Acceptance of Terms
By accessing or using the Kinnwell website, mobile applications, or any of our related services (collectively, the "Services"), you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Services.
These Terms apply to all visitors, users, and others who access the Services, including Personnel of our Clients and Residents or their representatives.
Definitions
- "Client" refers to the organization (e.g., senior living community, skilled nursing facility) that has subscribed to Kinnwell's Services.
- "Personnel" refers to employees, contractors, or agents of the Client who use the Services to provide care or administration.
- "Resident" refers to a patient or resident of the Client receiving care facilitated by the Services.
- "You" or "User" refers to any individual accessing the Services, whether as Personnel, a Resident, or a Resident Representative.
Eligibility
You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding contract.
The Services are controlled and operated from the United States. We make no representation that the Services are appropriate or available for use in other locations.
Use License & Restrictions
Subject to these Terms, Kinnwell grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for their intended internal business or personal purpose.
Prohibited Conduct
You agree not to:
- Use the Services for any illegal purpose or in violation of any local, state, national, or international law.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive usage patterns or source code of the Services.
- Upload or transmit viruses, malware, or any other type of malicious code.
- Interfere with security-related features of the Services.
- Harass, abuse, or harm another person or Entity through use of the Services.
Intellectual Property
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Kinnwell, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
User Submissions
Any data or content you upload to the Services ("User Content") remains your property (or the property of the Client/Resident as applicable). You grant Kinnwell a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such User Content strictly as necessary to provide, improve, and secure the Services.
Financial Terms
If you are a Client, your use of the Services is subject to the fees and payment terms set forth in your Service Agreement / Order Form. Failure to pay applicable fees may result in the suspension or termination of your access to the Services.
Disclaimers
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KINNWELL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DATA OR CONTENT PROVIDED WILL BE ACCURATE OR RELIABLE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KINNWELL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL KINNWELL'S AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID KINNWELL, IF ANY, IN THE PAST 12 MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
Termination
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
General Provisions
- Governing Law: These Terms shall be governed and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
- Changes: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms.
- Contact Us: If you have any questions about these Terms, please contact us at legal@kinnwell.com.
