KinNet Terms of Service

Last Updated, May 16, 2023

KinNet, serves as a platform that connects Buyers and Sellers of designated products ("Items") and enables the completion of purchase transactions for these Items (collectively, a "Transaction").

Connectopia Inc. offers all services of KinNet. These Terms of Use ("Terms") govern your access to and use of KinNet's websites, mobile applications, and other online products and services (collectively, the "Services"). By downloading, installing, accessing, posting, interacting, or using our Services, you agree to these Terms, which include the mandatory arbitration provision and class action waiver in Section 16, the Privacy Policy, and the Community Guidelines. If you do not agree to these Terms, the Privacy Policy, or the Community Guidelines, do not download, install, access, post, interact, or use our Services.

KinNet may modify these Terms from time to time. We will notify you of such changes by updating the date at the top of these Terms if we update it. The modified Terms will be effective immediately, and your continued use of our Services will indicate your acceptance of the changes unless we state otherwise in our notification. If you do not agree to the revised Terms, you must discontinue using our Services.

If you have any questions about Terms of Services, please contact us at contact@KinNet.app or connpytservice@gmail.com.

1.Privacy

For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy.

2.Account Registration, Usage, and Termination

To use our Services, you must be at least 18 years old, or of legal age in your jurisdiction. If you are under 18 (or not of legal age), you are not permitted to use our Services. To access certain features of our Services, you must register for an account using your phone number. By registering, you agree to receive text messages and phone calls (from us or our third-party providers) to verify your account. Upon launching the App or Service, you will be prompted to create a username and, in some cases, a password. We reserve the right to reject any username or terminate your username, or prevent its use, at our sole discretion, without liability to you. You must provide accurate account information, including your date of birth, and update it promptly if it changes. You must also maintain the security of your account and notify us immediately if you discover or suspect any unauthorized access. As part of our security procedures, you must keep your account credentials confidential and not disclose them to any other person or entity. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claims, such as trademark rights, to those usernames.

You are not permitted to buy, sell, or transfer any aspect of your account, including your username. Your account is not transferable by operation of law or otherwise, and we may terminate any rights to your account or User Content upon your death, incapacity, or unavailability.

If you wish to deactivate your account, you must notify us and request that we suspend login and use of your account. We may require valid identification information that is consistent with the registered identity information associated with your account to process your request. We reserve the right to refuse your request if such information is not provided.

We may suspend, block, or terminate your account at any time, without notice, if we believe that activities associated with your account violate these Terms, and the Community Guidelines, or pose a threat to KinNet, the Services, other users, or any third party. If your account has not been used for more than six (6) months, we may suspend, close, retrieve, or replace your account, or delete or de-identify all records associated with your account.

If you choose to deactivate your account, or if we terminate your account, you will not be able to retrieve any content or information associated with your account. Therefore, we suggest that you save any User Content or other information associated with your account that you wish to keep separately.

3.Communications and Messaging

By using KinNet and providing us with your information, you agree to receive electronic communications from us such as emails, text messages, or mobile push notifications. We may also send you notices and messages through the Service. For any direct marketing messages, we will obtain your consent first and provide you with an easy opt-out option, as we want to ensure that we only send you messages that you want to receive.

By accepting these Terms, you agree that we may communicate with you electronically about security, privacy, and administrative issues related to your use of KinNet. You acknowledge that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

KinNet allows you to send messages to other users of the Service. However, you agree not to use the Service for sending unsolicited marketing messages or broadcasts, commonly known as spam. We utilize various methods to block spammers and abusers from using the Service. If you believe that spam originated from KinNet, please contact us at contact@KinNet.app or connpytservice@gmail.com immediately.

4.User Content and License Agreement

Your Content refers to any data, text, graphics, photographs, and any other materials uploaded by you to KinNet. It is your sole responsibility to ensure that Your Content does not violate any laws, regulations, or the rights of any person or entity. KinNet is not responsible for any material that you upload, post, or otherwise make available on the Service.

By uploading, distributing, transmitting, or otherwise using Your Content with the Service, you grant us a perpetual, non-exclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content in connection with operating and providing the Service.

You are prohibited from creating, posting, storing, or sharing any User Content that violates these Terms, the Community Guidelines, or for which you do not have all the necessary rights to grant us the license described above. You represent and warrant that your User Content will not violate any rights of, or cause injury to, any person or entity.

KinNet does not guarantee the accuracy, quality, or integrity of any user content posted on the Service. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that KinNet will not be liable for any user content, including errors in any user content, or any loss or damage incurred by the use of user content.

We reserve the right to remove and permanently delete Your Content from the Service with or without notice for any reason or no reason. If you believe that any user content violates these Terms or other inappropriate user behavior, please email us at contact@KinNet.app or connpytservice@gmail.com.

5.Prohibited Conduct

To ensure a positive experience for all users, it is important to comply with the Community Guidelines of KinNet. By using our services, you agree to not engage in any conduct that violates applicable laws, contracts, intellectual property rights, or any third-party rights, nor commit any tortious acts. Specifically, you agree to refrain from the following actions:
These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the Terms, Community Guidelines, or improper use of the Service and to take action including termination of your Account and exclusion from further participation in the Service.

6.Intellectual Property and Limited License

KinNet and its licensors own the Services, including all text, graphics, images, photographs, videos, illustrations, software, functionality, and other content contained therein, and such content is protected by both U.S. and foreign laws. All rights to the Services not expressly granted to you in these Terms are reserved by KinNet or its licensors. You are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your personal, non-commercial use, provided that you comply with these Terms. Any use of the Services other than as specifically authorized in these Terms, without KinNet's prior written permission, is strictly prohibited, will result in the termination of the license granted herein, and will infringe on our intellectual property rights.

7.Trademarks

The trademarks of KinNet, including our logos, product or service names, slogans, and the overall appearance and experience of our Services, are the exclusive property of KinNet and may not be replicated, imitated, or utilized, either in their entirety or in part, without our prior written consent. Any third-party trademarks, registered trademarks, product names, company names, or logos mentioned on our Services are the sole property of their respective owners. Any reference to products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply our endorsement, sponsorship, or recommendation.

8.Feedback and Rights

You are welcome to provide Feedback to KinNet by posting, submitting, or communicating any questions, comments, suggestions, ideas, original or creative materials, or other information about KinNet or our Services(collectively, “Feedback”). Please note that KinNet reserves the right to use such Feedback for any purpose, commercial or otherwise, without any acknowledgment or compensation to you. This includes the ability to develop, copy, publish, or improve the Feedback at KinNet's sole discretion. Please also be aware that KinNet may consider Feedback to be non-confidential.

9.Infringement Reporting and Appeal Process

You can report any infringement act on KinNet. If you believe we process it by mistake, we will provide you with an opportunity to appeal via email at contact@KinNet.app or connpytservice@gmail.com. We will always try our best to help resolve any issues that you may encounter with our service.

Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable for certain costs and damages.

10.Third-Party Content

We may offer information about third-party products, services, activities, or events, or allow third parties to make their content and information available on or through KinNet (collectively, "Third-Party Content"). We provide Third-Party Content as a convenience to those interested in such content. Any interactions, correspondence or transactions you have with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. KinNet does not have control over or endorse, and makes no representations or warranties regarding, any Third-Party Content. Therefore, your access to and use of such Third-Party Content is at your own risk.

11.Indemnification and Liability

You agree to indemnify, defend, and hold harmless KinNet, our parent companies, subsidiaries, licensors, service providers, and our and their affiliates, as well as each of our respective officers, directors, agents, partners, and employees (collectively, the "KinNet Parties"), to the fullest extent allowed by applicable law, from and against any losses, liabilities, claims, demands, damages, expenses, or costs ("Claims") arising from or relating to: (a) your use of or access to the Services; (b) any User Content or Feedback you submit; (c) any violation of these Terms or the Community Guidelines by you; (d) any violation, misappropriation, or infringement of any rights of another person, including but not limited to intellectual property rights or privacy rights; or (e) your conduct in connection with the Services. You agree to notify KinNet Parties promptly of any third-party Claims, cooperate with us in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims, including attorneys' fees. You also agree that the KinNet Parties will have control of the defense or settlement, at KinNet's sole option, of any third-party Claims. This indemnity is in addition to any other indemnities set forth in a written agreement between you and KinNet or any other KinNet Parties, and not in lieu of them.

12.Disclaimers of Warranties

Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, KinNet does not represent or warrant that our Services are accurate, complete, reliable, current, or error-free. While KinNet attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

13.Limitation of Liability

To the fullest extent permitted by applicable law, KinNet and the other KinNet Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages, or lost profits, even if KinNet or the other KinNet Parties have been advised of the possibility of such damages. Without limiting the foregoing, and to the fullest extent permitted by applicable law, KinNet will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer, mobile device, equipment, computer programs, data, or other proprietary material due to your use of KinNet or the Services, or items obtained through KinNet or the Services, or due to your downloading of any material posted on KinNet or any website or application linked to it.
The total liability of KinNet and the other KinNet Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100.00 or the amount paid by you to use our Services.
The limitations set forth in this Section 13 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of KinNet or the other KinNet Parties, or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

14.Release of Claims

To the fullest extent permitted by applicable law, you release KinNet and the other KinNet Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

15.Data Processing and International Transfers

In order for us to provide our Services, you agree that we may process, transfer, and store information about you on Amazon Web Services in the United States, where you may not have the same rights and protections as you do under local law.

16.Mandatory Arbitration and Class Action Waiver

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with KinNet and limits the manner in which you can seek relief from us unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

No Representative Actions. You and KinNet agree that any dispute arising out of or related to these Terms or our Services is personal to you and KinNet and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes. Except for small claims disputes in which you or KinNet seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or KinNet seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and KinNet waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against KinNet or relating in any way to the Services, you agree to first contact KinNet and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to KinNet by email at contact@KinNet.app or connpytservice@gmail.com. The Notice must: (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and KinNet cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Dallas County, Texas or may be conducted telephonically or via video conference for disputes alleging damages less than $5,000, unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). For purposes of this Section, you will be deemed a “consumer” if you use the Services for your personal, family, or household purposes. The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

You and KinNet agree that these Terms affect interstate commerce and that the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

The arbitrator, KinNet, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and KinNet agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and KinNet will pay the remaining JAMS fees and costs. For any arbitration initiated by KinNet, KinNet will pay all JAMS fees and costs. You and KinNet agree that the state or federal courts of the State of Texas and the United States sitting in Dallas County, Texas have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and KinNet will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 16. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 17.

If any portion of this Section 16 is found to be unenforceable or unlawful for any reason: (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 16 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 16; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 16 is found to prohibit an individual claim from seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 16 will be enforceable.

17.Governing Law and Jurisdiction

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Texas, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Texas and the United States, respectively, sitting in Dallas County, Texas.

18.Modification and Discontinuation of Services

At KinNet, we retain the right to alter, modify or suspend any or all parts of our Services at our discretion. Similarly, you possess the right to discontinue your use of our Services at any point in time. We cannot be held liable for any losses or damages caused due to your inability to access or utilize our Services.

19.Payment, Fees, and Taxes

Creating an Account and using the App is currently free. However, Sellers are required to pay fees related to Transactions. These fees are outlined in our FAQs, which may be updated or amended from time to time. Due to potential fees, Users may be required to enter a desired payment method ("Payment Method") upon registering their Account.

You authorize KinNet and/or its Billing Agent to bill you in a manner consistent with its fee structure as found in the Fee Schedule. Fees and charges due as a result of a Transaction are automatically billed to your Payment Method upon a Transaction.

You must provide KinNet with current payment information upon registration, change of payment information, and at KinNet's request. You are solely responsible for maintaining and updating your payment information. KinNet is not liable for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your Payment Method.

Stated prices may not include sales and use taxes. If they do not, you are responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we are required to pay or in fact collect related to your purchase.

KinNet may change the fees or benefits associated with the Paid Services from time to time with reasonable advance notice of material changes; provided, however, that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with the Paid Services.

You must follow and comply with the rules of the platform you participate in. Failure to do so may result in a temporary or permanent ban from KinNet or the removal of certain services. In such instances, you might lose the benefits of these services. There are no refunds.

20.Transaction

Seller Responsibilities: Sellers must ensure that their listed products comply with all applicable laws and regulations, and that they hold necessary rights or permissions for selling those items. Sellers are responsible for accurate product representation, including descriptions, images, pricing, and stock availability.

Sales and Payments: Users acknowledge that transactions facilitated within the platform may be subject to processing fees levied by third-party payment processors. Users agree to adhere to the chosen payment method's terms and conditions.

Taxes: Users are responsible for determining and accounting for any applicable sales, use, or value-added taxes related to transactions conducted on the platform.

Shipping: Sellers are responsible for coordinating and fulfilling shipping arrangements, including providing tracking information to buyers when available. Both parties must communicate effectively to address any delivery issues that may arise.

Dispute Resolution: Users agree to resolve any transaction disputes amicably. The platform reserves the right to intervene and mediate disputes if necessary.

Prohibited Items: The platform reserves the right to prohibit the sale of certain items or categories, as determined by its sole discretion, in accordance with legal requirements, ethical considerations, or user safety.

21.Severability

In the event that any provision or portion of these Terms is found to be unlawful, void, or unenforceable, such provision or portion shall be considered separable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

22. Miscellaneous Provisions

KinNet's failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. The section titles in these Terms are provided for convenience only and do not have any legal or contractual effect. These Terms are solely intended for the benefit of the parties and do not grant third-party beneficiary rights to any other person or entity, except as expressly provided in these Terms. You acknowledge and agree that communications and transactions between us may be conducted electronically in accordance with applicable laws and regulations.