Kincern’s Terms of Use

Effective Date: July 27, 2021

KINCERN’S TERMS OF USE

Welcome to the Kincern™ web and/or mobile applications (collectively, the “App”), owned and operated by Kincern Inc. (“we”, “us” or “Kincern”). These Terms of Use (these “Terms”) set forth the mutual agreement between Kincern and you as to your rights and responsibilities when you use Kincern’s website, www.kincern.com (the “Site”), the App and the services provided by Kincern through the App or the Site (collectively, the “Service”).

1. Who can use Kincern:

You may use the Service only if you agree to these Terms and to the processing of your information as described in our Privacy Policy. When you access or use the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. The Service is intended ONLY for users in the United States, and use of the Service is governed by US law. You may not use the Service if (a) you are barred from receiving services under the laws of the applicable jurisdiction, (b) we previously banned your account for violation of these Terms, or (c) you are under the age of 18.

2. Description:

The Service is designed to help you manage the administrative and financial burden of caring for other people. The Service provides tools to upload and share documents, track financial transactions and assets, upload personal information, and link to other services that can import data about you or a person on behalf of whom you use the Service.

3. Limited license; restrictions:

Kincern grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your own personal, non-commercial purposes subject to these Terms. This license is personal to you and may not be assigned or sublicensed to anyone else. All rights not expressly granted by Kincern herein are reserved. You agree that you will not reproduce, redistribute, transfer, sell, create derivative works from, decipher, decompile, reverse engineer, alter, adapt, or disassemble any portion of the Service or any source code therein or attempt to do any of the foregoing. You further agree that you will not remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Service. In accessing and using the Service, you agree to comply with all applicable laws and legal requirements.

4. Your account:

In order to access certain features of the Service, you will have to create an account by providing your email address and phone number and creating a username and password. You are solely responsible for the activity that occurs on your account, including any activity by authorized or unauthorized users, and you must keep your account password secure. If you become aware of any breach of security or unauthorized use of your account, you must notify Kincern immediately and change your password.

5. Paid subscriptions:

Some users may purchase a paid monthly or annual subscription to the App that may include several additional features or services. Payments for subscriptions are collected via Kincern’s third-party payment processors, and you authorize us to receive payments for the Service via such third-party payment processors, using the payment information you have supplied. These subscriptions will automatically renew for the same period of time as the original subscription until they are canceled, at which point the subscription will continue until the next billing cycle begins. A subscription may be canceled at any time; however, all fees paid for such a subscription are non-refundable. The price at which the subscription is offered may vary due to the date of subscription, country, local taxes and regulations, promotions, and Kincern reserves the right to change the price and subscription benefits at its sole discretion. If you have issues with our subscription or would like to request a refund, please email hello@kincern.com. We reserve the right to offer or refuse refunds at our sole discretion. Subscriptions may be suspended or terminated for overdue payments. Kincern reserves the right to offer or refuse subscriptions for any reason at our sole discretion.

6. Content terms and restrictions:

As used throughout these Terms, “Content” includes documents, photographs, graphics, images, audio, videos, text and other materials of any and every type in all forms and mediums.

a. Kincern Content. The Content provided by Kincern and appearing within the Service (the “Kincern Content”), including its “look and feel” (e.g., text, graphics, images, logos, and button icons), editorial content, notices, and software (including HTML-based computer programs), are protected under both United States and other applicable copyright, trademark and other laws. The Kincern Content belongs or is licensed to Kincern, and Kincern and its licensors and software or content suppliers retain all trademark, copyright, and other intellectual property rights in the Kincern Content. You may download or print a copy of Kincern Content for your personal, internal, and non-commercial use only. Any distribution, reprint, or reproduction of any Kincern Content in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, Kincern Content in a manner that violates any applicable law, regulation, or these Terms.

b. User Content.

i. You may choose to submit certain Content through the Service, including without limitation legal, financial, health care, and other documents, photos, and/or videos, such as trusts, wills, powers of attorney, advanced directives, tax returns, driver’s licenses, passports, and other documents.

ii. For each piece of Content that you submit through the Service, you represent and warrant that at all times that such Content remains posted through the Service: (i) you own or have the necessary licenses, rights, consents, and express permissions and authorizations to submit, post, share and otherwise use such Content; (ii) the Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iii) the Content and your use thereof complies with these Terms and all applicable laws. If at any time your authorization to submit, post share or otherwise use such Content is revoked, you must remove such Content from the Service.

iii. You acknowledge and agree as follows: (i) Kincern does not permit copyright infringement or violations of other intellectual property rights or privacy rights on the Service, and we reserve the right to remove Content if notified that such Content infringes on another’s intellectual property rights or privacy rights; and (ii) you are solely responsible for your own Content and the consequences of submitting your Content through the Service.

7. Conditions of use:

You agree that you will use the Service for its intended purpose. In accessing or using the Service, you agree that you will not:

a. Use the Service in a fraudulent, disruptive, aggressive, or manipulative manner, for money laundering, or any other inappropriate purpose;

b. Use any robot, spider, scraper, deep-link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy or monitor the Service or any portion of the Service, without Kincern’s express written consent, which may be withheld in Kincern’s sole discretion;

c. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Service, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Google Chrome);

d. Post or transmit any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service;

e. Spam, hack into or deface the Service;

f. Circumvent, disable, or otherwise interfere with security features of the Service;

g. Defame, harass, stalk, threaten, or otherwise violate the rights of others, including, without limitation, others’ moral, privacy or publicity rights;

h. Impersonate any person or entity or use any fraudulent, misleading, or inaccurate email address or other contact information;

i. Violate any applicable laws or regulations;

j. Submit, upload, or display Content that: (A) is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable; (B) contains sexually explicit Content, pornography, or nudity; (C) contains hateful, malicious, or discriminatory Content, incites hatred towards any individual or group, or incites or advocates terrorism or violence; (D) infringes our or any third party’s intellectual property or other rights; (E) contains any confidential, proprietary or trade secret information of any third party; or (F) includes any advertisements, solicitations, investment opportunities or other unsolicited commercial or chain communications or promotes the sale of goods or services;

k. Harm or exploit minors; or

l. Use the Service for any commercial, advertising or solicitation uses or collect any personally identifiable information about others.

Kincern reserves the right, but has no obligation, to investigate your use of the Service for compliance with these Terms, and in addition to any other rights and remedies we may have, Kincern may immediately terminate your access to the Service due to a violation of these Terms or in order to comply with any law, regulation, legal process or government request.

8. What you represent:

You agree to represent yourself honestly, that all of the information you provide is true, correct, and current, to the best of your knowledge, and that you have the necessary rights, power, authority, and age to agree to these Terms and to perform the acts required of you by these Terms.

9. Termination and Refusal of Service:

Your access to the Service may be terminated at any time, for any reason, at Kincern’s sole discretion. This includes the right to ban any person from the Service who uses the Service in a way that violates any provision of these Terms. If Kincern deletes your account, you may not re-register for the Service. Kincern may block your email address and Internet protocol address to prevent further registration. Upon termination, all licenses granted by Kincern will terminate automatically. In the event of an account deletion for any reason, Content that you submitted may no longer be available, and Kincern shall not be responsible for the loss of such Content.

10. Disclaimers: 

a. Kincern does not represent that the Service is error-free, complete, or can be relied upon. THE SERVICE IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ WITH NO WARRANTY OF ANY KIND AND YOU ARE USING THE SERVICE AT YOUR OWN RISK.

b. TO THE FULLEST EXTENT PERMITTED BY LAW, KINCERN EXPRESSLY DISCLAIMS ANY WARRANTY, IMPLIED OR OTHERWISE, REGARDING THE SERVICE AND YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW.

c. Without limiting the foregoing, Kincern expressly disclaims and assumes no liability or responsibility for, any: (i) errors, omissions, or inaccuracies of Content; (ii) personal injury or tangible or intangible property damage or loss of any nature whatsoever resulting from your access to or use of the Service; (iii) unauthorized access to or use of the Service and/or any Content; (iv) interruption or cessation of transmission to or from the Service; (v) bugs, viruses, trojan horses or the like which may be transmitted to, by or through the Service; (vi) Content submitted by any user; or (vii) loss or damage of any kind incurred as a result of the use of the Service or any Content posted, transmitted, or otherwise made available through the Service, including any loss of your Content.

11. No Liability:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL KINCERN BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING EMOTIONAL DISTRESS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL KINCERN BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED PURSUANT TO THESE TERMS.

12. Indemnification:

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Kincern, its employees, directors, officers, agents, and representatives, from any third party claim arising from or in any way related to or arising from: (i) your access to or use of the Service, (ii) your violation of any of these Terms, (iii) your violation of any third party right, including without limitation any copyright, property, or privacy or publicity right, or (d) any claim that your Content caused damage, harm or loss to a third party; including liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorney fees, of every kind and nature.

13. Modifications to these Terms:

You agree that Kincern may modify these Terms at any time, effective immediately, by posting a modified version of these Terms on the Service. You agree that even if you have not personally used the Service with the new Terms, that they may have force immediately. If you do not consent to these Terms, as modified, you should not access or use the App in any way. By continuing to access or use the Service after the modifications become effective, you agree to be bound by the modified Terms.

14. Severability:

If any part of these Terms is held to be invalid or unenforceable, the provision shall be deemed to be superseded by a valid enforceable provision in its place that closely matches the intent of the original agreement, and all other parts of these Terms shall be enforced.

15. Waiver:

You agree that the failure of Kincern to exercise or enforce any part of these Terms does not constitute a waiver of the rights or provisions of these Terms.

16. Governing Law; Jurisdiction:

You agree that this entire agreement (including the Privacy Policy) shall be interpreted according to the laws of the State of Delaware, without regard to principles of conflicts of law. Any action arising out of or relating to these Terms or your use of the Service must be commenced in the state or federal courts located in New Hampshire, United States of America, and you consent to the jurisdiction of such courts.

17. Entire agreement:

These Terms, including the Privacy Policy and any other legal notices published by us on the Service, comprise the entire agreement between you and Kincern with respect to the subject matter set forth herein.

18. Third Party Apps or Websites: 

a. The Service may contain links to third-party websites or applications. Kincern has no control over, and assumes no responsibility for, the content, practices or policies (including privacy policies) of any such third parties. By using the Service, you expressly release Kincern from any and all liability arising from your use of any third-party website or application.

b. Users may direct Kincern to retrieve their own information maintained online by third-parties with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Kincern works with one or more online service providers to access this Account Information. By directing Kincern to retrieve Account Information or otherwise providing such Account Information to Kincern (directly or indirectly), you consent to our processing, storage, and use of such Account Information in accordance with these Terms and our Privacy Policy.

c. Kincern makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. Kincern is not responsible for the products and services offered by or on third-party apps or websites. Kincern cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Kincern cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. Such information may be more up-to-date when obtained directly from the relevant sites.

19. Not a Financial Planner, Broker, or Tax Advisor:

NEITHER KINCERN NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. KINCERN IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisors who are fully aware of your individual circumstances. Neither Kincern nor the Service intends to provide personalized financial or tax advice, and you hereby agree that any information provided to or accessed by you from time to time on or through the Service is not developed or provided by Kincern as investment advice and will not be used or treated by you as investment advice.

20. Not a Licensed Professional: 

a. KINCERN IS NOT A LICENSED HEALTHCARE PROVIDER, MEDICAL PROFESSIONAL, LAW FIRM, OR FINANCIAL ADVISORY FIRM, AND THE EMPLOYEES OF KINCERN ARE NOT ACTING AS YOUR HEALTHCARE PROVIDERS, MEDICAL PROFESSIONALS, ATTORNEYS, OR FINANCIAL ADVISORS.  THE SERVICE IS NOT, AND SHOULD NEVER BE, A SUBSTITUTE FOR THE ADVICE OF A LICENSED HEALTHCARE PROVIDER, MEDICAL PROFESSIONAL, ATTORNEY, OR FINANCIAL ADVISOR.  KINCERN CANNOT AND DOES NOT PROVIDE MEDICAL, LEGAL, OR FINANCIAL ADVICE.  KINCERN IS NOT PERMITTED TO ENGAGE IN THE PRACTICE OF MEDICINE, LAW, OR FINANCIAL ADVISING.  KINCERN IS PROHIBITED FROM PROVIDING ANY KIND OF ADVICE, EXPLANATION, OPINION OR RECOMMENDATION TO YOU ABOUT (A) POSSIBLE DIAGNOSES, MEDICAL CONDITIONS, MEDICAL TREATMENT, LIFE EXPECTANCY, OR PROGNOSES; (B) LEGAL RIGHTS, REMEDIES, DEFENSES, OPTIONS, SELECTION OF FORMS OR STRATEGIES; OR (C) ANY KIND OF ADVICE, EXPLANATION, OPINION OR RECOMMENDATION ABOUT POSSIBLE FINANCIAL INVESTMENTS OR STRATEGIES.

b. No protected or fiduciary relationship, including without limitation that of physician-patient or attorney-client, is or will be created with Kincern by virtue of your use of the Service.  Accordingly, while communications between you and Kincern are protected by our Privacy Policy, they are not protected by physician-patient privilege, doctor-patient confidentiality, attorney-client privilege, or the work product doctrine.  Again, Kincern makes no guarantees, representations or warranties, whether express or implied, with respect to any information or materials presented on or through the Service; and will not be liable to you under any circumstances for any decision made or action taken by you in reliance on any such Content.

c. The Health Insurance Portability and Accountability Act (“HIPAA”) imposes rules to protect certain health information. Because the Service merely helps you to store and organize your health information, it does not fall under HIPAA, and the Service is not required to be HIPAA-compliant. If you are concerned about the security of your health information, you should not upload it through the Service. If you do share any protected health information, you do so at your own risk.

d. The information or materials that you obtain or receive from Kincern, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on or through the Service is for informational purposes only.  All medically related information comes from independent health care professionals and organizations.  At no time does Kincern review the information you provide us for legal sufficiency, draw legal conclusions, provide legal advice, or apply the law to the facts of your particular situation.

Last Revised: July 27, 2021

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