Last Updated: June 3, 2022
1.1. For purposes of this Agreement, “Service” refers to the Kukini application and service that can be accessed through our mobile applications and website in which users can communicate and collaborate with their family. The terms “we,” “us,” and “our” refer to Steven Pal. “You” refers to you, as a user of Service.
1.2 Your use of any of our mobile applications, Web sites, services, application programming interfaces ("APIs") or software (collectively, the "Service") is subject to these terms of service (the "Terms of Service") in effect at the time of your use. We reserve the right to update and change these Terms of Service from time to time without notice or acceptance by you, so please check this page frequently for updates and changes. However, changes made to these Terms of Service will not apply to you to the extent that (i) the changes concern matters which are the subject of an actual dispute between you and us as of the date the changes take effect and (ii) we have actual notice of the dispute as of the date the changes take effect.
1.3 Your use of the Service is also subject to the Kukini Privacy Policy in effect at the time of your use, which is incorporated herein as though set forth in full. You can review the most current version of the Kukini Privacy Policy here: https://kukiniapp.com/privacy.html.
1.4 By signifying your acceptance of these Terms of Service or making any use of the Service, you signify your irrevocable acceptance of these Terms of Service in effect at the time of your use. If you are an individual acting as a representative of a corporation or other legal entity which wishes to use the Service, then you represent and agree that you have the authority to accept these Terms of Service on behalf of such corporation or other legal entity and that all provisions of these Terms of Service will bind that corporation or other legal entity as if it were named in these Terms of Service in place of you.
2.1 The Service is not intended for users under the age of thirteen (13). By signifying your acceptance of these Terms of Service or making any use of the Service, you represent and warrant that you are at least thirteen (13) years of age.
2.2 We can refuse registration of, or cancel, any account in our sole discretion, at any time.
2.3 Your account will be accessed through a user ID and password that you will create (your "Credentials"). Your Credentials are solely for your use. You are responsible for maintaining the confidentiality of your Credentials and you are fully and solely responsible for all activities that occur under your Credentials, whether authorized by you or not. It is your responsibility to take adequate precautions with your Credentials and to immediately notify us of any unauthorized use of your Credentials.
2.4 Using your account, you may access and participate in the Service, including viewing, posting and responding to communications on and through the Service.
3.1. Many of our Services allow you to store or share your Content or receive material from others. We don’t claim ownership of your Content. Your Content remains your Content and you are responsible for it.
3.2. When you share your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, transmit, and display your Content without compensating you. If you do not want others to have that ability, do not use the Services to share your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of your Content will not violate any law or rights of others. We cannot be held responsible for your Content or the material others upload, store or share using the Services.
3.3. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve our products and services, you grant to us a worldwide and royalty-free intellectual property license to use your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools your Content on the Services. If you publish your Content in areas of the Service where it is available broadly online without restrictions, your Content may appear in demonstrations or materials that promote the Service.
3.4 The Service is supported by advertising. We do not use what you say in email, chat, photos, or any other content to target advertising to you.
3.5 We may preserve your Content and may also disclose such Content, with or without notice to you, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that your Content violates the rights of any third party; or (d) protect the rights, property, or personal safety of us, our users, and the public.
3.6 Content posted by another person or company on or through the Service belongs to the poster. Except as expressly permitted in these Terms of Service, you do not have the right to use, reproduce, create derivative works of, distribute, publicly perform or publicly display any Content that does not belong to you, other than viewing of the Content on or through the Service as we may make available.
3.7 We cannot and need not control all Content posted by third parties on or through the Service, and do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable and you agree that under no circumstances will we be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.
3.8 We have the right, but not the obligation, to remove or block Content from the Service that we determine in our sole discretion to be in violation of these Terms of Service, to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party’s intellectual property or that is detrimental to the quality or intended spirit of the Service. We also have the right, but not the obligation, to limit, revoke, or delete the account of anyone who posts such Content or engages in such behavior.
4.1 We own the Service as a whole, including all computer code, graphics, user interfaces and audiovisual content used to provide the Service, and the combination of all the elements on the Service. The Service as a whole, the computer code of the Service, the user interface and graphic elements are all copyrighted works of ours. Various other aspects of the Service may be protected by intellectual property laws including laws of copyright, trademark, service mark, patent and trade secret.
4.2 We own all right, title and interest in and to the Service. We reserve all rights to the Service that are not expressly granted herein. By way of example only, and not limitation, you do not have the right to modify, adapt, translate, or reverse engineer any portion of the Service and you do not have the right to index or aggregate any portion of the Service (either by hand or by means of a robot, spider, or other device). Nothing in this Agreement will be construed as granting you any property rights in the Service or to any invention or any patent, copyright, trademark or other intellectual property right that has been issued, or that may issue, based on the Service.
5.1 The Service is hosted in the United States. If you use the Service from outside of the United States, you acknowledge that you are voluntarily transferring information (potentially including personally-identifiable information) and Content to the United States and agree that our collection, use, storage and sharing of your information and Content is exclusively subject to the laws of the United States, not of the jurisdiction in which you are located.
5.2 You will comply with all United States laws, rules and regulations applicable to the export of products, services, software and technical data regardless of the jurisdiction in which you are located.
6.1 We, in our sole discretion, may terminate your password and/or account and remove and discard any Content within the Service for any reason, including and without limitation lack of use, or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. In such event, any contracts, verbal or written or assumed, in conjunction with your account and all its parts, at our discretion, will be terminated as well.
6.2 We, in our sole discretion and at any time, may discontinue providing the Service, or any part thereof, with or without notice. Any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice. We may immediately deactivate or delete your account, as applicable, and all related information and Content and bar any further access to such information, Content or to the Service. We will not be liable to you or any third party for any termination of your access to the Service.
6.3 You have the right to cancel and delete your account, including all your Content. For users with an administrator role in their team, you can delete all users and all content associated with the team. For users that do not have an administrator role, you can delete all content that you have created except for organizational content that is shared by other users, including but not limited to the organizational construct of Family Members and Topics. Content created by other users that you have interacted with, including but not limited to editing of that content, will not be deleted but the record of your interaction with this content will be obfiscated. Account deletion can be initiated by users in the Settings section of the application while logged in.
6.4 After cancellation, termination, or deletion of your account for any reason, you will no longer have access to your account and all information and Content in your account or that you have stored on the Service will be deleted by us. Your account information and Content may not be deleted from our data back-ups immediately. Data back-ups are retained for a limited time, normally 30 to 90 days, and are permanently deleted after that time. We will not restore cancelled, terminated, or deleted accounts or Content for any reason. We will have no liability for information or Content that is deleted due to the cancellation, termination, or deletion of your account for any reason.
7.1 We honor the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if we become aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
7.2 We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, you may file a notice with our designated agent at the following email: legal@kukiniapp.com.
7.3 If you file a notice with our Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
8.1 These Terms of Service will remain in full force and effect while you use the Service. Those terms that can continue to operate after you stop using the Service (including without limitation your Content license to us and the General Terms in this Section), will survive after you stop using the Service.
8.2 You agree to indemnify and hold us harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your actions in using the Service, (ii) a claim that you, or any third party using your Credentials, infringed any intellectual property or other right of any person or organization using the Service, or (iii) the violation of these Terms of Service by you, or any third party using your Credentials.
8.3 THE SERVICE IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, WE AND OUR AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED IN THE SERVICE. WE DO NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
8.4 NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE, UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF INFORMATION OR DATA, LOSS OF PROFITS, AND/OR BUSINESS INTERRUPTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO ONE DOLLAR ($1.00).
8.5 These Terms of Service (including any additional terms, conditions, policies and agreements incorporated herein) are the entire agreement between us and you regarding the Service. Any dispute arising from or related to these Terms of Service will be governed by the laws of the State of California without regard to conflict of law principles. Any such dispute will be resolved through binding arbitration by a single arbitrator pursuant to the American Arbitration Association’s rules applicable to commercial disputes. The arbitration will be held in San Francisco, California. 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. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and be enforceable.
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