Terms of Service

Last updated: July 10, 2026

These Terms of Service (“Terms”) govern your access to and use of kind365 (the “Service”), including mobile apps, web and desktop clients, and related family, education, business, and church features. The Service is operated from Colorado, United States.

By creating an account, downloading the app, or using kind365, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. The Service

kind365 helps users build a daily kindness habit through reminders, tracking acts of kindness, streaks, communities, optional charity-related features, and family/education tools. Features may differ by platform (iOS, Android, web, desktop) and account type (adult, child, teacher portal, etc.).

We may modify, suspend, or discontinue features with or without notice, subject to applicable law and any non-cancellable paid subscriptions governed by Apple or Google.

2. Eligibility & Accounts

2.1 Adults

To create a standard account (email/phone), you must be able to form a binding contract under applicable law. If you are under the age of majority in your jurisdiction, you may use kind365 only with involvement of a parent or guardian as described below.

2.2 Children & parent-managed accounts

Child accounts are created and managed by a parent or legal guardian through an adult account (username + PIN; no email required for the child). By creating a child account you represent that:

You are the child’s parent or legal guardian (or have legal authority to consent)
You consent to the child’s use of the Service under these Terms and the Privacy Policy
You will supervise the child’s use and keep PIN credentials secure
You will not enable adult-only features for the child (ads, paid subscriptions, etc.)

Parents may switch into a child profile and switch back. Return-to-parent access is a convenience feature for the parent’s device session and does not grant the child independent rights to the parent account.

2.3 Education & organizations

Teachers, schools, employers, and faith communities may use organizational codes and portals. You represent that you have authority to create or join the organization account and that student/employee/member use complies with your organization’s policies and applicable law (including student privacy rules). Organizations are responsible for notices and consents required for their users.

2.4 Account security

You are responsible for activity under your accounts (including child accounts you manage). Keep passwords and PINs confidential. Notify us promptly of unauthorized access at contact@kind365.app.

3. Acceptable Use

You agree not to:

Use the Service for unlawful, harmful, harassing, or abusive purposes
Impersonate others or misrepresent affiliation with a school or organization
Attempt to access another user’s account without authorization
Reverse engineer, scrape, overload, or disrupt the Service except as allowed by law
Upload malware or interfere with security or integrity of the Service
Use adult advertising or payment features in a way designed to target children
Violate any third-party rights or App Store / Play Store terms applicable to you

Kindness content is for personal growth and community good. Logging acts does not create a legal duty for us to verify real-world behavior.

4. User Content & License

You retain ownership of content you submit (such as usernames, display names, and activity logs). You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, and display that content solely to operate and improve the Service. Public usernames and related public metrics may be visible to other users as described in the Privacy Policy.

You represent you have the rights needed to submit content and that it does not violate law or third-party rights.

5. Communities, Leaderboards & Sprints

Features such as friends lists, leaderboards, class/company/church links, and Kindness Sprints are provided for motivation and community. Rankings and tallies may be approximate, delayed, or reset. We may moderate or remove abusive usernames or accounts.

6. Charity Features, Ads & Donations

Optional Ads for Charity and charity voting are adult features. Ads are off by default and are not shown in Kids Mode. When ads are enabled, proceeds beyond basic operating costs are intended for charitable purposes as we describe in-product; timing of disbursements, partners, and amounts may change. Charity voting outcomes depend on participation and our finalization processes.

Kindness Sustainer and similar contributions are optional recurring purchases processed by Apple or Google, not a tax-advice product. Receipts and tax treatment depend on your situation and any separate nonprofit status we may hold; consult your advisor for tax questions.

7. In-App Purchases & Subscriptions

Optional purchases (e.g., streak repair packs, Kindness Sustainer) are available only on supported platforms for eligible adult accounts. Payment is charged to your Apple ID or Google Play account. Subscriptions renew until canceled in your platform’s subscription settings. Refunds are handled by Apple or Google under their policies, except where law requires otherwise.

Virtual items (including repair tokens) have no cash value, are non-transferable, and may be modified if we rebalance gameplay, subject to applicable law.

8. Intellectual Property

The Service-including software, design, Kindly character, branding, and content we provide-is owned by us or our licensors and protected by intellectual property laws. You receive a limited, revocable, non-exclusive, non-transferable license to use the Service for personal or authorized organizational use under these Terms. You may not copy, modify, or create derivative works except as permitted by law.

9. Third-Party Services

The Service relies on third parties (including Google Firebase, Apple, Google Play, and optional AdMob). Their terms and privacy policies apply to their services. We are not responsible for third-party services we do not control.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or that kindness tracking will meet educational, therapeutic, or organizational requirements.

kind365 is not a substitute for professional mental health care, educational services, or emergency services.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) FIFTY U.S. DOLLARS (US $50).

Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law. Nothing in these Terms limits liability that cannot be limited under Colorado or other applicable law (including liability for fraud or willful misconduct, or rights that cannot be waived for consumers).

12. Indemnity

You will defend and indemnify us against claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your misuse of the Service, your content, your violation of these Terms, or your violation of any law or third-party right-except to the extent caused by our willful misconduct.

13. Termination

You may stop using the Service at any time and may request account deletion as described in the Privacy Policy. We may suspend or terminate access if you violate these Terms, create risk or legal exposure, or if we discontinue the Service. Provisions that by nature should survive (including intellectual property, disclaimers, limitations, and indemnity) will survive termination.

14. Governing Law & Disputes

These Terms are governed by the laws of the State of Colorado, USA, without regard to conflict-of-law rules, except where mandatory consumer protections in your place of residence apply.

Except where prohibited, you agree that courts located in Colorado shall have exclusive jurisdiction over disputes arising from these Terms or the Service, and you consent to personal jurisdiction there. If you are a consumer entitled to bring claims in your home jurisdiction, that right remains to the extent required by law.

Informal resolution: Before filing a claim, you agree to try to resolve the dispute informally by emailing contact@kind365.app with a brief description. We will attempt to resolve in good faith within 30 days.

15. Apple & Google Platform Terms

If you download the app from the Apple App Store or Google Play, you acknowledge that these Terms are between you and us, not Apple or Google. Apple and Google are not responsible for the Service or its content. Your use must also comply with the applicable App Store or Google Play terms. To the extent required by Apple’s standard licensed application EULA, Apple is a third-party beneficiary of these Terms with respect to the iOS app.

16. Changes to Terms

We may update these Terms by posting a revised version with a new “Last updated” date. Material changes may be highlighted in the app or on our website. Continued use after the effective date constitutes acceptance, except where additional consent is required by law.

17. Miscellaneous

These Terms and the Privacy Policy are the entire agreement regarding the Service. If any provision is unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Headings are for convenience only.

18. Contact

kind365
Colorado, United States
contact@kind365.app
Privacy: privacy@kind365.app

These Terms are a product legal template tailored to kind365’s features. They are not a substitute for advice from a licensed attorney. Have counsel review before relying on them for App Store submission, school contracts, or formal compliance.