Thank you for signing up to use the Kimeo mobile application (the app or the Kimeo application, and related products and services (together, well call these the Services) of Startup Machine. (Kimeo, us, we or our), and any of our affiliates with authorized links to this Agreement. The term you refers to the natural person accessing or otherwise using our Services.
These Terms of Service Agreement (or for short) describes the rules of our relationship with you and is a legal agreement, so please read it carefully.
BY CLICKING EARNING KIN BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING OUR SERVICES, INCLUDING DOWNLOADING THE Kimeo APPLICATION, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THESE SERVICES.
WE WANTED TO LET YOU KNOW THAT THESE TERMS INCLUDE AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE READ SECTIONS 17 AND 18 CAREFULLY.
WE ALSO WANTED TO LET YOU KNOW THAT THE Kimeo APPLICATION CONTAINS FEATURES AND FUNCTIONALITIES THAT MAY PROVIDE YOU WITH ACCESS TO OPPORTUNITIES TO EARN AND SPEND KIN. YOU ACKNOWLEDGE AND AGREE THAT THESE FEATURES AND FUNCTIONALITIES ARE STILL UNDER DEVELOPMENT AND HAVE BEEN RELEASED TO YOU ON A TRIAL BASIS, AND YOU MAY LOSE ACCESS TO YOUR WALLET AND ANY KIN THAT YOU HAVE EARNED IF YOU DELETE THE APP AND/OR USE A DIFFERENT DEVICE.
If you are not yet legally considered an adult where you live (known as the age of majority), you may only use the Services if your parent or guardian agrees to these Terms on your behalf.
Subject to your compliance with these Terms, and any other policies we make available to you from time to time, we grant you a personal, worldwide, royalty-free, non- transferable, non-exclusive, revocable, non-sublicensable license to: (a) download, install and use the Kimeo application on one or more mobile device(s) (e.g. cell phone or tablet), which natively executes an operating system supported by us, and that you own or control; and (b) access and use the Services for your non-commercial use.
You agree that any software that we provide you, including the Kimeo application, may automatically download and install upgrades, updates or other new features and regularly send log information to our servers. You may be able to adjust these automatic downloads through your mobile device settings. These updates and upgrades are designed to improve and enhance our Services and can include bug fixes, enhancements and new modules. You consent to the installation of such software, including updates and upgrades (and authorize us to deliver such software to you) as part of your use of our Services. You may withdraw consent by ceasing to use the Services.
You may not sell, rent, lease, assign, distribute, copy, modify or host any part of our Services. As well, you may not adapt, merge, make adaptations, translations or derivative works of, disassemble, decompile, reverse compile, attempt to discover the source code or reverse engineer any part of the Services, except to the extent these restrictions are expressly prohibited by applicable law or to the extent permitted by an open source software license agreement applicable to the source code.
Some of our Services solicit information from you in connection with our surveys, polls, questionnaires or tasks (together, Surveys), and we collect your responses and results (Survey Responses). You grant us a non-exclusive, royalty-free and fully paid, irrevocable, worldwide license, with the right to grant sublicenses, to: (1) distribute, host, display, and otherwise publish the Survey Responses on an anonymized or de-identified basis, (2) analyze, research, consolidate, compile and/or aggregate the Survey Responses to sell to third parties on an anonymized or de-identified basis, and (3) use the Survey Responses for the purpose of operating our business, including researching and developing new products and services, including new Surveys, to offer to you and third parties.
The Services may contain advertisements. As a condition of your access or use of the Services, you agree that we and our affiliates and third party partners may place advertising on the Services, including in Surveys..
Were always happy to hear from you but if you volunteer any feedback or suggestions about the app or the Services, you agree that you will not submit to us any feedback or suggestions that you consider to be confidential or proprietary and that we can use your feedback and suggestions in any manner we deem is appropriate without compensating you.
You agree not to use the Services to:
You are responsible for anything that happens in your account, including your wallet, so please keep it secure by keeping a strong password on your mobile device. You acknowledge that the Kimeo application does not have a separate password, so it is important to keep you mobile device secure.
Also, you agree that you will not:
If you think someone has gained access to your account, please contact us at support@Kimeoapp.com.
You are responsible for any mobile charges when you use the Services including data charges for use or the Services or updates or upgrades of new versions of the Services. If youre not sure what those charges may be, please ask your provider before using the Services.
We, or our affiliates and licensors as applicable, retain all ownership and intellectual property rights in and to: (1) the Services; and (2) all modifications, improvements, customizations, updates, enhancements, derivative works, translations and adaptations to the foregoing.
Our policy allows copyright owners to request removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights.
If you believe that one of our users is using our Services to unlawfully infringe the copyright(s) in a work, and want to have the material removed, please provide the following information in writing to our Copyright Agent:
Please note that any misrepresentations in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our Copyright Agent is:
Startup Machine Interactive Inc.
B3, Sector 2, Noida 201301, India
Kin Earn and Spend Opportunities We and our affiliates facilitate your access to a decentralized blockchain ecosystem stewarded by us d/b/a Kin Ecosystem (the Kin Ecosystem, and such decentralized blockchain ecosystem, the Ecosystem) and use of the native token within the Kin Ecosystem (Kin). You can find out more about Kin and the Ecosystem at the following website: www.kinecosystem.org
You agree that:
(a) you are using Kin at your own risk, on an as-is and where-is basis;
(b) you will abide by any policies made available by the Ecosystem in respect of the Ecosystem;
(c) we and our affiliates are not representing or warranting that Kin has any real monetary value;
(d) we or our affiliates may discontinue the integration of Kin or the Ecosystem within the Kimeo application at any time for any reason; and
(e) we and our affiliates are not responsible for any Kin applications or opportunities developed by third parties.
If you use a service, feature or product offered by a third party (including those we jointly offer with a third party) (all together the Third Party Services), that third partys terms will govern their relationship with you. Please read and understand those terms and investigate any features that are important to you before using a Third Party Service. We are not responsible or liable for the third party terms or content on Third Party Services or actions taken under the third partys terms. We do not necessarily conduct a detailed review of and make no promises about the Third Party Services.
We are always improving our Services and creating new ones. We may add or remove features, products or functionality, and we may also suspend or stop the Services at any time without notice.
We can also terminate this Agreement or deactivate your account if we think youve violated these Terms or for any reason.
We will not be liable to you for terminating this Agreement, including for termination of your account. No matter who ends this agreement, you and we will continue to be bound by Sections 3 (Rights You Give to Us), 4 (Privacy), 8 (Ownership), 9 (Copyright), 10 (Kin Ecosystem and Kin), 11 (Third Party Services), 12 (Modifying the Services and Termination), 13 (Additional Terms for Specific Services),14 (Indemnity), 15 (Disclaimers), 16 (Limitation of Liability), 17 (Choice of Law & Exclusive Venue), 18 (Resolution of Disputes), 19 (Severability), and 20 (Final Terms).
Since we have a growing number of Services, we sometimes need to describe additional terms for specific Services. Those additional terms and conditions, which are available with the relevant Services, then become part of your agreement with us if you use those Services.
You agree to defend, indemnify and hold harmless us, our directors, officers, employees, affiliates, agents and suppliers (Kimeo Group) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) brought by third parties resulting from or relating to: (i) your use of the Services; (ii) your Survey Responses; or (iii) your violation of these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that you are required to indemnify and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any claim falling under this section once we learn of it.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS, INCLUDING LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING EXCLUSIONS OR LIMITATIONS IN THESE TERMS (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
THE SERVICES ARE PROVIDED AS-IS AND AS AVAILABLE AND Kimeo GROUP (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, STABILITY, ACCURACY, OR NONINFRINGEMENT. Kimeo GROUP (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Kimeo GROUP IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONDUCT ON ITS SERVICES.
You hereby irrevocably and unconditionally release and forever discharge Kimeo Group from any and all claims, demands, and rights of action, whether now known or unknown, that relate to any interactions with, or acts or omission of, the Services and Kimeo Group. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS, INCLUDING LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING EXCLUSIONS OR LIMITATIONS IN THESE TERMS (INCLUDING THE FOLLOWING LIMITATIONS OF LIABILITY) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
Except as prohibited by applicable law, these Terms are governed by the laws of Ontario, Canada and the federal laws of Canada applicable therein, aside from its conflict of laws principles. Where the Terms allow claims to be resolved in Court, you agree to submit to the personal jurisdiction of the courts located within Toronto, Ontario, Canada for the purpose of litigating all claims or disputes related to injunctions sought by us or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
If any part of these Terms is found to be invalid, illegal or unenforceable for any reason, then that provision will be severed from these Terms to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
All rights not granted to you are reserved by Kimeo Group and all intellectual property in the Services is owned or licensed by us.
These Terms are the final, complete and exclusive agreement between you and us and supersede all prior agreements between us. Except where prohibited by applicable law, we reserve the right to change these Terms at any time without notice. Your continued access to and use of the Services after changes to these Terms indicates your acceptance of such changes. It is your responsibility to review these Terms regularly.
If we dont enforce a part of these Terms, it will not be considered a waiver. You cant transfer your rights or obligations under this agreement without our consent. The word including means including without limitation. We may assign these Terms in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or bankruptcy or other operation of law, without your consent.
If we need to contact you about these Terms, you: (1) agree to receive electronic messages from us; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other messages we send to you electronically satisfy all legal requirements as if they were in writing. We agree that these Terms and all related documents are in English.
If the Kimeo application is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, Apple) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms:
If the Kimeo application is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, Google) Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms:
We welcome your comments, complaints, claims, questions and suggestions. Please send us feedback at .
Startup Machine is located at
B3, Sector 2, Noida 201301, India.