Terms of Service

1. Acceptance of Terms

By downloading, installing, accessing, or using the Kinsight Secure application, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Stillwater Rise Group LLC.

We may update these Terms from time to time as described in Section 14. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

2. Eligibility

You must be at least eighteen (18) years of age to create an account on Kinsight Secure. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

Children under 18 may be added as family group members by an account holder but may not independently create or hold accounts. The account holder is responsible for all activity associated with family members added to their account, including minors.

3. Account Creation and Security

3.1 Account Registration

To use the Service, you must create an account and provide accurate, complete, and current information. You agree to update your information promptly if it changes.

3.2 Passwordless Authentication

Kinsight Secure uses passwordless authentication via biometric verification and device-based cryptographic keys. You are responsible for maintaining the security of the devices associated with your account and for all activity that occurs under your account.

3.3 Account Security

You agree to:

• Maintain the physical security of devices linked to your account.
• Notify us immediately if you suspect unauthorized access to your account.
• Not share your account credentials or device access with unauthorized persons.
• Not attempt to access another user's account without authorization.

We are not liable for any loss or damage arising from your failure to maintain account security.

4. Description of Service

Kinsight Secure is a family safety mobile application that provides:

• Location sharing within user-defined family groups
• Geofencing with configurable alerts
• SOS alerts for emergency situations
• Secure messaging between family group members

4.1 Zero-Knowledge Architecture

The Service is built on a zero-knowledge architecture, meaning that data transmitted and stored through the Service is encrypted such that our servers cannot read or access the content of your communications, location data, or other personal information shared within your family groups. Only members of your designated family group can decrypt and view shared data.

4.2 Data Sharing

Real-time location data and other information shared through the Service is accessible only to members of your user-defined family groups. You control who is included in your family groups and what data is shared.

5. Subscription and Payment Terms

5.1 Subscription Plans

Access to Kinsight Secure requires a paid subscription. The following plans are available:

• Kin Plan: $8.99 per month (up to 2 members)
• Family Plan: $14.99 per month (up to 4 family members)
• Household Plan: $24.99 per month (up to 8 family members)

For groups larger than 8, contact support@kinsightsecure.com for a custom plan. Business plans are available by direct negotiation.

Pricing is subject to change. We will provide reasonable notice before any price changes take effect for existing subscribers.

5.2 Payment Processing

All payments are processed through Stripe, Inc. (“Stripe”), a third-party payment processor. By subscribing, you agree to Stripe's terms of service and privacy policy. We do not store your full payment card information on our servers.

5.3 Billing and Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method on file for all recurring subscription fees.

5.4 Cancellation and Refunds

You may cancel your subscription at any time through the App or by contacting us. Cancellation takes effect at the end of the current billing period. We do not provide prorated refunds for partial billing periods. Refund requests for other circumstances will be evaluated on a case-by-case basis at our discretion.

5.5 Failed Payments

If a payment fails, we may attempt to charge your payment method again. If payment cannot be collected after reasonable attempts, your access to paid features may be suspended or terminated.

6. Acceptable Use Policy

You agree not to use the Service to:

1. Violate any applicable local, state, national, or international law or regulation.
2. Stalk, harass, threaten, intimidate, or monitor any person without their knowledge and consent.
3. Track the location of any individual who has not consented to being tracked, except for minor children under your legal guardianship.
4. Transmit any content that is unlawful, defamatory, obscene, or otherwise objectionable.
5. Interfere with or disrupt the Service or servers or networks connected to the Service.
6. Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
7. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App, except as permitted by applicable law.
8. Use the Service for any commercial purpose not expressly authorized by the Company.
9. Use automated systems, bots, or scripts to access or interact with the Service.
10. Circumvent or attempt to circumvent any security features of the Service.

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this policy, including without limitation, suspending or terminating accounts and reporting violations to law enforcement.

7. Intellectual Property

7.1 Ownership

The Service, including all software, design, text, graphics, interfaces, and underlying technology, is owned by Stillwater Rise Group LLC and is protected by United States and international intellectual property laws.

7.2 Patent Pending

The technology underlying Kinsight Secure is the subject of a pending United States patent application. All rights in and to the patented and patent-pending technology are reserved by the Company.

7.3 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on devices you own or control, solely for your personal, non-commercial use.

7.4 Restrictions

You may not:

• Copy, modify, or distribute the App or any portion thereof.
• Sublicense, sell, lease, or otherwise transfer the App or any rights therein.
• Remove, alter, or obscure any proprietary notices in the App.
• Use the Company's trademarks, logos, or trade names without prior written consent.

7.5 User Data

You retain ownership of all data you create and share through the Service. By using the Service, you grant us a limited license to process your data solely as necessary to provide and improve the Service, subject to our zero-knowledge architecture and Privacy Policy.

8. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. The Privacy Policy is incorporated into these Terms by reference. By using the Service, you consent to the practices described in the Privacy Policy.

Due to our zero-knowledge architecture, we have no ability to access, read, or decrypt the content of data shared within your family groups.

9. Emergency Features Disclaimer

IMPORTANT — PLEASE READ CAREFULLY

Kinsight Secure includes SOS alert and other emergency-related features. These features are provided as supplementary tools and ARE NOT A SUBSTITUTE FOR CALLING 911 OR OTHER EMERGENCY SERVICES.

You acknowledge and agree that:

1. The Service is not an emergency service provider. The SOS alert feature sends notifications to members of your family group only. It does not contact police, fire, medical, or any other emergency services.
2. Always call 911 (or your local emergency number) first in any emergency situation. Do not rely on the App as your primary or sole means of requesting emergency assistance.
3. The Company makes no guarantee that SOS alerts or other emergency features will be delivered successfully, in a timely manner, or at all. Delivery depends on network connectivity, device status, and other factors beyond our control.
4. The Company is not liable for any injury, death, property damage, or other loss resulting from reliance on the SOS alert feature or any other feature of the Service in an emergency situation.
5. Location accuracy is not guaranteed. Location data provided by the Service may be inaccurate, delayed, or unavailable due to device settings, network conditions, GPS signal quality, or other factors.

BY USING THE EMERGENCY FEATURES OF THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND ACCEPT THESE LIMITATIONS.

10. Disclaimers

10.1 “As Is” and “As Available”

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10.2 No Guarantee of Availability

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Service will be accurate or reliable. The Service may be subject to delays, cancellations, and other disruptions.

10.3 Third-Party Services

The Service may integrate with or rely upon third-party services (including Stripe for payment processing and device operating system features for biometric authentication). We are not responsible for the availability, accuracy, or reliability of any third-party service.

10.4 App Distribution

The App is initially distributed via direct APK download for Android devices. You acknowledge that installing applications from sources outside official app stores may present additional security considerations, and you assume any associated risk. When the App becomes available through official app stores, additional terms from those platforms may apply.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

1. IN NO EVENT SHALL STILLWATER RISE GROUP LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE.
2. IN NO EVENT SHALL THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) TWO HUNDRED FIFTY DOLLARS ($250.00).
3. THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to indemnify, defend, and hold harmless Stillwater Rise Group LLC, its officers, directors, members, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

1. Your use of or inability to use the Service.
2. Your violation of these Terms.
3. Your violation of any intellectual property right, privacy right, or other legally protected right of a third party, where such violation arises from your conduct (not from Company conduct).
4. Your violation of any applicable law or regulation.
5. Any content or data you submit, post, or transmit through the Service.
6. Any misuse of emergency features, including failure to contact emergency services when needed.

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us or using the account management features in the App. Upon termination, your subscription will not renew, but you will retain access through the end of your current billing period.

13.2 Termination by Us

We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to:

• Violation of these Terms or the Acceptable Use Policy.
• Conduct that we determine, in our sole discretion, is harmful to other users, the Company, or third parties.
• Extended periods of inactivity.
• Failure to pay subscription fees.

13.3 Effect of Termination

Upon termination:

• Your license to use the App is revoked.
• You must uninstall and delete all copies of the App from your devices.
• We may delete your account data in accordance with our Privacy Policy and applicable data retention requirements.
• Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 7 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), and 15 (Governing Law).

14. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

1. Update the “Effective Date” at the top of this document.
2. Notify you through the App, via email, or by other reasonable means.
3. Provide at least thirty (30) days' notice before material changes take effect.

Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and cancel your subscription.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law principles.

15.2 Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in the State of Tennessee. You consent to the personal jurisdiction of such courts and waive any objection to venue therein.

15.3 Informal Resolution

Before filing any legal claim, you agree to attempt to resolve the dispute informally by contacting us. We will attempt to resolve the dispute informally within sixty (60) days. If we cannot resolve the dispute informally, either party may proceed with formal legal action.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding your use of the Service and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16.3 Waiver

The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the Company.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without the prior written consent of the Company. The Company may assign these Terms without restriction.

16.5 Force Majeure

The Company shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, acts of government, war, terrorism, pandemics, power failures, internet or telecommunications failures, or other force majeure events.

16.6 Notices

Notices to you may be provided through the App, via email to the address associated with your account, or by other reasonable means. Notices to the Company must be sent to the contact information provided in Section 17.

17. Contact Information

If you have questions about these Terms or the Service, please contact us:

Stillwater Rise Group LLC
State of Tennessee

Support: support@kinsightsecure.com
Privacy inquiries: privacy@kinsightsecure.com