Terms of Service —
These Terms of Use apply when you use the services of Kindred Speed Dating, Inc. ("Kindred", “Services”). The Terms include our Service Terms, Sharing & Publication Policy, Usage Policies, and other documentation, guidelines, or policies we may provide in writing. By using our Services, you agree to these Terms. Our Privacy Policy explains how we collect and use personal information.
Registration and Access
To use the Services provided by Kindred Speed Dating, Inc., you must be at least 18 years old. If you are under 18, you must obtain permission from your parent or legal guardian to use the Services. If you are using the Services on behalf of another individual or entity, you must have the necessary authority to accept the Terms on their behalf. It is important to provide accurate and complete information during the registration process. You are prohibited from sharing your access credentials or account with individuals outside your organization. You are solely responsible for all activities conducted using your credentials.
Usage Requirements
(a) Use of Services: You have the right to access and use the Services offered by Kindred Speed Dating, Inc. in accordance with these Terms. When using the Services, you must comply with these Terms as well as all applicable laws. Kindred Speed Dating, Inc. and its affiliates retain all rights, title, and interest in and to the Services.
(b) Feedback: We greatly appreciate receiving feedback, comments, ideas, proposals, and suggestions for improving our Services. If you provide any of these contributions, we may use them without any restrictions or obligations to compensate you.
(c) Restrictions: You are prohibited from engaging in the following activities:
(i) using the Services in a manner that infringes upon, misappropriates, or violates the rights of others;
(ii) attempting to reverse assemble, reverse compile, decompile, translate, or otherwise discover the source code or underlying components of the Services’ models, algorithms, and systems (except to the extent that such restrictions are contrary to applicable law);
(iii) using the output from the Services to develop models that directly compete with Kindred Speed Dating, Inc.;
(iv) using any automated or programmatic methods, except as permitted through the API, to extract data or output from the Services, including activities such as scraping, web harvesting, or web data extraction;
(v) misrepresenting the output from the Services as being human-generated when it is not, or otherwise violating our Usage Policies;
(vi) buying, selling, or transferring API keys without obtaining our prior consent; or
(vii) sending us any personal information regarding children under 13 years old or under the applicable age of digital consent. You must also adhere to any rate limits and other requirements specified in our documentation. The use of the Services is limited to the geographies currently supported by Kindred Speed Dating, Inc..
(d) Third-Party Services: Any third-party software, services, or other products that you utilize in connection with the Services are subject to their own terms and conditions. Kindred Speed Dating, Inc. is not responsible for any third-party products and services.
(e) All title, ownership, and intellectual property rights, including the rights to copyright, trademarks, service marks, and logos (collectively, the “Intellectual Property”) are vested in Kindred Speed Dating, Inc. and its founders. Nothing contained herein should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Intellectual Property without the written permission of Kindred Speed Dating, Inc..
We highly value our relationship with our subscribers and strive to provide an exceptional experience. If you have any questions or concerns regarding our Subscription Policy, please contact our customer support team, and we will be happy to assist you.
Indemnification; Disclaimer of Warranties; Limitations on Liability
(a) Indemnity: You agree to defend, indemnify, and hold harmless Kindred Speed Dating, Inc., our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.
(b) Disclaimer: THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, Kindred Speed Dating, Inc. AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
(c) Limitations of Liability: NEITHER Kindred Speed Dating, Inc. NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Term and Termination
(a) Termination; Suspension: These Terms become effective upon your initial use of the Services and remain in effect until terminated. You have the right to terminate these Terms at any time and for any reason by ceasing the use of the Services and Content. We reserve the right to terminate these Terms for any reason by providing you with at least 30 days’ advance notice. Additionally, we may terminate these Terms immediately upon notifying you if you materially breach Sections 2 (Usage Requirements), 5 (Confidentiality, Security and Data Protection), 8 (Dispute Resolution), or 9 (General Terms), if there are changes in relationships with third-party technology providers beyond our control, or to comply with applicable law or government requests. In case of non-compliance with these Terms, if your use poses a security risk to us or any third party, or if we suspect fraudulent activity or potential liability to us or any third party, we may suspend your access to the Services.
(b) Effect on Termination: Upon termination, you are required to discontinue the use of the Services and promptly return or, if instructed by us, destroy any Confidential Information. The sections of these Terms that, by their nature, should survive termination or expiration will remain in effect, including but not limited to Sections 3 and 5-9.
Dispute Resolution
(a) Mandatory Arbitration: You and Kindred Speed Dating, Inc. agree to resolve any past or present claims relating to these Terms or our Services through final and binding arbitration. Arbitration will be governed by the laws of the state of Delaware and must take place there. You have the right to opt out of these arbitration terms and any future changes by completing the opt-out form within 30 days of agreeing to these terms or the relevant changes.
(b) Informal Dispute Resolution: We strive to resolve disputes without formal legal action. Before initiating a claim against Kindred Speed Dating, Inc., you agree to attempt resolving the dispute by notifying us at hello@kindredspeeddating.com. Your notice should include your name, a description of the dispute, and the relief sought. If the issue is not resolved within 60 days, you may begin formal proceedings. The 60-day resolution period tolls any applicable statute of limitations.
(c) Arbitration Forum: Arbitration will be initiated through ADR Services, with fees shared equally. Should the arbitrator determine that you cannot afford the fees, Kindred Speed Dating, Inc. will cover them. The arbitration will be governed by Delaware law and take place in Delaware, regardless of your or Kindred Speed Dating, Inc.'s location. Kindred Speed Dating, Inc. will not seek attorneys' fees or costs unless the arbitrator determines the claim is frivolous.
(d) Arbitration Procedures: Arbitration will be conducted by telephone, video conference, or in person in Delaware or another mutually agreed-upon location. ADR Services will appoint a sole arbitrator following their rules. The arbitrator has authority to decide all issues, except for a Delaware court’s jurisdiction in determining the scope and enforceability of this section. Settlement offers will not be disclosed to the arbitrator until the final award determination.
(e) Exceptions: Arbitration is not applicable to claims brought in small claims court or claims seeking equitable relief to prevent unauthorized use of the services or intellectual property infringement.
(f) No Class Actions: All disputes must be brought individually and cannot be part of any class or collective action. Class arbitrations, actions, and consolidation of claims are not allowed. If a dispute proceeds in court, both parties waive their right to a jury trial. This does not prevent class-wide settlements of claims.
(g) Mass Filings: If 30 or more similar claims are filed against Kindred Speed Dating, Inc., ADR Services will assign numbers to the claims, with the first 10 claims proceeding to arbitration as “Initial Test Cases.” If unresolved claims remain after mediation, the parties may opt out of arbitration and proceed to court in Delaware. The statute of limitations will be tolled during this process.
(h) Severability: If any part of this section is found illegal or unenforceable, the remaining provisions will remain in effect, unless partial unenforceability would allow for Mass Filings or class arbitration. In that case, this section will be deemed unenforceable in its entirety. Arbitration will be governed solely by Delaware law.
All legal disputes will be exclusively handled in the state of Delaware.