Terms of Service – myKinCloud

Version 1.0 Last updated: April 13, 2020

OVERVIEW

This service (“Service”) is operated by myKinCloud. The Service includes all products, features, applications, information, technologies, tools, content and other services provided to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated.

By creating an account (“Account”) on myKinCloud as an account owner (“Account Owner”) or joining through the Account Owner as an invited profile (“Invited Profile”) or added profile (“Added Profile”), (collectively, “Profile” or “Profiles”), and/or purchasing something from myKinCloud, you engage in myKinCloud Services and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including additional Terms of Service referenced. If you do not agree to all the Terms of this agreement, then you may not access or use any Services.

Throughout the Terms, “we”, “us” and “our” refer to myKinCloud, and “you”, “your” refers to the Account Owner or any Profiles within the Account.

Any new features, content, tools or other services which are added to the current Service shall also be subject to the Terms of Service.

SECTION 1 - GENERAL TERMS

The Account Owner must be 18 years of age to register for the Service. Individuals under the age of 13 may utilize the Service only with the involvement and consent of the Account Owner, who is a parent or legal guardian of the child(ren), and otherwise subject to these Terms of Service. Other Profiles added or invited at the sole invitation of the Account Owner, must be over 13 years of age, and otherwise subject to these Terms of Service.

You may not use our Services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws (including but not limited to copyright laws).

You may not do anything to interfere with or impair the intended operation of the Service, including but not limited to transmitting any worms, viruses or any code of a destructive nature.

We reserve the right to refuse Service to anyone for any reason at any time.

Failure to pay for Services will result in termination of Services.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service.

Any breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - FREE TRIAL

Your myKinCloud subscription may start with a free trial. The duration of the free trial period of your membership will be specified during sign-up and is intended to allow new and certain former members to try the Service.

Free trial eligibility is determined by myKinCloud at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your Account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent myKinCloud subscription may not be eligible. We may use information such as device ID, method of payment or an Account email address used with an existing or recent myKinCloud subscription to determine eligibility.

You will be charged the subscription fee for your next billing cycle at the end of the free trial period, and your membership will automatically renew unless you cancel your membership prior to the end of the free trial period.

You can cancel your myKinCloud subscription at any time, and you will continue to have access to the myKinCloud service through the end of your billing period. To cancel, go to the “Settings" screen on our app and follow the instructions for cancellation. If you cancel your membership, your Account will automatically close at the end of your current billing period. Payments are non-refundable and there are no refunds or credits for partially used periods.

We reserve the right to change our subscription plans or adjust pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes or changes to your subscription plan will take effect following notice to you.

SECTION 3 - PASSWORDS AND ACCOUNT ACCESS

The Account Owner has access and control over the myKinCloud Account and is responsible for any activity that occurs through the myKinCloud Account. To maintain control over the Account and prevent anyone from accessing the Account, the Account Owner should maintain control over the myKinCloud ready devices that are used to access the Service and not reveal the password or details of the Account to anyone. The Account Owner is responsible for determining the Profiles, and is responsible for updating and maintaining the accuracy of the information provided to us relating to your Account. We can terminate your Account or place your Account on hold in order to protect you or myKinCloud from identity theft or other fraudulent activity.

SECTION 4 - PRIVACY

For all information related to privacy, please refer to myKinCloud’s Privacy Policy

SECTION 5 - CODE OF CONDUCT

By accessing our Service, you hereby represent, warrant, acknowledge and agree that you will adhere to our Code of Conduct. You agree you will not post any information or material that is considered “unacceptable”. Unacceptable information and material includes any that is:

Being used to abuse, harass, stalk or threaten a person or persons
Libelous, defamatory, knowingly false or misrepresents you or another person
Infringes upon any copyright, trademark, trade secret or patent of any third party (If you quote or excerpt someone’s content, it is your responsibility to provide proper attribution to the original author)
Violates any obligation of confidentiality
Violates the privacy, publicity, moral or any other right of any third party
Contains content that has been commissioned and paid for by a third party, (either cash or goods in barter), and/or contains paid advertising links and/or SPAM. For our purposes, we define SPAM as anything that qualifies as information unrelated to the posting activity or comments on the Service. This information may take classic forms (e.g., simple links to unrelated content that are often advertising or e-commerce) or more insidious forms.

SECTION 6 - CONTENT

Our Service allows you to post, store, share and otherwise make available certain information, text, graphics or other material. You are responsible for the material you post on or through the Service, including its legality, reliability and appropriateness.

User-Generated Content

For all information, data, text, software, music, sound, photographs, graphics, video, messages, products, services and other materials posted to the Service by the Account Owner and Profiles (“User-Generated Content” or “UGC”), you are the sole responsibility of the poster of the User-Generated Content. This means that you, and not us, are solely responsible for all User-Generated Content that you upload, post, transmit or otherwise make available through or on the Service. You are also solely responsible for all User-Generated Content posted under your Account. You represent and warrant that (i) you own or otherwise control all of the rights in and to the User-Generated Content that you post; (ii) that the User-Generated Content is accurate; (iii) use of the User-Generated Content you supply does not violate these Terms; (iv) the User-Generated Content does not infringe, violate or interfere with any intellectual property or other rights of any third party and does not violate any applicable law or regulation; and (v) the User-Generated Content will not cause injury to any person or entity.

Should User-Generated Content be deemed illegal, we will cooperate with the proper authorities, including but not limited to submitting all necessary information to them.

If we determine, in our sole discretion, that any User-Generated Content submitted by you is offensive, harmful, illegal, infringing, harassing, false and/or inappropriate, we may remove it or ask you to retract or modify the User-Generated Content in question. We have no obligation, however, to restrict or monitor User-Generated Content in any way.

You may see or read things that you do not like or agree with on our Service. You understand that by using our Service, you may be exposed to User-Generated Content that is offensive, indecent, or objectionable.

Under no circumstances will we be liable in any way for any User-Generated Content, including, but not limited to, any errors or omissions in any User-Generated Content, or for any loss or damage of any kind incurred as a result of the use of any User-Generated Content posted, transmitted or otherwise made available through the Service.

We do not control the User-Generated Content posted on or through the Service and, therefore, we do not guarantee the accuracy, integrity or quality of such User-Generated Content. You are solely responsible for any use or reliance on the User-Generated Content, including on its accuracy, completeness or usefulness.

You acknowledge that we are under no obligation to pre-screen User-Generated Content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or remove any User-Generated Content that is available through our Service. Without limiting the foregoing, we and our designees shall have the right to remove any User-Generated Content that violates these Terms or any other myKinCloud policy or is otherwise objectionable, in our sole discretion.

Other than as set forth elsewhere in this policy, any material, information or idea you submit to us or the Service by any means is provided without compensation or obligation. You hereby irrevocably waive any claims based on our use of any materials, ideas or information that you submit to us.

We reserve the right to monitor some, all or none of the areas of the Service for adherence to these Terms. You acknowledge that by providing you with the ability to post information on the Service, we are acting as a passive conduit for distribution and we are not undertaking any obligation or liability relating to any postings or activities on the Service.

User-Generated Content License

We do not claim ownership of the User-Generated Content you upload, place or post through the Site, including project submissions. You are responsible for protecting your rights in such User-Generated Content and are not entitled to our help in protecting such User-Generated Content. By uploading, placing or posting User-Generated Content through the Site, you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sub-licensable license, under all intellectual property and other rights. You hereby irrevocably waive any claims based on “moral rights” and similar theories, if any. Please note, however, that certain activities that involve the submission of User-Generated Content by you may have terms applicable to your User-Generated Content that differ from those above. In the event such terms differ with these terms, these terms will govern and have precedence over these terms with respect to your User-Generated Content.

SECTION 7 - INTELLECTUAL PROPERTY

The Services, and its original content, features, graphical assets, logotypes, functionality and user experience are and will remain the exclusive property of myKinCloud.

SECTION 8 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this application is not accurate, complete or current. The material on this application is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this application is at your own risk.

SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Service that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing and promotions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 10 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 11 – DISCLAIMERS

We make reasonable efforts to provide a Service that is safe and accurate, but can make no warranties. We retain the right to restrict use of the Service, in any manner it deems appropriate.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICES, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MYKINCLOUD MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

SECTION 12 - LIMITATION OF LIABILITY

IN NO EVENT SHALL MYKINCLOUD, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SERVICES (COLLECTIVELY “MYKINCLOUD AND ITS AFFILIATES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SERVICES OR ANY LINKED SERVICE (AS DEFINED BELOW), OR INABILITY TO USE THE SERVICES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE MYKINCLOUD AND ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICES.

YOU UNDERSTAND AND AGREE THAT MYKINCLOUD AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT MYKINCLOUD AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SERVICES, EVEN IF THERE IS NEGLIGENCE BY MYKINCLOUD OR AN AUTHORIZED MYKINCLOUD REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.

We neither warrant nor represent that your use of Content, Software or any other materials displayed on the Service will not infringe rights of third parties.

SECTION 13 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless myKinCloud and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 14 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 - TERMINATION

We may terminate or suspend your Account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your Account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

SECTION 16 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 18 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@mykincloud.com