Kynein Terms
Last updated: December 28, 2023
Welcome!
These Kynein Terms (“
Terms of Service” or “
Terms”) are a legal agreement between us ( “
us”, “
our”, “
we”, or “
Kynein”) and you, the individual who uses one or more of the products and services we offer for your personal use under these Terms (referred to as “
you” or “
your”). The following Terms are a legally binding agreement between you and us, and it describes the terms and conditions applicable to your use of our Consumer Services. By using our Consumer Services, you agree to be bound by these Terms, and any new features or tools that are added will also be subject to these Terms. The Kynein entity with which you are entering into these Terms depends on your location and can be found
here.
These General Terms apply to all of our Consumer Services that reference these Terms. Businesses that are using our products and services for business purposes (“
Business Users”) are subject to the
Kynein Services Agreement.
1. Terms That Apply to You
The following additional policies and terms also apply when you access or use the Consumer Services, all of which are incorporated by reference into these Terms:
Arbitration Agreement. IF YOU ARE LOCATED IN THE UNITED STATES, YOU AGREE TO OUR ARBITRATION AGREEMENT, WHICH REQUIRES YOU TO RESOLVE DISPUTES BETWEEN YOU AND KYNEIN ON AN INDIVIDUAL BASIS THROUGH ARBITRATION, PROHIBITS YOU FROM MAINTAINING OR PARTICIPATING IN A CLASS ACTION LAWSUIT, WAIVES YOUR RIGHT TO A JURY TRIAL, AND LIMITS THE TIME IN WHICH A CLAIM MAY BE BROUGHT.
E-Sign Disclosure. You agree to the
E-Sign Disclosure. It provides that we will communicate with you electronically. Your electronic agreement has the same effect as if you sign in ink, and you agree to receive notices through our Consumer Services.
Privacy Policy. You acknowledge the
Privacy Policy. Kynein and the Business User are independent controllers of personal data collected in conjunction with the Consumer Services and will independently and separately determine the purposes and means of its processing of personal data. We may transfer your personal data to countries other than your own country, including the United States. Please read the Privacy Policy carefully to understand how your information is collected, used, and shared in connection with these Consumer Services.
Product-Specific Terms. A Consumer Service may have specific terms that apply when you use that particular Consumer Service. These product-specific Terms are listed in the left-hand menu.
We may revise these Terms from time to time. We will use reasonable efforts to notify you of material changes to these Terms in advance of their effectiveness, including by posting notice on the applicable Consumer Services or providing notice via an email address associated with you. The revised Terms will be effective on the date stated in the revised Terms. By using a Consumer Service after any revisions become effective, you agree to those changes. If you do not agree with any changes to these Terms, you must stop using the Consumer Services.
2. Eligibility
You may only enter into these Terms if you are over the age of majority and able to enter into a legally binding contract in the country in which you reside.
You must not use the Consumer Services if you have previously been terminated or suspended from using any of our services, including any Consumer Service. You may not enter into the Terms or use any Consumer Service if you are the target of government sanctions, such as those applied by the U.S. Department of the Treasury Office of Foreign Assets Control, or any other national government.
You must be eligible for the particular Consumer Services to the extent they are available in your country. If we present an incorrect country for you or you move countries, then you must correct the country in your account or
contact support before using the Consumer Services again.
3. Kynein's Role
Any contract of sale made using the Consumer Services is directly between you and the Business User. You, and not Kynein, are responsible for the purchases you make using the Consumer Services. The Business User, and not Kynein, is responsible for the goods or services that you may purchase from them using the Consumer Services, including but not limited to delivery, quality of goods, refunds, fraud, advertising, liability relating to the Business User's products or services, or non-compliance with applicable law.
Your access to and use of the Consumer Services does not change your relationship with the Business User, third party services or platforms or with your bank or credit or debit card company.
Except as provided otherwise in these Terms, Kynein will not intervene in any dispute between you and a Business User for any transactions using the Consumer Services. If you find yourself in a dispute with a Business User or a third party, we encourage you to contact the other party and try to resolve the dispute. You can submit a complaint regarding a Business User to Kynein, and Kynein may forward your complaint to the Business User with a request that they contact you directly. Except as provided otherwise in these Terms, Kynein will not make judgments regarding factual disputes or legal issues or claims between you and the Business User, and Kynein has no obligation to resolve any disputes. You release Kynein from any claims, demands, and damages arising out of disputes relating to your use of the Consumer Services, including those with other users or parties.
We make no warranties with respect to the products, services or information provided by Business Users, and we are not responsible or liable for: (a) product liability claims in respect of Business User products; (b) claims that the offer or sale of Business User products or services fails to conform to any applicable legal or regulatory requirement; (c) claims respecting Business Users’ products, services, or practices arising under consumer protection or similar legislation; (d) any inaccurate, incomplete or out of date information offered by a Business User; or (e) the acts or omissions of any third party platform where you may interact with or purchase from.
4. Identification and Prevention of Fraud
You agree that:
Information you provide about yourself and your use of the Consumer Services must be complete and accurate as of the time provided, and you must keep this information up-to-date;
To the extent law allows, we and our service providers may verify your identity.
You must notify us immediately if you become aware of any unauthorized use or access to your account. You are responsible for any actions taken through the use of your credentials, except for actions taken after you have told us that your account or credentials have been compromised.
5. Communications via Text, Push Notification, Email, and Phone
To the extent allowable under law, by providing us with a phone number, you consent to receiving text (SMS) messages, push notifications, and phone calls from us. Such communications may include, but are not limited to, requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, requests for product feedback, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using any Consumer Service. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates your cell phone carrier applies may apply to the text messages we send you.
You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails or by managing your communications preferences in the app. You may opt-out of text messages from Kynein by replying STOP or by following instructions that you receive in the text message. You may opt-out of phone calls by notifying the caller or by
contacting support. You acknowledge that opting out of receiving communications may impact your use of Consumer Services.
6. Our Intellectual Property Rights
We reserve all rights not expressly granted to you in these Terms. The Consumer Services are protected by trademark, copyright, patent and other laws of the United States and other countries. We own all rights, title, interest in and to the Consumer Services and all copies of the Consumer Services, and all Intellectual Property Rights in them. Your use of the Consumer Services is subject to these Terms, and these Terms do not grant you any rights to our Intellectual Property Rights or the Intellectual Property Rights of our licensors, licensees, or partners.
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.
7. Feedback
You may choose to submit feedback, ideas and suggestions about the Consumer Services, but it is never required. You may provide us with feedback on the Consumer Services by
contacting support. You agree that we may use and share all feedback, ideas, and suggestions you submit for any purpose and without compensation or obligation to you.
8. Termination
Termination by Us: We may terminate these Terms, and we may limit, suspend, change, or remove your access to any or all Consumer Services, including any feature or aspect of the Consumer Services, at any time for any reason. If commercially reasonable, we will take reasonable steps to notify you before taking any action that restricts your access to the Consumer Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate these Terms of Service at any time without notice to you and accordingly we may terminate your access to the Consumer Services.
Termination by You: Subject to any product-specific Terms below, you may terminate any Consumer Service at any time and for any reason by terminating the Consumer Service or closing or
deleting your account as described below in the Link Account Terms. Termination will be effective on the date that your account is closed.
Effect of Termination. Upon termination, you will not have any further use of or access to the Consumer Services. Subject to applicable law, you will also not have any use of or access to any information you submitted through the Consumer Services, and all rights granted under these Terms will end. Termination does not relieve you of your obligations to pay amounts owed to Kynein, Business Users, or others. Termination does not revoke any third-party payment authorizations. The following provisions will survive even after these Terms terminate: Arbitration Agreement, Our Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Governing Law, Assignment and Third Party Beneficiaries, and Miscellaneous Terms.
9. Disclaimer of Warranties
The Consumer Services are provided “as-is” and without any representation or warranty, whether express or implied. We, our affiliates, and our respective agents, contractors, and Business Users (together, the “Disclaiming Entities”) make no representation or warranty of any kind whatsoever (other than those implied by statute) with respect to the Consumer Services or the content, materials, information and functions we make accessible, and specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not promise that the Consumer Services will be uninterrupted, error-free, or secure.
The Disclaiming Entities do not control or make any warranties regarding the products or services others provide in connection with the Consumer Services. In other words, we do not have control over the businesses from which you’re purchasing when using the Consumer Services, and we do not promise or imply that the products or services you buy using the Consumer Services will work as promised or be safe to use.
Some laws limit or prohibit disclaiming the warranties referred to in the previous paragraphs, or impose obligations on us that we can’t eliminate with these Terms. In those cases, this section (Disclaimer of Warranties) does not restrict, exclude or modify any consumer rights under any applicable law.
10. Limitation of Liability
The Disclaiming Entities will not be liable to you for any failure to perform our obligation under these Terms due to a Force Majeure Event. A “Force Majeure Event” is any event beyond the control of Kynein or its affiliates, including a strike or other labor dispute; labor shortage, stoppage or slowdown; supply chain disruption; embargo or blockade; telecommunication breakdown; power outage or shortage; inadequate transportation service; inability or delay in obtaining adequate supplies; weather; earthquake; fire; flood; act of God; riot; civil disorder; civil or government calamity; epidemic; pandemic; state or national health crisis; war; invasion; hostility (whether war is declared or not); terrorism threat or act; Law; or act of a Governmental Authority.
The Disclaiming Entities will not be liable to you for any failure to perform our obligations under these Terms where performance of that obligation would have put us in violation of applicable law.
The Disclaiming Entities will not be liable to you in any circumstances for:
Loss of business, loss of goodwill, loss of opportunity, or loss of profit; or
Any loss that we could not have reasonably anticipated.
Subject to the specific product Terms below and applicable consumer laws in your country, in no event will a Disclaiming Entity’s liability arising out of or in connection with these Terms exceed $200 USD.
You and we agree that the other has relied on the disclaimer of warranties and limitation of liability stated above in entering into these Terms, the limitation and disclaimer are essential to the agreement between you and us under these Terms, and they will apply to the fullest extent allowed by law.
Some laws restrict our ability to disclaim or limit our liability. In those cases, this section does not restrict, exclude or modify any consumer rights under any applicable law.
11. Governing Law
If you reside in the United States, California law will govern any claim or dispute between you and us that arises out of these Terms, regardless of conflict of law principles.
12. Assignment and Third-Party Beneficiaries
You must not assign your rights or obligations under these Terms to anyone without our prior written consent. We may delegate performing our obligations, and we may assign our rights and obligations under these Terms to Kynein affiliates, at any time for any reason by providing notice to you.
13. Miscellaneous Terms
These Terms, together with the Arbitration Agreement (if applicable), E-Sign Agreement, Privacy Policy, the Acceptable Use Policy, and the product-specific Terms below are the only agreement between you and us regarding the Consumer Services. In the event of an irreconcilable conflict or inconsistency between a provision in these Terms and any product-specific Terms below, the provision in the product-specific Terms will govern. These Terms do not create any partnership, joint venture, or other agency relationship between you and us. If we do not immediately exercise a right we have under these Terms, we do not waive that right. We retain our ability and right to enforce any part of these Terms at a later time. If any part of these Terms is found unenforceable, that part will be ignored, and all of the remaining terms will remain in effect.
