Welcome to Kyndl! These Terms of Service ("Terms") govern
your use of the Kyndl mobile application and services (the
"Service") operated by N2N Productions Pty Ltd ("we," "us,"
or "our"). By accessing or using our Service, you agree to
be bound by these Terms.
Please read these Terms carefully before using our
Service. If you do not agree to these Terms, you may not
access or use the Service.
1. Acceptance of Terms
By creating an account, accessing, or using Kyndl, you
acknowledge that you have read, understood, and agree to be
bound by these Terms, along with our Privacy Policy. These
Terms apply to all users of the Service.
2. Eligibility
To use Kyndl, you must:
- Be at least 18 years of age.
-
Have the legal capacity to enter into a binding
agreement.
-
Not be prohibited from using the Service under
applicable laws.
-
Not have been previously banned or removed from Kyndl
for violating our Terms or Community Guidelines.
-
Not have any conviction or be on any registry related to
sexual offenses, violence, or other serious crimes.
By using Kyndl, you represent and warrant that you meet
these eligibility requirements.
3. Account Registration and Security
When you create an account on Kyndl, you agree to provide
accurate, current, and complete information. You are
responsible for:
-
Maintaining the confidentiality of your account
credentials.
-
All activities that occur under your account, whether
authorized by you or not.
-
Notifying us immediately of any unauthorized use of your
account.
You may not share your account with others or create
multiple accounts. You are solely responsible for your
account security.
4. User Conduct and Prohibited Activities
You agree to use Kyndl in a respectful and lawful manner.
You must NOT:
-
Misrepresent your identity, age, or any personal
information.
-
Harass, bully, stalk, threaten, or harm other users.
-
Post or share inappropriate, offensive, illegal, or
explicit content.
-
Solicit money, financial information, or personal
details from other users.
-
Use the Service for commercial purposes, advertising, or
spam.
-
Impersonate another person or entity, or create fake
accounts.
-
Use automated systems, bots, or scraping tools to access
the Service.
-
Attempt to hack, reverse engineer, or compromise the
security of our Service.
-
Share content that infringes on intellectual property
rights of others.
-
Engage in any conduct that violates applicable laws or
regulations.
-
Encourage or promote violence, self-harm, dangerous
activities, or illegal behavior.
Violation of these rules may result in immediate account
suspension or termination.
5. Content Ownership and License
Your Content
You retain ownership of all content you upload to Kyndl,
including photos, messages, and profile information ("Your
Content"). However, by uploading Your Content, you grant us
a worldwide, non-exclusive, royalty-free, transferable
license to use, display, reproduce, distribute, and modify
Your Content for the purpose of operating, improving, and
promoting our Service.
You represent and warrant that:
- You own or have the rights to Your Content.
-
Your Content does not violate any third-party rights.
-
Your Content complies with these Terms and applicable
laws.
Prohibited Content
You may not post content that:
-
Is sexually explicit, pornographic, or contains nudity.
-
Promotes hate speech, discrimination, racism, or
bigotry.
-
Depicts violence, threats, or harm to individuals or
animals.
-
Contains false, misleading, or fraudulent information.
-
Infringes on copyrights, trademarks, or other
intellectual property.
-
Includes personal information of others without their
consent.
Content Moderation
We reserve the right to review, monitor, remove, or restrict
access to any content at our sole discretion. We may use
automated systems and human reviewers to enforce our content
policies.
6. Account Termination
Termination by You
You may delete your account at any time through the app
settings. Upon deletion, your profile will no longer be
visible, and your data will be handled according to our
Privacy Policy.
Termination by Us
We reserve the right to suspend, restrict, or terminate your
account at any time without notice if we believe you have:
- Violated these Terms or our Community Guidelines.
-
Engaged in fraudulent, illegal, or harmful behavior.
-
Abused, harassed, or threatened other users or our team.
- Created multiple accounts or fake profiles.
We are not required to provide a reason for account
termination if doing so could compromise the safety or
privacy of other users.
7. Safety and Background Checks
Kyndl does not conduct criminal background checks,
identity verification, or sex offender registry searches
on its users.
We cannot verify the accuracy of user profiles or guarantee
the safety of any interaction.
You acknowledge and agree that:
-
You are solely responsible for your interactions with
other users.
-
We make no representations or warranties about the
identity, intentions, or behavior of any user.
-
You should exercise caution and follow safe dating
practices when meeting people through our Service.
8. Third-Party Services
Our Service may contain links to third-party websites,
services, or advertisements. We are not responsible for the
content, accuracy, or practices of any third-party services.
Your interactions with third parties are solely between you
and them.
9. Disclaimers
Kyndl is provided "as is" and "as available" without
any warranties of any kind, express or implied.
We do not guarantee that:
-
The Service will be uninterrupted, secure, or
error-free.
- Any defects or errors will be corrected.
-
The Service will meet your expectations or lead to
successful connections.
- User content is accurate, reliable, or appropriate.
10. Limitation of Liability
Understanding Our Liability Limits
To the maximum extent permitted by Australian law, N2N
Productions Pty Ltd and its employees, contractors, and
service providers will not be liable for any indirect,
consequential, incidental, special, or punitive damages
arising from:
-
Your use of, or inability to use, Kyndl's services
(including video calls, voice calls, messaging, or
matching features);
-
The behavior, content, or actions of other Kyndl users,
whether on or off the app;
-
Any security breach, unauthorized access to your
account, or loss of your data;
-
Service interruptions, technical issues, or account
suspension;
-
Malware, viruses, or harmful code that may affect your
device through use of our Service;
-
Any loss of business opportunity, profits, data, or
goodwill;
-
Errors or inaccuracies in user profiles, content, or
matching results.
This applies even if we've been informed that such damages
were possible.
These limitations apply regardless of the legal theory
(contract, negligence, or otherwise) and even if any remedy
fails its essential purpose.
Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any
guarantee, warranty, term, or condition, right, or remedy
implied or imposed by the Australian Consumer Law (ACL) or
any other applicable consumer protection law that cannot
lawfully be excluded, restricted, or modified. If the ACL or
any other applicable law implies a condition, warranty, or
guarantee into these Terms, our liability for breach is
limited (to the extent permitted by law) to resupplying the
services or paying the cost of having them resupplied.
11. Indemnification
You agree to indemnify, defend, and hold harmless N2N
Productions Pty Ltd, its affiliates, officers, directors,
and employees from any claims, damages, losses, liabilities,
and expenses (including legal fees) arising from:
- Your use of the Service.
- Your violation of these Terms.
- Your violation of any third-party rights.
- Your Content or conduct on the Service.
12. Governing Law and Dispute Resolution
Which Law Applies
These Terms are governed by the laws of Australia.
Let's Talk First - Informal Resolution
We value our users and want to resolve any issues fairly and
quickly.
Please contact us so we can try to sort things
out.
If you have a concern or dispute with Kyndl, send us a
detailed email at:
legal@n2nproductions.com.au
Please include in your email:
-
Your name and the email/phone linked to your account;
- A clear explanation of the issue;
- What you'd like us to do to resolve it.
We'll work with you in good faith to resolve your dispute
within 60 days.
Individual Disputes Only - No Class Actions
Both you and Kyndl agree that disputes must be brought
individually.
This means:
-
You can't join your claim with other users' claims in a
class action lawsuit;
-
You can't bring a representative action on behalf of
other users;
-
The arbitrator can only award relief to you
individually, not to a group.
We've designed Kyndl to be fair to individual users, and we
believe individual dispute resolution is the best way to
address concerns.
If this class action waiver is found invalid by a
court, then the arbitration provision doesn't apply to
that dispute, but all other parts of these Terms remain
in effect.
Arbitration Costs
Each party is responsible for their own legal fees, costs,
and arbitration expenses. You are responsible for all costs
associated with initiating and pursuing arbitration.
Changes to Dispute Resolution
Notwithstanding any provision in these Terms to the
contrary, if we make any future material change to this
Dispute Resolution section, you may reject that change by
sending us written notice within 30 days of the change to
the address above, in which case your account will be
immediately terminated and this Dispute Resolution provision
as in effect immediately prior to the changes you rejected
will survive.
Consumer Protection Rights
Nothing in this section shall limit any non-waivable
consumer protection rights under Australian consumer law,
including rights under the Australian Consumer Law (ACL).
Where local consumer protection laws prohibit any of the
above provisions, those provisions shall not apply to the
extent prohibited.
13. Changes to These Terms
We may update these Terms from time to time. We will notify
you of significant changes by posting the updated Terms on
this page and updating the "Effective Date." Your continued
use of the Service after changes are posted constitutes your
acceptance of the revised Terms.
14. Contact Us
If you have any questions about these Terms, please contact
us:
- Email: legal@n2nproductions.com.au
- Company: N2N Productions Pty Ltd
By using Kyndl, you acknowledge that you have read,
understood, and agree to be bound by these Terms and
Conditions.