These Terms of Service (the “Terms”) are a legally binding agreement between Kinovate Ventures Inc., a Delaware corporation (“Kinovate,” “we,” “us,” or “our”), and the adult individual who creates an account or otherwise accesses or uses the KinClub platform and related services (the “Adult User”, “you” or “your”).
The KinClub platform and related services (collectively, the “Services”) are designed for use by adults and by children under the age of thirteen (“Children”) only when access is established, managed, and supervised by an Adult User who is a parent or legal guardian, or another adult authorized by a parent or legal guardian (a “Responsible Adult”).
By creating an account, accessing the Services, or allowing a Child to access the Services through an account you control, you represent and warrant that:
You are at least eighteen (18) years old;
You have the legal authority to enter into these Terms on your own behalf and, where applicable, on behalf of any Child or other user you authorize to use the Services through your account; and
You accept and agree to be bound by these Terms.
If you do not agree to these Terms, you may not access or use the Services and must not permit any Child or other individual to access or use the Services through your account.
Children do not enter into these Terms directly. All use of the Services by a Child is subject to these Terms and occurs under the responsibility, supervision, and legal authority of the applicable Adult User. The Adult User is solely responsible for all activity conducted through their account, including any activity by Children or other authorized users.
For purposes of these Terms, the following definitions apply. Defined terms may be used in the singular or plural as the context requires.
“Adult User” means an individual who is at least eighteen (18) years old and who creates, controls, and is responsible for an account on the Services.
“AI Features” means any features, tools, or functionality within the Services that are powered in whole or in part by artificial intelligence or machine learning technologies, including third-party AI models.
“Child” means a user under the age of thirteen (13) who accesses or uses the Services only through an account created, authorized, and supervised by an Adult User.
“Child Account” means an account established by an Adult User for a Child, which is linked to and governed by the Adult User’s account.
“Content” means all text, graphics, images, audio, video, software, data, AI-generated outputs, and other materials made available through the Services.
“Family Member” means an individual invited by an Adult User to access certain features of the Services as part of a family or household group, subject to permissions and limitations set by the Adult User.
“Responsible Adult” means a parent, legal guardian, or other adult authorized by a parent or legal guardian to create and manage Child Accounts and supervise a Child’s use of the Services.
“Services” means the Kin-Club platform, including all websites, applications, features, content, tools, and related services operated or made available by Kinovate Ventures Inc., whether accessed via https://www.kinovateinc.com/ or otherwise.
“Subscription” means a paid plan that provides access to certain features, content, or functionality of the Services for a recurring fee, subject to auto-renewal unless canceled in accordance with these Terms.
“Third-Party Services” means any services, platforms, content, or technologies provided by third parties and integrated into or accessible through the Services, including third-party AI providers, analytics providers, and content platforms.
“Tokens” means virtual, non-monetary units or coins that may be earned, granted, or purchased for use within the Services to unlock or access certain features, content, or digital assets, and which have no cash value and no property rights.
“User Content” means any Content that an Adult User, Child, or Family Member submits, uploads, creates, transmits, or otherwise makes available through the Services, including creative works, messages, images, recordings, and other materials.
Adult Account Eligibility. The Services are intended for use only by individuals who are at least eighteen (18) years old. Only an Adult User may create an account, enter into these Terms, and manage access to the Services.
Account Creation. To access certain features of the Services, an Adult User must create an account and provide accurate, current, and complete information. The Adult User is responsible for maintaining the confidentiality of account credentials and for all activity that occurs under their account.
Child Accounts. An Adult User may create one or more Child Accounts linked to their account. Child Accounts may only be created and accessed with the knowledge and consent of the Adult User, who must be the Child’s parent, legal guardian, or a Responsible Adult authorized by a parent or legal guardian.
Child Accounts do not have independent contractual rights. All access to and use of the Services by a Child occurs under the authority and responsibility of the Adult User.
Family Members and Linked Accounts. An Adult User may invite Family Members to access certain features of the Services. Any Family Member access is subject to permissions, controls, and limitations set by the Adult User. The Adult User remains responsible for all activity conducted through their account and any linked or invited accounts.
Parental Responsibility. The Adult User is solely responsible for (a) all activity conducted through their account, including activity by Children and Family Members; (b) ensuring that Children use the Services only in a manner appropriate for their age and maturity level; and (c) complying with all applicable laws and regulations related to a Child’s use of the Services.
Account Security and Integrity. The Adult User agrees to promptly notify Kinovate of any unauthorized access to or use of their account. Kinovate is not responsible for any loss or damage arising from unauthorized use of an account, except as required by applicable law.
Child Accounts may be created and used only with the verifiable consent of a parent or legal guardian, as required under the Children’s Online Privacy Protection Act (“COPPA”) and other applicable laws.
By creating or maintaining a Child Account, the Adult User represents and warrants that:
they are the Child’s parent or legal guardian, or are otherwise legally authorized by a parent or legal guardian to provide consent on the Child’s behalf;
they have provided, or will provide, accurate and complete information necessary for Kinovate to obtain or confirm verifiable parental consent; and
they will promptly update any information relevant to a Child Account.
Kinovate may limit, suspend, or disable access to some or all features of the Services for a Child Account until verifiable parental consent is obtained or confirmed. Kinovate reserves the right to terminate Child Accounts that do not comply with applicable children’s privacy laws.
Parental Oversight. The Services include tools that allow an Adult User to supervise and manage a Child’s use of the Services. These tools may include the ability to view activity, manage permissions, restrict access to certain features, and review content or interactions associated with a Child Account.
Permissions and Feature Access. An Adult User may grant or revoke permissions for a Child Account at any time. Permissions may affect a Child’s ability to access features such as games, creative tools, AI Features, communications, or other functionality. The availability of specific controls may vary by feature and may change as the Services evolve.
Monitoring and Review. Adult Users acknowledge that effective supervision requires active involvement. While the Services provide parental controls, Kinovate does not guarantee that all content, interactions, or AI-generated outputs will be appropriate for all Children. The Adult User is responsible for reviewing a Child’s activity and determining the appropriate level of access.
Responsibility for Child Activity. The Adult User accepts full responsibility for a Child’s use of the Services, including any interactions with AI Features, User Content, or other users permitted through family or linked accounts. Any violation of these Terms by a Child will be treated as a violation by the Adult User.
Limitations of Controls. Parental controls are provided as tools to assist with supervision and do not replace the need for parental judgment. Kinovate does not represent or warrant that parental controls will prevent all unauthorized access, inappropriate interactions, or exposure to content that an Adult User may find objectionable.
License Grant. Subject to these Terms, Kinovate grants the Adult User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for personal, non-commercial use, and solely in accordance with these Terms. This license extends to authorized use by Children and Family Members through the Adult User’s account, under the Adult User’s supervision and responsibility.
Restrictions. Except as expressly permitted by these Terms, the Adult User agrees not to, and not to allow any Child or Family Member to:
copy, modify, distribute, sell, lease, sublicense, or otherwise exploit any portion of the Services;
reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services or any related technology;
access or use the Services for any commercial purpose or for the benefit of any third party;
interfere with or attempt to bypass any security, access controls, or protective measures of the Services;
use the Services in any manner that violates applicable law or infringes the rights of others; or
use automated means, such as scraping, bots, or similar methods, to access or interact with the Services, except as expressly authorized by Kinovate.
Ownership. The Services, including all Content (other than User Content), software, designs, interfaces, and underlying technology, are owned by or licensed to Kinovate and are protected by intellectual property and other laws. No rights are granted to the Adult User except as expressly stated in these Terms.
Reservation of Rights. Kinovate reserves all rights not expressly granted under these Terms. Any use of the Services not expressly permitted is prohibited and may result in suspension or termination of access.
Subscription Plans. Certain features of the Services may be offered through free or paid subscription plans. Subscription availability, features, and pricing may vary by plan and are described at the time of purchase or within the Services.
Only an Adult User may purchase or manage a Subscription. Subscriptions apply to the Adult User’s account and any associated Child Accounts or Family Members, subject to permissions and limitations set by the Adult User.
Billing and Payment. By purchasing a Subscription, the Adult User authorizes Kinovate to charge the applicable subscription fees, taxes, and any other disclosed charges to the payment method on file on a recurring basis in accordance with the selected plan.
The Adult User is responsible for maintaining accurate and up-to-date payment information. Failure to process payment may result in suspension or termination of access to paid features.
Auto-Renewal. Subscriptions automatically renew at the end of each billing period unless canceled before the renewal date. The renewal will be charged at the then-current rate for the applicable plan, unless otherwise disclosed at the time of renewal.
Kinovate will provide required disclosures regarding subscription terms, renewal frequency, pricing, and cancellation methods in accordance with applicable auto-renewal laws.
Cancellation. An Adult User may cancel a Subscription at any time through their account settings or as otherwise described within the Services. Cancellation will take effect at the end of the current billing period unless otherwise stated, and access to paid features will continue through the remainder of that period.
Except as required by applicable law or expressly stated at the time of purchase, subscription fees are non-refundable.
Changes to Subscriptions. Kinovate reserves the right to modify, suspend, or discontinue any Subscription plan, pricing, or features, provided that any material changes will be communicated to the Adult User in advance as required by law.
Tokens and Virtual Items. The Services may allow Adult Users, Children, or Family Members (subject to permissions set by the Adult User) to earn, receive, or purchase Tokens and other virtual items, digital assets, or in-platform features (collectively, “Virtual Items”). Virtual Items may be used only within the Services and only as expressly permitted by Kinovate.
No Monetary Value. Tokens and Virtual Items are not legal tender, do not constitute currency or property, and have no cash value. Tokens and Virtual Items cannot be redeemed for money, transferred outside the Services, or exchanged for goods or services outside the Services. No interest, dividends, or other earnings accrue on Tokens or Virtual Items.
Limited License. The Adult User and authorized users receive a limited, revocable, non-transferable license to use Virtual Items solely within the Services and in accordance with these Terms. Kinovate retains all right, title, and interest in and to Virtual Items, including all related intellectual property rights.
Earning and Purchasing Tokens. Tokens may be earned through participation in activities, granted as part of a Subscription, awarded through promotions or in-platform features, or purchased directly by an Adult User. Kinovate may impose limits on how Tokens are earned, used, or accumulated, and may modify or discontinue Token-related features at any time.
Parental Controls. The Adult User controls whether and how Children may earn, receive, or use Tokens and Virtual Items. The Adult User is responsible for all Token-related activity associated with their account, including any activity by Children or Family Members.
Modifications and Discontinuation. Kinovate may modify, suspend, or discontinue Tokens, Virtual Items, or any related features at any time, including adjusting values, availability, or rules of use. Except as required by applicable law, Kinovate will not be liable for any loss or perceived loss resulting from such changes.
No Gambling or Sweepstakes. Tokens and Virtual Items are intended solely for entertainment and feature access within the Services. They are not offered as part of any gambling activity, lottery, or sweepstakes, and do not provide the opportunity to win money or prizes of monetary value.
Description of AI Features. The Services include features that use artificial intelligence or machine learning technologies, including third-party AI models (collectively, “AI Features”). AI Features may support activities such as games, creative tools, chat interactions, recommendations, and parenting-related assistance.
Where required by applicable law, Kinovate discloses that certain interactions, content, or responses made available through the Services are generated or assisted by artificial intelligence.
Third-Party AI Providers. Third-party services power some AI Features. Use of AI Features may involve processing inputs and outputs by third-party providers in accordance with their applicable terms and privacy practices, as supplemented by Kinovate’s safeguards and controls.
Transparency and User Awareness. AI Features operate through automated systems and do not involve human review of every interaction. Users acknowledge and agree that:
AI-generated outputs are produced by automated processes;
AI Features may generate responses that are inaccurate, incomplete, or contextually inappropriate; and
AI Features are designed to support engagement and creativity, not to replace human judgment.
This disclosure is provided to ensure transparency regarding the nature and limitations of AI-assisted interactions, including as required under applicable artificial intelligence regulations.
No Professional Advice. AI Features do not provide medical, legal, financial, or other professional advice. Users must not rely on AI-generated outputs for decisions that require professional judgment.
Parental Visibility and Responsibility. An Adult User acknowledges that Children may interact with AI Features through Child Accounts. The Adult User is responsible for supervising such interactions and reviewing outputs as appropriate. Kinovate may provide tools that allow an Adult User to view or monitor AI interactions associated with a Child Account.
Prohibited Uses. The Adult User agrees not to use, and not to permit any Child or Family Member to use, AI Features:
to generate or request harmful, abusive, or unlawful content;
to attempt to bypass safeguards, filters, or restrictions;
to solicit or disclose sensitive personal information beyond what is permitted by the Services; or
for any purpose prohibited by these Terms or applicable law.
No Warranties Regarding AI Outputs. AI Features are provided on an “as-is” and “as-available” basis. Kinovate makes no representations or warranties of any kind regarding the accuracy, reliability, appropriateness, completeness, or suitability of any AI-generated content or output.
AI-generated outputs may be unexpected, incorrect, misleading, or inappropriate, including for Children. Kinovate does not guarantee that AI Features will always function as intended, be free of errors, or prevent exposure to content that an Adult User may consider objectionable.
The Adult User expressly acknowledges and agrees that:
Children may misuse, misunderstand, or rely on AI-generated outputs in ways not intended by Kinovate;
Kinovate does not control how a Child interprets or applies AI-generated content; and
Supervision of a Child’s use of AI Features is the sole responsibility of the Adult User.
To the fullest extent permitted by law, Kinovate disclaims all liability arising out of or related to (i) a Child’s interaction with or reliance on AI-generated outputs; (ii) any actions taken by a Child based on AI-generated content; or (iii) misuse of AI Features by a Child or any failure by an Adult User to supervise such use.
Nothing in these Terms limits any non-waivable rights under applicable law. However, except as required by law, the Adult User assumes all risks associated with AI Features used by Children through the Adult User’s account.
AI Transparency and Disclosure. Where required by applicable law, Kinovate will provide clear disclosures within the Services when users interact with AI-powered features or receive AI-generated or AI-assisted content.
Certain content made available through the Services may be generated or modified using artificial intelligence. Where applicable, such content may be labeled or otherwise identified as AI-generated or AI-assisted to promote transparency and informed use.
These disclosures are provided to satisfy applicable artificial intelligence transparency obligations and do not constitute a representation that AI-generated outputs are accurate, appropriate, or suitable for any particular purpose.
Ownership of User Content. As between Kinovate and the Adult User, the Adult User (or, where applicable, the Child or Family Member under the Adult User’s supervision) retains ownership of User Content submitted through the Services, subject to the licenses granted under these Terms.
License to Kinovate. By submitting, uploading, creating, or otherwise making User Content available through the Services, the Adult User grants Kinovate a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, reproduce, display, perform, modify, adapt, and distribute such User Content solely as necessary to operate, improve, secure, and provide the Services, including to enable family sharing, moderation, and AI-powered features.
This license continues for as long as the User Content is retained in accordance with these Terms and the Privacy Policy.
Content Persistence and Shared Content. The Adult User acknowledges that certain User Content may be shared with or visible to other authorized users, including Family Members. As a result, User Content that has been shared may persist even if an individual account or Child Account is deleted, where retention is necessary to preserve shared experiences, maintain system integrity, comply with legal obligations, or support safety and accountability.
Responsibility for User Content. The Adult User is solely responsible for all User Content submitted through their account, including any User Content created by Children or Family Members. The Adult User represents and warrants that (a) they have all rights necessary to submit the User Content; (b) the User Content does not violate applicable law or the rights of any third party; and (c) the submission and use of the User Content complies with these Terms.
Moderation and Enforcement Rights. Kinovate reserves the right, but does not have the obligation, to review, monitor, moderate, remove, restrict, or disable access to User Content at any time and for any reason, including where Kinovate believes the User Content violates these Terms, poses a safety risk, or may result in harm to users or the Services.
No Obligation to Monitor. Kinovate does not actively monitor all User Content or interactions and does not guarantee that objectionable or harmful content will be identified or removed. The Adult User remains responsible for supervising a Child’s interactions and content creation.
Feedback. If an Adult User or other authorized user provides feedback, suggestions, or ideas regarding the Services, Kinovate may use such feedback without restriction or obligation to the provider.
Community Standards. The Services are intended to provide a safe, respectful, and family-oriented environment. All Adult Users, Children, and Family Members must use the Services in a manner that is lawful, respectful of others, and consistent with these Terms.
Prohibited conduct includes, without limitation:
harassment, bullying, intimidation, or abusive behavior;
submission or distribution of content that is harmful, obscene, violent, or otherwise inappropriate for a child-directed environment;
impersonation of another person or misrepresentation of identity;
attempts to exploit, manipulate, or deceive other users;
interference with the operation or security of the Services; and
any use of the Services that violates applicable law or these Terms.
Responsibility for Child Conduct. The Adult User is responsible for ensuring that Children and Family Members comply with these community standards. Any violation of these standards by a Child or Family Member will be treated as a violation by the Adult User.
Enforcement Authority. Kinovate may take any action it deems appropriate in response to violations of these Terms or conduct that poses a risk to users or the Services. Enforcement actions may include warnings, removal or restriction of content, suspension or termination of accounts, or other measures at Kinovate’s discretion.
No Waiver. Failure by Kinovate to enforce any provision of these Terms in a particular instance does not constitute a waiver of its right to enforce such provision in the future.
Reporting Concerns. Kinovate may provide mechanisms for users to report content or behavior that violates these Terms or raises safety concerns. Use of any reporting mechanism does not create an obligation for Kinovate to take any particular action.
Third-Party Services. The Services may integrate with or provide access to services, technologies, or platforms operated by third parties (‘Third-Party Services’), including analytics providers, content platforms, and third-party AI providers.
Kinovate does not control and is not responsible for Third-Party Services. Use of Third-Party Services is subject to the applicable third party’s own terms, conditions, and privacy policies, and Kinovate does not endorse or assume liability for any Third-Party Services.
Third-Party Content. The Services may include or make available content provided by third parties (“Third-Party Content”), including educational materials, videos, audio programs, and other resources. Third-Party Content is provided for convenience and informational purposes only.
Kinovate does not warrant the accuracy, completeness, or appropriateness of Third-Party Content and disclaims all liability arising from a user’s access to or use of Third-Party Content.
Links to External Sites. The Services may contain links to external websites or resources operated by third parties. Such links do not constitute an endorsement by Kinovate. Kinovate is not responsible for the content, policies, or practices of any linked site.
No Responsibility for Third-Party Practices. Any interactions, transactions, or disputes between an Adult User and a third party are solely between the Adult User and the applicable third party. Kinovate has no responsibility or liability for such interactions.
Kinovate respects the intellectual property rights of others and expects all users of the Services to do the same. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”), Kinovate has adopted a policy of responding to notices of alleged copyright infringement and, in appropriate circumstances, terminating access for repeat infringers.
User Content and Responsibility. All content submitted, uploaded, or otherwise made available through the Services, including content created by Children through Child Accounts, is User Content. The Adult User is legally responsible for all User Content associated with their account, including content created or shared by Children or Family Members.
For purposes of the DMCA, any submission, notice, counter-notification, or enforcement action related to User Content created by a Child will be treated as a submission or action by the applicable Adult User.
Reporting Copyright Infringement. If you believe that content made available through the Services infringes a copyright you own or control, you may submit a written notification to Kinovate’s designated DMCA agent that includes the following:
a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are involved;
identification of the material claimed to be infringing and information reasonably sufficient to permit Kinovate to locate the material;
your contact information, including address, telephone number, and email address;
a statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and
a statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
Designated DMCA Agent. Copyright infringement notices must be sent to Kinovate’s designated agent:
DMCA Agent
Kinovate Ventures Inc.
Email: support@kinovateinc.com
Kinovate may update its designated agent information by posting revised contact details within the Services or these Terms. Kinovate’s designated agent is identified in accordance with the Digital Millennium Copyright Act and may be registered with the U.S. Copyright Office as required by law.
Counter-Notification. If an Adult User believes that User Content submitted through their account was removed or disabled as a result of a mistake or misidentification, the Adult User may submit a counter-notification containing:
the Adult User’s physical or electronic signature;
identification of the material that was removed or disabled and the location where it appeared before removal;
a statement under penalty of perjury that the Adult User has a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification;
the Adult User’s name, address, telephone number, and email address; and
a statement that the Adult User consents to the jurisdiction of the federal district court for their residence, or the District of Delaware if outside the United States, and agrees to accept service of process from the person who submitted the original DMCA notice.
Where a Child created the content at issue, only the Adult User may submit a counter-notification on the Child’s behalf.
Repeat Infringers. Kinovate reserves the right, in its reasonable discretion, to suspend or terminate access to the Services for Adult Users who are determined to be repeat infringers. In assessing repeat infringement, Kinovate may consider infringement notices related to content created by Children or Family Members under the Adult User’s account.
Where required under applicable law, including the EU Digital Services Act, Kinovate provides mechanisms for submitting notices regarding allegedly illegal content made available through the Services.
Notice Submission. A notice of allegedly illegal content should include, where applicable:
a sufficiently precise identification of the content and its location within the Services;
an explanation of why the content is alleged to be illegal;
the name and contact information of the individual submitting the notice; and
a good-faith statement that the information provided is accurate.
Notices may be submitted via the reporting tools provided within the Services or by contacting Kinovate at support@kinovateinc.com.
Action and Discretion. Kinovate will review submitted notices and may remove or restrict access to content where required or appropriate under applicable law. Kinovate reserves the right to determine whether content violates these Terms or applicable law and does not guarantee a specific outcome or response time.
Right to Appeal. Where required by applicable law, Adult Users whose content or accounts are restricted or suspended based on alleged illegal content may submit an internal complaint or appeal through the mechanisms provided by Kinovate. Kinovate will review such complaints in accordance with applicable legal requirements.
Nothing in this section creates an obligation for Kinovate to monitor content or proactively detect illegal activity.
Suspension or Termination by Kinovate. Kinovate may suspend or terminate an Adult User’s access to the Services, in whole or in part, at any time and in its discretion, with or without notice, if Kinovate determines that:
the Adult User, a Child, or a Family Member has violated these Terms;
continued access poses a risk to the safety, security, or integrity of the Services or other users;
required payment has not been received; or
such action is required to comply with applicable law or a legal request.
Effect on Child and Linked Accounts. Suspension or termination of an Adult User’s account will result in the suspension or termination of all associated Child Accounts and any access granted to Family Members. The Adult User acknowledges that access to the Services by Children and Family Members is dependent on the status of the Adult User’s account.
User-Initiated Termination. An Adult User may terminate their account at any time by following the account deletion process provided within the Services. Termination may result in loss of access to User Content, Virtual Items, and other data, subject to retention practices described in the Privacy Policy.
Survival. The following sections survive termination of these Terms: ownership provisions, licenses granted to Kinovate, disclaimers of warranties, limitation of liability, indemnification, dispute resolution, and any other provisions that by their nature should survive termination.
To the fullest extent permitted by applicable law, the Services, including all Content, AI Features, Virtual Items, and Third-Party Services, are provided on an “as-is” and “as-available” basis.
Kinovate expressly disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, reliability, or suitability for a particular user or Child.
Kinovate does not warrant that:
the Services will be uninterrupted, error-free, secure, or free of harmful components;
any Content, including AI-generated outputs or Third-Party Content, will be accurate, complete, appropriate, or reliable; or
the Services will meet the expectations or requirements of any Adult User, Child, or Family Member.
The Adult User acknowledges that use of the Services involves inherent risks, particularly where Children interact with digital content and AI-powered features. The Adult User assumes all such risks to the fullest extent permitted by law.
Nothing in these Terms excludes or limits any warranty or consumer right that cannot be excluded or limited under applicable law.
To the fullest extent permitted by applicable law, Kinovate will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation damages for loss of profits, loss of data, loss of goodwill, personal injury, emotional distress, or other intangible losses, arising out of or related to these Terms or the use of, or inability to use, the Services.
Without limiting the foregoing, Kinovate will not be liable for any damages arising out of or related to:
a Child’s access to or use of the Services, including any reliance on AI-generated outputs;
User Content, including content created, uploaded, or shared by Children or Family Members;
interactions with Third-Party Services or Third-Party Content;
unauthorized access to or use of accounts or data, except as required by applicable law; or
suspension or termination of access to the Services in accordance with these Terms.
To the fullest extent permitted by applicable law, Kinovate’s total liability for any claim arising out of or related to these Terms or the Services will not exceed the greater of (i) the total amount paid by the Adult User to Kinovate for Subscriptions during the twelve (12) months preceding the event giving rise to the claim; or (ii) one hundred U.S. dollars (USD $100).
Some jurisdictions do not allow the exclusion or limitation of certain damages or liability. In such jurisdictions, Kinovate’s liability will be limited to the maximum extent permitted by law.
Nothing in these Terms limits or excludes liability for fraud, willful misconduct, or any liability that cannot be excluded or limited under applicable law.
To the fullest extent permitted by applicable law, the Adult User agrees to indemnify, defend, and hold harmless Kinovate Ventures Inc., and its officers, directors, employees, contractors, affiliates, and agents, from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
the Adult User’s access to or use of the Services;
any use of the Services by a Child or Family Member under the Adult User’s account;
User Content submitted, uploaded, or shared through the Adult User’s account;
any violation of these Terms or applicable law by the Adult User, a Child, or a Family Member; or
any failure by the Adult User to adequately supervise a Child’s use of the Services, including interactions with AI Features.
Kinovate reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification, in which case the Adult User agrees to cooperate fully with Kinovate in asserting any available defenses. The Adult User may not settle any indemnified claim without Kinovate’s prior written consent if the settlement would impose any obligation or admission on Kinovate.
Informal Resolution. Before initiating any formal dispute, the Adult User agrees first to contact Kinovate at support@kinovateinc.com to attempt to resolve the issue informally. Most concerns can be resolved quickly through this process.
Binding Arbitration. Except where prohibited by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration, rather than in court.
The arbitration will be conducted on an individual basis and not as a class, collective, or representative action. The arbitrator will have authority to award any relief available in court on an individual basis, subject to the limitations set forth in these Terms.
Arbitration Rules and Venue. The arbitration will be administered by a recognized arbitration provider under its applicable consumer arbitration rules. Unless otherwise required by applicable law, the arbitration will take place in Delaware or may be conducted remotely, at Kinovate’s discretion.
Class Action Waiver. To the fullest extent permitted by law, the Adult User agrees that disputes will be resolved only on an individual basis. The Adult User waives any right to participate in a class action, class arbitration, or other representative proceeding against Kinovate.
Governing Law. These Terms and any dispute arising out of or relating to these Terms or the Services will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
Exceptions. Nothing in this Section prevents Kinovate from seeking injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or prevent unauthorized use of the Services.
EEA and UK Consumer Rights. If the Adult User is a consumer habitually resident in the European Economic Area or the United Kingdom, mandatory consumer protection laws of that jurisdiction apply. Nothing in these Terms limits or excludes any rights or remedies that cannot be waived under applicable consumer law.
In such cases, the arbitration, class action waiver, and governing law provisions of these Terms apply only to the extent permitted by applicable law, and the Adult User may have the right to bring claims in the courts of their country of residence.
Changes to the Services. Kinovate may modify, update, suspend, or discontinue the Services, in whole or in part, at any time. This may include adding or removing features, changing functionality, or modifying access requirements. Kinovate will not be liable for any modification, suspension, or discontinuation of the Services, except as required by applicable law.
Changes to These Terms. Kinovate may revise these Terms from time to time. When material changes are made, Kinovate will provide notice through the Services, by email, or by other reasonable means. The effective date of the updated Terms will be indicated at the top of the revised version.
Acceptance of Updated Terms. Continued access to or use of the Services after the effective date of any updated Terms constitutes acceptance of the revised Terms. If an Adult User does not agree to the updated Terms, they must discontinue use of the Services and terminate their account before the changes take effect.
Assignment. The Adult User may not assign or transfer these Terms, in whole or in part, without Kinovate’s prior written consent. Kinovate may assign these Terms freely, including in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law.
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect to the fullest extent permitted by law.
No Waiver. Kinovate’s failure to enforce any provision of these Terms will not be deemed a waiver of such provision or any other provision.
Entire Agreement. These Terms, together with any policies or notices expressly incorporated by reference, constitute the entire agreement between the Adult User and Kinovate regarding the Services and supersede all prior or contemporaneous agreements, understandings, or communications.
Force Majeure. Kinovate will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, labor disputes, governmental actions, interruptions in internet or communications services, or failures of third-party service providers.
Notices. Notices to Kinovate must be sent to support@kinovateinc.com, unless otherwise specified. Kinovate may provide notices to Adult Users electronically, including through the Services or by email, and such notices will be deemed received upon transmission.
Questions regarding these Terms or the Services may be directed to:
Kinovate Ventures Inc.
Website: https://www.kinovateinc.com/
Email: support@kinovateinc.com