1. The agreement
These Terms are entered into between you ("you," "your," or "User") and Kinduit, Inc. ("Kinduit," "we," "us," or "our"). They govern your access to and use of the Kinduit website at kinduit.app, any related subdomains, mobile or desktop applications, application programming interfaces, emails sent on our behalf, and all other software, features, content, and services we make available (collectively, the "Service").
Your use of the Service is also governed by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms or to the Privacy Policy, you may not use the Service.
2. Who may use Kinduit
To create an account, you must:
- be at least eighteen (18) years of age, or an emancipated minor whose jurisdiction permits binding contracts;
- have the legal capacity to enter into a binding contract with Kinduit;
- not be barred from receiving the Service under the laws of the United States or any other applicable jurisdiction, including any sanctions regimes administered by the U.S. Department of the Treasury's Office of Foreign Assets Control; and
- not be subject to a court order that prohibits you from contacting the other party on your case through this Service.
If you are using the Service on behalf of an organization (for example, a law firm, court program, mediation practice, or government agency), you represent and warrant that you have authority to bind that organization to these Terms, and references to "you" include that organization.
3. Your account
You are responsible for the accuracy of the information you provide, the security of your credentials, and all activity that occurs under your account. You must promptly notify us at support@kinduit.app of any unauthorized access or suspected security incident affecting your account. Kinduit is not liable for any loss or damage arising from your failure to safeguard your credentials.
You agree to maintain only one account per individual. Court professionals, mediators, and other authorized neutrals may hold one account that operates across multiple cases.
4. The Service
Kinduit provides a structured, tamper-evident communication and recordkeeping platform for co-parenting and related family-court purposes. Features may include messaging, a shared calendar, an expense and reimbursement ledger, file storage, a tone-coaching assistant, exportable records, and access controls for attorneys, guardians ad litem, parenting coordinators, and courts.
Kinduit is a recordkeeping service. It is not a law firm, a mediator, a therapist, or an emergency service. Nothing provided through the Service is legal, medical, mental-health, financial, or other professional advice. If you are in immediate danger, contact your local emergency services.
5. Records and immutability
To preserve the evidentiary value of your co-parenting record, certain content cannot be edited or deleted once it is committed to the record. This includes, without limitation, messages, message metadata, calendar events, expense entries, and uploaded files associated with a case. By using the Service, you acknowledge and agree that the record is intentionally append-only and that you cannot unsend or modify committed content.
Kinduit will preserve records for the longer of (a) the period required by applicable law or a valid preservation request, (b) the period your account or case remains active, or (c) any period required to comply with a court order. We may produce a complete, certified export of the record to you, to the other party on your case, or to any person or entity you authorize.
6. Acceptable use
You agree that you will not, and will not permit any third party to:
- use the Service to threaten, harass, intimidate, stalk, defame, or cause emotional harm to any person;
- send, request, or store content that sexually exploits or abuses any minor, or that depicts or promotes violence, terrorism, or illegal activity;
- attempt to alter, forge, fabricate, or otherwise tamper with any record, hash, signature, timestamp, audit log, or verification feature;
- impersonate any person, misrepresent your relationship to a case, or attempt to access a household or case to which you have not been granted authorized access;
- probe, scan, reverse engineer, decompile, or otherwise attempt to discover the source code, structure, or security mechanisms of the Service, except to the extent expressly permitted by applicable law;
- interfere with, disrupt, or place an unreasonable load on the Service, including by transmitting malware, exploiting vulnerabilities, or conducting denial-of-service activity;
- use the Service to send commercial solicitations, spam, or bulk unsolicited messages; or
- use the Service in violation of any applicable law, court order, protective order, or restraining order.
Violations may result in suspension or termination of your account, preservation of records for court or law enforcement purposes, and referral to law enforcement when required by law.
7. Content ownership and licenses
You retain ownership of the content you create, upload, or transmit through the Service ("Your Content"). You grant Kinduit a worldwide, royalty-free, non-exclusive license to host, store, transmit, copy, index, display, and create technical derivative works of Your Content solely as necessary to (a) operate, secure, and improve the Service, (b) deliver the content to the parties on your case and to any person or entity you or a court authorize to receive it, and (c) comply with applicable law.
You represent and warrant that you have all rights necessary to grant this license and that Your Content does not infringe, misappropriate, or violate the rights of any third party.
All right, title, and interest in and to the Service itself — including all software, designs, trademarks, logos, and the compilation of records — remains the exclusive property of Kinduit and our licensors. No rights are granted to you except those expressly set forth in these Terms.
8. Court access, neutrals, and third parties
By using the Service, you acknowledge and agree that messages and other records in Kinduit may be reviewed by a Guardian ad Litem, attorney, or court if your case requires it.
You may grant access to your record to attorneys, guardians ad litem, parenting coordinators, mediators, and other authorized neutrals through the Service. A court of competent jurisdiction may also order Kinduit to grant such access. Access granted to a third party may be revoked by you at any time except where prohibited by court order.
9. Fees, billing, and refunds
Certain features of the Service are offered free of charge; others require payment. Fees, billing cycles, and feature inclusions are described at the time of purchase. By subscribing to a paid plan, you authorize Kinduit and our payment processor to charge your payment method on a recurring basis until you cancel. You are responsible for all taxes associated with your subscription. Fees are non-refundable except where required by law. We may modify pricing on prospective renewals with at least thirty (30) days' notice.
10. Suspension and termination
You may close your account at any time by writing to support@kinduit.app. Closing your account stops further data collection but does not delete records that must be preserved under Section 5.
We may suspend or terminate your access to the Service, with or without notice, if (a) you materially breach these Terms, (b) we reasonably believe your conduct creates legal or safety risk to any person, (c) we are required to do so by law or by a court of competent jurisdiction, or (d) we cease to offer the Service generally. Sections intended by their nature to survive termination — including Sections 5, 7, 11, 12, 13, 14, 15, and 16 — survive.
11. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KINDUIT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. KINDUIT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY RECORD WILL BE ADMITTED INTO EVIDENCE BY ANY COURT.
12. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KINDUIT, ITS AFFILIATES, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF KINDUIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
KINDUIT'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO KINDUIT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
13. Indemnification
You agree to defend, indemnify, and hold harmless Kinduit and its affiliates and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to (a) Your Content, (b) your use of the Service, (c) your violation of these Terms, or (d) your violation of any law or the rights of a third party.
14. Governing law and venue
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. Subject to Section 15, the state and federal courts located in Wilmington, Delaware have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to the personal jurisdiction and venue of those courts.
15. Arbitration and class waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service, except for claims for injunctive or equitable relief or claims that may be brought in small-claims court, will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be held in the county where you reside or, at your election, by video. The arbitrator's decision will be final and may be entered in any court of competent jurisdiction.
YOU AND KINDUIT EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. You may opt out of this arbitration agreement by writing to info@kinduit.app with the subject line "Arbitration opt-out" within thirty (30) days of first accepting these Terms.
16. Changes to these Terms
We may update these Terms from time to time. If we make a material change, we will provide reasonable advance notice — at least thirty (30) days where commercially practicable — by email or through the Service. Continued use of the Service after the effective date of the updated Terms constitutes acceptance of the updates. If you do not agree, you must stop using the Service.
17. Miscellaneous
These Terms, together with the Privacy Policy and any order forms or plan-specific terms, constitute the entire agreement between you and Kinduit and supersede all prior agreements on the same subject. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
18. Contact
Questions about these Terms, requests for legal process, or other legal correspondence may be sent to info@kinduit.app. Account or billing inquiries: support@kinduit.app.