Terms of Use

 

  1. GENERAL TERMS.

These Terms of Use and Additional Terms and Conditions (“Agreement)” set forth the terms and conditions that apply to your access and use of the Koind mobile App as owned and operated by upSHIFT Ideas Inc., its subsidiaries and/or affiliates, Koind, its subsidiaries, affiliates are collectively “Koind.”

 

As used in this Agreement, the term "Sites" includes all Koind websites, pages that are associated or within each website and all devices, applications or services that Koind operates or offers that link to this Agreement. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement and Koind Privacy and Security Policy, as they may be amended from time to time in the future, possibly without notice  (see “Modifications” below). If you do not agree to this Agreement, then you may not use the Services.

 

 

 

 

  1. Accepting the Terms

By using the information, tools, features, software and functionality including content, updates and new releases provided by Koind, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Koind.com website), or a “Customer” (which means that you have registered for an account with us to use any one of our Services.) The term “you” or “User” refers to a Visitor, Member or Customer. The term “we” refers to Koind. If you wish to become a Customer or want to make use of the Services, you must read this Agreement and indicate your acceptance during the registration process.

 

You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Koind.

 

Before you continue, you should print or save a local copy of this Agreement for your records.

 

  1. Privacy and your Personal Information

You can view Koind Privacy Statement here and on the Site for the Services. You agree to the applicable Koind Privacy Statement, and any changes published by Koind. You agree that Koind may use and maintain your data according to the Koind’s Privacy Statement, as part of the Services. You give Koind permission to combine information you enter or upload for the Services with that of other users of the Services and/or other Koind services. For example, this means that Koind may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions. Koind may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.

 

  1. Description of the Services

The Koind Service is a personal finance information management service that allows you to consolidate and track your financial information. The basic Koind Service is provided to you by Koind without charge (it is free) for a specified period of 45 days from time of Koind download and is meant to provide you with your information to allow you to organize and manage your finances.  The period of time for the use of the Koind App may change without notice. Please note that premium services (i.e. Information storage, or family  plans, etc. do have a charge and will commence automatically once the free trial has ended). You have the right to unsubscribe from the premium services and continue to use the Koind App without charge. The Services may also present you information relating to third party products or services (“Koind Offers”) that you may be interested in. The Services may also provide you general tips, recommendations and educational material.

 

  1. Account Information from Third Party Sites

Users may direct Koind to retrieve their own information maintained online by third-parties with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Koind is not responsible for the Account Information or products and services offered by or on third-party sites. Koind cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Koind cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites.

 

  1. Koind Offers and Third-Party Links

Some parts of the Services are supported by sponsored links from advertisers. The Services may display Koind Offers that may be custom matched to you based on information stored in the Services, queries made through the Services or other information. We may disclose when a particular Koind Offer is sponsored or otherwise provided by a third party.

 

In connection with Koind Offers, the Services will provide links to other web sites belonging to Koind advertisers and other third parties. Koind Offers are provided to you as a convenience. Koind does not endorse, warrant or guarantee the products or services available through the Koind Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored. Koind is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Koind does not guarantee that the loan, investment, plan or other service terms, rates or rewards offered by any particular advertiser or other third party on the Sites are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market. Information in the Koind Offers are provided by the third parties, and any offer is subject to the third parties’ review of your information. Koind may receive compensation from third parties which may impact the placement and availability of the Koind Offers.

 

If you elect to use or purchase services from third parties, you are subject to their terms and conditions and privacy policy.

 

  1. Your Registration Information and Electronic Communications

In order to allow you to use the Services, you will need to sign up for an account with Koind. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, or verifying information you provide against third party databases or through other sources. If you do not provide this information or Koind cannot verify your identity, we can refuse to allow you to use the Services.

 

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Sites. That LoginID and password, together with any mobile number or other information you provide form your “Registration Information.” By providing us with your e-mail address, you consent to receive all required notices and information. Electronic communications may be posted on the Services site and/or delivered to your e-mail address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us.

 

You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.

 

If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify Koind immediately at the email address - info@Koind.com.

 

 

  1. Your Use of the Services

Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and Services for lawful purposes. Accurate records enable Koind to provide the Services to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites. In order for the Services to function effectively, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected.

 

Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Koind, in its sole discretion, may elect to take. In no event will Koind be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

 

Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Koind to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.

 

From time to time, Koind may include new and/or updated pre-release features and trial use (“Sneak Preview” features) in Services for your use and which permit you to provide feedback. You understand and agree that your use of Sneak Preview features is voluntary and Koind is not obligated to provide you with any Sneak Preview features. Furthermore, if you decide to use the Sneak Preview features you agree to abide by any rules or restrictions Koind may place on them. You understand that once you use the Sneak Preview features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Sneak Preview feature back to the earlier version. The Sneak Preview features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Sneak Preview features is at your sole risk.

 

  1. Use With Your Mobile Device

Use of these Services are only available through a compatible mobile device, Internet and/or network access. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. KOIND MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

 

  1. Online and Mobile Alerts

Koind may from time to time provide automatic notifications. Notifications may be sent to you following certain changes to your account or information, such as a change in your Registration Information.

 

Voluntary notifications may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Koind may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.

 

You understand and agree that any notifications provided to you through the Services may be delayed or prevented by a variety of factors. Koind may make commercially reasonable efforts to provide notifications in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any notification. Koind shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of a notification; or for any actions taken or not taken by you or any third party in reliance on a notification.

 

Electronic alerts will be sent to the email address you have provided as your primary email address for the Services.

 

  1. Rights You Grant to Us

By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Koind through the Services, you are licensing that content to Koind for the purpose of providing the Services. Koind may use and store the content in accordance with this Agreement and our Privacy Statement. You represent that you are entitled to submit it to Koind for use for this purpose, without any obligation by Koind to pay any fees or be subject to any restrictions or limitations. By using the Services, you expressly authorize Koind to access your Account Information. YOU ACKNOWLEDGE AND AGREE THAT WHEN KOIND IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, KOIND IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. Koind is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.

 

  1. Koind’s Intellectual Property Rights

The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both Canadian and other countries applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to Koind or its software or content suppliers. Koind grants you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.

 

  1. Access and Interference

You agree that you will not:

 

  1. Rules for Posting

As part of the Services, Koind may allow you to post content on bulletin boards, blogs and at various other publicly available locations on the Sites. These forums may be hosted by Koind or by one of our third party service providers on Koind’s behalf. You agree in posting content to follow certain rules.

 

  1. Social media sites

Koind may provide experiences on social media platforms such as Instagram®, Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

 

  1. Disclaimer of Representations and Warranties

THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. KOIND, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

 

NEITHER KOIND OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER KOIND OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 17 OF THIS PROVISION MAY NOT APPLY TO YOU.

 

  1. Not a Financial Planner, Broker or Tax Advisor

NEITHER KOIND NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. KOIND IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Services are intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

 

  1. Limitations on Koind’s Liability

KOIND SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF KOIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, KOIND’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED CANADIAN DOLLARS).

 

  1. Your Indemnification of Koind

You shall defend, indemnify and hold harmless Koind and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Sites or your use of the Services.

 

  1. 19. Ending your relationship with Koind

This Agreement will continue to apply until terminated by either you or Koind (or any Koind affiliate/subsidiary)

as set out below. If you want to terminate this legal agreement for the Services, you may do so as follows:

To close your account, please send an email to info@koind.com with the request. Upon request, Koind can and will delete your user account and all information from the database and storage.

 

  1. Modifications

Koind reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. Koind reserves the right to change the Services, including applicable fees and length of time the Koind App is free of charge, in our sole discretion and from time to time. In such event, if you are a paid user to the Koind Services, Koind will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Koind shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.

 

Koind may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.

 

  1. Governing Law and Forum for Disputes

The province of Ontario law governs this Agreement without regard to its conflicts of laws provisions.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS OF USE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND KOIND ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

 

  1. Allegations of Copyright and Trademark Infringements; Notification

Koind respects the intellectual property rights of others and Koind asks that users of the Site and Services do the same. Koind abides by the rules and regulations set out in Bill C-11 (Copyright Modernization Act).

 

Any information or correspondence that you provide to Koind may be shared with third parties, including the person who provided Koind with the allegedly infringing material.

 

Upon receipt of a bona fide infringement notification by Koind, it is Koind’s policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user's access to the service.

 

  1. SUPPLEMENTAL TERMS AND CONDITIONS FOR THE SERVICES.

These Supplemental Terms and Conditions apply for Koind and shall prevail over any conflict or inconsistency with the Agreement above. Capitalized terms not otherwise defined below have the meanings provided in the General Terms above.

 

  1. Apple Requirements.

If you downloaded any of the Services or product from the Mac App Store, the following terms also apply to you:

  1. Acknowledgement : You acknowledge that this Agreement is between you and Koind only, and not with Apple, and Koind, not Apple, is solely responsible for the Software and the content thereof.
  2. Scope of License : The license granted to you for the Software is a limited, non-transferable license to use the Software on Mac product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.
  3. Maintenance and Support : Koind and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
  4. Warranty : Koind is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App/Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Koind’s sole responsibility.
  5. Product Claims : Koind, not Apple, is responsible for addressing any user or third party claims relating to the App/Software or the user’s possession and/or use of the App/Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  6. Intellectual Property Rights : You acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, Koind, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  1. Developer Contact Info : Direct any questions, complaints or claims to: upSHIFT Ideas Inc., 37 Fagan Drive Georgetown, ON Canada L7G 4P4 or com
  2. Third Party Terms of Agreement : You must comply with any applicable third party terms of agreement when using the App/Software.
  3. Third Party Beneficiary : You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereo.

, availability

  1. Acknowledgement

BY INSTALLING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN.pricing, fees, service and support options subject to change wit

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Revision date: January 14, 2017