Last Revised: November 11, 2021
If you are accessing the App or the Site or using the Service on behalf of a third party that has entered into a separate agreement with Kinspire in connection with the Services (“Services Agreement”), your use of the App, the Site and Services will also be subject to the terms and conditions of the Services Agreement.
Registration. You may access certain online features of the Services through your account on the App or the Site (your “Account”). You may log into your Account using a unique username and password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You are solely responsible for any actions taken under your username. You agree that the information that you provide to Kinspire about yourself upon registration of your Account, and at all other times, (“Customer Data”) will be true, accurate, current and complete, and you further agree that you will maintain and promptly update the Customer Data to ensure that it remains true, accurate, current and complete. You may not impersonate any other person or use a username or password that you are not authorized to use. Kinspire reserves the right to require you to change your password for any reason at any time. If you become aware of any unauthorized use of your Account, you agree to notify Kinspire immediately at firstname.lastname@example.org.
Your Content and Derivative Works. In connection with your access to, or use of, the App, the Site or the Services, you may have the opportunity upload to the App or the Site certain information, reviews, videos, data, documents, and other materials (“Pre-Existing Content”). As between you and Company, you remain the owner of all Pre-Existing Content that you make available in connection with the Services. You unconditionally grant to Kinspire a non-exclusive perpetual royalty-free license to use your Pre-Existing Content on the App and the Site or otherwise (the “License”). You represent and warrant to Kinspire that you have all rights necessary to provide the license and make the Pre-Existing Content available on the App and the Site and that you are the owner of the Pre-Existing Content. You grant Kinspire full authority to develop Derivate Works using the App, the Site and Services based on the Pre-Existing Content, whether made by Kinspire staff or by others, including you, using the App, the Site and Services. You acknowledge and agree that all Derivative Works developed using the App, the Site and Services shall belong solely to Kinspire and you shall have a non-exclusive license to use the Derivative Works through the App, the Site and Services. For the purposes of these Terms, “Derivative Works” shall mean: (i) for material subject to copyright, registered or unregistered design protection, any work which is based on Pre-Existing Content, such as revision, modification, improvement, upgrades, translation, abridgment, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted using the App, the Site and Services; and (ii) for material subject to trade secret protection, any new material, information or data relating to and derived from the Pre-Existing Content using the App, the Site and Services, including new material which may be protected by copyright, patent or other proprietary right, and, with respect to each of the above, the preparation and/or use of which, in the absence of this Agreement or other authorization from the owner, would constitute infringement under applicable law. Notwithstanding anything in the foregoing, to the extent you have a separate Agreement with Kinspire governing your use of the App, the Site and Services, in the event of any conflict between such Agreement and these Terms, the Agreement shall govern.
Review of Content and Materials. We may review your conduct and content for compliance with these Terms and our Code of Conduct. However, we have no obligation to do so. We aren't responsible for your compliance with these Terms or the Code of Conduct, or any other party’s compliance with these Terms or the Code of Conduct.
Third Party Software and Linking. Although we may make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third party. Kinspire makes no warranty with regard to the products or websites of any other entity. Kinspire has no control over the content or availability of any third-party software or website. In particular, (a) Kinspire makes no warranty that any third-party software you download or web site you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) it is your responsibility to become familiar with any web site's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.
App Store Usage Rules. With respect to the Service accessed through or downloaded from the Apple App Store or Google Play Store (each an “App Store” and references to the App Store include the corporate entity and its subsidiaries making the App Store available to you), you agree to comply with all applicable third-party terms of the App Store (the “Usage Rules”) when using the App. To the extent these Terms provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “App Store-Sourced Application”), you will only use the App Store-Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
Accessing and Downloading an App Store-Sourced Application. The following applies to any App Store-Sourced Application:
You acknowledge and agree that (i) these Terms are concluded between you and Kinspire only, and not Apple, and (ii) Kinspire, not Apple, is solely responsible for the App Store-Sourced Application and content thereof. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Application.
In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Application. As between Kinspire and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Kinspire.
You and Kinspire acknowledge that, as between Kinspire and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store-Sourced Application or your possession and use of the App Store-Sourced Application, including, but not limited to: (i) product liability claims, (ii) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
You and Kinspire acknowledge that, in the event of any third-party claim that the App Store-Sourced Application or your possession and use of that App Store-Sourced Application infringes that third party’s intellectual property rights, as between Kinspire and Apple, Kinspire, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and Kinspire acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store-Sourced Application, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store-Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store-Sourced Application.
Suspension and Termination. Kinspire reserves the right to suspend, modify, or terminate your access to and use of the App, the Site and Services, at any time, without notice. Further, you agree that Kinspire shall not be liable to you or any third party for any termination, modification, or suspension of your access to the App, the Site or Services.
Availability. Kinspire uses reasonable efforts to ensure that the online features of the Service is available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades, and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Kinspire. Kinspire will use reasonable commercial efforts to minimize such disruption where it is within the reasonable control of Kinspire. You agree that Kinspire shall not be liable to you for any unavailability, modification, suspension, or discontinuance of the Service.
Kinspire may provide bulletin boards which allow users to discuss various topics. You acknowledge that any reliance on information on the bulletin boards is done at your sole risk and liability.
Other than the guidance and advice you receive directly from a Provider, any other educational graphics, research sources (such as the sections in our online therapy program) and other incidental information that are part of the Services should not be considered medical advice.
THE SERVICES AVAILABLE THROUGH THE APP AND THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. KINSPIRE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APP AND THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
KINSPIRE DOES NOT GUARANTEE THAT THE APP, THE SITE, THE SERVICES AND SOFTWARE WILL BE SECURE, UNINTERRUPTED AND OPERATE WITHOUT ERRORS OR THAT THE APP, THE SITE, THE SERVICES AND SOFTWARE ARE FREE OF COMPUTER VIRUSES OR OTHER MALWARE. YOU AGREE THAT KINSPIRE WILL NOT BE RESPONSIBLE FOR ANY ECONOMIC COSTS RELATING TO YOUR USE OF THE PLATFORM, THE SERVICES OR SOFTWARE.
KINSPIRE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP, THE SITE AND THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE APP, THE SITE, THE SERVICES AND/OR OTHER CONTENT ON THE PLATFORM. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
KINSPIRE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND KINSPIRE'S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. KINSPIRE IS NOT RESPONSIBLE FOR ANY DELAYS OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Proprietary and Privacy Protection for Other Users’ Content on the App and the Site. Kinspire hereby notifies you that all the information, content, image files, software and materials on the App and the Site may be protected by U.S. and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. You may not copy or distribute such material without the written consent of Kinspire.
Claims of Copyright Infringement. Kinspire has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act of 1998 ("DMCA") and avails itself of the protections under the DMCA. Kinspire reserves the right to remove any content that allegedly infringes another person’s copyright. In appropriate circumstances, Kinspire will terminate the accounts of users who infringe copyright. Notices to Kinspire regarding any alleged copyright infringement should be directed to Kinspire via email at:
Service Provider: Kinspire Inc.
Designated Agent: Kinspire Inc.
Mailing Address: 3700 QUEBEC ST #100-311, Denver, CO 80207
Notice of Infringement. To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Takedown Notices. We may give you notice that we have removed or disabled access to certain material (which may include your content) by means of a general notice on the Service, electronic mail to your email address in our records, or by written communication sent by first-class mail to your physical address in our records.
Indemnity. You agree to indemnify, and hold Kinspire, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (a) your access to or use of the App, the Site or Services; (b) your violation of these Terms; (c) your violation of any third party right, including without limitation any intellectual property right or any publicity, confidentiality, property or privacy right; (d) any claim that your use of the App, the Site or Services caused damage to a third party, or (e) any incorrect or fraudulent statements or information you provide in connection with the Services.
Limitations on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR ANY LIABILITY FOR KINSPIRE’S FRAUD, FRAUDULENT MISREPRESENTATION, OR GROSS NEGLIGENCE, IN NO EVENT WILL KINSPIRE, ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS, AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR (B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER OR NOT KINSPIRE OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS, AFFILIATES, SUPPLIERS OR DISTRIBUTORS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
ADDITIONALLY, KINSPIRE, ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS, AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR MORE THAN THE GREATER OF TWENTY DOLLARS ($20) OR THE AMOUNTS PAID BY YOU TO KINSPIRE FOR THE PAST TWELVE (12) MONTHS OF THE SERVICES IN QUESTION.
Some places don't allow the types of limitations in this paragraph, so they may not apply to you.
Modification. Kinspire may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the App, the Site or Services after the “Last Revised” date at the top of these Terms. Your continued access to or use of the App, the Site or Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms. If you do not agree with the modifications, do not access or use the App, the Site or Services.
Applicable Law. These Terms shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction.
Dispute Resolution and Arbitration Agreement. If you believe that Kinspire has not adhered to these Terms, please contact us by e-mail at email@example.com and we will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
IF YOU AND KINSPIRE ARE UNABLE TO REACH A RESOLUTION TO THE DISPUTE, YOU AND KINSPIRE AGREE THAT EITHER YOU OR KINSPIRE MAY ELECT TO SETTLE THE DISPUTE EXCLUSIVELY UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (WWW.ADR.ORG) AT ITS DENVER, COLORADO OFFICE (THE “ARBITRATION AGREEMENT”). ANY ELECTION TO ARBITRATE BY ONE PARTY WILL BE FINAL AND BINDING ON THE OTHER. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. YOU AND KINSPIRE AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN KINSPIRE AND YOU INDIVIDUALLY. YOU ACKNOWLEDGE AND AGREE THAT YOU AND KINSPIRE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND KINSPIRE OTHERWISE AGREE IN WRITING, AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE APP, THE SITE OR THE SERVICES OR THESE TERMS MUST BE BROUGHT, IF AT ALL, WITHIN ONE YEAR FROM THE ACCRUAL OF THE CLAIM OR CAUSE OF ACTION OR BE FOREVER BARRED.
You may opt out of this Arbitration Agreement. If you do, neither you nor Kinspire can require the other to participate in arbitration proceedings. To opt out, you must notify Kinspire in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
ATTN: Arbitration Opt-out
3700 QUEBEC ST #100-311
Denver, CO 80207
You must include your name and residence address, the email address you use for your Kinspire account, and a clear statement that you want to opt out of the arbitration agreement.
Contact. Kinspire is located in Denver, Colorado. Any questions, comments or suggestions, including any report of violation of these Terms should be provided to the Administrator as follows:
By Postal Mail:
3700 QUEBEC ST #100-311
Denver, CO 80207
Entire Agreement. These Terms, along with any other applicable agreement referenced herein, constitutes the entire agreement between you and Kinspire and govern your use of the App, the Site and the Services, superseding any prior agreements between you and Kinspire. The failure of Kinspire to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and Kinspire nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
CODE OF CONDUCT
You agree not to misuse the Services or help or encourage any other party to misuse the Services. For example, and without limitation, you may not:
interfere, disrupt or attempt to gain unauthorized access to other accounts on the App or the Site or any other computer network;
breach or otherwise circumvent any security or authentication measures;
circumvent storage space limits;
create user accounts by automated means or under fraudulent or false pretenses;
create or transmit unsolicited electronic communications such as spam to users or promote any products or services;
sell the Services unless specifically authorized to do so;
harass, threaten or intentionally embarrass or cause harm or distress to another person or group;
distribute, upload, or otherwise make available any Content or other materials that: (a) are defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) are bigoted, hateful, or racially or otherwise offensive; (c) are illegal or encourage or advocate illegal activity; (d) infringe or violate the rights of any party (e) are violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (f) harm or can reasonably be expected to harm any person or entity;
collect and publish any information about any of our users;
adapt, modify or reverse engineer any portion of the Services, the App or the Site;
use any spider, robot, retrieval application, or any other device to retrieve any portion of the App or the Site;
disseminate, store or transmit viruses, worms, Trojan horses or other malicious code or program;
encourage conduct in connection with the Services that would constitute a criminal or civil offense;
violate any applicable federal, state, local or international law or regulation;
exploit any person;
invade the privacy of any person, including but not limited to submitting personally identifying or otherwise private information about a person without their consent;
submit false or misleading information to Kinspire or other users;
attempt to do any of the foregoing or encourage or enable any third party to do any of the foregoing.