Terms of Service

By accessing and using the Kyndred application ("App", "Service"), you agree to be bound by these Terms of Service ("Terms") and all applicable laws and regulations. These Terms constitute a legally binding agreement between you ("User", "you") and Kyndred ("we", "us", "our"), the Service and the independent individual who operates it. If you do not agree to these Terms, you are prohibited from using or accessing this App.

• General app usage: You must be at least 13 years of age to create an account and use Kyndred.
• Family creation: You must be at least 18 years of age to create a family on Kyndred.
• Guardian roles: You must be at least 18 years of age to apply for or accept a Guardian role within any family.

By creating a family or applying for guardianship, you confirm under penalty of perjury that you are at least 18 years of age and legally able to enter into binding agreements in your jurisdiction. Your date of birth at the time of this confirmation is recorded and retained for verification purposes.

We do not knowingly collect personal information from children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information immediately.

To use certain features of the App, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

We reserve the right to normalize, format, or edit information provided during registration (such as capitalizing names) to ensure consistency across our platform.

Kyndred allows users to create and join family groups ("Families"). Each Family is managed by one or more Guardians. Key terms regarding Families:

• Each Family may have a maximum of 3 Guardians at any time.
• Families may operate without Guardians ("Guardian-less State"), during which certain features are restricted until a member steps up to become a Guardian.
• Kyndred does not automatically assign Guardian roles. All Guardian appointments require explicit consent, age verification, and acceptance of Guardian responsibilities.
• You may be a member of up to 5 Families simultaneously.
• Families are intended to outlast individual memberships and may persist across generations.
• Families and individual users may be invited as guests to Events and Memorials hosted by other Families. Guest access is granted at the discretion of the hosting Family's Guardians and may be revoked at any time without notice.
• When a Family is granted guest access to an Event or Memorial, all active members of that Family receive access. If a member later leaves the Family, their guest access through that Family is automatically revoked.

• You confirm that you are at least 18 years of age at the time of acceptance.
• You accept responsibility for moderating content posted within your Family, including posts, photos, comments, and other media.
• You accept responsibility for managing Family membership, including approving or denying membership applications and managing member removal.
• You accept responsibility for managing Family settings and configuration.
• You have the authority to remove content that violates our Community Guidelines or applicable law.
• You are accountable, individually and jointly with any co-Guardians, for content within Families you manage as Guardian. You agree to indemnify and hold harmless Kyndred and the independent individual who operates it, together with its contractors and service providers, from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising from or related to content posted within Families you manage as Guardian, your actions as Guardian, or your failure to properly moderate content.
• You may resign from your Guardian role at any time. If you are the last Guardian, the Family will enter a restricted state and all members will be notified.

• Monitor, pre-screen, or control user-generated content
• Endorse any content posted by users
• Guarantee the accuracy, completeness, or reliability of user-provided information
• Accept responsibility for disputes between Family members or Guardians
• Accept responsibility for actions taken by Guardians in managing their Families

Users are solely responsible for the content they post. Guardians accept responsibility for managing content within their Families. Kyndred reserves the right to remove content that violates these Terms but has no obligation to do so.

You agree not to use the App to:

• Violate any applicable law, regulation, or third-party rights
• Impersonate any person or entity, or falsely state or misrepresent your identity or age
• Harass, abuse, threaten, or harm another person
• Post content that is illegal, obscene, defamatory, or infringes intellectual property rights
• Collect or store personal data about other users without their explicit permission
• Upload or transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to accounts, systems, or data
• Circumvent, disable, or interfere with security features of the App, including age verification

The Kyndred application and its original content, features, and functionality are owned by Kyndred and are protected by copyright, trademark, and other intellectual property laws.

By submitting, posting, or displaying content on or through the App, you grant us a non-exclusive, royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the App.

• Your contributions become part of the Family's shared archive and collective memory
• Family members and Guardians may continue to view and interact with your contributions
• If you leave a Family or delete your account, your contributions remain as part of the Family record
• Your content will be attributed to your first name only if you leave or delete your account
• If you return to Kyndred by signing in with your original email address, your past contributions are automatically restored to your account. Family memberships are not automatically restored — you must re-apply or be re-invited to rejoin previous Families

You may request account deletion through the App settings. Upon requesting deletion:

• You will have a 30-day grace period during which you can cancel the deletion by logging back in
• After 30 days, your personal information (email, last name, bio, profile picture) will be permanently anonymized
• Your Family contributions (posts, photos, comments) will remain as part of the Family archive, attributed only to your first name
• If you are the sole Guardian of any Family, the Family will enter a restricted state. Other members will be notified and can apply for Guardianship.
• Certain data is retained permanently for legal compliance: Guardian acceptance records, age verification timestamps, date of birth audit logs, and content moderation history

Families may be deleted under the following conditions:

• Only the last remaining active member (who must be a Guardian) may request Family deletion
• Family deletion is blocked for 7 days after any member has been removed, to allow appeals
• Deletion is a soft-delete with a 90-day retention period before permanent removal
• All former members are notified when a Family is scheduled for deletion and may contact support to request reinstatement during the 90-day period
• After 90 days, all Family content (posts, photos, events, albums, member records) is permanently and irreversibly deleted
• Families with no active members may be automatically flagged for deletion by our systems

Kyndred allows Families to create and manage Events. The following terms apply:

• Events are created and managed by Family Guardians or authorized members
• Event hosts may invite other Families or individual users as guests
• Guest access may be revoked at any time by the hosting Family's Guardians
• Content posted within Events (photos, discussions, comments) is subject to the same content ownership terms as Family content (Section 8)
• When an Event is deleted, associated content (posts, photos, discussions, albums) is removed according to the hosting Family's deletion policies
• Individual guests who leave an Event or are removed lose access to all Event content immediately

Kyndred allows Families to create Memorials to honor deceased individuals. The following terms apply:

• Memorials are created and managed by Family Guardians or authorized members
• Memorial hosts may invite other Families or individual users as guests to view and contribute tributes
• Tributes (posts, photos, comments, reactions) contributed to a Memorial are retained as part of the Memorial's permanent record, even if the contributor later leaves or deletes their account
• When a Memorial is deleted by its hosting Family, it enters a 1-year archive period during which it may be reinstated by contacting support. After 1 year, Memorial content is permanently deleted.
• Kyndred is not responsible for the accuracy of information presented in Memorials, including biographical details, dates, or obituary content. Memorial creators and contributors are solely responsible for the content they provide.
• Kyndred reserves the right to remove Memorial content that violates these Terms, applicable law, or the dignity of the deceased, but has no obligation to monitor Memorial content.

Where such features are offered, Kyndred may accept optional donations to help support the App's development and operating costs, and may offer optional premium features. These features may not be available in all versions of the App.

• Donations are voluntary contributions to support Kyndred's operations
• Donations do not grant any special features, benefits, or privileges within the App
• Prices are listed and processed in USD

Payments are processed through third-party payment providers (such as PayPal). By making a purchase, you also agree to the payment provider's terms of service. Kyndred does not store your complete payment information - this is handled securely by the payment provider.

You are responsible for any taxes, fees, or charges imposed by your jurisdiction on purchases made through Kyndred.

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any user on the Service, including but not limited to any defamatory, offensive, or illegal conduct
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Actions or inactions of Family Guardians
• Deletion of Family content after the retention period
• Loss of data due to account deletion, Family deletion, or system failures

You agree to defend, indemnify, and hold harmless Kyndred and the independent individual who operates it, together with its contractors and service providers, from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney fees) arising from:

• Your use of and access to the Service
• Your violation of these Terms
• Your violation of any third-party right, including intellectual property, privacy, or other rights
• Content you post or share through the Service
• Your actions as a Guardian, including failure to moderate content
• Any misrepresentation of your age or identity

Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through good faith negotiation. If the dispute cannot be resolved informally within 30 days, it shall be resolved through binding arbitration administered in accordance with the rules of the British Columbia International Commercial Arbitration Centre (BCICAC) or a comparable arbitration body.

To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action, class arbitration, or other representative proceeding. This clause does not apply where prohibited by the laws of your jurisdiction.

We reserve the right to modify or replace these Terms at any time. For material changes, we will provide at least 30 days' notice through the App or via email. By continuing to access or use the Service after revisions become effective, you agree to the revised Terms.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law provisions. Any legal proceedings shall be brought in the courts of British Columbia, Canada. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

If you are accessing the Service from outside Canada, you do so at your own initiative and are responsible for compliance with local laws. Nothing in these Terms limits any rights you may have under the mandatory consumer protection laws of your jurisdiction.

These Terms, together with the Privacy Policy and any other legal notices or agreements published by Kyndred on the App, constitute the entire agreement between you and Kyndred concerning the Service. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

If you have any questions about these Terms of Service, please contact us at support@kyndred.net.