Terms of Use
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Introduction & These Terms of Use
These Terms of Use ("Terms") are a legal agreement between you and Kinspire Inc. ("Kinspire," "we," "us," or "our") governing your access to and use of the Kinspire mobile application (the "App"), the website www.kinspirehealth.com (the "Site"), and any related websites, applications, content, coaching sessions, live sessions, and AI features we make available (collectively, the "Service").
Kinspire exists to give parents and caregivers raising children with developmental differences — including ADHD, autism, anxiety, dyslexia, OCD, giftedness, and twice-exceptional profiles — a complete, personalized support system built on our Precision Parenting™ methodology. The Service includes educational content, live group sessions, 1:1 parent coaching, and Dawn, our AI-powered Clinical Profile that learns your family over time. The terms "you" and "your" refer to any person accessing or using the Service.
We may modify these Terms at any time. When we do, we will publish the most current version and revise the date above, and will notify you by email of material changes. By continuing to use the Service after changes take effect, you agree to the revised Terms.
Important Legal Notice
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTIONS) THAT YOU SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION, AND THAT: (1) YOU MAY ONLY PURSUE CLAIMS ON AN INDIVIDUAL BASIS — NOT AS A CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION; (2) YOU MAY SEEK RELIEF ONLY ON AN INDIVIDUAL BASIS; AND (3) YOU WAIVE YOUR RIGHT TO HAVE CLAIMS RESOLVED BY A JURY OR IN COURT.
Medical Emergency — Do Not Wait
THE SERVICE IS NOT MONITORED IN REAL TIME. DO NOT USE THE SERVICE IF YOU OR YOUR CHILD ARE EXPERIENCING A MEDICAL EMERGENCY OR CRISIS. CALL 911 IMMEDIATELY, OR DIAL 988 (SUICIDE & CRISIS LIFELINE). ALWAYS SEEK ADVICE FROM A QUALIFIED HEALTH PROVIDER FOR MEDICAL QUESTIONS. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ OR HEARD ON THIS SERVICE.
Your Acknowledgment
BY CLICKING "I ACCEPT," OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR Privacy Policy. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
Your Account
The Service may only be accessed by individuals who: (a) can form legally binding contracts under applicable law; (b) are not barred from using the Service under applicable law; and (c) are at least 18 years old. By using the Service, you represent that you meet all of these requirements.
To access the Service, you must register for an account by providing your first and last name, email address, payment information, and a password or Google authentication credentials. You may also provide additional information during onboarding to help Dawn build your family's Clinical Profile. Please keep your account information current and accurate.
You are solely responsible for maintaining the confidentiality of your password and for all activity under your account. If you become aware of unauthorized use of your account, contact us immediately at privacy@kinspireapp.com.
Your Privacy
Kinspire collects, uses, and discloses information about you in accordance with our Privacy Policy and our Notice of Privacy Practices. Your family's privacy is fundamental to us. We do not collect personally identifiable information from any child under the age of 13 without verifiable parental consent, and we take additional precautions for users under 16.
Information you share to build your family's Clinical Profile — including your child's diagnosis, developmental history, daily challenges, and responses in live sessions — is used to personalize your experience and improve the Service, as described in our Privacy Policy. You understand that use of the Internet provides the opportunity for unauthorized third parties to circumvent security measures. Kinspire cannot guarantee the complete security of information transmitted over or stored in any system connected to the Internet.
Prohibited Activities
You agree not to use the Service to:
- Advertise or disseminate promotional materials, pyramid schemes, junk mail, or chain letters
- Transmit political content unrelated to the purpose of the Service
- Engage in any unlawful purpose or activity that gives rise to civil liability
- Infringe upon our intellectual property rights or those of others
- Submit false or misleading information, create a false identity, or impersonate any person
- Upload or transmit viruses, malware, or any other malicious code
- Spam, phish, crawl, scrape, or data-mine the Service
- Interfere with or circumvent security features of the Service
- Damage, disable, overburden, or impair Kinspire's servers or networks
- Defame, harass, stalk, threaten, or otherwise violate the rights of others
- Use language, images, or content that is insensitive, offensive, obscene, sexually explicit, or otherwise inconsistent with Kinspire's community values
- Post anything that exploits children or depicts cruelty to animals
- Interfere with or attempt to gain unauthorized access to other accounts or computer networks
- Reverse engineer, adapt, or modify any portion of the Service
- Sell the Service or access to the Service unless specifically authorized by Kinspire
Community & Live Sessions
(a) Our Live Sessions
Kinspire offers three formats of live group sessions, each designed to meet you where you are and give you real-time support grounded in clinical expertise:
Support Groups
Connect with other parents and a Kinspire clinician around shared experiences, including sensory needs, ADHD, school advocacy, and more.
Workshops
Focused teaching blocks with clear takeaways covering executive function, routines, co-regulation, and strategies you can try the same day.
Office Hours
Drop-in live Q&A with Kinspire's licensed occupational therapists. Bring your questions, ideas from the week, or a moment you're stuck on.
All live sessions are facilitated by Kinspire's clinical team — including licensed occupational therapists and specialists trained in developmental differences — and are designed to be warm, practical, and judgment-free. Sessions are open to Kinspire members and are subject to availability.
(b) Community Standards
Kinspire is built on the belief that parents raising outside-the-box kids deserve an honest, welcoming community. Disagreements are natural; respect is required. By participating in any live session or community feature, you agree to conduct yourself in a productive and respectful manner consistent with these Terms.
(c) Moderation
If we become aware of User Content (defined in Section 8) that is inappropriate or does not comply with these Terms, we reserve the right to investigate and take action, including moderating content and temporarily or permanently suspending access. We may become aware of non-compliant content through automated technologies or user reports.
(d) No Control Over Other Users
Kinspire does not control the content or conduct of other users in live sessions or community spaces. We are not required to monitor, police, or remove any User Content, and we assume no liability for User Content or the conduct of other users. We do not conduct background checks on users and do not verify the accuracy of user statements.
(e) Live Session Acknowledgments
By participating in any live session, you acknowledge and agree that:
- live sessions are designed to provide general parenting guidance and peer support and are not healthcare, therapy, or mental health services
- you are fully responsible for your physical and mental wellbeing during sessions and for all decisions arising from your participation
- you will maintain the confidentiality of information shared by other participants
- you will act courteously and respectfully toward all participants
- you waive and release Kinspire and its employees, directors, and officers from any and all liability arising from your participation in a live session
1:1 Coaching Sessions
(a) Overview
Kinspire offers 1:1 parent coaching sessions ("Coaching Sessions") as a paid feature of the Service. Coaching Sessions are conducted by Kinspire's clinician team — which includes licensed occupational therapists and specialists in developmental differences — and are designed to provide individualized guidance grounded in Kinspire's Precision Parenting™ methodology. During a Coaching Session, your clinician may review insights from your Dawn Clinical Profile to give you the most relevant, family-specific support. Sessions may be conducted via video, phone, or other communication platform designated by Kinspire.
Not Therapy; No Professional Treatment Relationship
NOT THERAPY; NO PROFESSIONAL TREATMENT RELATIONSHIP. COACHING SESSIONS ARE NOT THERAPY, COUNSELING, PSYCHOTHERAPY, OR ANY FORM OF LICENSED MENTAL HEALTH OR MEDICAL SERVICE. Kinspire's coaches and clinicians do not provide diagnosis, assessment, prognosis, or treatment of any mental health, behavioral, developmental, or medical condition during Coaching Sessions. No therapist-patient, physician-patient, psychologist-patient, or other licensed professional-client relationship is created between you and Kinspire or any coach as a result of a Coaching Session — even if your coach holds a professional license. Kinspire strongly encourages you to maintain any existing professional healthcare relationships and not to discontinue any prescribed treatment or therapy based on coaching guidance.
(b) Booking, Cancellation & Rescheduling
Coaching Sessions must be booked in advance through the Service. Once booked:
- Cancellations made more than 24 hours before the scheduled session will receive a full credit toward a future Coaching Session
- Cancellations made within 24 hours of the scheduled start time, or failure to attend without prior notice ("No-Show"), will result in forfeiture of the session fee with no credit or refund
- Rescheduling requests made more than 24 hours in advance will be accommodated subject to clinician availability
- Kinspire reserves the right to cancel or reschedule a session due to clinician unavailability, technical issues, or other circumstances, in which case you will receive a full credit or, at your election, a full refund of the session fee
(c) Pricing & Payment
Coaching Session fees are specified on the Service at the time of booking. All fees are in U.S. dollars and are due in full at the time of booking. Coaching Session fees are separate from and in addition to any subscription fees. Purchased Coaching Session credits must be used within twelve (12) months of the date of purchase, after which unused credits will expire with no refund.
(d) Recordings & Clinical Notes
Kinspire may record Coaching Sessions and use session insights to update your Dawn Clinical Profile, for quality assurance, and for service improvement. You will be notified at the start of each session if recording is taking place, and you may opt out of recording before the session begins. Session recordings and clinical notes are the property of Kinspire. You may request a copy of your session recording by contacting hello@kinspirehealth.com.
(e) User Acknowledgments for Coaching Sessions
By booking and participating in a Coaching Session, you acknowledge and agree that:
- Coaching Sessions are for educational guidance and family support only — they are not a substitute for licensed medical or mental health treatment
- No professional treatment relationship of any kind is formed between you and your coach or Kinspire
- You are solely responsible for your physical and mental wellbeing and for all decisions you make in connection with a Coaching Session
- You are responsible for any information you disclose during a Coaching Session, and such information may not be protected under HIPAA or similar healthcare privacy laws
- If you or your child are experiencing a mental health crisis, medical emergency, or any risk of harm, you will immediately discontinue the session and contact emergency services
- You waive and release Kinspire and its employees, directors, officers, and coaches from any and all liability arising from your participation in a Coaching Session
Kinspire may terminate your access to Coaching Sessions at any time, in its sole discretion, for any reason including violation of these Terms.
Dawn — Kinspire's AI Clinical Profile
(a) What Dawn Is
Dawn is Kinspire's AI-powered Clinical Profile ("Dawn"). Dawn learns about your family over time — drawing from clinical assessments, conversations, and live sessions — to build a picture of your child that grows more accurate and useful the more you use Kinspire. Dawn uses this knowledge to generate personalized strategies, surface relevant insights, and help your Kinspire clinicians see the whole picture before your Coaching Session. Your interaction with Dawn is with an artificial intelligence system, not a human.
Not Therapy; Not Professional Advice
NOT THERAPY; NOT PROFESSIONAL ADVICE. Dawn is not therapy, counseling, psychotherapy, or any form of licensed mental health or medical service. Dawn does not diagnose, assess, prognose, or treat any condition. Dawn may generate inaccurate or misleading results due to data limitations or inherent AI constraints. Dawn's outputs are for informational and family-support purposes only and should not be solely relied upon for important decisions. You are responsible for independently verifying the accuracy of any information Dawn provides and for consulting a qualified professional when necessary.
(b) How Dawn Learns Your Family
Dawn builds your family's Clinical Profile through three inputs:
- Clinical Assessments — not questionnaires, but conversations. Dawn learns your child's profile through ongoing dialogue, not a one-time form.
- Conversations — every hard moment you share with Dawn adds to your family's clinical knowledge.
- Live Sessions — what you share in group sessions and with your clinician informs your Clinical Profile over time.
(c) User Acknowledgments for Dawn
By interacting with Dawn, you acknowledge and agree that:
- Dawn is designed to offer general parenting guidance grounded in Kinspire's content and methodology; it cannot offer advice outside that scope
- Dawn is not intended to replace face-to-face therapy, diagnose or treat any condition or disorder, or provide any state-regulated mental health services
- You are fully responsible for your physical and mental wellbeing while using Dawn, including all choices and decisions arising from your use, and you expressly assume the risks of that use
- You will use commercially reasonable efforts to keep your Dawn conversations private and your device secure
- If you or your child have any medical conditions, you have consulted a healthcare professional before relying on Dawn
- You waive and release Kinspire and its employees, directors, and officers from any and all liability arising from your interaction with Dawn
Kinspire cannot represent or warrant that Dawn's output will not incorporate third-party content or infringe third-party intellectual property rights. Kinspire may terminate your access to Dawn at any time, at its sole discretion, for any reason.
(d) Data Use & AI Training
You acknowledge and agree that Kinspire may use your interactions with Dawn to train and improve the underlying models, Clinical Profile engine, and functionality, exclusively for the purpose of enhancing the Service for you and other families. Any such use will be governed by our Privacy Policy. We may transfer, store, and process data outside your region in accordance with applicable law.
(e) Crisis & Emergency Situations
If you are having suicidal thoughts, feel that you or your child may be in danger, or are experiencing a mental health or medical emergency, please discontinue using Dawn immediately and call 911 or dial 988 (Suicide & Crisis Lifeline).
Your User Content
(a) Your Responsibility
You are responsible for all information, opinions, messages, comments, photos, videos, and other content you submit or post through the Service, in live sessions, or in Coaching Sessions ("User Content"). You may not upload content protected by copyright, trademark, or other proprietary right without the express permission of the owner. You bear sole liability for any damage resulting from infringement of rights or any other harm arising from your User Content.
(b) License to Kinspire
Any User Content you provide is provided on a non-proprietary and non-confidential basis. You hereby grant to Kinspire a non-exclusive, perpetual, irrevocable, transferable, royalty-free, worldwide license (including the right to sublicense) to use, reproduce, process, adapt, publicly display, modify, publish, transmit, and distribute your User Content in any form or medium now known or hereafter developed, in order to provide and improve the Service.
(c) Derivative Works
You grant Kinspire full authority to develop derivative works based on your Pre-Existing Content using the App, Site, and Services. All derivative works developed using the Service belong solely to Kinspire, and you will have a non-exclusive license to use them through the Service.
Service Use Restrictions & Intellectual Property
(a) Definition of "Service"
As used in these Terms, "Service" means: (i) www.kinspirehealth.com and any affiliated Kinspire websites, hosted applications, and mobile or downloadable applications; (ii) workshops, audio, video, articles, newsletters, strategies, deep dives, insights, and other content made available to you, paid or free ("Available Content"); (iii) Dawn, Kinspire's AI Clinical Profile; (iv) Coaching Sessions; (v) live sessions including Support Groups, Workshops, and Office Hours; and (vi) any current or future community features hosted as part of the Service.
(b) Restrictions on Use
All Available Content and other aspects of the Service are protected by copyright and are owned, controlled, or licensed by Kinspire. You may not: (i) sell, rent, copy, republish, transmit, translate, or distribute any Available Content without Kinspire's express prior written consent; (ii) remove any proprietary notices or labels; (iii) attempt to circumvent any digital rights management or content protection system; or (iv) use the Service for any commercial or illegal purpose.
(c) Limited License
Subject to your compliance with these Terms, Kinspire grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to install and use the App on a device you own or control, and to access and use Available Content for your personal, non-commercial purposes. All other rights are reserved.
(d) Irreparable Harm
Any breach of this Section 9 would cause irreparable harm to Kinspire for which monetary damages alone would be inadequate. Accordingly, Kinspire is entitled to seek injunctive relief to prevent or restrain any breach or threatened breach, in addition to any other remedies at law or in equity.
Availability of Service
Kinspire uses reasonable efforts to ensure the Service is available 24 hours a day, 7 days a week. However, there will be occasions when the Service is interrupted for maintenance, upgrades, repairs, or due to failures of telecommunications links and equipment beyond Kinspire's control. Kinspire regularly updates Available Content and may change or remove it at any time without notice. We make no guarantee as to the resolution or quality of streamed content.
Paid Content & Subscription Services
Kinspire offers subscription access to premium Available Content, live sessions, and the Dawn Clinical Profile on a monthly, quarterly, or annual basis, payable in advance. Members may also purchase Coaching Sessions separately, as described in Section 6.
All fees are in U.S. dollars. Except as expressly set forth herein, all fees are non-refundable once paid. Promotional or trial discounts are temporary and may be terminated in Kinspire's sole discretion. You agree to pay the applicable subscription fee in exchange for access to premium Available Content and features.
Payment is accepted via credit and debit cards (Visa, MasterCard, American Express, and Discover). Kinspire uses Stripe (stripe.com) as its payment processor; your payment information is handled in accordance with Stripe's Privacy Policy and Terms of Service.
Automatic Renewal
Automatic Renewal
IMPORTANT: KINSPIRE WILL AUTOMATICALLY RENEW YOUR MEMBERSHIP ON EACH MONTHLY, QUARTERLY, OR YEARLY (AS APPLICABLE) ANNIVERSARY OF THE DATE KINSPIRE FIRST CHARGES YOUR PAYMENT METHOD, AND WILL CHARGE YOUR PAYMENT METHOD FOR THE APPLICABLE SUBSCRIPTION FEE AND ANY APPLICABLE TAXES — UNLESS YOU CANCEL PRIOR TO THE RENEWAL DATE. YOU MAY CANCEL AT ANY TIME THROUGH YOUR ACCOUNT SETTINGS OR BY CONTACTING US AT HELLO@KINSPIREHEALTH.COM. SUBSCRIPTION FEES CHARGED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION WILL NOT BE REFUNDED. YOU WILL NOT BE ELIGIBLE FOR A PRO-RATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR ANY UNUSED DAYS OF THE THEN-CURRENT SUBSCRIPTION TERM.
Cancellation Terms
You may cancel your subscription at any time through your Account Settings or by emailing hello@kinspirehealth.com. Cancellation will take effect at the end of your then-current subscription term. Subscription fees charged prior to cancellation will not be refunded, in whole or in part. You will continue to have access to Member benefits — including live sessions, Dawn, and Available Content — until the end of the subscription term for which you have paid.
Kinspire requires a reasonable amount of time to process cancellation requests.
Refunds
Kinspire is confident that our content, live sessions, Dawn, and coaching will provide meaningful support for your family. However, if you do not find the tools and guidance you need, email us at hello@kinspirehealth.com within the first 14 days of initiating your subscription. If we are unable to resolve your concern, we will offer you a full refund ("Kinspire Guarantee"). Please allow 3–5 business days for processing. Refunds are not available on subscriptions after 14 days of purchase.
Kinspire reserves the right to deny a Kinspire Guarantee refund if it determines, in its sole discretion, that you have already redeemed the Kinspire Guarantee on a current or previous account. The Kinspire Guarantee does not apply to Coaching Session fees.
If you subscribed through an App Store, any refund is subject to that App Store's return policy. Contact the applicable App Store directly for assistance. Kinspire has no refund obligations for purchases made through App Stores.
Third-Party Links & Services
The Service may contain links to or integrations with third-party websites, tools, and services such as video conferencing platforms and payment processors. By using these features, you may be subject to the terms and policies of those third parties. Third-party services are not under Kinspire's control, and Kinspire is not responsible for third-party content, products, services, or privacy practices. IF YOU ACCESS OR USE ANY THIRD-PARTY PRODUCTS OR SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK. Please review the terms of use and privacy policies of any third-party services before sharing information with them.
Not Medical Advice; No Professional Relationship
Not Medical Advice
THE SERVICE IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. NOTHING ON THE SERVICE CONSTITUTES MEDICAL ADVICE, DIAGNOSIS, PROGNOSIS, TREATMENT, OR THE PRACTICE OF MEDICINE OR ANY OTHER LICENSED HEALTHCARE PROFESSION. THE CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING CONTENT FROM DAWN, LIVE SESSIONS, AND COACHING SESSIONS, IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
(a) No Therapy or Clinical Services
Kinspire is not engaged in rendering medical advice, clinical psychology, therapy, counseling, or other mental health or medical services through the Service. All Available Content, Dawn, live sessions, Coaching Sessions, and all other aspects of the Service are provided for general educational guidance and family support purposes only — built on Kinspire's Precision Parenting™ methodology. Nothing in the Service is intended to create any licensed professional relationship between you and Kinspire or any of its representatives, including any therapist-patient, physician-patient, or counselor-client relationship.
(b) Scope of Content
Although the Service addresses topics related to child development, neurodevelopmental differences (including ADHD, autism, dyslexia, anxiety, OCD, giftedness, and twice-exceptional profiles), parenting strategies, and emotional well-being, all such content is intended as general educational and informational guidance only. No content on the Service should be used as the sole basis for decisions about your child's education, health, behavioral treatment, or welfare without first consulting a qualified licensed professional familiar with your specific circumstances.
(c) Assumption of Risk
Kinspire assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on content, guidance, or information on the Service, including output from Dawn. ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEALTHCARE PROFESSIONALS WITH ANY QUESTIONS ABOUT A MEDICAL OR MENTAL HEALTH CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING CARE BECAUSE OF SOMETHING YOU ENCOUNTERED ON THIS SERVICE.
If you or your child have been diagnosed with, or if you suspect any medical, psychiatric, developmental, or learning-related condition, discuss your specific circumstances with a licensed healthcare professional before relying on or applying any content from the Service.
Limitation of Liability & Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL CONTENT AND MATERIALS — INCLUDING DAWN OUTPUTS, LIVE SESSION CONTENT, AND COACHING GUIDANCE — ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," WITHOUT ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL KINSPIRE BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST SAVINGS, LOSS OF DATA, OR ANY SIMILAR DAMAGES, ARISING FROM: (A) YOUR USE OF THE SERVICE, DAWN, LIVE SESSIONS, OR COACHING SESSIONS; (B) THE SERVICE'S SECURITY, OPERABILITY, OR AVAILABILITY; (C) ANY INFORMATION, ADVICE, OR SERVICES OBTAINED THROUGH OR ADVERTISED ON THE SERVICE; (D) STATEMENTS, CONDUCT, OR INTERACTIONS WITH ANY OTHER USER OR THIRD PARTY; OR (E) ANY OTHER CLAIM RELATED IN ANY WAY TO THE SERVICE.
Kinspire's aggregate liability to you for all claims relating to the Service is limited to the greater of $20 or the amounts paid by you to Kinspire in the past twelve (12) months. These limitations do not apply to Kinspire's liability for gross negligence, fraud, or intentional misconduct. Some jurisdictions do not allow certain liability limitations, so the above may not fully apply to you.
Indemnification
To the full extent permitted by applicable law, you agree to indemnify, defend, and hold Kinspire and its officers, directors, shareholders, employees, contractors, and agents harmless from any costs, damages, liabilities, and expenses (including attorneys' fees) arising from: (a) your violation of these Terms; (b) your use or misuse of the Service; (c) your User Content; (d) your violation of any law or the rights of a third party; or (e) any incorrect or fraudulent information you provide in connection with the Service. You agree to cooperate with Kinspire in defending such claims and not to settle any claim without Kinspire's prior written consent.
Dispute Resolution & Arbitration
Read Carefully — This Affects Your Legal Rights
This section requires binding arbitration of disputes and includes a class action waiver. By accepting these Terms, you waive your right to a jury trial and to participate in class action litigation, with limited exceptions.
(a) Informal Resolution First
Before initiating any formal dispute, you and Kinspire agree to try to resolve disputes through good faith discussions. Contact us at privacy@kinspireapp.com. If we cannot resolve the issue within ninety (90) days of your written notice, either party may proceed to arbitration.
(b) Binding Arbitration
IF YOU AND KINSPIRE ARE UNABLE TO REACH A RESOLUTION, EITHER PARTY MAY ELECT TO SETTLE THE DISPUTE EXCLUSIVELY THROUGH BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (www.adr.org) AT ITS DENVER, COLORADO OFFICE. ANY ELECTION TO ARBITRATE BY ONE PARTY WILL BE FINAL AND BINDING ON THE OTHER. IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL.
(c) Individual Claims Only
ANY ARBITRATION OR LEGAL PROCEEDING WILL BE LIMITED TO THE DISPUTE BETWEEN KINSPIRE AND YOU INDIVIDUALLY. YOU WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. An arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding.
(d) Time Limit
Any claim or cause of action arising out of or related to your use of the Service or these Terms must be brought within one (1) year from the date the claim accrued or be forever barred.
(e) Opting Out
You may opt out of this arbitration agreement by notifying Kinspire in writing within 30 days of first becoming subject to this provision. Send your opt-out notice to:
Kinspire Inc., ATTN: Arbitration Opt-out
3700 Quebec St #100-311
Denver, CO 80207
Include your name, residence address, the email address used for your Kinspire account, and a clear statement that you want to opt out.
(f) Governing Law
These Terms are governed by the laws of the State of Colorado without regard to its conflict of laws principles. Any arbitration conducted pursuant to these Terms is governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16). You agree to submit to the personal jurisdiction of the federal and state courts located in Denver, Colorado for any actions for which Kinspire seeks injunctive or equitable relief.
(g) Severability
If any clause within this Section (other than the Class Action Waiver) is found illegal or unenforceable, that clause will be severed and the remainder will remain in full force. If the Class Action Waiver is found illegal or unenforceable, this entire Section will be unenforceable and the dispute will be decided by a court.
Term & Termination
These Terms are effective when you first access or use the Service and continue until terminated. Kinspire may, in its sole discretion, suspend or terminate your access to the Service for any reason, including if Kinspire believes you have violated these Terms, if termination is in the best interest of the Kinspire community, or to protect our brand. Suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement.
You agree that Kinspire may immediately deactivate your account and delete your account information without prior notice. You should retain copies of any User Content you post to the Service. If Kinspire terminates your access for any reason other than your breach of these Terms, Kinspire will refund the pro-rated portion of prepaid subscription fees you have not yet used. Upon termination or your written request, Kinspire will work with you to delete your User Content in accordance with applicable law.
Copyright Infringement (DMCA)
Kinspire respects the intellectual property rights of others and may, in appropriate circumstances, terminate the accounts of users who infringe such rights. If you believe your work has been infringed on the Service, please provide our designated agent with:
- A physical or electronic signature of a person authorized to act on behalf of the copyright or trademark owner
- Identification of the work claimed to have been infringed
- Identification of the infringing material with sufficient information for Kinspire to locate it
- Your contact information (address, telephone number, and email address)
- A statement of good faith belief that the use is not authorized by the owner, its agent, or the law
- A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner
Designated Agent:
Kinspire Inc., Attn: Copyright Agent
3700 Quebec St #100-311, Denver, CO 80207
Email: copyright@kinspireapp.com
Apple App Store Notice
This section applies only if you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Kinspire only — not with Apple Inc. ("Apple"). Apple is not responsible for the Service or its content, and has no obligation to furnish maintenance and support services for the Service.
If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the applicable purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for addressing any claims relating to the Service, including product liability claims or regulatory compliance claims.
Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.
General Provisions
The Service is controlled and operated from the United States. Those who access the Service from other jurisdictions do so at their own risk and are solely responsible for compliance with applicable laws. You may not use the Service if you are a resident of a country embargoed by the United States or listed on any U.S. Government list of prohibited or restricted parties.
These Terms are not assignable, transferable, or sublicensable by you without Kinspire's prior written consent, but may be assigned by Kinspire to any affiliate or subsidiary, or in connection with a merger, acquisition, or sale of assets.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force. No joint venture, partnership, employment, or agency relationship exists between you and Kinspire as a result of these Terms. These Terms, together with our Privacy Policy and Notice of Privacy Practices, constitute the entire agreement between you and Kinspire with respect to the Service. The following provisions survive termination: intellectual property rights, disclaimer of warranties, indemnification, limitation of liability, and dispute resolution.
Contact Us
Questions, comments, or reports of violations of these Terms:
Kinspire Inc.
3700 Quebec St #100-311
Denver, CO 80207
Privacy & legal: privacy@kinspireapp.com
General support: hello@kinspirehealth.com
Phone: (844) 695-4677
Legal notices to Kinspire shall be given by certified postal mail to the address above, Attn: Legal, or by email to privacy@kinspireapp.com (Attn: Legal). Any notice to you shall be given to the most current email address in your account.
These Terms of Use are provided for informational purposes. For questions about your rights or obligations, contact Kinspire using the information in Section 24.
