Terms and Conditions for Kindred

Last Updated: 22 October 2023

Welcome to Kindred, a digital platform operated by KINDRED AI PTE. LTD. ("we," "us," or "our"), specializing in the development and deployment of artificial intelligence (AI) companions. These Terms and Conditions ("Terms") govern your access to and use of our services, including our website, browser extension, applications, and any other software or services provided by us (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using our Services, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not use our Services.

2. Eligibility

You must be at least 13 years old to use our Services. By using the Services, you represent and warrant that you meet the eligibility requirements.

3. Account Registration

a. Account Creation

To access certain features of our Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during the registration process.

• Keep your account information updated to maintain its accuracy.

b. Account Security

You are responsible for:

• Safeguarding your account credentials.

• All activities that occur under your account.

• Notifying us immediately of any unauthorized use of your account.

4. Use of Services

a. License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes, subject to these Terms.

b. Restrictions

You agree not to:

• Copy, modify, or create derivative works of the Services.

• Reverse engineer, decompile, or attempt to extract the source code of the Services.

• Use the Services for any unlawful purpose or in violation of any applicable laws.

• Transmit any viruses, worms, or other harmful software.

• Interfere with or disrupt the integrity or performance of the Services.

5. User Content

a. Definition

"User Content" refers to any content you submit, post, or transmit on or through the Services, including messages with AI companions, feedback, and other communications.

b. Ownership and License

You retain ownership of your User Content. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:

• Use, reproduce, distribute, modify, adapt, create derivative works from, display, and perform the User Content in connection with the Services.

c. Responsibility

You are solely responsible for your User Content and represent and warrant that:

• You have all necessary rights to grant the license above.

• Your User Content does not violate any third-party rights or applicable laws.

6. Intellectual Property Rights

a. Ownership

All intellectual property rights in the Services, including but not limited to software, graphics, designs, and text, are owned by KINDRED AI PTE. LTD. or our licensors.

b. Trademarks

All trademarks, logos, and service marks displayed on the Services are our property or the property of other third parties. You are not permitted to use these marks without prior written consent from the respective owners.

7. Payments and Subscriptions

a. Fees

Certain features of the Services may require payment of fees. All fees are in U.S. dollars unless otherwise specified and are non-refundable, except as required by law.

b. Payment Information

By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided.

• All payment information is accurate and complete.

c. Subscriptions

If you purchase a subscription:

• Your subscription will automatically renew at the end of each billing cycle.

• You authorize us to charge your payment method for the renewal unless you cancel before the renewal date.

8. Termination

a. By You

You may terminate your account at any time by contacting us at hey@kindredlabs.ai.

b. By Us

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice, including for violation of these Terms.

c. Effect of Termination

Upon termination:

• All rights granted to you under these Terms will cease.

• You must cease all use of the Services.

• Sections of these Terms that by their nature should survive termination will continue in effect.

9. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis. We disclaim all warranties of any kind, whether express or implied, including:

• Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

• Warranties arising from the course of dealing or usage of trade.

• That the Services will meet your requirements, be uninterrupted, secure, or error-free.

10. Limitation of Liability

To the maximum extent permitted by law:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages.

• Our total liability arising out of or in connection with these Terms or the use of the Services shall not exceed the amounts you have paid to us for use of the Services in the six (6) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless KINDRED AI PTE. LTD. and its affiliates, officers, agents, employees, and partners from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or connected with:

• Your access to or use of the Services.

• Your violation of these Terms.

• Your violation of any rights of another party.

12. Governing Law and Dispute Resolution

a. Governing Law

These Terms and any dispute arising out of or in connection with them shall be governed by the laws of Singapore, without regard to its conflict of law provisions.

b. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Singapore.

13. Changes to the Terms

We may modify these Terms at any time. If we make material changes:

• We will provide notice through the Services or by other means.

• The updated Terms will be effective upon posting unless otherwise specified.

• Your continued use of the Services after the changes become effective constitutes your acceptance of the revised Terms.

14. Third-Party Services

The Services may contain links to third-party websites or services that we do not own or control. We are not responsible for:

• The content, privacy policies, or practices of any third-party websites or services.

• Any loss or damage arising from your use of third-party websites or services.

15. Privacy Policy

Your use of the Services is also subject to our Privacy Policy, which explains how we collect, use, and protect your personal data.

16. Miscellaneous

a. Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Services and supersede any prior agreements.

b. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

c. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

d. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

17. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

• Email: hey@kindredlabs.ai

• Address: KINDRED AI PTE. LTD., Singapore