Terms of Use

 

Introduction

Kintsugi helps people feel better about their daily stress. This Terms of Use and your conduct make that possible.

Hello and welcome to Kintsugi, we hope you enjoy learning about mindful wellness and our various offerings. Please read these terms of use (“Terms”) carefully because they are a binding agreement between you and Kintsugi Mindful Wellness, Inc., dba Kintsugi (“Kintsugi”, "us", "we", or "our"). These Terms applies to your access to and use of the websites, mobile apps, widgets, and other online products and services (collectively, the "Services") provided by Kintsugi. You automatically agree to these Terms and you acknowledge our Privacy Policy by using or accessing the Services. If you do not agree with these Terms, do not access or use these Services.

1. Your Use of the Services

Kintsugi grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.

Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:

  • license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;

  • modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or

  • access the Services or Content in order to build a similar or competitive website, product, or service.

We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

2. Trademarks

All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of third parties. You are not permitted to use these Marks without the Marks’ owner’s prior written permission.

3. Modification

Kintsugi reserves the right to (i) modify the Services Content or to (ii) modify, suspend, or discontinue the Service or any part the Service (including, for example, any App) at any time with or without notice to you. You agree that Kintsugi will not be liable to you or to any third party for any modification of the Services Content or any modification, suspension, or discontinuance of the Service.

4. Your Kintsugi Account and Account Security

To use certain features of our Services, you may be required to create a Kintsugi account (an "Account") and provide us with a username, password, and certain other information about yourself as set forth in the Privacy Policy.

You are solely responsible for the information associated with Your Account and anything that happens related to Your Account. You must maintain the security of your Account and promptly notify Kintsugi if you discover or suspect that someone has accessed your Account without your permission. We recommend enabling Touch ID or Face ID that is used with the Services.

You will not license, sell, or transfer your Account without our prior written approval.

5. Your Content

The Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created with or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse any of Your Content.

By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.

You retain any ownership rights you have in Your Content, but you grant Kintsugi the following license to use that Content:

When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sub-licensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Kintsugi. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

Any ideas, suggestions, and feedback about Kintsugi or our Services that you provide to us are entirely voluntary, and you agree that Kintsugi may use such ideas, suggestions, and feedback without compensation or obligation to you.

Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for a violation of these Terms, a violation of our Content Policy, or if you otherwise create liability for us.

6. Privacy Policy

Please review the Privacy Policy.

7. Third-Party Content, Advertisements and Promotions

The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.

The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.

8. Things You Cannot Do

When accessing or using the Services, you must respect others and their rights, including by following these Terms and the Content Policy, so that we all may continue to use and enjoy the Services. We support the responsible reporting of security vulnerabilities. To report a security issue, please send an email to support@kintsugimindfulwellness.com.

When accessing or using our Services, you will not:

  • Create or submit Content that violates our Content Policy or attempt to circumvent any content-filtering techniques we use;

  • Use the Services to violate applicable law or infringe any person or entity's intellectual property or any other proprietary rights;

  • Attempt to gain unauthorized access to another user’s Account or to the Services (or to other computer systems or networks connected to or used together with the Services);

  • Upload, transmit, or distribute to or through the Services any computer viruses, worms, or other software intended to interfere with the intended operation of a computer system or data;

  • Use the Services to harvest, collect, gather or assemble information or data regarding the Services or users of the Services except as permitted in these Terms or in a separate agreement with Reddit;

  • Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;

  • Intentionally negate any user's actions to delete or edit their Content on the Services; or

  • Access, query, or search the Services with any automated system, other than through our published interfaces and pursuant to their applicable terms. However, we conditionally grant permission to crawl the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials subject to the parameters set forth in our robots.txt file.

9. Copyright, the DMCA & Takedowns

Kintsugi respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing materials from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright that you own or control, you may notify Kintsugi’s Designated Agent by contacting:

support@kintsugimindfulwellness.com

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

If we remove Your Content in response to a copyright or trademark notice, we will notify you via email. If you believe Your Content was wrongly removed due to a mistake or misidentification, you can send a counter notification to our Copyright Agent (contact information provided above). Please see 17 U.S.C. §512(g)(3) for the requirements of a proper counter notification.

10. Kintsugi Premium, Goods and Payment Information

There are no fees for use of many aspects of the Services. However, premium features, including Kintsugi Premium and Goods may be available for purchase on certain of our Services. In addition to these terms, by purchasing or using Kintsugi Premium or Goods, you further agree to the Kintsugi Premium and Goods Agreement.

Kintsugi may change the fees or benefits associated with the premium features from time to time with reasonable advance notice; provided, however, that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with the premium features.

You may submit your debit card, credit card, or other payment information ("Payment Information") via our Services to purchase premium features or other paid products or services. We use third-party service providers to process your Payment Information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees.

11. Warranty Disclaimer

KINTSUGI DOES NOT MAKE ANY WARRANTIES OR PROMISES ABOUT THE SITE OR SITE CONTENT. FOR EXAMPLE, INFORMATION ON THIS SITE MAY NOT BE CURRENT, OR COMPLETE WHEN YOU VISIT THE SITE AND IT MAY CONTAIN ERRORS AND INACCURACIES. ADDITIONALLY, WE DO NOT MAKE ANY COMMITMENTS OF THE SITE’S FUNCTIONALITY, AVAILABILITY, RELIABILITY OR ALBITY TO MEET YOUR NEEDS. KINTSUGI PROVIDES THE SITE AND SITE CONTENT “AS IS” AND FOR YOUR USE AT YOUR OWN RISK. SOME JURISDICTIONS PROVIDE CERTAIN WARRANTIES, SUCH AS NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT WE ARE PERMITTED BY LAW, KINTSUGI DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING ALL THE WARRANTIES LISTED ABOVE, AND ANY WARRANTIES OF TITLE, ACCURACY, AND QUIET ENJOYMENT. THE DEMO FEATURES AND TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND ARE WITHOUT ANY WARRANTY OF ANY KIND.

12. Indemnification

You agree to indemnify and hold Kintsugi, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Kintsugi Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your Content or (b) your violation of any applicable laws, rules or regulations. Kintsugi reserves the right, at its own cost, to assume the exclusive defense and control of any matter requiring indemnification by you, in which event you will fully cooperate with Kintsugi in asserting any available defenses. You agree that the provisions in this section will survive your access or use of the Site.

13. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT EXCEPT WHERE PROHIBITED IN NO EVENT WILL THE KINTSUGI PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT A KINTSUGI PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. THE KINTSUGI PARTIES’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS, THE SERVICES, OR THE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED FIFTY DOLLARS (US$50).

14. International Site Visitors

The Services can be accessed from countries around the world and may contain references to products and services that are not available in your country. These references do not imply that Kintsugi intends to provide any product or service offerings in your country. We control and operate the Services, the Content and our offerings from our facilities in the United States of America. Kintsugi makes no representations that the Services, the Content and any of our offerings are or will be appropriate or available for use in foreign countries. Those who access or use Services or the Content from other jurisdictions do so at their own volition and are responsible for compliance with all applicable laws.

15. Amendment(s)

We may change these Terms from time to time for any reason. If we make any changes, we will change the Last Updated date (found above) and post the new Terms of Use.

16. Additional terms

We currently have various service offerings. If you subscribe to any such offerings, we will provide such services under a separate digitally or manually executed agreement. Such agreement will supersede these Terms. These Terms may also be superseded by expressly designated legal notices or terms located on particular pages of the Services.

17. Governing Law; Venue

These Terms and any related action will be governed and interpreted by and under the laws of the State of California, without regard conflicts of laws, principles or rules. Venue for any dispute arising out of these Terms will be the state courts located in San Francisco County, California or the federal courts of the United States in the Northern District of California, and each party (you and Kintsugi) consents to personal jurisdiction to such court(s) and also waive any right it may otherwise have to challenge the appropriateness of such forums.

18. General Provisions

Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any particular provision of these Terms is held invalid or unenforceable, that part will be modified to reflect the original intention of the parties, and the other parts will remain in full force and effect.

19. Miscellaneous

These Terms constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign these Terms.

20. Contact Information

If you have any questions about these Terms, please contact us:

  • By email: support@kintsugimindfulwellness.com