This is the same agreement you accept in the app when you sign up. Please read section 4 and section 5 in particular. They are the ones that matter most to your safety.
These terms are a binding agreement between you and EVA Software Solutions Inc., a Canadian corporation ("Kindred", "we", "us"), the operator of the Kindred application and the service at kindredapp.ca.
By creating an account, or by using Kindred in any way, you agree to these terms. If you do not agree, do not use Kindred.
Kindred is for adults only. You are asked for your date of birth once, at signup, and it cannot be changed afterwards.
You represent and warrant that you are at least 18 years old, that the date of birth you provided is truthful, and that you are legally permitted to use a service of this kind where you live.
An account found to belong to someone under 18 is removed without notice. Providing a false date of birth is a material breach of these terms.
Kindred introduces couples to other couples, and singles to friends or to dates, for meeting in person. You are matched on shared interests. Names and photographs are hidden until day three of a conversation, and the app encourages a meetup by day seven.
Kindred is a venue, not a party to your interactions. We provide software that lets adults find each other. We are not an introduction agency, a matchmaking service, an escort service, a chaperone, a background check provider, or a guarantor of anyone's conduct, character, identity, or intentions.
We do not participate in, supervise, control, or take responsibility for any interaction, conversation, meeting, relationship, or transaction between users, whether it happens inside the app or anywhere else.
This section matters more than any other. Please read it.
Kindred does not:
A profile is whatever a person typed into it. Photographs may be old, edited, or of somebody else. People lie about their age, their relationship status, their intentions, and their identity. Some people using apps like this one intend harm.
You acknowledge that you understand this, and that you are choosing to use Kindred anyway.
You use Kindred, and meet people through it, entirely at your own risk.
Meeting people from the internet carries real and serious risks, including but not limited to: physical harm, sexual assault, harassment, stalking, theft, fraud, financial scams, identity theft, extortion, disease transmission, emotional distress, reputational harm, and death.
You knowingly, voluntarily, and expressly assume all such risks, whether foreseeable or not, arising from your use of Kindred and from any contact or meeting with any person you encounter through it.
You accept full responsibility for your own safety and for your own decisions about whom to talk to, whom to meet, where to meet, and what to do. Sensible precautions, none of which we can enforce:
To the fullest extent permitted by law, you release, waive, and forever discharge Kindred, its operator, and anyone working with or for it from any and all claims, demands, damages, losses, liabilities, costs, and expenses of every kind, whether known or unknown, arising out of or in any way connected with:
You agree not to bring any claim against us in respect of the acts or omissions of another user.
You agree that you will not:
Breach can result in immediate suspension or permanent removal without notice or refund. Suspension cuts off access but does not delete your data, so a mistaken suspension can be reversed.
You are solely responsible for your own conduct and for any consequences of it, including any claim brought against you by another user or by anyone else.
Every profile and every conversation has a report option, with reasons specific to this app including "not actually a couple", "pushed for something non-platonic" and "did not turn up". You can also block any user at any time.
Reports are reviewed and acted on within 24 hours. The person you report is not told who reported them.
We moderate on a best-efforts basis only. We do not promise to detect, prevent, review, or remove any particular content or user, and we are not liable for failing to do so, or for any decision we make about a report. We may suspend, restrict, or remove any account at our sole discretion, with or without reason.
Kindred is not an emergency service, a crisis service, or a substitute for law enforcement. Nobody is monitoring the service around the clock. If someone is in immediate danger, contact your local emergency services first.
What you write and the photographs you upload remain yours. You grant us a non-exclusive, worldwide, royalty-free licence to store, reproduce, and display that content to the people the app shows it to, for as long as you keep it on the service. That licence ends when you delete the content or your account.
You represent that you own or have the right to share everything you upload, and that it does not infringe anyone's rights.
Kindred is provided "as is" and "as available", without warranty of any kind, express, implied, or statutory. To the fullest extent permitted by law we disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and quiet enjoyment.
We do not warrant that Kindred will be available, uninterrupted, secure, timely, error-free, or free of harmful components; that any defect will be corrected; that you will find a match, a friend, a date, or a relationship; or that anyone you meet will be who they say they are, or will behave lawfully or decently.
The service may change, be suspended, or be discontinued at any time without notice. Data may be lost.
To the fullest extent permitted by applicable law:
We are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or opportunity, arising out of or relating to your use of Kindred, however caused and on any theory of liability, even if we have been advised of the possibility of such damages.
We are not liable for any injury, loss, or damage arising from the acts or omissions of any user or any other third party, including any physical harm, assault, harassment, fraud, or financial loss arising from any meeting or interaction.
Our total aggregate liability to you, for all claims arising out of or relating to Kindred, is limited to the greater of the total amount you have paid us in the twelve months before the claim arose, or one hundred Canadian dollars. Kindred is currently free to use, which means that amount is generally one hundred dollars.
These limitations apply regardless of the form of action and survive any termination of your account.
What cannot be excluded. Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for gross negligence or wilful misconduct. Nothing here removes rights you have under the Ontario Consumer Protection Act, 2002 or other consumer protection law that cannot be waived. If any part of this section is held unenforceable, the remainder continues to apply.
You agree to indemnify and hold harmless Kindred and its operator from any claim, demand, loss, liability, damage, cost, or expense, including reasonable legal fees, arising out of or connected with your use of the service, your content, your breach of these terms, your violation of any law, or your interactions with any other person.
You may delete your account at any time from Settings. Deletion erases your account, profile, photographs, messages, matches, and meetup history from the service, subject to backups ageing out as described in the privacy policy.
We may suspend or terminate your access at any time, with or without notice, for any reason, including suspected breach of these terms. On termination the licences you granted end, and sections 5, 6, 10, 11, 12, and 15 survive.
Kindred is free to download and free to use. Two optional paid tiers exist: Kindred and Kindred+. Prices are shown in the app before you buy and are charged in your local currency.
Everything paid runs through the app store. Purchases are made through Apple's App Store or Google Play, and those companies take the payment, hold your payment details, and issue receipts. We never see or store your card. Your purchase is also subject to that store's own terms.
Subscriptions renew automatically. A subscription continues, and your account is charged again, at the end of each period until you cancel. The period and the price are stated at the point of purchase.
Free trials. Where a free trial is offered, it converts into a paid subscription at the end of the trial unless cancelled beforehand. Cancel at least 24 hours before the trial ends to avoid being charged. Only one trial is available per account.
Cancelling. Cancel at any time in your Apple or Google account settings. We cannot cancel on your behalf and we cannot prevent you from cancelling. Cancelling stops the next charge; it does not end the period you have already paid for, and you keep the paid features until that period runs out.
Refunds are handled by Apple or Google under their policies, not by us. We have no power to issue or refuse a refund for a store purchase.
If you stop paying, nothing is deleted. Your account, matches, messages and photographs remain. You return to the free tier, which means lower daily limits and a narrower search range.
Founder terms. Accounts that joined the launch list, or arrived on another member's invite code, receive the benefits described at the time of signup. These are granted, not purchased, and carry no cash value. We may end a granted benefit if the account is suspended for breach of these terms.
Price changes. Prices may change. An existing subscription is not repriced without notice; where the law or the app store requires your consent to a price rise, that consent is sought and a subscription is cancelled rather than silently increased.
What is never sold. No payment unlocks another person's photographs or name before the day 3 reveal, another person's precise location, or any private rating. Paid tiers change your own limits only. They do not change what anybody else can see about you, and they do not change how anyone else's account behaves.
These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in it, without regard to conflict of laws rules, and you and we submit to the exclusive jurisdiction of the courts of Ontario.
Before starting any formal proceeding, you agree to contact support@kindredapp.ca and attempt in good faith to resolve the dispute for at least 30 days.
These terms are the entire agreement between you and us about Kindred. If any provision is held invalid or unenforceable, it is severed or narrowed to the minimum extent necessary and the rest remains in force. Our failure to enforce any provision is not a waiver of it. You may not assign these terms; we may assign them to a successor.
If these terms change materially, you will be asked to agree again before you can carry on using the app.