Effective as of 2023-12-14
The Kin App (“Kin”) is provided to you by Hyphen ApS, CVR: 43118420, Sortedam Dossering 55, 2100 Copenhagen Ø, Denmark (“Hyphen”, “we”, “us” or “our”).
By using Kin or by clicking a box that states that you accept or agree to these terms, you signify you agreement to these Terms of Use (“Terms”). Of you do not agree to these Terms, you may not use Kin.
You can contact us by writing to: [email protected].
Hyphen grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use Kin for your personal and internal business purposes strictly in accordance with these Terms.
Our contact details:
Hyphen ApS
CVR: 43118420
Sortedam Dossering 55
2100 Copenhagen Ø
Denmark
Email: [email protected]
Hyphen does not employ a Data Protection Officer. If you have any questions or concerns regarding Kin or other of our services and the use of your personal data, please contact us on the email address above.
All information, materials, function, and other content (“Content”) contained in Kin are our intellectual property, or the intellectual property of our licensors or licensees. All trademarks, service marks or trade names are proprietary to us and/or our licensors or licensees. We may terminate your further access to Kin, change Kin or delete content or features in any way, at any time and for any reason or no reason.
You agree that you will not copy, distribute, or reverse engineer the Content, or use the Content in any way except as integrated in or necessary for use of Content.
Minimum age:You must be at least 18 years old to consent to use Kin.
You must provide accurate information to ensure proper verification when using Kin.
You may not share your Kin access details or credentials or make your account available to anyone else.
You are responsible for all activities that occur under your account. If you use Kin on behalf of another person or entity, you must have the authority to accept these Terms on their behalf. When using Kin, you provide an input and receive an output based on the input you provided, i.e., an output prompted by you (“Your Output”).
You are responsible for “Your Output”, including ensuring that it does not violate any applicable law or these Terms.
You represent and warrant that you have all rights, licenses, and permissions needed to provide any input in Kin.
When using Kin, you provide an input and receive an output based on the input you provided, i.e., an output prompted by you (“Your Output”). You are responsible for “Your Output”, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide any input in Kin.
You can stop using Kin at any time by canceling your account from within the app.
We may deploy changes, updates, or enhancements to Kin at any time. We may provide maintenance and support for Kin, but we have no obligation whatsoever to furnish such services to you and may terminate such services at any time without notice.
You will always have the ability to access a portion of the Kin app or Kin service for the purpose of accessing your data and have the ability to back up or export your data following a discontinuation of one of our services. We may suspend or terminate your ability to use Kin or a portion hereof in case of failure to comply with these Terms or any special terms related to a particular service, if we must do so to comply with applicable law, if your use of Kin causes risk or harm to Hyphen. In the event that we choose to suspend or terminate your access to use the Kin services, you will retain the ability to access a limited portion of the Kin app for the purpose of accessing your data. You will have the opportunity to back up or export your data following the discontinuation of the service. This ensures that you can maintain possession of your personal information, even in the case of a service shutdown. By downloading Kin, you agree that these Terms for a binding legal agreement between you and Hyphen as of the date of your download through any App Store.
By downloading Kin, you agree that these Terms for a binding legal agreement between you and Hyphen as of the date of your download through any App Store.
Your use of Kin is at your sole risk. Kin is provided on an “as is'' and “as available” basis. To the extent permitted by applicable law, Hyphen expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness fir a particular purpose and non-infringement. Artificial intelligence and machine learning are ever changing and probabilistic in nature, why the use of Kin may result in output that does not accurately reflect real people, places, or facts,
Kin is only available for supported devices and might not work on every device. Determining whether your device is supported or a compatible device for use of Kin is solely your responsibility, and downloading Kin is done at your own risk. Hyphen does not represent or warrant that Kin and your device are compatible or that Kin will work on your device.
Opposite Kin, we at Hyphen are the controller for some personal data to make sure we can provide and develop Kin, and to send a newsletter to you from time to time. See the details of the personal data we control here:
You acknowledge that these Terms are concluded between you and us only, and not with any app stores and/or distributors, e.g. Apple, Google, etc. (“App Stores”). We, and not the App Stores, are solely responsible for Kin and the services and Content available thereon.
The parties agree that the App Stores have no obligation to provide maintenance and support services with respect to Kin.To the maximum extent permitted by applicable law, the App Stores will have no warranty obligation whatsoever with respect to Kin.
It may be necessary to transfer personal data to countries outside the EU/EEA to provide our services by way of our providers. If this is the case, such data will be transferred in accordance with applicable requirement to third-country transfers and safeguarded by an adequacy decision by the European Commission, the Commissions Standard Contractual Clauses (SCCs) or other applicable transfer mechanisms in accordance with the GDPR. If you want to obtain a list of such third country transfers, please reach out to us.Note that we may also in special circumstances transfer data for the purpose of establishing, making or defending a legal claim.
To the extent it is necessary to disclose or share your personal data to comply with a legal obligation or court directives, to enforce or apply this Notice or other agreements, or to protect our rights or security, we may do so.
You agree that we, and not the App Stores, are responsible for addressing any claims by you or any third party relating to Kin or your possession and/or use of Kin including, but not limited to:
(i) product liability claims;(ii) (ii) any claim that Kin fails to conform to any applicable legal or regulatory requirement; and(iii) (iii) claims arising under data protection, privacy, consumer protection or similar legislation.
You agree that we, and not the App Stores, are responsible for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to Kin or your possession and use of the Kin.
You represent and warrant that:(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.You further agree not to transport Kin to or use Kin in any such country.
You agree to comply with all applicable third party terms of agreement when using Kin (e.g., you must not be in violation of your wireless data service terms of agreement when using Kin).
The parties agree that the App Stores and their subsidiaries are third party beneficiaries to these Terms. Upon your acceptance of the Terms, the App Stores will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. Hyphen is not responsible for any third-party agreement between you and any third-party, including your wireless provider.
You agree that your use of the Kin is subject to the Usage Rules set forth in the App Stores then-current Terms of Service for downloading apps through the App Stores.
You are responsible for maintaining the confidentiality of your account(s),as well as all activities that occur under your account(s). To the extent possible under applicable law, you hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of Kin and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
These Terms are governed by and construed in accordance with the laws of Denmark, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms or Kin must be filed, and that venue properly lies, only in Denmark, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Please note that mandatory laws may entitle you to file an action at law in other jurisdictions. We make no representation that Content on Kin is appropriate or available for use in any particular location. Those who choose to access a Kin do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
At any time, we may change these Terms (including by modification, deletion and/or addition of any portion thereof). If we make a material change to these Terms, we will notify you of such amendment by sending you an email at the last e-mail address that you provided us, and/or by posting notice of such change within Kin and/or on our website(s).
Any such amendment to these Terms will be effective thirty (30) calendar days following either our dispatch of an email notice to you, or by providing notice of the changes within Kin and/or on our website(s). By using Kin following the thirty (30) calendar days' notice you consent to any material changes. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.