Terms of Service

1. Acceptance of These Terms

These Terms of Service ("Terms") are a binding legal contract between you and Subtxt LLC ("Kind", "we", "us", or "our"). They govern your access to and use of the Kind mobile application, the kind.date website, and all related features, content, and services (together, the "Service").

You accept these Terms when you create an account, sign in, or otherwise use the Service. If you do not agree to every part of these Terms, including the arbitration agreement and class action waiver in Section 21, you must not use the Service.

These Terms incorporate our Privacy Policy, our Biometric Data Policy, our Consumer Health Data Privacy Policy, our Community Guidelines, and any purchase terms shown at the point of sale. Each is part of your agreement with us.

2. Eligibility

By using the Service, you represent and warrant that:

• You are at least 18 years old and have the legal capacity to enter into a binding contract.
• You are legally permitted to use a dating service where you live.
• You have never been convicted of, and are not subject to any pending charge for, a felony, a sex offense, a crime involving violence, or any offense involving a minor, and you are not required to register as a sex offender with any government registry.
• Your account has not previously been suspended, banned, or removed from the Service, unless we have given you written permission to return.
• You are not located in, or a resident or national of, any country or region subject to comprehensive United States sanctions, and you do not appear on any United States government restricted-party or denied-party list.
• All information you give us is accurate, current, and complete, and you will keep it that way.

We may refuse, suspend, or terminate access to the Service for anyone, at any time, for any reason permitted by law. Eligibility to use the Service is a privilege, not a right.

3. Your Account and Security

You are responsible for everything that happens on your account, including any content posted and any messages sent from it. You must keep your phone number, device, and any authentication method secure, and you must notify us immediately at the support address below if you believe your account has been accessed without your permission.

You may hold only one account. You may not create an account for another person, share your account, sell or transfer your account, impersonate anyone, misstate your age or identity, or create a new account to evade a suspension or ban.

Your account is personal to you. It grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to use the Service for your own personal, non-commercial use, on terms we set. We reserve every right not expressly granted here.

4. Health Information and No Medical Advice

Kind is built for adults living with HSV. The Service lets you share HSV-related information, such as HSV type and diagnosis year, so that matching, profile, filtering, and safety features can work. Providing this information is your choice, and you decide what appears on your profile.

Health information shown on the Service is self-reported by members and is not verified by us. You must not rely on any statement made on the Service, or on the absence of any statement, when deciding whether to meet, communicate with, or become intimate with another person, or when making any decision about your own health, testing, disclosure, or precautions. Those decisions are yours alone and you make them at your own risk.

Kind is not a covered entity or business associate under the Health Insurance Portability and Accountability Act (HIPAA), and information you provide to us is not protected health information under HIPAA. Our handling of health-related information is described in our Privacy Policy and our Consumer Health Data Privacy Policy.

5. Photo Verification and Biometric Processing

The Service uses an automated photo verification check. You choose a private reference photo and take a live camera capture, and software compares the two to look for a likely match. This check involves processing a facial geometry measurement derived from those images.

Before any capture, the app asks for your separate, express consent, and our servers refuse to process a capture without it. What is processed, how long it is kept, and how it is destroyed are described in the Kind Biometric Data Policy, which forms part of these Terms. Verification is required to complete signup: every member verifies, which is what makes the badge meaningful. If you do not wish facial geometry to be processed, do not complete verification — you will not be able to create an account, and you may contact us to confirm deletion of anything already entered.

6. We Do Not Conduct Criminal Background Checks

This notice is given in accordance with the laws of states that require dating services to disclose whether they perform criminal background screening, including New York, New Jersey, Illinois, Texas, Connecticut, and others. Nothing in these Terms creates any duty for us to screen, investigate, monitor, or vet any member.

Because we do not screen members, you must take your own precautions. Meet in public. Tell a friend where you are going. Arrange your own transport. Do not send money, gift cards, cryptocurrency, or financial information to anyone. Do not share your home address, workplace, financial details, or government identification. Report anyone who makes you uncomfortable using the in-app reporting tools.

7. Your Content and the Licence You Grant Us

You are solely responsible for the photos, profile details, voice notes, messages, posts, reports, survey answers, and any other material you submit to the Service ("Your Content"). As between you and Kind, you keep ownership of Your Content.

You grant Kind a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable licence to host, store, cache, reproduce, adapt, reformat, translate, create derivative works from, distribute, publicly display, and otherwise use Your Content, in any media, solely to operate, maintain, secure, moderate, improve, troubleshoot, and provide the Service and to enforce these Terms and comply with law. This licence continues for as long as Your Content remains on the Service, and afterwards only for the limited period and limited purposes described in our Privacy Policy, including backup, dispute resolution, safety enforcement, and legal compliance.

We do not sell Your Content and we do not use Your Content in external advertising or marketing without your separate, express permission. We do not use members’ health-related information, private messages, or biometric data to train general-purpose artificial intelligence models.

You represent and warrant that you own or have all rights necessary to submit Your Content and to grant this licence, that Your Content is accurate, that every identifiable person in a photo you upload is an adult who has consented to appear, and that Your Content does not infringe any third party’s intellectual property, privacy, publicity, or other rights, and does not violate these Terms or any law.

Feedback

If you send us suggestions, ideas, bug reports, or feature requests, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them for any purpose without any obligation, attribution, or compensation to you.

8. Prohibited Conduct

You must not do, attempt to do, or help anyone else do any of the following on or through the Service:

• Harass, threaten, intimidate, stalk, bully, defame, dox, or abuse any person.
• Post, send, or solicit any sexual content involving a minor, attempt to contact a minor, or use the Service if you are under 18. We report child sexual abuse material to the National Center for Missing & Exploited Children and to law enforcement.
• Disclose, screenshot, republish, or otherwise share another member’s HSV status, other health information, private messages, photos, contact details, location, or identifying information outside the Service without that person’s express permission.
• Impersonate any person, catfish, use another person’s photos, submit false verification material, or misrepresent your age, identity, location, or affiliation.
• Send spam, chain messages, scams, phishing, romance fraud, investment or cryptocurrency solicitations, requests for money or gift cards, sex work or paid companionship offers, recruitment, or any commercial promotion.
• Post or transmit content that is unlawful, infringing, hateful, discriminatory, violent, graphic, sexually explicit where prohibited, non-consensual, or that promotes self-harm or illegal activity.
• Transmit malware, exploit vulnerabilities, probe or scan our systems, bypass rate limits, paywalls, safety systems, moderation, blocks, bans, or any technical protection measure.
• Scrape, crawl, harvest, index, or bulk-collect any data from the Service; use bots, scripts, or automated access; or reverse engineer, decompile, or disassemble any part of the Service, except to the extent this restriction is unenforceable under applicable law.
• Use the Service or any data from it to train, fine-tune, evaluate, or build any machine learning or artificial intelligence model, dataset, or competing product or service.
• Use the Service for any commercial purpose, or to promote any product, service, event, campaign, or organisation, without our prior written consent.
• Interfere with any other member’s use of the Service, or take any action that imposes an unreasonable load on our infrastructure.

Violating this section is a material breach. We may remove content, restrict features, suspend or permanently ban your account, preserve and disclose records to law enforcement, and pursue any other remedy available to us, with or without notice.

9. Member Interactions, Assumption of Risk, and Release

Kind is a venue that helps adults find each other. We are not a party to, and we do not supervise, control, direct, or take responsibility for, any interaction between members, whether online or in person.

We make no representation or warranty about the identity, age, health status, HSV status, sexually transmitted infection status, criminal history, background, intentions, honesty, character, conduct, or compatibility of any member, or about the accuracy of anything any member says or posts.

If you are a California resident, you expressly waive California Civil Code § 1542, which reads: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any comparable statute or common law rule in any other jurisdiction.

This section does not limit any claim you may have directly against another member, and it does not waive any right that cannot be waived under applicable law.

10. Moderation, Automated Systems, and Enforcement

We may, but are not obliged to, monitor, review, screen, filter, edit, refuse, remove, hide, restrict, age-gate, or preserve any content or account. Our safety systems combine human review with automated tools, including automated photo scanning for nudity and prohibited imagery, automated text scanning of messages for spam, hate speech, and exploitation patterns, and automated risk and trust scoring that can restrict or suspend an account.

Automated systems make mistakes in both directions. We do not warrant that our moderation will detect every violation or that it will never act on content that turns out to be permitted. Where required by law, you may ask us to review an automated decision that significantly affects you by contacting us at the address below.

We may take any enforcement action we reasonably consider appropriate, including warning you, removing content, limiting visibility, disabling features, withholding or cancelling paid benefits without refund where permitted, suspending your account, permanently banning you, and reporting you to law enforcement. We may do so with or without prior notice, and we are not liable to you for doing so.

Reports you make are reviewed at our discretion. We are under no obligation to tell you the outcome of a report, to act on any report, or to explain our reasoning, except where the law requires it.

11. Subscriptions, Purchases, and Auto-Renewal

Some features, including Kind+, require a paid subscription or one-time purchase. All purchases in the Kind mobile app are processed by Apple through the App Store or by Google through Google Play, and are managed with the help of RevenueCat. We do not collect or store your payment card details.

How to cancel

You can cancel at any time. On iOS, open Settings, tap your name, tap Subscriptions, select Kind, and tap Cancel Subscription. On Android, open the Google Play Store, tap your profile icon, tap Payments & subscriptions, tap Subscriptions, select Kind, and tap Cancel subscription. Cancelling stops the next renewal; you keep access until the end of the period you already paid for.

Refunds

All purchases are final and non-refundable except where a refund is required by law or granted by Apple or Google under their own policies. Because Apple and Google process the payment, refund requests must go to them: for iOS, reportaproblem.apple.com; for Android, the Google Play refund process. We generally cannot issue refunds for store purchases directly. We do not refund unused periods, unused benefits, or accounts suspended or terminated for breach of these Terms.

We may change prices, benefits, and the composition of any paid tier. Price changes take effect at the next renewal and will be notified to you as required by the applicable app store and by law. Continuing your subscription after a price change takes effect means you accept it. Paid benefits are a limited licence, are personal to you, have no cash value, cannot be transferred, sold, or exchanged, and expire on termination of your account.

If you live in a jurisdiction with a statutory cooling-off or cancellation right for distance or dating-service contracts, that right applies and nothing in this section limits it.

12. Account Deletion, Suspension, and Termination

You may stop using the Service at any time. To delete your account, open the app and go to Me → Privacy → Delete My Account, or use the request form at kind.date/delete-account. Deletion begins a 30-day grace period during which your profile is hidden and you can restore the account by signing back in. After 30 days, we permanently delete your account data as described in our Privacy Policy, apart from the limited records we are permitted or required to retain for legal, security, fraud-prevention, safety-enforcement, tax, accounting, and audit purposes.

We may suspend, restrict, or terminate your account and your access to the Service at any time, with or without notice, if we reasonably believe you have breached these Terms, created a risk to another member or to us, engaged in fraud or abuse, or if we are required to do so by law, or if we cease to offer the Service.

On termination, your licence to use the Service ends immediately, any unused paid benefits are forfeited to the extent permitted by law, and Sections 7, 9, and 13 through 25 survive.

13. Kind Intellectual Property

The Service, including its software, source code, design, user interface, look and feel, graphics, text, algorithms, models, databases, trade dress, the Kind name, the kind.date domain, and all logos and marks, is owned by Subtxt LLC or its licensors and is protected by copyright, trademark, trade secret, and other laws. Except for the limited licence in Section 3, you receive no rights in any of it.

You may not copy, modify, adapt, translate, distribute, publish, licence, sell, lease, frame, mirror, or create derivative works from any part of the Service, or remove any proprietary notice, without our prior written consent.

14. Copyright Complaints (DMCA)

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. If you believe content on the Service infringes your copyright, send a written notice to our designated agent at the email address below with: your physical or electronic signature; identification of the copyrighted work; identification of the material claimed to be infringing and where it is located; your contact details; a statement that you have a good-faith belief the use is not authorised by the copyright owner, its agent, or the law; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorised to act on the owner’s behalf.

Designated agent: Copyright Agent, Subtxt LLC, by email to info@kind.date with "DMCA Notice" in the subject line. Kind is operated remotely and accepts copyright notices by email only. We terminate the accounts of repeat infringers in appropriate circumstances. Knowingly sending a false notice may make you liable for damages.

15. App Stores and Third-Party Services

The Service depends on third parties for authentication, hosting, databases, storage, payments and entitlements, push notifications, error monitoring, analytics, and content moderation. Your use of an app store, device platform, payment provider, or linked third-party service is also governed by that provider’s own terms and privacy policy. We are not responsible for third-party services, and we do not control and are not liable for any third-party content, website, or product you reach through the Service.

Additional terms for the Apple App Store

These Terms are between you and Kind only, not with Apple, and Apple is not responsible for the Service or its content. Your licence to use the iOS app is a non-transferable licence to use it on an Apple-branded device you own or control, as permitted by the Usage Rules in the Apple Media Services Terms. Apple has no obligation to provide any maintenance or support for the Service. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for addressing any claim by you or a third party relating to the app, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar legislation, nor for the investigation, defence, settlement, or discharge of any third-party intellectual property infringement claim relating to the app. You represent that you are not located in a country subject to a United States Government embargo or designated as a terrorist-supporting country, and that you are not on any United States Government restricted-party list. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them against you.

Additional terms for Google Play

These Terms are between you and Kind only, not with Google. Google is not responsible for the Service or its content, and Google is not a party to any dispute between you and us. Your use of the Android app is also subject to the Google Play Terms of Service.

16. Disclaimers of Warranty

Without limiting that, we do not warrant that the Service will be uninterrupted, timely, secure, or error-free; that defects will be corrected; that the Service is free of viruses or harmful components; that any content, match, recommendation, verification result, moderation decision, or notification will be accurate, delivered, timely, or meet your expectations; that you will find a match or a relationship; or that any information stored on the Service will not be lost, altered, or accessed without authorisation.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. In that case, such warranties are limited to the minimum duration and scope permitted by law.

17. Limitation of Liability

These limits apply even if a limited remedy fails of its essential purpose, and they are a fundamental part of the bargain between you and us: we could not offer the Service on these terms without them.

Some jurisdictions do not allow the exclusion or limitation of certain damages, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or gross wilful misconduct. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, and in those jurisdictions our liability is limited to the smallest amount permitted by law.

18. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Kind Parties from and against any and all claims, demands, actions, investigations, damages, losses, liabilities, judgments, settlements, costs, and expenses, including reasonable legal fees, arising out of or relating to: (a) your use or misuse of the Service; (b) Your Content; (c) your breach of these Terms or of any law; (d) your violation of any third party’s rights; (e) your interaction with, or any dispute with, any other member or third party, including any meeting, relationship, or transmission of any infection; or (f) any misrepresentation you make.

We may assume the exclusive defence and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defence. You will not settle any matter without our prior written consent.

19. Kind Parties

"Kind Parties" means Subtxt LLC and its past, present, and future parents, subsidiaries, affiliates, predecessors, successors, and assigns, and each of their respective officers, directors, members, managers, shareholders, employees, contractors, agents, service providers, licensors, insurers, and representatives.

20. Informal Dispute Resolution First

Most concerns can be resolved quickly. Before starting arbitration or any other proceeding, you and Kind each agree to try in good faith to resolve the dispute informally for at least 60 days.

To start, the party raising the dispute must send a written Notice of Dispute. If you are sending it, email info@kind.date with the subject "Notice of Dispute". Kind is operated remotely and has no public postal address, so email to that address is the agreed method of service for a Notice of Dispute and is effective on the day it is sent. If we are sending it, we will use the email address and phone number on your account. The Notice must be individualised and must state your full name, the phone number or email on your account, your mailing address, a description of the dispute, the specific relief you seek, and the calculation of any money demanded, and it must be personally signed by you (not only by a lawyer).

During the 60-day period, both parties will engage in a good-faith individualised discussion, including at least one telephone or video conference if either party requests it. Completing this process is a condition precedent to starting arbitration. Any limitations period and any arbitration filing deadline is tolled while the process runs. A court or arbitrator may enjoin the filing or prosecution of an arbitration brought before this process is complete, and either party may raise non-compliance as a basis to recover its costs.

21. Binding Arbitration and Class Action Waiver

21.1 Agreement to arbitrate

You and Kind agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms, the Service, your account, any purchase, any advertising or marketing, any data or privacy practice, or your relationship with Kind — whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after termination of these Terms — will be resolved exclusively by final and binding individual arbitration, and not in a court of law.

This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and evidences a transaction involving interstate commerce.

21.2 Who decides what

The arbitrator, and not any court, has exclusive authority to resolve all threshold questions, including the arbitrability, scope, applicability, enforceability, unconscionability, and formation of this arbitration agreement — except that a court has exclusive authority to decide the enforceability of the Class Action Waiver in Section 21.6 and to decide any question arising under Section 21.7.

21.3 Exceptions to arbitration

This arbitration agreement does not apply to, and either party may bring in court: (a) an individual action in small claims court, so long as it remains an individual action in that court; (b) an action seeking only temporary or preliminary injunctive relief to stop unauthorised use, infringement, or misappropriation of intellectual property; and (c) any claim that applicable law says cannot be arbitrated, including any claim that cannot be waived or compelled to arbitration under a statute providing a non-waivable public right of action. Filing such a claim does not waive the arbitration agreement as to any other claim.

Nothing in these Terms prevents you from reporting concerns to, cooperating with, or seeking relief from any government agency or regulator, and you do not need our permission to do so.

21.4 Arbitration rules, forum, and location

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms, and where applicable its Mass Arbitration Supplementary Rules. The rules and filing forms are available at adr.org. If the AAA is unavailable or declines to administer the arbitration consistent with these Terms, the parties will agree on an alternative administrator, and if they cannot agree, a court of competent jurisdiction will appoint one. There is a single arbitrator.

The arbitration will be conducted by videoconference or by written submissions unless the arbitrator determines that an in-person hearing is necessary. Any in-person hearing will take place in the county where you live, or at another mutually agreed location, or in Wyoming if you agree. The arbitrator will apply the governing law in Section 22 and may award any individual relief that a court could award to that individual claimant under applicable law, including statutory damages and, where a statute provides for them, reasonable legal fees and costs. The arbitrator may not award relief to, or for the benefit of, anyone who is not a party to the arbitration. The arbitrator must issue a reasoned written award. Judgment on the award may be entered in any court of competent jurisdiction.

21.5 Costs

Payment of filing, administration, and arbitrator fees is governed by the AAA rules, including any consumer fee caps. If you demonstrate to the arbitrator that the costs of arbitration would be prohibitive compared with the costs of litigation, Kind will pay as much of your filing and hearing fees as the arbitrator considers necessary to prevent the arbitration from being cost-prohibitive. Each party otherwise bears its own legal fees, unless a statute or the arbitrator provides otherwise.

21.6 Class action waiver

If a court decides that this Class Action Waiver is unenforceable as to a particular claim or a particular request for relief, then that claim or request for relief — and only that claim or request for relief — must be severed from the arbitration and brought in the courts identified in Section 22, and the remaining claims must still be arbitrated. If this Class Action Waiver is found unenforceable in its entirety, then the whole of Section 21 is void, and the parties’ disputes will be resolved in the courts identified in Section 22.

21.7 Coordinated and mass filings

If 25 or more demands for arbitration that raise substantially similar claims are filed against Kind by or with the assistance of the same law firm or coordinated group within a 90-day period, the parties agree these are "Mass Filings" and will be resolved in staged batches to make the process efficient and affordable for everyone.

1. The parties will group the demands into batches of no more than 50 claimants each, plus a final batch of any remainder, ordered alphabetically by claimant surname.
2. The administrator will treat each batch as a single arbitration with a single arbitrator, a single set of filing fees, and a single hearing, unless the parties agree otherwise.
3. Only two batches — the first and the second — will proceed initially. All other demands are held in abeyance, and all applicable limitations periods are tolled for held demands, from the date the demand was submitted until it is released from abeyance.
4. After the first two batches are resolved, the parties will engage in a single global mediation before a mutually agreed mediator, with Kind paying the mediator’s fee, to try to resolve the remaining demands.
5. If mediation does not resolve the remaining demands, subsequent batches proceed in the same staged manner.

A court has exclusive authority to enforce this Section 21.7, including by enjoining the filing or prosecution of arbitrations that do not comply with it, and the administrator may not accept or charge fees for non-compliant filings. This section is intended to make mass claims workable, not to bar them; if a court finds it unenforceable, the parties will meet and confer on a compliant batching protocol before any individual demand proceeds.

21.8 Your right to opt out

21.9 Changes and survival

If we materially change this Section 21 after you accept it, you may reject the change by emailing us within 30 days of the change taking effect, in which case the most recent version you accepted continues to apply to disputes that had already arisen. Section 21 survives termination of these Terms and closure of your account.

22. Governing Law, Venue, and Time Limit on Claims

These Terms and any dispute arising out of them or the Service are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 21. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For any claim not subject to arbitration, you and Kind agree to the exclusive jurisdiction and venue of the state and federal courts located in Wyoming, and each party waives any objection to that venue and any defence of inconvenient forum. EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY SUCH PROCEEDING.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER IT ARISES, OR IT IS PERMANENTLY BARRED.

If you are a consumer resident in a jurisdiction whose law entitles you to the protection of mandatory local consumer rules or to bring proceedings in your local courts, nothing in this section deprives you of those rights.

23. State and Regional Notices

California residents

Under California Civil Code § 1789.3, California users are entitled to this notice: the provider of the Service is Subtxt LLC, a Wyoming limited liability company, which operates remotely and has no public business address. To file a complaint or receive further information about the Service, contact us at info@kind.date; we answer every message and can supply our registered agent's address on request. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

California users may also cancel a dating service contract as permitted by California Civil Code §§ 1694 et seq. To exercise any such right, contact us at the email address above.

New Jersey residents

If any provision of Sections 16, 17, or 18 is found unenforceable as applied to a New Jersey consumer under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, that provision does not apply to you, and the remainder of these Terms continues in effect.

Users outside the United States

The Service is operated from the United States and is intended for users in jurisdictions where it is lawful. If you access it from elsewhere, you do so on your own initiative and are responsible for compliance with local law. Your information will be transferred to and processed in the United States, as described in our Privacy Policy.

24. Changes to These Terms

We may update these Terms as the Service changes or as the law requires. We will post the updated Terms with a new effective date and version number. For material changes, we will give reasonable advance notice — normally at least 14 days — in the app, by email, or by another method we reasonably choose, and where required we will ask you to accept the new Terms before continuing.

Changes are not retroactive and do not apply to a dispute of which we already had notice. If you do not agree to updated Terms, you must stop using the Service and delete your account. Continuing to use the Service after the effective date means you accept the updated Terms.

25. General Terms

• Entire agreement. These Terms, together with the policies they incorporate, are the entire agreement between you and Kind about the Service and replace any prior agreement or understanding.
• Severability. If any provision is found unenforceable, it is modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the rest of these Terms remain in full force. Section 21.6 has its own severability rule, which controls over this one.
• No waiver. Our failure or delay in enforcing any provision is not a waiver of it, and a waiver on one occasion is not a waiver on any other.
• Assignment. You may not assign or transfer these Terms or your account. We may assign these Terms freely, including to an affiliate or in connection with a merger, acquisition, financing, reorganisation, or sale of assets.
• No third-party beneficiaries. Except for the Kind Parties, Apple, and Apple’s subsidiaries, there are no third-party beneficiaries to these Terms.
• Force majeure. Neither party is liable for any failure or delay caused by events beyond its reasonable control, including natural disaster, war, terrorism, civil unrest, epidemic, labour dispute, government action, power or internet failure, or failure of a third-party provider.
• Electronic communications and consent. You consent to receive communications from us electronically, including by in-app message, push notification, email, and SMS, and you agree that electronic communications and records satisfy any legal requirement that a communication be in writing. Message and data rates may apply. You can control push notifications in your device settings and marketing messages through the unsubscribe or opt-out method provided.
• Headings and interpretation. Headings are for convenience only. "Including" means "including without limitation". These Terms will not be construed against the drafting party.
• Language. These Terms are written in English. Any translation is provided for convenience, and the English version controls in the event of any conflict.
• Survival. Any provision that by its nature should survive termination does survive, including Sections 7, 9, and 13 through 25.

26. How to Contact Us

Subtxt LLC, a Wyoming limited liability company, operator of Kind. Kind is operated remotely, so email is how we receive every legal notice: info@kind.date. For a Notice of Dispute, follow Section 20. For an arbitration opt-out, follow Section 21.8. For copyright notices, follow Section 14.