Terms of Service

Kind Act LLC | Effective Date: April 6, 2026

1. Acceptance of Terms

By accessing or using the Kind Act mobile application, website (kindact.app), NFC bracelets, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Description of Service

Kind Act is a platform that encourages acts of kindness through NFC-enabled bracelets, a mobile application, and a website. The Service includes:

  • The Kind Act mobile application (iOS and Android)
  • NFC-enabled kindness chain bracelets
  • Kindness chains: tracking kind acts as bracelets pass from person to person
  • Kindness challenges created by local businesses with rewards
  • A social feed ("Good Vibes") for sharing kindness experiences
  • A gratitude journal
  • A rewards shop for purchasing bracelets and related products

3. User Accounts

Eligibility: You must be at least 13 years of age to create an account and use the Service. If you are under 18, you represent that you have your parent's or guardian's permission to use the Service.

Account Security: You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account.

Accurate Information: You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

4. User Conduct

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable laws
  • Harass, threaten, or intimidate other users
  • Post content that is defamatory, obscene, hateful, or discriminatory
  • Impersonate any person or entity
  • Interfere with or disrupt the Service or its servers
  • Attempt to gain unauthorized access to any part of the Service
  • Use the Service to distribute spam, malware, or other harmful content
  • Manipulate or falsify kindness chain data or challenge completions

5. User-Generated Content

You retain ownership of content you post through the Service (photos, videos, text, and other materials). By posting content, you grant Kind Act LLC a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, display, and distribute your content in connection with the Service.

You are solely responsible for the content you post. Kind Act LLC does not endorse any user content and is not responsible for any content posted by users.

6. NFC Bracelets and Physical Activities

Physical Items: NFC bracelets and other physical products are sold "as is" without warranty of merchantability or fitness for a particular purpose. Kind Act LLC is not responsible for any malfunction, damage, or loss of NFC bracelets.

Assumption of Risk: Kind Act LLC does not control, supervise, or direct the actions users take when participating in kindness challenges, passing bracelets, or performing any kind act. Users participate in all activities at their own risk. Kind Act LLC is not responsible for any injury, loss, property damage, or death that may occur during the performance of any kind act, challenge, or bracelet exchange.

By using the Service, you acknowledge that performing kind acts, passing bracelets to strangers, and participating in challenges involves inherent risks, including but not limited to physical injury, property damage, and interaction with unknown individuals. You voluntarily assume all such risks.

7. Kindness Challenges

Kindness challenges are created by users and third-party businesses and partners. Kind Act LLC serves only as a platform connecting users with these challenges. Kind Act LLC does not:

  • Verify the safety or suitability of any challenge
  • Guarantee the availability, quality, or value of any reward
  • Control the actions of participating businesses or users
  • Assume liability for any interaction between users and businesses

Users should exercise their own judgment when participating in challenges and redeeming rewards.

8. Location Data

The Service may request access to your device's location data. Location sharing is entirely optional. If you allow location access, your general area (not precise address) may be displayed on the kindness chain journey map. If you deny location permission, your experience is still shared but without a map pin. Location is also used for displaying nearby activity and challenges if you allow it.

9. Third-Party Services

The Service integrates with third-party providers including but not limited to Stripe (payments), Firebase (notifications and analytics), Mapbox (maps), Sentry (error tracking), and Cloudflare (content delivery). Your use of these services is subject to their respective terms and privacy policies. Kind Act LLC is not responsible for the practices of these third parties.

10. Intellectual Property

The Service, including its design, logos, trademarks, software, and all content created by Kind Act LLC, is the property of Kind Act LLC and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without express written permission.

11. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Kind Act LLC does not warrant that the Service will be uninterrupted, error-free, or secure.

12. Limitation of Liability

To the maximum extent permitted by law, Kind Act LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use of the Service.

Kind Act LLC's total liability for all claims arising out of or related to these Terms or the Service shall not exceed the amount you paid to Kind Act LLC in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

13. Indemnification

You agree to indemnify, defend, and hold harmless Kind Act LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of any third party; or (d) any kind act, challenge participation, or bracelet exchange you undertake.

14. Dispute Resolution

Binding Arbitration: Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its rules. The arbitration shall take place in Utah, USA. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, United States of America, without regard to its conflict of laws principles.

16. Termination

Kind Act LLC may terminate or suspend your account and access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service will immediately cease. Sections relating to intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution shall survive termination.

17. Changes to These Terms

Kind Act LLC reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service or by other reasonable means. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Contact Information

If you have any questions about these Terms, please contact us at: support@kindact.app

Kind Act LLC
Website: kindact.app

Terms of Service — Kind Act