Terms of Use

1. Who We Are

KIN (“KIN”, “we”, “us”, or “our”) provides a wildlife journaling and identification app that lets you capture or upload photos, identify wildlife, save discoveries, and manage a personal journal.

2. Eligibility

You may use the Service only if you can form a binding contract with us and are legally permitted to use the Service in your jurisdiction.

If you are under the age of 13, you may not use the Service. If a higher minimum age applies where you live, you must meet that minimum age as well.

If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. Your Account

To use some features, you may need to create an account.

You agree to:

• Provide accurate, current, and complete information
• Keep your login credentials secure
• Notify us promptly of any unauthorized use of your account
• Be responsible for activity that occurs through your account

We may suspend or terminate accounts if we reasonably believe these Terms have been violated or the Service is being misused.

4. The Service

KIN may include features such as:

• Wildlife photo capture and upload
• Image-based wildlife identification
• A personal wildlife journal
• Location tagging and map-related features
• Profile customization, including avatar and home region
• Free and paid subscription features
• Account deletion and data management tools

We may change, add, remove, or discontinue features at any time.

5. Subscriptions and Paid Features

Some features may require a paid subscription, such as KIN+.

If you purchase a subscription:

• The subscription may auto-renew unless you cancel it before the renewal date
• Payment will be charged through the applicable app store or payment provider
• Pricing, billing intervals, and renewal terms will be shown at the time of purchase
• You are responsible for managing and canceling subscriptions through the relevant platform account settings

Except where required by law or stated otherwise by the app store provider, subscription fees are non-refundable.

If a paid feature is unavailable, interrupted, or modified, that does not automatically entitle you to a refund unless required by applicable law or the applicable app store's policies.

6. User Content

You may be able to create, upload, store, or share content through the Service, including:

• Photos
• Notes
• Discovery entries
• Profile information
• Other journal or account content

You retain ownership of your content, subject to the rights you grant us under these Terms.

You grant KIN a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to host, store, process, reproduce, modify, adapt, display, and otherwise use your content only as needed to operate, improve, secure, and provide the Service.

You represent and warrant that:

• You own or have the rights needed to submit your content
• Your content does not infringe another person's rights
• Your content complies with these Terms and applicable law

We are not responsible for content you create, submit, or store through the Service.

7. AI and Identification Results

KIN may use automated or AI-assisted systems to help identify wildlife or generate related insights.

You understand and agree that:

• Identification results may be incomplete, inaccurate, or outdated
• The Service is for informational and personal use only
• You should not rely on identification results as a substitute for expert advice, safety guidance, conservation rules, or emergency assistance
• You are responsible for independently verifying any information before acting on it

We do not guarantee that any result, label, suggestion, or classification will be correct.

8. Location and Device Permissions

Certain features may request access to:

• Camera
• Photo library
• Location data

If you grant permission, you authorize us to use that data to provide the requested functionality. If you deny permission, some features may not work or may work with reduced functionality.

You are responsible for the accuracy of any location or metadata you choose to provide.

9. Acceptable Use

You agree not to:

• Use the Service for unlawful, harmful, fraudulent, or deceptive activity
• Attempt to gain unauthorized access to the Service or related systems
• Reverse engineer, scrape, or interfere with the Service except where prohibited by law from limiting such rights
• Upload malware, spam, or other harmful code
• Use the Service to infringe intellectual property, privacy, publicity, or other rights
• Misrepresent the origin of content or your affiliation with any person or entity
• Interfere with the operation, security, or integrity of the Service
• Use the Service in a way that could cause harm to wildlife, people, or protected environments

We may investigate and take appropriate action for violations, including removing content, limiting access, or terminating accounts.

10. Intellectual Property

The Service, including its software, design, branding, logos, text, graphics, and other materials, is owned by KIN or its licensors and is protected by intellectual property laws.

Except for the limited rights expressly granted to you in these Terms, we reserve all rights in and to the Service.

You may not use KIN branding, logos, or other trademarks without our prior written permission.

11. Third-Party Services

The Service may depend on or integrate with third-party products or services, including app stores, cloud hosting, mapping services, authentication providers, AI providers, and error monitoring services such as Sentry.

Third-party services are governed by their own terms and policies. We are not responsible for third-party services, content, or practices.

12. Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you acknowledge that you have read and understood the Privacy Policy.

13. Termination

You may stop using the Service at any time.

We may suspend or terminate your access to all or part of the Service at any time if:

• You violate these Terms
• We are required to do so for legal or security reasons
• We discontinue the Service or a feature
• We believe termination is necessary to protect users, the Service, or third parties

Upon termination, sections that by their nature should survive will continue to apply, including sections relating to intellectual property, disclaimers, limitations of liability, dispute resolution, and indemnity.

14. Disclaimers

To the maximum extent permitted by law, the Service is provided on an “as is” and “as available” basis.

We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Identification results will be accurate or reliable
• Any data will be stored without loss or corruption
• The Service will meet your expectations or needs

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

15. Limitation of Liability

To the maximum extent permitted by law, KIN and its officers, directors, employees, contractors, affiliates, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, profits, revenue, goodwill, or business interruption.

To the maximum extent permitted by law, our total liability for any claim arising out of or relating to the Service or these Terms will not exceed the greater of:

• The amount you paid us for the Service in the 12 months before the event giving rise to the claim.

Some jurisdictions do not allow limitations of liability, so some of the above may not apply to you.

16. Indemnity

You agree to indemnify, defend, and hold harmless KIN and its affiliates, officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to:

• Your use of the Service
• Your content
• Your violation of these Terms
• Your violation of any law or third-party right

17. Changes to the Service or Terms

We may update the Service or these Terms from time to time.

If we make material changes to these Terms, we may notify you by posting the updated Terms, updating the effective date, or using another reasonable method. Your continued use of the Service after the changes take effect means you accept the updated Terms, to the extent allowed by law.

18. Governing Law

These Terms are governed by the laws of Spain, without regard to conflict of law rules.

If you are a consumer residing in the European Union, you may also benefit from any mandatory provisions of the laws of your country of residence.

Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Barcelona, Spain, except where applicable consumer protection laws provide otherwise.

19. Contact

If you have any questions about these Terms, contact us at:

Email: adrianaranda@proton.me