kndlng is operated by Jiva Creative, LLC, 909 Marina Village Pkwy, #139, Alameda, CA 94501, United States. These Terms of Service are a binding agreement between you and Jiva Creative, LLC about your use of the kndlng website, the kndlng mobile apps and every related service. These Terms call all of that the Service, and call Jiva Creative, LLC "kndlng", "we" and "us".
By creating an account, signing a form, making a payment or otherwise using the Service, you agree to these Terms and to our Privacy Policy. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT USE THE SERVICE.
Section 21 requires most disputes to be resolved by individual binding arbitration and waives class actions. Please read it.
1. Who can use kndlng
kndlng is built for parent teacher organizations, schools, clubs and other community organizations, and for the adults who run them, belong to them and support them. You must be at least 18 years old to create an account. Children do not create accounts. Where an organization adds a child to its roster, the organization and the child's parent or guardian are responsible for that information, as described in section 3 and in our Privacy Policy, which explains how we handle children's information under COPPA.
The Service is offered in the United States. If you use it from somewhere else, you are responsible for following your local laws.
2. Organizations, accounts and roles
Each organization on kndlng is its own account, and its information is kept separate from every other organization's. The person who creates an organization becomes its Owner. The Owner and the people they give administrative roles decide who belongs to the organization, what each member can do, and what the organization publishes. They are responsible for keeping roles current and removing access when a volunteer or staff member leaves.
You agree to give accurate information when you register and to keep it current. Keep your password private, turn on two factor sign in when we ask you to, and tell us right away at security@kndlng.pro if you think someone else has used your account. You are responsible for what happens under your account. We may change a username or organization name that is offensive or misleading.
3. Student and family information
Organizations use kndlng to keep rosters, contact families, run fundraisers and collect permission slips, so the Service often holds information about children. An organization that adds information about students or families promises that it has the right to do so. That includes having any consent required from families and, where the information comes from a school's records, sharing only what the school is allowed to share under FERPA and its own policies.
We use this information only to provide the Service to that organization. We do not sell it, rent it, use it for advertising, or use it to build profiles of children. Our Privacy Policy explains what we collect, how long we keep it and how a parent or guardian can ask to see or delete it.
4. Payments to organizations
When you donate, sponsor a participant, buy a ticket, pay dues or make any other payment to an organization through kndlng, you are paying that organization. Card payments are processed by Stripe on the organization's behalf and are subject to Stripe's terms. We do not store your full card number.
The organization decides its prices, goals and what it offers, and it is responsible for how it uses the money, for refunds and for any tax receipts. Whether a payment is tax deductible depends on the organization's status and on your situation, and kndlng does not give tax advice. An organization may ask you to cover the card processing fee, and the amount is shown before you pay. A pledge you make on a card for a later charge, such as a pledge per lap, is charged when the organization confirms the final count, up to any maximum you set.
5. Subscriptions and platform fees
Organizations may need a paid plan for some features. Plans, prices and any trial are shown when you subscribe. A subscription renews automatically each billing period until it is cancelled, and you authorize us to charge the payment method on file for each renewal. You can cancel at any time from your organization's settings, and cancellation takes effect at the end of the current billing period. Except where the law requires otherwise, payments for a period already started are not refunded.
kndlng may also keep a platform fee from payments made to an organization. The fee is disclosed in the organization's settings. Prices are in US dollars, and we will give notice before a price change takes effect. Sales tax is added where it applies.
6. Your content
Your organization and its members own what they put into kndlng: rosters, posts, messages, photos, videos, forms, website pages and everything else. You give us a limited license to host, store, copy, process, translate, transmit and display that content only as needed to provide, secure and improve the Service for you, including showing it to the people and the public your organization chooses. This license ends when the content is deleted, except for backups that expire on their normal schedule and records we must keep by law. We do not sell your content or use it for advertising.
You are responsible for what you post. You promise that you have the rights you need to post it, and that you have permission from anyone shown in a photo or video, which for a child means permission from their parent or guardian. Organizations can choose who sees what they publish, and anything they make public can be seen by anyone.
We do not review content before it is posted, but we may remove or restrict content that breaks these Terms or the law, or that puts a child at risk, and we may report it to the authorities where required.
7. Feedback
If you send us ideas or suggestions about kndlng, we may use them to improve the Service without owing you anything. Please do not send us anything you consider confidential.
8. Acceptable use
You agree not to:
- use the Service for anything illegal, or in a way that breaks these Terms
- harass, bully, threaten or exploit anyone, and in particular any child
- post content that is sexually explicit, hateful, violent, defamatory or deliberately false
- send spam, scams or messages unrelated to your organization's community
- access another person's account, or another organization's information, without permission
- copy, scrape or collect information from the Service by automated means
- interfere with the Service's security or operation, upload malware, or place an undue load on it
- decompile, reverse engineer or copy the Service's software, except where the law allows it
- impersonate anyone, or misrepresent your connection to an organization
- resell the Service, or use it to build a competing product
Nothing in these Terms limits your right to give an honest review of kndlng.
9. AI features
Some optional features, such as drafting help, translations and roster import, use AI models from third party providers. Content you send through these features is processed by the provider only to produce the result, and we do not allow providers to train their models on it. AI can be wrong, so review anything it produces before you rely on it or send it to others.
10. Text messages
Organizations may send text messages through kndlng, such as urgent alerts and reminders, to people who have agreed to receive them. Texts are optional and you do not need a mobile phone to use kndlng. Reply STOP to any message to stop receiving texts; you may receive one message confirming that you have opted out. Reply HELP for help, or email hello@kndlng.pro. Message frequency varies, and message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
11. Mobile apps
We give you a personal, revocable, nonexclusive, nontransferable license to install and use the kndlng app on devices you own or control, under these Terms. If you got the app from the Apple App Store or Google Play, these Terms are between you and us, not Apple or Google; we, not they, are responsible for the app and its support; and Apple or Google, as the case may be, may enforce this section as a third party beneficiary. You confirm that you are not in a country under a US government embargo and are not on a US list of prohibited or restricted parties.
12. Electronic communications and signatures
You agree that we may give you notices, receipts and other communications electronically, and that these meet any legal requirement that they be in writing. When you sign a form through kndlng, such as a permission slip, you agree that your electronic signature is as binding as a handwritten one. We keep a record of the signature and when it was made.
13. Privacy
Our Privacy Policy is part of these Terms and explains how we handle personal information. The Service is hosted in the United States.
14. Copyright complaints
If you believe something on kndlng infringes your copyright, email hello@kndlng.pro with the material you are concerned about, where it appears and your contact details. We may share your notice with the person who posted the material. Do not send a notice you know to be false.
15. Suspension, termination and deletion
You can stop using kndlng at any time, and an Owner can delete their organization from its settings. A deleted organization is removed right away from the Service and purged 30 days later, so a deletion made by mistake can be undone within that window. Some records, such as payment and tax records, may be kept longer when the law requires it.
We may suspend or end access for anyone who breaks these Terms. We will normally give notice first, but we may act immediately where a child's safety, the security of the Service or the law requires it. Sections 3, 4, 6, 15 and 17 through 24 continue after these Terms end.
16. Changes to the Service
We are always improving kndlng, so features may change or be removed. We aim to keep the Service available, but it may be interrupted for maintenance or by problems outside our control. We will give reasonable notice before removing a feature an organization pays for.
17. Disclaimer
THE SERVICE IS PROVIDED AS IS AND AS AVAILABLE. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WE ARE NOT RESPONSIBLE FOR WHAT ORGANIZATIONS OR MEMBERS POST, FOR HOW AN ORGANIZATION USES MONEY IT RAISES, OR FOR THIRD PARTY SITES AND SERVICES LINKED FROM KNDLNG.
18. Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY LAW, KNDLNG AND ITS OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF ONE HUNDRED US DOLLARS OR THE AMOUNT YOU PAID KNDLNG IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE. Some states do not allow these limits, so they may not all apply to you.
19. Indemnification
You agree to defend and indemnify kndlng and its officers, employees and agents against any third party claim, including reasonable legal fees, arising from content you post, your breach of these Terms, or your violation of the law or of someone else's rights. For an organization, this includes claims arising from student or family information it adds without the right to do so. We will tell you about any such claim and may choose to control the defense.
20. Governing law
These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules.
21. Dispute resolution
Talk to us first. If you have a dispute with us, email hello@kndlng.pro. We will both try in good faith to resolve it informally for at least 30 days before starting arbitration.
Binding arbitration. If we cannot resolve it, the dispute will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, available at adr.org. Your arbitration fees are limited as those rules provide. The arbitration may be held by video, by phone, on written submissions, or in Alameda County, California, or in the county where you live if you prefer. YOU UNDERSTAND THAT WITHOUT THIS SECTION YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
No class actions. TO THE FULLEST EXTENT ALLOWED BY LAW, DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR WE MAY BRING OR JOIN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.
Exceptions. Either of us may bring a claim in small claims court if it qualifies, and either of us may go to court to protect intellectual property or to stop unauthorized use of the Service. Any court case allowed by these Terms will be brought in the state or federal courts in Alameda County, California, and we both agree to those courts' jurisdiction. If the class action waiver is found unenforceable for a claim, that claim will be decided in those courts and not in arbitration.
Opting out. You may opt out of this arbitration agreement by emailing hello@kndlng.pro within 30 days of first accepting these Terms, with your name and the email address on your account.
22. California residents
If a complaint is not resolved to your satisfaction, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by phone at (800) 952-5210 or (916) 445-1254.
23. Changes to these Terms
We may update these Terms. We will post the new version here with a new date, and for material changes we will tell account holders inside kndlng and by email at least 14 days before the changes take effect. If you keep using the Service after that date, you accept the updated Terms.
24. General
These Terms and the Privacy Policy are the whole agreement between you and us about the Service. If any part is found unenforceable, the rest stays in effect. Our not enforcing a part of these Terms is not a waiver of it. You may not transfer these Terms without our consent; we may transfer them to a company that takes over the Service. We are not responsible for delays caused by events beyond our reasonable control. Nothing in these Terms creates a partnership, employment or agency relationship.
25. Contact
Jiva Creative, LLC
909 Marina Village Pkwy, #139
Alameda, CA 94501, United States
Email: hello@kndlng.pro