Please review these terms (the Agreement) carefully. By accessing or using the Services offered by Kynami. (“Kynami”, “we” or “us”), you are confirming that you have read, understood and accepted this Agreement. This Agreement can be updated from time to time as set out in Section 26 below.
By using our Services, you confirm that:
- You accept and will comply with this Agreement;
- You are responsible for anyone that uses our Services through your account.
- We use capitalization for terms that have a special meaning in this Agreement. While some terms are defined elsewhere, this section sets out the definitions of some key terms.
“Content” is a generic term that means all information and data (such as text, images, photos, videos, audio and documents) in any format that is uploaded to, downloaded from or appears on our Services.
“Customer Content” is Content that you or your Authorized Users provide to us, or upload to our Services.
“Mentions” are the Content that a third party (in other words, someone other than you, your Authorized Users or Kynami) creates and that we obtain on your behalf and at your instruction from Social Networks or other Third-Party Services that you connect to our Services. For example, posts created by your followers that appear on your Facebook page would be considered Mentions.
“Services” means our websites and mobile applications.
“Third-Party Services” are services that are not provided by Kynami but that you may access or use in connection with our Services.
“you”, “your”, “Customer”, and similar terms mean the person or legal entity accessing or using the Services. For the avoidance of doubt, if you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you, your or Customer means the company or other legal entity that you are using the Services on behalf of.
- Our Services evolve constantly. We may change our Services, such as by changing, adding or removing features at any time, for any reason. We may or may not provide notice of those changes to you. We will not be liable to you or any third party for the modification, price change, suspension or discontinuance of any of our Services.
Acceptable Use Rules
- You and any Authorized Users using your account must comply with the Acceptable Community Rules and all laws. If we reasonably believe that you have breached the Acceptable Use Rules or any applicable law, we may, at any time and without notice, remove any of your Content and suspend, restrict or terminate your account or your access to the Services.
- You are solely responsible for Customer Content. We may, but do not have to, review, filter, block or remove Content, including Customer Content.
- If you use the Services for contests or otherwise ask people to submit Content through the Services (“Submitted Content”), you acknowledge and agree that:
- the Services do not help you comply with any laws, rules, or regulations that may apply to your collection or use of Submitted Content, which is solely your responsibility; and
- we will not be liable to you or any third party for the Submitted Content, and we make no warranty that any Submitted Content obtained or displayed through the Services is accurate or complete.
- You are responsible for the completeness, security, confidentiality and accuracy of the account information you provide to us. You will promptly notify us of any unauthorized access to or use of your log-in credentials or account.
Content and Third-Party Services
- We are not responsible for Content provided by others, including Mentions and Content from Third-Party Services (such as Content from Social Networks and Content in apps from the App Directory). You and anyone else who accesses our Services may access Content that might be unlawful, offensive, harmful, inaccurate or otherwise inappropriate. We will not be liable to you or any third party for Content provided by others.
- We may, but do not have to, preview, verify, flag, modify, filter, block or remove Third-Party Services. You must comply with all agreements and other legal requirements that apply to Third-Party Services.
- You may donate to a 501(c)(3) church or project of your choice through Kynami. We reserve the right to change the listed donation amounts at any time. However, in no event, we will change your existing donation subscription. You may cancel your donation subscription at any time. A portion of your donation may be used to pay for transaction fees charged by Apple or Google. We will not take any portion of your donation in any way. To show you proper accounting, Kynami will send you periodic reports indicating your donations, charges by third parties like Apple and Google, and the net amount of the donation that reached your intended church or project.
Payment Terms, Trials and Renewal
- Auto-Renewal of Services. Services plans will renew automatically at the end of the term and we will automatically bill you on renewal unless you cancel or downgrade our Services under Section 23 below.
- If we share non-public information about Kynami or our Services with you, you must keep it confidential and use reasonable security measures to prevent unauthorized disclosure of or access to that information.
- Customer Content. You retain your rights to any Customer Content you submit, post or display on or through the Services. You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, host, run, copy, reproduce, process, adapt, translate, modify, publish, transmit, display and distribute Customer Content for the purposes of providing, supporting, enhancing, and developing our products and services.
- We welcome your suggestions, comments, bug reports, feature requests or other feedback (“Feedback”). We do not have to keep Feedback confidential, even if you tell us it is confidential. If you provide Feedback, you grant Kynami a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, fully paid-up license to use the Feedback for any purpose.
- We keep all rights and interests in our Services. The Services contain Content owned or licensed by Kynami (“Kynami Content”). Kynami Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Kynami, we own and retain all rights in the Services and in any Kynami Content.
Cancellation and Termination of Services
- We may refuse to provide service (including the Services) to anyone for any reason at any time. We may also immediately suspend or terminate your access to our Services for any reason, at any time, without notifying you in advance. If we terminate this Agreement because you violated the Acceptable Use Rules or any other part of this Agreement, you will not receive a refund. If we terminate your access to the Services under this section for no reason, we will refund you for the Services you have not yet received.
Disclaimer of Warranties and Limitation of Liability
- We offer our Services “as is” and are not making any warranties, conditions, representations or guarantees of any kind, whether express, implied, statutory or otherwise, including all express or implied warranties of design, merchantability, fitness for a particular purpose, title, quality and non-infringement, that our Services will meet your requirements or that our Services will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free. Use our Services at your own risk. You hereby release us and our affiliates and the directors, officers, employees, agents, licensors and service providers of Kynami and our affiliates (the “Kynami Parties”) from any claims, known or unknown, you have against them.
- We will not be liable for indirect, punitive, incidental, special, consequential or exemplary damages, or for loss of profits, goodwill or data or other intangible losses, that result from the use of, or inability to use, our Services or any other aspect of this Agreement. Under no circumstances will we be liable for any Third-Party Services, Social Networks or activities of third parties, any connection to or transmission from the Internet, or for any damage, loss or injury resulting from hacking, tampering, theft or other unauthorized access to or use of our Services or your account or the information contained in your account, including Customer Content.
- Our aggregate liability to you for all losses or damages arising out of this Agreement or your use of our Services, even if we have been advised of the possibility of such losses, will not exceed the greater of the fees we received from you for our Services that are subject to the claim during the three-month period immediately preceding the date on which the damages arose and USD$100. The limitations of liability in this section also apply to the Kynami Parties and to claims brought based on any cause of action, including breach of contract, tort (including negligence), statute or other legal or equitable theory. If there is a law that limits how the limitation of liability in this section applies to you, our liability will be limited to the fullest extent permitted by law.
- No advice or information, whether oral or written, obtained from us or elsewhere will create any warranty or condition not expressly stated in this Agreement.
- If you are dissatisfied with our Services or believe that you’ve been harmed by your use of our Services or this Agreement, you may terminate your use of our Services (as set out above). That termination is your sole and exclusive remedy (and our sole and exclusive liability) under this Agreement.
Claims and Disputes
- The laws of the California will govern any dispute, cause of action or claim arising out of this Agreement or your use of our Services, including against any Kynami Party (“Dispute”), without giving effect to conflict-of-law principles.
- You will indemnify and hold harmless the Kynami Parties from and against all losses, damages, penalties, liability and costs, including reasonable legal fees, of any kind or nature related to any claim against a Kynami Party related to: (a) Customer Content or Submitted Content; (b) your breach of this Agreement or any laws; or (c) your use of our Services or any Third-Party Services (including your breach of terms for any Third-Party Services).
- If you breach this Agreement or violate our rights or another person’s rights, we may ask a court to stop you; if we bring a claim against you, you will reimburse us for our reasonable legal fees for that claim.
- If you have any kind of Dispute with us, the exclusive means of resolving it will be by confidential, binding arbitration before a single arbitrator chosen by you and Kynami. You will give notice of your Dispute to us in writing.
- Any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Kynami and you each waive any right to a trial by jury.
- We may change any part of this Agreement (including any terms or documents incorporated by reference in this Agreement) at any time by posting the revised terms on the Kynami website, and your use of the Services after the effective date of the updated Agreement or other terms constitutes your agreement to the updated Agreement or other terms, as applicable. It is important for you to review this Agreement before using our Services and from time to time. The updated Agreement will be effective as of the time of posting, or on such later date as may be specified in the updated Agreement, and will apply to your use of the Services from that point forward.
- You may not assign your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity.
- If a court finds part of this Agreement to be invalid, the rest will continue to apply with the minimum changes required to remove the invalid part.
- Force Majeure. We will not be liable to you or any third party for any failure to perform our obligations under this Agreement if that failure results from any cause beyond our control, such as the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks or other acts of hackers; Internet or network failures or interruptions; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lockouts or labor disruptions; any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts; or if another person (including a Social Network) changes their services or terms or no longer offers their services to you or Kynami on terms we believe are reasonable.
- If we fail to enforce this Agreement, we are not waiving our right to do so. Any remedies we have under this Agreement are not exclusive of any other remedies we may have under this Agreement, at law or otherwise.
- Notices to You. Kynami may give notice to you by placing a banner notice on the Kynami platform or Kynami’s website. We may also contact you or your Authorized Users through your Kynami account or contact information you provide, such as email or telephone or through your account on one or more Social Networks. If you fail to maintain accurate account information, such as contact information, you may not receive critical information about our Services or this Agreement.
- Entire Agreement. This Agreement, including the other documents referred to as applicable to the Services in this Agreement, is the entire agreement between you and Kynami for your use of our Services. Any prior understandings, statements or and agreements (oral or written) do not apply, including additional terms that you may present (such as terms in a unilateral notice from you to us or printed on a purchase order or any other document generated by you). This Agreement is binding on the parties and their permitted successors and assigns.