Kynd
Welcome to Kynd, operated by Avasar LLC. If you continue to browse and use our Kynd website or application (“Kynd” or the “App”), you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Kynd’s relationship with you in relation to this App.
If you disagree with any part of these terms and conditions, please do not use our App.The term ‘Kynd’ or ‘us’ or ‘we’ or “App” or the “Company” refers to the owner of the App. The term ‘you’ refers to the user or viewer of our App. Your use of this App constitutes a contract with us.
Our App offers you a platform to meet and connect with people that you may like and find desirable as dating partners. To enjoy the services of our App you will need to register for an account (“Account”). In order to create an Account, you must:
1. be at least 18 years old or the age of majority to legally enter into a contract under the laws of your home country and
2. be legally permitted to use the App by the laws of your home country.
Account creation can be done in a number of ways, including by Telephone number and Email login. When creating an Account using your Email login, you authorize Kynd to access, display and use certain information from your Email login (e.g., profile pictures, location, education, work, information about Facebook/Google friends, but not limited to just this). Complete acknowledgment that sharing your Email profile details, will be shown on Kynd. To get a better understanding about what information is used and how it is used, refer to the privacy policy.You are responsible for maintaining the confidentiality of your account credentials you use to sign up for Kynd, and you are solely responsible for all activities that occur under your account. In an event of a breach to your account or if you become aware of any unauthorized use of your account, immediately contact us at support@kynddating.com.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Kynd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kynd has the right to suspend or terminate your Account and refuse any and all current or future use of the App.
You may be required to purchase some of our services in order to enjoy the full experience of the exclusive services we offer for our subscribed users. You will be required to make payment. If you choose to make a Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference. The Payment methods are as follows; (a) making a purchase through a third-party platform such as the Apple App Store and Google Play Store (“Third Party Store”), or (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third-party processor.
Subscriptions and Auto-Renewal: Kynd may offer some services as automatically-renewing subscriptions, e.g., a one-week subscription, one-month subscription, or three-month subscription (“Premium Services”). If you purchase an automatically renewing subscription, then your subscription will renew at the end of the period, unless you CANCEL, at Kynd’s then-current price for such subscriptions. To avoid charges for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period. Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of the Premium Services to which you have subscribed and an opportunity to cancel. If Kynd changes these prices and you do not cancel your subscription, you agree that you will be charged at Kynd’s then-current pricing for subscription.
You are solely responsible for your interactions with other users of Kynd and any other parties with whom you interact through Kynd’s services; however, Kynd reserves the right, but has no obligation, to intercede in such disputes. You agree that Kynd will not be responsible for any liability incurred as a result of such interactions. You understand that Kynd does not currently conduct criminal background checks on its users or attempt to verify the statements of its users. Kynd makes no representations or warranties as to the conduct of the users or their compatibility with any current or future users. Kynd reserves the right to conduct any criminal background checks or other screenings (such as sex offender register searches) at any time and using available public resources.
We make an effort to moderate profile content, but Kynd is not responsible for and does not control User Content, including the accuracy or completeness of any user’s profile information or User Content. You use all User Content and interact with other users at your own risk. We do encourage users to report any inappropriate behaviors by other users or in the case when users come across Prohibited Content, so we can review and remove such users and content respectively from our platform. As part of that policy, we may suspend and/or terminate users who upload Prohibited Content. If you believe that one of our users is, through the use of our Service, uploading or displaying Prohibited Content, please contact us at: support@kynddating.com.
There are three types of content that you will be able to access on the App:
1. content that you upload and provide (“Your Content”);
2. content that members provide (“Member Content”); and
3. content that the Kynd Group provides (“Our Content”).
We want to create a safe and welcoming environment for all of our users, where they feel comfortable expressing themselves as much as possible and post content that best describes themselves. There are certain contents we can’t allow in Kynd. Users are prohibited from posting any of the content which:
• contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
• is obscene, pornographic, violent or otherwise may offend human dignity (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
• is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
• encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
• is defamatory or libelous;
• relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
• involves the transmission of “junk” mail or “spam”;
• contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Kynd or otherwise;
• itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
• shows another person which was created or distributed without that person’s consent;
• is harmful to minors; or
• impersonates any other person, including falsely stating your name.Kynd operates a zero-tolerance policy for this kind of content. Kynd has the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display or review Your Content.
As Kynd is a public platform, Your Content will be visible to other users of the App all around the world. Only share information that you are comfortable sharing. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a user’s profile or shared content from other Kynd Users). By uploading Your Content on Kynd, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future). We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you. We do not have any obligation to store Your Content - should you need any of your information, you should make a copy.
You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or post codes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
Other members of Kynd will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.
You do not have any rights in relation to other users’ Member Content, and you may only use other Kynd users’ personal information to the extent that your use of it matches Kynd’s purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.
Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.
Any remaining Content on Kynd belongs to us. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Kynd are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:
• you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
• you shall not use our name in metatags, keywords and/or hidden text;
• you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and
• you shall use Our Content for lawful purposes only.
• We reserve all other rights.
Since Kynd is an online community, we generally try to avoid getting in the way and therefore don’t assume any obligation to pre-screen any of Your Content or any Member Content. However, there may be times where we need to step in, and we reserve the right to review, pre-screen, refuse and/or remove any Member Content and Your Content, including content exchanged between users in direct messages.
We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the Kynd services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at support@kynddating.com.
The App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the App to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the App uses and retains your information, please read the Privacy Policy.
While using Kynd, you may come across advertisements and promotions offered by third parties and links to other web sites or resources. However, Kynd is not responsible for the availability or lack of availability of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Kynd is not responsible or liable for such third parties’ terms or actions.
Kynd is committed to respecting and protecting the legal rights of copyright owners. As such, Kynd adheres to the following notice and take-down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice''). To be valid, a DMCA Takedown Notice must (i) be provided to Kynd’s designated agent, (“Copyright Agent''), as set forth below, and (ii) include the following:
A physical or electronic signature of a 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; identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have 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, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Kynd’s Copyright Agent to receive DMCA Takedown Notices is: email: support@kynddating.com
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to indemnify and hold Kynd, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post in the Service, and the violation of any law or regulation by you. Kynd reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kynd in connection therewith.
We are not liable for any damages that may occur to you as a result of your misuse of our App.We reserve the right to edit, modify, and change this Agreement at any time. We shall let our users know of these changes through electronic mail. This Agreement is an understanding between Kynd and the user, and this supersedes and replaces all prior agreements regarding the use of this App.
All intellectual property rights in any content of the App (including text, graphics, software, databases, photographs and other images, videos, sound, trademarks and logos) (“Content”) are owned by Kynd, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property.
Any dispute related in any way to your visit to our App or to products you purchase from us shall be arbitrated in the courts of the State of Virginia and you consent to exclusive jurisdiction and venue of such courts.
THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY OF ANY MATCHES.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. Kynd IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. Kynd DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.
This Agreement is subject to change by Kynd at any time.
This Terms of Service was last updated on January 6th, 2024.