrity.
15. PRIVACY POLICY
Your privacy is important to us. Please review our Privacy Policy at https://kindkiosk.com/privacy-policy. By using the Services, you consent to the data practices described in the policy. Note that our Services are hosted in the United States; by using our Services from elsewhere, you consent to your data being transferred to and processed in the U.S.
16. TERM AND TERMINATION
These Legal Terms remain effective as long as you use the Services. We may deny access or terminate your use or account at our discretion, for any or no reason, including but not limited to breaches of these Legal Terms or law. Upon termination, you must not attempt to use the Services under any other identity.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to modify, suspend, or discontinue the Services at any time without notice. We are not liable for any modification, suspension, or discontinuation of the Services or any loss or damage that may result from it. We do not guarantee continuous, uninterrupted access to the Services.
18. GOVERNING LAW
These Legal Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.
19. DISPUTE RESOLUTION
Disputes under these terms will be resolved by binding arbitration in Massachusetts, under the rules of the American Arbitration Association. You waive your right to a jury trial and to participate in class actions. Certain types of disputes are exempt from arbitration, in which case they may be brought in state or federal courts in Massachusetts.
20. CORRECTIONS
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
21. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE COMPLETENESS, RELIABILITY, OR ACCURACY OF THE SERVICES OR ANY LINKED SITES. WE WILL NOT BE LIABLE FOR:
1. ERRORS OR INACCURACIES IN THE SERVICES
2. PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE SERVICES
3. UNAUTHORIZED ACCESS TO OUR SERVERS AND DATA
4. INTERRUPTIONS OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES
5. ANY MALICIOUS SOFTWARE TRANSMITTED THROUGH THE SERVICES
6. ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OF THE SERVICES
WE ALSO DISCLAIM ANY RESPONSIBILITY FOR PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICES OR ANY LINKED SITES.
22. LIMITATIONS OF LIABILITY
WE, ALONG WITH OUR DIRECTORS, EMPLOYEES, AND AGENTS, WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES. THIS INCLUDES LOST PROFITS, LOST REVENUE, OR LOSS OF DATA. OUR LIABILITY TO YOU IS LIMITED TO THE AMOUNT YOU HAVE PAID US, IF ANY, IN THE SIX MONTHS BEFORE ANY CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless from any claims, liabilities, damages, and expenses arising from your use of the Services, violation of these Terms, violation of any law, or infringement of third-party rights. We reserve the right to assume control of the defense at your expense in any such case.
24. USER DATA
We will maintain certain data you transmit to the Services but are not responsible for any loss or corruption of your data. You waive any claims against us related to data loss or corruption.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Your interactions with the Services, including emails and online forms, are electronic communications. You consent to receive electronic communications from us and agree that all agreements and notices delivered electronically satisfy legal requirements. You agree to the use of electronic signatures and records for transactions initiated or completed through the Services.
26. CALIFORNIA USERS AND RESIDENTS
If you have a complaint that is not resolved, you may contact the California Department of Consumer Affairs for assistance.
27. MISCELLANEOUS
These Terms, along with any related policies, constitute the entire agreement between you and us. These Terms do not create any joint venture, partnership, employment, or agency relationship between you and us. Any unenforceable provision will be severed from these Terms, with the remainder remaining in effect. We may assign our rights and obligations under these Terms.
28. CONTACT US
For any complaints or inquiries regarding the Services, please contact us at:
Kind Kiosk, INC
One Boston Place
Suite 2600, Boston, MA 02108, United States
Phone: 617-658-9090
Email: legal@kindkiosk.com