Welcome to Kinzoo. Kinzoo Technologies, Inc. and its affiliates (also known within this document as “Kinzoo,” “we,” or “us”) endeavors to provide a safe and friendly educational environment for its users. Please read these Terms of Use (“Terms”) carefully before using Kinzoo.com (the “Website”), Kinzoo Together, Kinzoo Messenger, or Kinzoo Studios (the “Applications”) and any other websites, online products and services that link to these Terms (together, “Services”).

All references to “you” or “your” mean the person who accesses, and/or uses the Services in any manner, and unless the context otherwise requires, references to “you” and “your” refer to both you and your child.

PLEASE READ THESE TERMS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. PLEASE NOTE THAT, IF YOU ARE A RESIDENT OF THE UNITED STATES, THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 10 – DISPUTE RESOLUTION FOR US RESIDENTS) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. THESE TERMS MUST BE READ AND ACCEPTED BY PARENTS AND GUARDIANS ON BEHALF OF THEIR CHILDREN. WE WILL NOT ACCEPT THE CONSENT OF A CHILD OR MINOR AS VALID CONSENT, AND CHILDREN SHOULD NOT USE THE SERVICES WITHOUT THE CONSENT OF THEIR PARENTS OR GUARDIANS.

THE SERVICES ARE NOT SUITABLE FOR USE IN THE PROVINCE OF QUEBEC. BY ACCESSING OR USING THE SERVICES AND/OR BY PERMITTING YOUR CHILD TO ACCESS AND USE THE SERVICES, YOU HEREBY REPRESENT, WARRANT AND COVENANT TO KINZOO THAT, AT ALL TIMES DURING YOUR AND YOUR CHILD’S USE OF THE SERVICES: (A) YOU AND YOUR CHILD ARE NOT RESIDENTS OF THE PROVINCE OF QUEBEC; AND (B) YOU AND YOUR CHILD WILL NOT ACCESS OR USE THE SERVICES WITHIN THE PROVINCE OF QUEBEC.

1. GENERAL TERMS AND LICENSE

1.1 Governing Agreement

By using the Services you: (1) agree to be bound by these Terms; (2) acknowledge our privacy policy, which is located at https://www.kinzoo.com/privacy-policy and is incorporated here by reference; and (3) agree to be bound by other policy and legal notices that may be posted on the Services from time to time (together, the “Agreement”) both on your behalf and on behalf of your child. The legally binding Terms set out your rights, obligations, and restrictions regarding your use of our Services.  If you do not agree to the Terms, do not use the Services. If you are dissatisfied with this Agreement, your sole and exclusive remedy is to discontinue your and your child’s use of the Services.

If you are entering into this Agreement on behalf of a child, you hereby represent, warrant and covenant to Kinzoo that, at all times during your and your child’s use of the Services: (a) you are of legal age (the age of majority) in the jurisdiction in which you live (which in most jurisdictions is either 18 or 19 years of age); and (b) you are a parent or legal guardian of the child and are authorized to enter into legal agreements on their behalf.

In order to participate in certain Services, you may be required to download content, software, and/or required to agree to additional terms or use. Unless otherwise expressly set forth in any such additional terms of use applicable to the specific Website or Application in which you choose to participate, those additional terms of use are incorporated into this Agreement.

1.2 Entering the Agreement

You affirm that you have read and accepted these Terms and are fully able and competent to, and in fact do, enter into the conditions, obligations, affirmations, representations, and warranties set forth in these Terms.

1.3 Updates to the Terms

We may amend any part of these Terms by adding, deleting, or varying its terms from time-to-time in our discretion.  We will provide you with notice of any material proposed amendment via email and by posting an amended version of these Terms with a new “Last Updated” date.  We will include a link to the previous version of the terms beneath the new “Last Updated” date.

The amendments will take effect 30 days after the date on which we provide notice of the amended version.  Prior to that date of the amendment(s), the previous version of these Terms will continue to govern your relationship with Kinzoo. With respect to dispute resolution for U.S. residents, the prior Terms may apply as set forth in Section 10.

If you disagree with any amendments, you may terminate these Terms by ceasing to use the Services at any time within the 30-day period before the amendments take effect.  If the amendment increases your obligations under these Terms, or decreases our obligations under these Terms, then you can also terminate in the 30 days after the amendments take effect.  In either case, there is no cost or penalty for terminating.  If you do not cease using the Services during that time, then by your continued use, you are considered to have accepted the proposed amendments.

If at any point you do not agree to any portion of the then-current version of our Terms, you must immediately stop using our Services, and your license to use the Services shall immediately terminate.

1.4 Grant of a Limited License to Use the Services

Subject to your agreement and continuing compliance with these Terms, Kinzoo grants you a non-exclusive, non-transferable, revocable limited license to access and use the Services solely for your own non-commercial purposes.

1.5 Account Information and Personal Information

Our Services support different types of accounts for users (“Accounts”). When using the Services, you may be required to create an Account. Additionally, depending on the Website or Application being used and the information you input, your Account may be categorized as one of the following:

• Accounts for adult users who are parents or guardians of children who they wish to be able to use the Service (each a “Parent Account”)
• Accounts for other adult users (each an “Adult Account”)
• Accounts for children (each a "Child Account")
• When creating or updating an Account, you may be asked to provide Kinzoo with certain personal information, which will be subject to our Privacy Policy. You agree that you will supply accurate and complete information to Kinzoo and that you will update that information promptly if it changes.  You agree you will not share your login information (including your password) with anyone else and you will notify us if you suspect there has been unauthorized access to your Account.
• You are solely responsible for maintaining the confidentiality of the login information, and you will be responsible for all uses of the login information and anything that happens through your Account. Kinzoo will not be liable for any loss, damages, liability, expenses, or attorneys’ fees that you may incur because of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, liability, damages, expenses, and attorneys’ fees incurred by Kinzoo or a third party due to someone else using your Account.
• Kinzoo reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.

1.5.1 Parent and Child Accounts

On some Services, as the child’s parent or guardian, you must first sign up for a Parent Account. At the time you sign up for a Parent Account, Kinzoo will provide you with a user identification reference that you will use to create a username. You may also provide us with certain other information, including but not limited to your name, email address and the names, birth month and year (used by Kinzoo solely to verify the age of your child) of each child you wish to register to use the Services (“Profile Information”). You agree to provide true, accurate, current and complete information about yourself and your child, and you agree not to misrepresent your Profile Information. It is your responsibility to update or change your Profile Information, as appropriate.

Once your Parent Account has been created, Kinzoo will permit you to create a PIN that can be used by your child to access his or her Child Account.

Your Parent Account can also be used to grant Parent Account status to the Account belonging to another parent or guardian of your child. By granting Parent Account status to such other Account, you hereby: (a) represent, warrant and covenant that the other person to whom that Kinzoo account pertains to is a parent or guardian of your child; and (b) acknowledge and agree that the other parent or guardian will be able to perform all of the same types of activities under his or her Account in connection with your child’s Child Account as you are able to perform using your Parent Account.

You agree and understand that you are responsible for maintaining the confidentiality of your Account and your PIN and you agree not to disclose these to any third party. You are solely responsible for all activities that occur under your Parent Account, or any Child Accounts affiliated with your Parent Account. If you become aware of any unauthorized use of your Parent Account or any Child Accounts affiliated with your Parent Account, you are responsible for notifying Kinzoo immediately.

1.5.2 Adult Accounts

At the time you sign up for an Adult Account, Kinzoo will provide you with a user identification reference that you will use to create your Adult Account. You must also provide us with certain Profile Information. You agree to provide true, accurate, current, and complete information about yourself, and you agree not to misrepresent your Profile Information. It is your responsibility to update or change your Profile Information, as appropriate.

You agree and understand that you are responsible for maintaining the confidentiality of your Account, including your PIN, and you agree not to disclose such information to any third party. You are solely responsible for all activities that occur under your Adult Account. If you become aware of any unauthorized use of your Adult Account, you are responsible for notifying Kinzoo immediately.

2. LICENSE AND USE LIMITATIONS

2.1 License

Any use of our Services in violation of the use and conduct guidelines in this Section 2 is strictly prohibited, can result in the immediate revocation of your limited license, and may subject you to liability for violations of law. Any attempt by you to disrupt or interfere with the Services including undermining or manipulating the legitimate operation of any Kinzoo Website or Application is a violation of these Terms and may be a violation of criminal and civil laws.

2.2 Acceptable Use and Conduct

• Fail to monitor your Account to restrict use by children. You accept full responsibility for unauthorized use of the Services, including by minors, in connection with your Account;
• Engage in any act that Kinzoo deems to conflict with the spirit or intent of the Services, including but not limited to circumventing or manipulating these Terms or any other Kinzoo policies;
• Have more than one Account at any given time, or create an Account using a false identity or information, or on behalf of someone other than yourself;
• Have an Account or use any of the Services if you have previously been removed by Kinzoo or previously been banned from accessing any of our Services;
• Create an Account or use any of the Services if you are a convicted sex offender;
• Use the Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
• Post or upload any content or information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or harasses, abuses, or threatens another person or is false or misleading;
• Engage in any act that is harmful to minors in any way, including acts that constitutes bullying or harassment or encourages others to conduct personal harm or suicide;
• Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person;
• Post or do anything that could disable, overburden, or impair the proper working of the Services, including make available any material that contains any virus, malware, software lock, worm, trojan horse, trap door, or similar material;
• Stalk or otherwise harass anyone on the Services or with information obtained from the Services;
• Collect, use or disclose data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
• Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any user of the Services for the purposes of automating logins to the Services;
• Attempt to gain unauthorized access to the computer systems of Kinzoo or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Services;
• Without Kinzoo’s express written consent, use the Services or any part thereof for any commercial purpose, such as benchmarking, or license, sublicense, rent or lease the Services to third parties, or use the Services for third party training, commercial time-sharing or service bureau use;
• Use your Account to advertise, solicit, or transmit commercial advertisements or unauthorized communications through the Services, including junk mail, chain letters, spam, repetitive messages and any materials that promote malware, spyware and downloadable material;
• Impersonate a Kinzoo employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Services or a portion thereof without proper authorization;
• Interfere or attempt to interfere with the proper functioning of the Services or connect to or use the Service in any way not expressly permitted by these Terms;
• Access the Services for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Services;
• Access Services for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes;
• Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not expressly permitted by Kinzoo, such as agents, scraping, framing, or copying; or
• Copy, modify or distribute rights or content from any Services or Kinzoo’s copyrights or trademarks or use any method to copy or distribute the content of the Services except as specifically allowed in these Terms.
• Use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Services; reproduce or circumvent the navigational structure or presentation of the Services; or obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Services.

You agree that you will not, under any circumstances (together, “License Limitations”):

2.3 User Content

The Services enable you to provide or upload content, including but not limited to videos, photos, graphics, audio, messages, emojis and text (collectively, “User Content”) to Kinzoo for the purpose of providing the Services, including sharing User Content with your contacts as you designate on the Services to receive such User Content (“Contacts”). You acknowledge and agree that you are solely responsible for all User Content you submit, provide or upload and the consequences for submitting, providing or uploading it, and you consent to our collection and use of such User Content in the manners described in these Terms and the Privacy Policy.

Kinzoo will use User Content you upload solely in connection with providing the Services to you and your Contacts, and for no other reason. As between you and Kinzoo, you own all of your User Content. You agree that, upon your uploading, or otherwise providing, any User Content on or through the Site and/or the Services, you grant to Kinzoo a perpetual, worldwide, non-exclusive, royalty-free license, with the right to sublicense, to use, reproduce, process and display all or any portion of such User Content, solely in connection with providing the Services. This license includes the right to host, index, cache or otherwise format your User Content in order to provide the Services.

You represent and warrant that you own your User Content or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that its provision to Kinzoo or Kinzoo’s use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.

You agree that Kinzoo is not responsible for any violations of any third-party intellectual property rights in any User Content that you submit to Kinzoo. You agree to pay all royalties, fees and any other monies owing to any person by reason of the User Content uploaded, displayed or otherwise provided by you to the Services.

2.4 Monitoring

Kinzoo may, but has no obligation to, monitor User Content you may create, share, or upload using our Services. You consent to such monitoring. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Kinzoo or its customers or to operate the Services properly. Kinzoo, in its sole discretion, may refuse to post, remove or require you or your child to remove any such content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate or in violation of these Terms.

3. SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICES

Without limiting any other remedies, Kinzoo may, in its sole discretion, limit, suspend, terminate, modify, or delete Accounts or access to the Services or portions thereof for any reason, including if you are, or if Kinzoo suspects that you are, failing to comply with any of these Terms or for any actual or suspected illegal or improper use of the Services, with or without notice to you. Without limiting our other remedies, Kinzoo may limit, suspend or terminate any part of our Services and Accounts or portions thereof, prohibit access to our Services and their content, and take technical and legal steps to prevent users from accessing our Services if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our Terms or policies. Additionally, Kinzoo may, in appropriate circumstances and at our sole discretion, suspend or terminate Accounts of users who may be repeat infringers of third-party intellectual property rights.

Termination of your Account can include disabling your access to the Services or any part thereof including any User Content you submitted. You may also lose access to Products or purchases associated with your account.

4. ACCOUNT OWNERSHIP

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in an Account, and you further acknowledge and agree that all rights in and to an Account are and shall forever be owned by and inure to the benefit of Kinzoo.

Generally, Accounts created with Kinzoo will be considered active until we receive a request from the Account owner to deactivate or delete them; we also reserve the right to terminate any Account that has not been accessed for 180 days.

5. THIRD-PARTY HYPERLINKS AND THIRD-PARTY CONTENT

The Services may have hyperlinks to third-party sites and may display content and other information from third-party sites. Kinzoo does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of such third-party content. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms. Furthermore, Kinzoo is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. Kinzoo and its subsidiaries and affiliates are not responsible for any errors or omissions or for the results obtained from the use of such information contained in third-party content.

The appearance of external hyperlinks does not constitute endorsement by Kinzoo, its subsidiaries and affiliates of the opinions or views expressed by these third-party websites.

Finally, Kinzoo will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party hyperlinked sites.

6. RIGHTS

All material available on the Services and all material and services provided by or through Kinzoo, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”) are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.

You are not permitted to download, copy or otherwise store any Materials, excluding, for clarity, any User Content.

If Kinzoo, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Services or any of its, your or a third party’s system, then Kinzoo may immediately suspend access to or use of the Services. The suspension of use and access is not a breach of the Terms. You acknowledge that the preservation of security, confidentiality and data is paramount. Kinzoo has no liability to you for suspending the Services under this provision.

We welcome feedback, comments and suggestions (together, “Feedback”) for improvements to our Services. You can submit Feedback by contacting us using the information in the “Contact Us” section below. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, modify, create derivative works based upon and otherwise exploit the Feedback you provide for any purpose.

7. FEES AND PURCHASES

Kinzoo may charge fees for access to certain Services and for purchase on some of its Services. All fees are payable in accordance with payment terms in effect at the time when the fee becomes payable. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.

7.1 Authorization to Charge for Use of Services

We may charge an account fee or subscription fee for access to certain Services. All fees are payable in accordance with payment terms in effect at the time when the fee becomes payable. You must provide accurate and complete information for a valid payment method that you are authorized to use (such as a credit card or other payment method accepted by us to activate and maintain an Account). You authorize Kinzoo to charge you through the payment method that you provide Kinzoo. You are also responsible for charges for any Services ordered through your Account that are offered for sale through our Services. If we do not receive payment via your payment method, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment provider. If the payment method you provide is initially declined for any reason, we reserve the right to charge the payment method (credit card or other accepted mechanism) in installments, at the non-promotional/non-discounted rate that is in place at the time, for the full duration of the subscription that you have selected. You bear sole responsibility for all overdraft fees or other penalties that may be assessed by your payment provider. You are responsible for any use of your credit card or other payment instrument (e.g., PayPal).

7.2 Subscription Renewal

If you purchase a recurring subscription, you are subscribing to an automatically renewing subscription to the Application, set of Applications, or portion of the Services specified at purchase requiring recurring payments at the stated frequency (e.g., monthly or annual) until cancelled. You will be charged your first subscription fee and any applicable taxes on the date you purchase your subscription or after your free trial ends. Your subscription will automatically continue at the selected interval, and you will continue to be charged at the then-current price (including any applicable taxes), unless at least 24 hours prior to the end of the current subscription period: (a) you terminate your Account; (b) you cancel your subscription (as described below); (c) we decline to renew your subscription; or (d) these Terms are otherwise properly terminated as expressly permitted herein. The subscription fee is non-refundable except as expressly set forth in these Terms or in accordance with applicable law. If any subscription fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel or terminate your access to the Services or cancel your subscription. You will be responsible for paying all past due amounts.

If you are on a monthly recurring subscription, we will aim to initiate each monthly payment on the same day as the first month’s charge if that day is contained within the billing month. If such day is not contained within the billing month, then we will aim to initiate payment on the 28th, 29th, or 30th of the applicable billing month.

We may receive updated credit card information (new credit card number or updated expiration date) from your credit card issuer. We may use these new details in order to help prevent any interruption to the Services or subscription services. If you would like to use a different payment method or if there is a change in payment method, please visit the settings area of your Account to update your billing information.

7.3 App Store Subscriptions

Subscriptions purchased inside a third party App Store or platform Application—not on our Website—are managed directly by the applicable App Store. You should consult with the appropriate App Store to determine if the price charged includes all applicable taxes and currency exchange settlements. You are solely responsible for paying such taxes or other charges. We rely on the App Store to collect subscription fees, manage the subscription, and to report on the status of subscription accounts that have been purchased from within the app. We do not have the ability to manage any aspect of an App Store subscription on your behalf, including, but not limited to, initiating, canceling, or refunding subscriptions.

7.4 Subscription Cancellations

When you cancel a subscription, you cancel only future charges associated with your subscription. You may initiate your cancellation at any time, but the cancellation will become effective at the end of your current subscription period. In order to avoid future charges, you must cancel your subscription at least 24 hours prior to the end of your current subscription period. You may cancel your subscription via the settings menu within your online account or, for subscriptions purchased through a third party App Store or platform, through that third party. For more information on how to cancel your subscription, see our Help page: https://www.kinzoo.com/help-together. If you cancel, your right to use the subscription services will continue until the end of your then-current subscription period (unless we provide you with a refund or otherwise allow you to use the unused portion towards another service or subscription) and will then terminate without further charges.

7.5 Gift Subscriptions

We may allow you to purchase a gift subscription for others. A gift subscription is only redeemable for the subscription type (for instance, a specific Application or portion of the Services) and length of time as specified at purchase. A gift subscription can only be redeemed by an individual who does not have an active subscription to such Application or Services. A gift subscription is a one-time purchase and is non-refundable even if it has not yet been redeemed. After purchasing a gift subscription, you may be required to provide relevant information (like the redemption code) to the gift recipient. You are solely responsible for maintaining the confidentiality of the redemption code; it cannot be redeemed multiple times and once used, it cannot be reissued.

If you redeem a gift subscription, either at that time or prior to the termination of the gift subscription period, you may be presented with the option to enter into an automatically renewing subscription that will begin at the end of the term of your gift subscription. If you receive a gift subscription for an Application or portion of the Services that you already have an active subscription to, you will not be able to redeem the gift subscription, but you can provide the gift subscription to another individual who does not have an active subscription to that Application or portion of the Services.

7.6 No Refunds

EXCEPT AS OTHERWISE STATED HEREIN OR REQUIRED BY APPLICABLE LAW, YOUR PAYMENT IS NONREFUNDABLE. If you cancel your subscription, you will not receive any refund and you will continue to have access to the subscription services through the end of the subscription period. We reserve the right to issue refunds, credits, or discounts at our sole discretion. If we issue a refund, credit, or discount, we are under no obligation to issue the same or similar refund in the future and we may terminate your subscription and access to the Services.

7.7 Lifetime Membership

A lifetime membership is a one-time purchase that provides you or a gift recipient with full access to the relevant benefits for as long as such memberships are offered. We make no warranties as to the expected lifetime of such memberships or of the Services more generally.

From time to time, we may change the benefits, terms, or conditions applicable to the membership. Your continued use of the Services after any such change becomes effective will constitute your acceptance of such changes. You may cancel your lifetime membership at any time, but such memberships are not eligible for pro rata (or any other) refunds. Lifetime memberships are always subject to the then-current Agreement.

7.8 Free Trials and Promotional Rates

We may offer promotional trial subscriptions on a trial basis or access to subscription services or product for free or at promotional rate, as well as referral discounts or similar free access to benefits when you refer a new user(s).

If your subscription includes a free trial, you will not be charged the applicable fee during your free trial. To obtain the free trial, you may be required to provide a credit card or other payment method in order to ensure uninterrupted access and continued use after the expiration of the free trial. Upon completion of your free trial, your subscription will automatically convert into a paid subscription and your payment method will be charged the applicable fee unless you have cancelled your subscription. You may cancel your subscription at any time during your free trial to avoid being charged as described above.

If your subscription includes a promotional rate, you will be charged the promotional rate for the relevant number of billing periods and upon completion of that period, your subscription will continue to automatically renew at the then-applicable full rate.

You may only be permitted to use one free trial or discounted price offer. If your subscription is ever cancelled or terminated for any reason, and you purchase an additional subscription, you may not be eligible for a free trial or to take advantage of another discounted price offer.

7.9 Termination

We may terminate your subscription at our sole discretion and without any notice. If we cancel your subscription, we may give you a prorated refund based on the amount of time remaining that you cannot use; provided, however, that we will not be obligated to grant you a refund if we terminate your Account or your subscription because we determine, in our sole discretion, that your actions or your use of the Services violate these Terms, any applicable law, or has harmed another user.

7.10 Changes to the Subscription

We may change the subscription terms or subscription fees at any time on a going forward basis in our discretion. If the pricing for your subscription increases, we will notify you, and provide you an opportunity to change your subscription before applying those changes to your Account or charging you in connection with an automatic renewal. We may choose in our sole discretion to add, modify, or remove benefits and features from a subscription. Your continued use of the Service after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may cancel your subscription. If you accept the new subscription, its terms and conditions will apply for that renewal and all renewals going forward.

8. COPYRIGHT NOTICES/COMPLAINTS

It is Kinzoo’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). ‍If you believe that anything on the Services infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to Receive Notification of Claimed Infringement: Sean Herman

Full Address of Designated Agent to Which Notification Should be Sent:

1066-999 W Hastings St., Vancouver, BC, V6C 2W2

Telephone Number of Designated Agent: +1 (604) 706-0999

E-Mail Address of Designated

Agent: copyright_agent@kinzoo.com

You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

DMCA Notice of Alleged Infringement ("Notice")

(1) Identify the copyrighted work that you claim has been infringed or provide a comprehensive list of the copyrighted works that you claim have been infringed.

(2) Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including, if applicable, the URL of the link or a specific description of where the material may be found.

(3) Provide your mailing address, telephone number, and, if available, email address.

(4) Include both of the following statements in the body of the Notice:

• (a) “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
• (b) "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

(5) Provide your full legal name and your electronic or physical signature.

Kinzoo reserves the right to terminate without notice any user’s access to any of the Services if that user is determined by Kinzoo, in its sole discretion, to be a "repeat infringer." In addition, Kinzoo accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

9. DISCLAIMERS AND LIMITATIONS OF LIABILITY

9.1. DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Kinzoo is not responsible or liable for functions or features that are interrupted, unsecure, or contain errors. We do not warrant that defects will be corrected. We are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of these Services or with respect to the information and material contained on these Services. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you.

THE SERVICES ARE OFFERED AND CONTROLLED BY KINZOO FROM ITS FACILITIES IN CANADA. KINZOO MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN CANADA (EXCLUDING THE PROVINCE OF QUEBEC) AND THE UNITED STATES. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. " This release includes the criminal acts of others. If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

9.2. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (OR THE EQUIVALENT IN CDN$). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

9.3. Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above in Section 9.1 and 9.2. Accordingly, some of the above limitations may not apply to you. If you are a New Jersey resident, or a resident of another state that permits the exclusion of these warranties and liabilities, then the limitations in Section 9.1 and 9.2 specifically do apply to you.

9.4. Indemnification

You agree to indemnify, defend and hold harmless, Kinzoo, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers to the Services from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by you or any use or misuse of the Services by you. Kinzoo reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Kinzoo in asserting any available defenses. You agree not to settle any matter without the prior written consent of Kinzoo. Kinzoo will use reasonable efforts to notify you of any such claims upon becoming aware of it.

You agree that the provisions in this paragraph will survive any termination of your Account or of the Services.

10. DISPUTE RESOLUTION FOR US RESIDENTS

IF YOU ARE A UNITED STATES RESIDENT, PLEASE READ THIS “DISPUTE RESOLUTION” SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT FILED IN COURT.

10.1. Informal dispute resolution procedure.‍

If a dispute arises between you and Kinzoo, we are committed to working with you to reach a reasonable resolution. For any such dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This requires first sending a written description of the dispute to the other party. For any dispute you initiate, you agree to send the written description of the dispute along with the email address associated with your Account, if any, to the following email address: privacy@kinzoo.com. For any dispute that Kinzoo initiates, we will send our written description of the dispute to the email address associated with your Account (if any) or to any email address we have on file for you. The written description must be on an individual basis and provide, at minimum, the following information: your name; proof of your relationship with Kinzoo (such as the email address associated with your Account); a description of the nature or basis of the claim or dispute; and the specific relief sought. If the dispute is not resolved within sixty (60) days after receipt of the written description of the dispute, you and Kinzoo agree to the further dispute resolution provisions below.

The above process for an informal dispute resolution process is required before you may commence any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

10.2. Mutual arbitration agreement.‍

You and Kinzoo agree that all claims, disputes, or disagreements that may arise out of the interpretation or performance of these Terms (including its formation, performance, and breach) or payments by or to Kinzoo, or that in any way relate to the provision or use of the Services, your relationship with Kinzoo, or any other dispute with Kinzoo, shall be resolved exclusively through binding arbitration in accordance with this Section 10 (collectively, the “Arbitration Agreement”). This includes claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth in Sections 10.10 and 10.11). This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects and evidences a transaction involving interstate commerce. You and Kinzoo expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.

Except as set forth in this Section 10.2, the arbitrator or arbitration body, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the agreement (including these Terms) and this Arbitration Agreement, including, but not limited to any claim that all or any part thereof are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity.

Notwithstanding the parties' decision to resolve all disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court's jurisdiction, regardless of what forum the filing party initial chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party's claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party's right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

You and Kinzoo agree to submit to the personal jurisdiction of any federal or state court in New York, New York in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

Except as set forth in Section 10.3 below, if any provision of this Arbitration Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions thereof remain in full force and effect.

THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND KINZOO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10.3. Class arbitration and collective relief waiver.‍

YOU AND KINZOO ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN THIS SECTION 10.3 AND SECTION 10.7 BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY'S CLAIM; NOTWITHSTANDING THE PRECEDING SENTENCE YOU ACKNOWLEDGE AND AGREE THAT ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS, THOUGH IT MAY DO SO ONLY IF KINZOO PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

If there is a final judicial determination that either the Class Arbitration Action and Collective Relief Waiver or the provisions in Section 10.7 are not enforceable as to a particular claim or request for relief, then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you or Kinzoo from participating in a class-wide settlement of claims.

10.4. Arbitration rules.‍

The arbitration will be administered by NAM and resolved before a single arbitrator. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider, but in no event shall any arbitration be administered by the American Arbitration Association. Except as modified by this “Dispute Resolution” provision, NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation's Commercial Dept at commercial@namadr.com.

10.5. Initiating arbitration.‍

Only after the parties have engaged in a good-faith effort to resolve the dispute in accordance with the Informal Dispute Resolution Procedure provision, and only if those efforts fail, then either party may initiate binding arbitration as the sole means to resolve claims using the procedures set forth in the applicable NAM rules. If you are initiating arbitration, a copy of the demand shall also be emailed to privacy@kinzoo.com. If Kinzoo is initiating arbitration, it will serve a copy of the demand to the email address associated with your Account or the email that Kinzoo has on file for you. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party's failure to comply with the Informal Dispute Resolution Procedure contemplated by this Agreement.

10.6. Arbitration location and procedure.‍

The arbitration will be conducted in the county of the U.S. state where you reside, unless you and Kinzoo otherwise agree or unless the designated arbitrator determines that such venue would be unreasonably burdensome to any party, in which case the arbitrator shall have the discretion to select another venue. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Kinzoo submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.

Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Kinzoo (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

10.7. Batch arbitration.

To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with Section 10.4) against Kinzoo within reasonably close proximity (“Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, and one hearing (if any) in a place determined in accordance with Section 10.6; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Kinzoo and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with Kinzoo and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless Kinzoo otherwise consents in writing, Kinzoo does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in section 10.3 above and this Section 10.7. If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.

10.8. Arbitrator's decision.

The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum's rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with section 10.3 above and also must be consistent with the terms of the “Limitation of Liability” section of the Terms as to the types and the amounts of damages or other relief for which a party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.

10.9. Fees

You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in Section 10.7), provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 10 while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

10.10. Right to opt out of the Arbitration Agreement.

IF YOU DO NOT WISH TO BE BOUND BY THE “ARBITRATION AGREEMENT” AS SET FORTH IN THIS “DISPUTE RESOLUTION” SECTION 10, THEN: (1) you must notify Kinzoo in writing within thirty (30) days of the date that you first use the Services or otherwise become subject to this Arbitration Agreement (or any subsequent changes to the provisions of the section titled “Dispute Resolution”); (2) your written notification must be mailed to: 999 W. Hastings St., Vancouver, BC V6C 2W2 or emailed to privacy@kinzoo.com; and (3) your written notification must include (a) your name, (b) your address, (c) the date you purchased the product, if applicable and (d) a clear statement that you wish to opt out of this Arbitration Agreement. Kinzoo will continue to honor any valid opt outs if you opted out of arbitration in a prior version of the Agreement pursuant to the requirements set forth in that version. If you reject any such changes by opting out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law.  If you do opt out of the Arbitration Agreement, any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, Kinzoo also will not be bound by it. If you do not timely opt out of this Arbitration Agreement, such action shall constitute mutual acceptance of the terms of these “Dispute Resolution” provisions by you and Kinzoo.

10.11. Changes.

Kinzoo will provide thirty (30) days’ notice of any material changes to this “Dispute Resolution” section by posting the change on the Services, or providing any other notice in accordance with legal requirements. Any such changes will go into effect 30 days after Kinzoo provides this notice and apply to all claims not yet filed. If you reject any such changes by opting out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If Kinzoo changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out by providing notice as described in Section 10.10.

10.12. Governing Law and Forum Choice.

To the maximum extent permitted by the mandatory laws in your country of residence, for any dispute not subject to arbitration (including the court actions specified in Section 10.2) or under the jurisdiction of a small claims court, you and Kinzoo agree to submit to the personal and exclusive jurisdiction of the courts of the Province of British Columbia. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. The Terms and the relationship between you and Kinzoo shall be governed by the laws of the Province of  British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law provisions.

10.13. Class Action Waiver.

You may only resolve disputes with Kinzoo on an individual basis and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated or representative action. Except as described in Section 10.7, class actions, class arbitrations, collective actions, private attorney general actions and consolidation with other arbitrations aren't allowed.

11. SEVERABILITY

You and Kinzoo agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Agreement, which shall continue to be in full force and effect.

12. GENERAL PROVISIONS

12.1 Force Majeure

Under no circumstances shall Kinzoo or its subprocessors be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.

12.2. Assignment

You may not assign or delegate any rights or obligations under the Terms without Kinzoo’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

12.3. Entire Agreement

These Terms contain the entire understanding of you and Kinzoo and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service. These Terms may be supplemented by additional terms of use or other user agreements for other Websites or Platforms.

12.4. Notices

We may notify you via postings or via e-mail. All notices given by you or required from you under these Terms shall be in writing and addressed to Kinzoo using the information in the “Contact Us” section below.

Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

You consent to receive notifications from Kinzoo electronically and agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to it in an unchanged form. You agree to keep your contact information current.

12.5 Statute of Limitations

Except for residents of New Jersey and to the extent permitted by applicable law, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12.6 No Waiver

No waiver of any provision of these Terms will be binding unless in writing, no waiver of any provisions of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and the failure of Kinzoo to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.

13. CONTACT US

You may contact Kinzoo by email at support@kinzoo.com, phone at (604) 868-9719 or by mail at Kinzoo Technologies Inc., 1066-999 W Hastings St., Vancouver, BC, V6C 2W2.