These Terms of Use constitute a legally binding agreement (the “Agreement”) between you and Kinga Safety, Inc. (“Kinga,” “we,” “our,” or “us”) governing your access to and use of the Kinga website (located at www.kingasafety.com), mobile application, Kinga Material (defined herein), software, API, products, and services provided by us (collectively, the “Service”).

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICE. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT INCLUDES A JURY TRIAL WAIVER AND CLASS ACTION WAIVER, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE FOR ANY DISPUTES.

By entering into this Agreement, and/or by accessing or using the Service, you expressly acknowledge that you have read, understood, and agree to be bound by this Agreement. This Agreement applies to all visitors, users, and others who access or use the Service (“Users,” “you,” or “your”). Kinga reserves the right, at its sole discretion, to change, modify, add or remove portions of this Agreement, at any time, by posting changes to this page. Your continued access to or use of the Service after such posting confirms your consent to be bound by this Agreement, as amended. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICE.

1. Privacy Policy and Additional Terms

Our Privacy Policy explains how we collect, use, and share your information. You agree that your access to and use of the Service is governed by our Privacy Policy.  You can access our Privacy Policy by visiting www.kingasafety.com/privacy-policy.

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”), such as end user license agreements for any downloadable software applications, or rules applicable to a particular feature or content on the Service. All Additional Terms are incorporated by reference into, and made a part of, this Agreement.

2. Eligibility

To use the Service you must be, and hereby represent that you are, an individual eighteen (18) years or older who can form legally binding contracts. Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are strictly prohibited from accessing or using the Service unless their parent has consented in accordance with applicable law. Additionally, you are prohibited from accessing or using the Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the Service by Kinga. We have the right to delete your account in the event that we learn you are not eligible to use the Service.

3. Accounts and Registration

To access and use the Service you must create an account (“Account”) by providing us with information, which may include your name, contact information, payment information, and additional information you may elect to provide. You must provide accurate, current, and complete information during the registration process and keep your Account information up-to-date at all times. You are responsible for all activity that occurs in association with your Account. Kinga is not liable for any loss or damage caused by your failure to maintain the confidentiality of your Account credentials. Please contact us through the support section of Kinga.com if you discover or suspect any security breach related to the Service or your Account. Please see the Privacy Policy for more information on use and protection of your data.

4. Restrictions

In addition to any other restrictions set forth in this Agreement, you agree not to engage in, attempt to engage in, or permit or assist others in engaging in, any of the following prohibited activities: (i) use any software, script, code, device, crawler, robot, or other means not provided by Kinga to access the Kinga Services; (ii) circumvent, disable, or otherwise interfere with security-related features on the Kinga Services; (iii) modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Kinga Services; (iv) access or use the Kinga Services in any manner that may damage, disable, unduly burden, or impair any part of the Kinga Services, or any servers or networks connected to the Kinga Services; (v) fail to take reasonable actions to limit an excessive number of alarm events generated through the Kinga Services; (vi) post information or interact with the Kinga Services in in a manner which is fraudulent, libelous, abusive, obscene, profane, harassing, or illegal; (vii) use the Kinga Services for any illegal purpose or in violation of any law, statute, rule, permit, ordinance or regulation; (viii) gain or attempt to gain unauthorized access to the Kinga Services; (ix) interfere or attempt to interfere with the Kinga Services provided to any user or network, including, without limitation, via means of submitting a virus to the Kinga Services, spamming, crashing, or otherwise; (x) engage in commercial use or distribution of the Kinga Services, or copy or create any derivative work of the Kinga Services; (xi) use the Kinga Services in any way that infringes or misappropriates any third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy; or (xii) use the Kinga Services for the benefit of any third party.

5. Limited License Grant

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Kinga reserves all rights not expressly granted herein in the Service.

6. Service Availability

The Service is designed for use by residents inside of the contiguous U.S., Alaska, and Hawaii. The Service is dependent on cellular connection and may not work in areas outside the wireless service coverage area for the phone that the Service is installed on. Kinga makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations.

We may, without prior notice and at our sole discretion, change the Service, stop providing the Service or features of the Service to you or to Users generally, or create usage limits for the Service. Notwithstanding the foregoing, solely as it relates to premium safety features, Kinga will endeavor to take reasonable steps to notify Users prior to discontinuing such features. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason.

7. Ownership and Proprietary Rights

All data, text, images, logos, software, content, and other information and content available on or through the Service (“Kinga Material”), is the property of Kinga.  The Kinga Material is protected by copyright, trademark, and/or other intellectual property laws and you acknowledge and agree that we retain all right, title, and interest in and to the Kinga Material. Except as expressly stated in this Agreement, you may not sell, transfer, alter, reproduce, distribute, republish, download, display, post, or transmit any Kinga Material, in whole or in part, by any means.

You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Service (“Feedback”) will be the sole and exclusive property of Kinga and you hereby irrevocably assign to us all of your right, title, and interest in and to all Feedback. Any data that we generate from your usage of the Service will be owned by Kinga and handled subject to the terms of our Privacy Policy, as applicable.

8. Disclaimer

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, ACCURACY, TIMELINESS, QUALITY, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KINGA OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, KINGA, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT: (I) THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE (E.G., DATA, INFORMATION, COMMUNICATION, ETC.) WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR CORRECT; (II) THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (III) THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, TIMELY, UNINTERRUPTED, OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V)THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.  THE SERVICE ARE DEPENDENT UPON THE YOUR DEVICE HAVING NETWORK, WIRELESS, BROADBAND OR CELLULAR CONNECTIVITY. YOU ACKNOWLEDGE THAT THE SERVICE CAN BE INTERRUPTED BY ADVERSE WEATHER CONDITIONS, TRANSMISSION LIMITATIONS ATTRIBUTABLE TO THIRD PARTY CARRIERS, NETWORKS, ATMOSPHERIC OR OTHER CONDITIONS OUT OF KINGA’S CONTROL INCLUDING, WITHOUT LIMITATION, WEAK BATTERIES, SYSTEM CAPACITY ISSUES AND THE END USER BEING OUTSIDE OF A CARRIER’S SERVICE AREA.

THE SERVICES ARE NOT A REPLACEMENT FOR 911.  EVEN IF THE SERVICES SHOW CONNECTIVITY, KINGA HAS NO CONTROL OVER AND DOES NOT GUARANTEE THAT ANY ALERTS, MESSAGES, NOTIFICATIONS, TEXTS, OR ANY OTHER COMMUNICATION SENT VIA THE SERVICES WILL BE: (i) ACCURATE, TIMELY, OR SUCCESSFULLY SENT, DELIVERED, OR RECEIVED; OR (ii) DELIVERED TO OR RESPONDED TO BY ANY RECIPIENT OR EMERGENCY RESPONDER. REGARDLESS OF ANY PRIOR STATEMENTS, REPRESENTATIONS, OR COURSE OF DEALINGS BY ANY KINGA REPRESENTATIVES, KINGA DOES NOT WARRANT OR REPRESENT, EXPRESSLY OR IMPLICITLY, THAT THE SERVICES OR THEIR USE WILL RESULT IN: (iii) PREVENTION OF CRIME; (iv) APPREHENSION OR CONVICTION OF ANY PERPETRATOR OF ANY CRIME; (v) DETECTION OR NEUTRALIZATION OF ANY CRIMINAL, COMBATANT OR THREAT; (vi) PROPER, TIMELY, OR ADEQUATE MEDICAL TREATMENT OR MEDICAL DIAGNOSES; (vii) PREVENTING ANY LOSS, DEATH, INJURY TO ANY PERSON(S) OR DAMAGE TO PROPERTY DUE TO ANY PARTICULAR EVENT OR EMERGENCY INCLUDING, BUT NOT LIMITED TO,  (a) THE DISCHARGE OF A FIREARM OR OTHER WEAPON; (b) CRASH, FALL, COLLISION, OR IMPACT; OR (c) HEALTH OR MEDICAL ALERT.   KINGA CANNOT AND DOES NOT GUARANTEE THAT ANY EMERGENCY PERSONNEL WILL RESPOND IN A TIMELY MANNER OR AT ALL, OR THAT THE MOST APPROPRIATE PERSONNEL WILL RESPOND. ADDITIONALLY, EMERGENCY RESPONSE PERSONNEL MAY NOT RESPOND BECAUSE OF LOCAL LAWS, REGULATIONS, OR POLICIES. 

KINGA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND KINGA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

If you live in a state that does not allow for the disclaimer of certain warranties, the disclaimers above may not apply to you.

9. Indemnity

You agree to defend, indemnify, and hold Kinga and its, officers, directors, employees, agents, and affiliates (the “Kinga Entities”) harmless from any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), arising out of or relating to: (i) your access to or use of the Service; (ii) your violation of any portion of this Agreement or any applicable law, rule, or regulation; or (iii) your violation of any third-party right.

10. Limitation of Liability

KINGA IS NOT RESPONSIBLE FOR AND SHALL NOT BE LIABLE FOR (I) THE CONDUCT, ACTIONS, OR OMISSIONS OF INDEPENDENT CONTRACTORS OR EMPLOYEES; AND (II) LOSS, DAMAGE, OR INJURY TO PERSON, PROPERTY, OR LIFE CAUSED OR PARTIALLY CAUSED BY (I) OR INTERRUPTION, FAILURE, OR DEFECT IN THE SERVICES IN COMMUNICATING WITH USER EMERGENCY CONTACTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE KINGA ENTITIES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF KINGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.  NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF THE KINGA ENTITIES, ITS PARENT, AND ITS LICENSORS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OF OR ACCESS TO THE SERVICE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).  IF THE JURISDICTION YOU ARE IN DOES NOT ALLOW FOR THE EXCLUSION OF CERTAIN TYPES OF DAMAGES, THEN SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN CERTAIN CIRCUMSTANCES.

11. Alerts and Notifications

By entering into this Agreement or using the Service, you agree to receive communications from us, including e-mails, text messages, alerts, and other electronic communications. Standard message and data rates apply to all messages sent to or received from us. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.

12. Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time such informal dispute resolution is pursued, then either party may initiate binding arbitration. Except as expressly set forth herein, any dispute, claim, or controversy (each, a “Claim”) arising out of or relating to this Agreement will be settled by binding arbitration administered by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Commercial Consumer Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, 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 this Agreement, including, but not limited to any Claim that all or any part of this Agreement is void or voidable. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act, 9 U.S.C. § 1, et seq. shall exclusively govern the interpretation and enforcement of any arbitration. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.

You and Kinga each acknowledge and agree to waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Kinga each retain the right to bring an individual action in small claims court or the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyright, trademark, trade secret, patent, or other intellectual property right. If any court or arbitrator determines that the foregoing class action waiver is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision herein shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

In addition to the severability provisions set forth above, in the event that any portion of this arbitration provision is deemed illegal or unenforceable, such provision shall be severed and the remainder of this section shall be given full force and effect. Any Claim or cause of action you may have arising out of or relating to this Agreement or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred. The parties specifically exclude from application to this Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.

13.  General

Except as provided in Section 14 above, this Agreement is governed by the laws of the State of Indiana, without regard to conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Indiana for the purpose of litigating any dispute. You may not assign or transfer this Agreement or your rights herein, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement at any time without notice or consent. If any portion of this Agreement is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of this Agreement. No waiver by Kinga of any breach or default of this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement represents the complete agreement between Kinga and you regarding the subject matter set forth herein and supersedes all prior agreements and representations between Kinga and you.