LEGAL

Terms of Use

Last updated: June 2026

By accessing and using Kinkané.app and any other site, application, API, or content offered, owned or operated by Kinkane App, Inc. (“Kinkané”, “we”, “us”, or “our”), including Kinkané Bookstore (together, the “Service”), you accept and agree to be bound by the following terms and conditions (“Terms”). If you do not agree with these Terms, you may not use the Service. Please also read our Privacy Notice for information on how we collect and use personal information. By using or otherwise accessing the Service, you acknowledge the applicability of the Privacy Notice. All references to “you” or “your”, as applicable, mean the person who accesses, uses, and/or participates in the Service, and each of your heirs, assigns, and successors.

IMPORTANT NOTE FOR USERS IN THE UNITED STATES: PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO THE SECTION TITLED “SETTLING DISPUTES BETWEEN YOU AND KINKANÉ”, WHICH REQUIRES THAT CERTAIN DISPUTES BE SETTLED THROUGH MANDATORY BINDING ARBITRATION AND PRECLUDE YOU FROM LEADING OR PARTICIPATING IN A CLASS ACTION, AS WELL AS THE SECTIONS TITLED “CLASS ACTION WAIVER” AND “ARBITRATION AGREEMENT”, WHICH CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER FOR NON-ARBITRABLE DISPUTES.

2. Licence Use

Your access to the Services and all content contained therein is licenced to you, not sold. You may only use the Service in accordance with these Terms. All rights not expressly granted to you in these Terms are reserved by us, except that this does not affect your statutory rights.

3. Responsibility

You will be responsible for all activity that occurs as a result of your use of the Service. We disclaim any and all liability (including for negligence) for the content, opinions, statements or other information posted to, or use of, the Service by its users (“Posted Content”), to the extent permissible by local law.

4. Eligibility and provision of information

In order to use the Service, you must be at least 13 years of age. You may be required to register for an account to use certain features of the Service. When you register to use the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the Service (“Registration Information”), and to maintain and promptly update your Registration Information in order to ensure that it remains true, accurate, current and complete.

5. Community policy

You must be courteous and respectful of others’ opinions, and you must not post unwelcome, aggressive, suggestive or otherwise inappropriate remarks directed at another member of the Service. The terms of our full community policy are incorporated herein by reference.

6. Prohibited conduct

  1. You must not use the Service to promote, engage in or incite hate, violence, discrimination or intolerance, including based on race, age, gender, gender identity, ethnicity, religion, disability, sexual orientation or other protected attribute. We reserve the right to remove Posted Content that has the potential to harm communities we consider worthy of protection. We reserve the right to consider off-platform behavior as part of our moderating process.
  2. You must not use the Service (or encourage others to use the Service) to create multiple accounts, misrepresent your identity, deceive or mislead other users, disrupt discussions, circumvent account blocks, game the Service’s mechanics, alter consensus, participate in orchestrated attacks against books or authors, post spam or otherwise violate our community policy.
  3. You must not recreate or reproduce platform features that are exclusively included with our paid accounts, either through our API or another means.
  4. You must not follow an excessively high number of accounts (or like an excessive number of reviews or lists) in order to generate reciprocal follows or likes and thereby manipulate your account’s popularity.
  5. You must not remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, author rights or any digital rights management mechanism, security feature, device, or other content protection or access control measure.
  6. You must not submit Posted Content or otherwise provide us with data containing any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
  7. You must not export any content from the Service (except your own Posted Content) unless expressly permitted by us. You must not make the Service available via frames or in-line links. Furthermore, you are strictly prohibited from creating, recreating, distributing, or advertising an index of any significant portion of the Service content without express written authorisation from Kinkané.
  8. You must not access or use the Service to build or operate a competing business.
  9. You must not reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of any software or technology incorporated into the Service, except as permitted by applicable laws.
  10. Except as explicitly authorised in these Terms, you must not employ any robot, spider, scraper, deep-link, or other automated data gathering or extraction tool, program, or algorithm to access, acquire, copy, or monitor any portion of the Service.
  11. You must not attempt to directly or indirectly undertake any prohibitions in these Terms.

7. No malicious use

You agree to access the Service through the interface we provide. You must not use the Service for any malicious means, interfere with the Service or its security, or abuse, harass, threaten, intimidate or impersonate any other user of the Service or any Kinkané employee. You must not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures we may use to prevent or restrict access to the Service. You must not request or attempt to solicit personal or identifying information from another member of the Service. You must not collect information about users for the purpose of sending, facilitating, or encouraging unsolicited bulk or other communications. You must not mislead the Service’s support or moderation representatives, such as by making false or malicious reports about other members or their content, or by sending (or encouraging others to send) multiple reports regarding the same content or issue. Such behaviors may result in action being taken on your account.

8. No illegal use

You must not use the Service for any unlawful purpose, or post any information that is in breach of any confidentiality obligation, copyright, trade mark or other intellectual property or any other law. You must not use the Service to defame any person or interfere with their privacy. We do not allow Posted Content or other activity that sexually exploits or endangers children. When we become aware of apparent child exploitation, we report it, in compliance with applicable laws. If you encounter any such material on our platform, please report it to our moderation team immediately using the relevant Report option. We have the right to investigate and prosecute violations of any prohibited conduct. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

9. Removal of posted content

We may or may not, in our sole discretion, pre-screen Posted Content before they are uploaded into the Service but have no obligation to do so. We reserve the right to remove any Posted Content that we consider (in our absolute discretion) to be offensive, objectionable, unlawful, explicit, graphic or otherwise in breach of these Terms, including content that expressly (or implicitly, through coded language, symbol, keywords or tags) praises, supports, promotes or represents white-nationalist, misogynistic or neighboring ideologies of either of these. We reserve the right, but do not have the obligation, to remove any Posted Content that violates these Terms, such as Posted Content that disseminates misinformation and its related manipulations, including viral sloganeering. You understand that when using the Service, you may be exposed to Posted Content from a variety of sources, including Posted Content that you may consider offensive or objectionable. We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Posted Content, and such Posted Content is not the responsibility of Kinkané, except as required by local law. Any Posted Content is solely the responsibility of the person or entity submitting such Posted Content, and we expressly disclaim any and all liability in connection with such Posted Content, to the extent permissible by local law.

10. Subscription fees

  1. Fees and Billing. Certain services offered on the Service may require a paid subscription to access. You are responsible for paying any applicable fees listed for the plan you choose. You will provide complete and accurate billing information, including a valid payment method (such as credit or debit card). By enrolling in a subscription, you authorise us to charge your payment method on a recurring basis for the applicable charge and any and all taxes or possible transaction fees, and any other charges incurred in connection with your subscription.
  2. Renewal. Your subscription will automatically renew for an additional month or year, as applicable and depending on the plan you choose, and your payment method will be automatically charged the applicable charge on each monthly or annual renewal date until you cancel.
  3. Cancellation. You can cancel your paid subscription at any time in your account settings (for web subscriptions) or in your Apple Account settings (for iOS subscriptions) or in your Google Play Store settings (for Android subscriptions). If you cancel your subscription within 30 days of enrolling, you can request a refund of the subscription fee by contacting us. Refund requests are granted in our sole discretion and are only available for subscriptions purchased through our website or the Google Play Store (iOS subscribers must contact Apple, Inc. if they wish to seek a refund). After 30 days, payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights.
  4. Changes. The price or term for your subscription may change from time to time. If the price and term for your subscription changes, we will communicate any price or term changes to you in advance and, if applicable, how to accept those changes. Price or term changes will apply to the next subscription term following the date of the price or term change. If you do not agree with the price or term change, you have the right to reject the change by cancelling your subscription prior to the price or term change going into effect. Please make sure you read any such notification of price or term changes carefully.

11. Intellectual property

You agree that we (or our licensors) own all of the intellectual property rights in the Service, including without limitation the software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music available in the Service. We do not give you any right or licence to use any of our intellectual property rights (including our copyright or the right to use any of our trademarks, brands or logos), except as expressly set out in these Terms. You agree that you shall not copy, reproduce, modify, transfer, or otherwise exploit any portion of the Service, nor shall you utilise the Service for any unauthorised public performance or commercial exhibition. Your acceptance of this access grant does not constitute a sale, assignment, or transfer of any intellectual property rights in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by Service and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Service and such others.

You are solely responsible for your Posted Content, and you affirm that you have all rights necessary to provide us with Posted Content and for us to use, disclose, or otherwise process your Posted Content in accordance with our Privacy Notice. You grant us a non-exclusive, royalty-free, irrevocable, worldwide, perpetual, fully transferable and sub-licensable licence to use, reproduce, distribute and display (including for commercial purposes) and otherwise fully and freely exploit (including on the Service and in other media) any Posted Content or material that you post on the Service, and including any name(s) and/or avatar under which you post such content, to the extent permissible by local law. This licence also includes all rights and permissions that are necessary to (1) publish (in whole or in part) Posted Content on social media in connection with promoting a book, the Service or an element of our community (provided that we will not use your Posted Content in any way that is misleading); and (2) otherwise operate the Service, for example to index Posted Content, sort and generate metadata from it, serve it to other users (in a manner consistent with your privacy and other account settings) and use it for analysis, research, moderation, content targeting and service improvement purposes.

Subject to these licences, you remain the owner of all intellectual property rights in relation to your Posted Content. Any Posted Content should be original (not plagiarised from another person’s writing) and must not infringe anyone else’s intellectual property rights, or their other legal rights. Where you are referencing someone else’s intellectual property, you must (i) be careful to do so in full compliance with the law; and (ii) make this clear by naming the quoted material’s author and through the use of identifiers such as quotation marks, links to source material, or other means.

12. Account security

You must do everything within your control to keep your account confidential and secure. This includes choosing your password carefully and not sharing your password with anyone else, as well as notifying us promptly if you suspect any unauthorised activity on your account. Where permissible by local law, we will not be liable, and you may be liable for losses, damages, liability, expenses, and attorney’s fees incurred by us or a third party arising from someone else using your account due to your conduct regardless of whether you have notified us of such unauthorised use. Unless we have breached our legal obligations to you, you agree that we are not responsible for any losses arising out of the unauthorised use of your account (and any liability we do have is subject to clause 14 below).

13. Indemnity

Where permissible by local law, you release and indemnify, defend, and hold harmless Kinkané and its parents, subsidiaries, affiliates, and agents, as well as the officers, directors, employees, shareholders, and representatives of any of the foregoing entities (the “Indemnified Parties”), against all forms of liability, actions, proceedings, demands, costs, charges and expenses which the Indemnified Parties may howsoever incur or be subject to or suffer as a result of the use by you of the Service. Kinkané reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Kinkané in the defence of such matter. In the event that you have a dispute with one or more other users, you release Kinkané, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Services.

If you are a California resident, you waive California Civil Code Section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence. Clause 13 does not apply to users located in the UK or EU.

14. Liability

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL KINKANÉ OR ITS AFFILIATES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR INABILITY TO USE THE CONTENT OR THE SERVICE, HOWEVER CAUSED. NOR SHALL KINKANÉ BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SOLE AND AGGREGATE MAXIMUM LIABILITY OF KINKANÉ AND ITS AFFILIATES FOR ANY REASON AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO THE CLAIM, PROVIDED THAT IF A PROVISION IN THE TERMS ENTITLES YOU TO A REFUND, NOTHING IN THESE TERMS SHALL BE CONSTRUED TO VOID YOUR ENTITLEMENT TO THE FULL AMOUNT OF THAT REFUND. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IF YOU HAVE NOT PAID KINKANÉ ANYTHING FOR THE SERVICE DURING THAT TWELVE-MONTH PERIOD, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICE. THE LIABILITY LIMITATIONS IN THIS SECTION APPLY UNDER ANY LEGAL THEORY (TORT, CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, OR OTHERWISE) EVEN IF KINKANÉ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS APPLY, AND LIABILITY IS LIMITED, ONLY TO THE EXTENT PERMITTED BY LAW.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM RELATING IN ANY WAY TO THE SERVICE OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE EVENTS FIRST GIVING RISE TO THE CLAIM. IF NOT COMMENCED WITHIN THIS ONE (1) YEAR PERIOD, YOU AND WE ARE EACH PERMANENTLY BARRED FROM PURSUING THAT CLAIM.

15. Amendments

We reserve the right to amend these Terms at any time, including by changing the amount of any Fees payable for any of our services, and may also add new features that will be subject to these Terms. If these changes are material we will communicate the changes to users, and except for Section 24 providing for binding arbitration and waiver of class action rights, by continuing to use the Service, you will be taken to have agreed to the changes. Where required by local law, we will provide you with reasonable notice in advance of such changes.

16. Modifications to the Service

We may modify, suspend, or discontinue the Service at any time with or without notice.

For users located in the UK and EU:

Modifications: If we make changes that materially impact the usability and/or functionality of the Service to your detriment, we will notify you in advance. You may then contact Customer Support to end the contract before the change takes effect and receive a refund for any Service you have paid for in advance but have not received. We may notify you through the Kinkané Service or via email.

Suspensions: We may suspend the Service. We do this to: deal with technical problems or make minor technical changes, update the Service to reflect changes in law and regulatory requirements or make changes to the Services. We will contact you in advance, unless the problem is urgent or an emergency. If we suspend the Service for longer than 14 days in any 30-day period and you pay a subscription for the suspended Service during that period, we will adjust the price, so you do not pay for it while it’s suspended. If we suspend the Service or tell you we are going to suspend the Service, for more than 30 consecutive days you can contact Customer Support to end the contract, and we will refund any subscription fees you have paid in advance for Services you will not receive. If we discontinue the Service, we will let you know at least 30 days in advance and refund any subscription fees you have paid in advance for Services which will no longer be provided.

17. Reporting a problem with the Service

If you think there is something wrong with your Service, you must contact Customer Support. We will honor our legal duties relating to the quality of our services, which vary depending on your country of residence and the nature of the Services you receive.

18. Use of our logo

Kinkané and the Kinkané logo are trademarks of Kinkané. Subject to these Terms, we grant you a revocable, non-exclusive, limited licence to use the Kinkané logo when linking to the Service. Please download our logo file from the Kinkané Brand page. We can revoke this licence at any time by written notice to you in our discretion. Each link on the Kinkané Brand page contains a version of our logo in one of several common formats. You must comply with any instructions that we may give you from time to time about your use of our logo. You must not alter our logo in any way; use our logo in a way that suggests any type of association or partnership with us; use our logo in a way that is harmful, deceptive, obscene or otherwise objectionable to the average person; or use our logo to, or in connection with, content that disparages us or damages our reputation.

19. Third-party applications

We may provide a platform for or link to third parties’ applications, websites and services to make products and services available to you (“Third-Party Applications”) and your use of any Third-Party Applications will be subject to their terms of use. We do not control, endorse, or guarantee the content, products, services, or privacy practices of any Third-Party Applications. Where permissible by local law, you agree that we will not be liable for the behaviour, features or content of any Third-Party Applications. We encourage you to review the terms of use and privacy notices of any Third-Party Applications you visit.

20. Termination or suspension of accounts

To the extent permissible by local law, Kinkané reserves the right to suspend, limit, or terminate your account and your access to the Service for any reason or no reason whatsoever, with or without notice, including if we determine, in our sole discretion, that you have breached any material term of these Terms or as required for urgent security, technical, or legal reason. Where practicable, we will provide you with notice and the reasons for our decision, unless immediate action is required to comply with law or protect the integrity of the Service. You will also have the opportunity to appeal or contact Customer Support for clarification.

21. Technical support and malfunctions

We will try to promptly address (during normal business hours) all technical issues that arise on the Service. However, we will not be liable for any loss suffered as a result of any partial or total breakdown of the Service or any technical malfunctions.

22. Feedback

By sending us any feedback, comments, questions, or suggestions concerning the Service or Kinkané (collectively, “Feedback”) you affirm (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide licence to use, modify, prepare derivative works, publish, distribute, and sublicence the Feedback, and (iv) irrevocably waive, and cause to be waived, against Kinkané and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account, these Terms, the Service, or your access or use of the Service.

23. Notice and procedure for making claims of copyright infringement

Kinkané respects the intellectual property rights of others and expects its users to do the same. If you believe that any content appearing in the Service has been copied in a way that constitutes copyright infringement, please forward the required information (described below) to the Copyright Agent named below.

Please be aware that for any claims in the US to be effective, your copyright infringement notification must comply with the Digital Millennium Copyright Act (“DMCA”). You are encouraged to review 17 USC § 512(c)(3) of the DMCA or consult with an attorney prior to sending a notice hereunder.

To file a copyright infringement notice, you will need to send a written communication that includes: your name, address, telephone number, and email address; a description of the copyrighted work that you claim has been infringed; the exact URL or a description of where the alleged infringing material is located; a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and a statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

ATTN: Copyright Compliance
EMAIL: legal@kinkane.app

Please note that the DMCA provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.

24. Settling disputes between you and Kinkané

As detailed in this section, where permissible by local law, all disputes arising out of, relating to, or in connection with these Terms or your use of the Service (“Disputes”) must be resolved first through an informal dispute resolution process. In the event that process fails, all Disputes (except those identified below) will be resolved through binding arbitration. This section does not apply to users located in the UK or EU — for those users, disputes are resolved in accordance with Section 29.2 below.

Informal dispute resolution. Unless otherwise noted, you and Kinkané agree that if any Dispute arises between us, both parties will first try to resolve it informally before initiating any formal dispute resolution proceeding. To initiate informal dispute resolution, the initiating party must first send a written description of the Dispute to the other party (a “Notice of Dispute”). For any Dispute against Kinkané that you initiate, you agree to send to Kinkané at legal@kinkane.app a written description of the Dispute and the email address(es) associated with your relationship with Kinkané, along with your name, a description of the nature of the Dispute with sufficient detail for Kinkané to assess its merits, and the specific relief sought. Following receipt of the Notice of Dispute, both parties agree to negotiate in good faith through an individualised informal telephonic conference. If the Dispute is not fully resolved within sixty (60) days after the non-initiating party receives the Notice of Dispute, the parties agree to resolve any remaining aspects of the Dispute through the arbitration procedures below. Good faith participation in this informal process is a prerequisite to either party initiating arbitration, and any applicable statute of limitations will be stayed during this process.

Arbitration agreement. If informal dispute resolution fails, either party may initiate binding arbitration with National Arbitration and Mediation (“NAM”). After filing a demand with NAM, you must also email a copy to legal@kinkane.app. You and Kinkané agree that all Disputes shall be resolved exclusively through binding arbitration in accordance with this section (the “Arbitration Agreement”), governed by the Federal Arbitration Act. The arbitrator, and not any court, has exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and the Arbitration Agreement, except as set out in the exceptions below. Both parties acknowledge that, absent this provision, they would have the right to sue in court and have a jury trial, and each waives that right to the maximum extent permitted by law.

Arbitration location. If you are a US resident and initiate arbitration, it will take place in the county where you reside (or the closest NAM location in your state). Where Kinkané initiates arbitration, or for residents outside the United States (including Canada), arbitration shall be initiated in the State of Delaware, USA, unless otherwise agreed or the arbitrator determines another venue is appropriate.

Class action waiver. To the maximum extent allowed by law, any arbitration shall be conducted in an individual capacity only and not as a class or other representative action, and the arbitrator may award relief only in favor of the individual party seeking relief. If this class action waiver (or the batch arbitration provision described in NAM’s rules) is found invalid, unenforceable or illegal, then the entirety of the Arbitration Agreement shall be null and void.

Exceptions to arbitration. Either party may bring an action in state or federal court to protect its intellectual property rights, or elect to have disputes resolved in a small claims court within that court’s jurisdiction, or seek a declaratory judgment regarding whether a claim is time-barred or belongs in small claims court.

Arbitration rules. Arbitration will be administered by NAM before a sole arbitrator in accordance with NAM’s rules and procedures (available at www.namadr.com), excluding any rules permitting class or representative actions. If the amount in controversy is US$10,000 or less and you do not seek injunctive or declaratory relief, arbitration will be conducted solely on the papers submitted, unless the parties agree otherwise; larger claims or claims for equitable relief may proceed to a videoconference or telephone hearing at either party’s request. Proceedings and records are confidential except as necessary to obtain court confirmation of the award. Special procedures apply for “Mass Filings” of 100 or more similar arbitration demands, which are administered in batches with a mediation period, as set out in NAM’s rules.

Arbitration award. If you can demonstrate that the costs of arbitration will be prohibitive compared to litigation, Kinkané will pay any filing and hearing fees in excess of US$250 that the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, unless your claims are found frivolous or in bad faith. You are responsible for your own attorneys’ fees unless the arbitration rules or applicable law provide otherwise.

30-day right to opt out. You can opt out of the Arbitration Agreement and Class Action Waiver by notifying Kinkané in writing no later than thirty (30) days after your acceptance of these Terms (or any update to them) or your first use of the Service, whichever is later. Your notice must include your name and address, the email address associated with your Kinkané account (if any), and an unequivocal statement that you want to opt out, sent to legal@kinkane.app. If you do not opt out within this window, you will be bound by the Arbitration Agreement and Class Action Waiver.

We will provide thirty (30) days’ notice of any material changes to this dispute resolution section, and material amendments become effective on the 30th day following notice, applying to all claims not yet filed unless you follow the opt-out procedure in the amended terms.

25. Disclaimer

Your use of the Service is at your own risk. Kinkané does not guarantee, represent or warrant the uninterrupted or error-free use of the Service and shall not be liable for any loss arising from such events including but not limited to loss, corruption, attack, viruses, interference, hacking, or other security intrusion or any other factors beyond Kinkané’s and/or its licensors’ and/or its service providers’ reasonable control, including but not limited to the nature of your device or internet connection. WHERE PERMISSIBLE BY LOCAL LAW, KINKANÉ EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. To the extent permitted by law, the Service and all content on the Service is provided by Kinkané without warranties or guarantees of any kind, other than the statutory protection afforded to you by applicable legislation.

26. Term and termination

The agreement between you and Kinkané reflected by these Terms is effective when you access the Service and remains in effect until either you or we terminate the agreement in accordance with these Terms. You may terminate your account in the Settings section of our website or mobile apps. If we terminate your rights to use the Service, you may no longer access the Service. Sections 2–3, 9–11, 13–16, 19–22, 24–26, and 28–29 of these Terms, and any other provisions necessary to effectuate those sections, shall survive termination.

27. Export controls

You represent, warrant, and covenant that you will not sign-up for or otherwise access or use the Service if you are the subject of US sanctions and that you will comply with all applicable US export and re-export restrictions, and applicable non-US export and re-export restrictions consistent with US law, that may apply to goods, software, technology and services. You certify that you are not a person with whom Kinkané is prohibited from transacting business under applicable law.

28. Miscellaneous

These Terms are the entire agreement between you and Kinkané.

  1. If any part of these Terms is held invalid or unenforceable the remaining parts of these Terms shall remain in full force and effect.
  2. Our failure to enforce any right or provisions under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, will not mean that you do not have to do those things and it will not constitute a waiver of such provision or any other provision or prevent us taking steps against you at a later date.
  3. We will not be responsible for failure to fulfil any obligation due to causes beyond our control.
  4. We may freely assign our rights and obligations under these Terms without restriction. For users located in the UK or EU, we will always tell you in writing if this happens and we will ensure that the assignment will not affect your rights under the contract. If you are unhappy with the assignment, you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for paid platform not provided.
  5. You may only assign these Terms with our express written consent. There are no third-party beneficiaries to these Terms.
  6. By using the Service, you consent to receive all required legal notices and communications electronically (e.g., via email to your registered account address, or by posting on the Service). You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

29. Governing law and jurisdiction

Users in the US: These Terms shall be governed by and construed in accordance with the substantive laws of the State of Delaware, USA, without regard to its conflict of law principles. Except for disputes subject to mandatory arbitration, the exclusive jurisdiction and venue for any legal action shall be the state and federal courts located in the state of Delaware.

Users outside of the US: These Terms shall be governed by English law, and you may bring claims against us in the courts of the country where you reside under its applicable laws. We may also bring claims against you in the courts of the country where you reside. Nothing in this clause affects your statutory rights under applicable consumer protection laws.

30. Contact us

For questions about these Terms, please email us at legal@kinkane.app.