TERMS OF USE

These KINDRED ALBUM TERMS OF USE (this “Agreement”) govern your access to and use of the websites, web application, albums, waitlist, invitations, account creation and authentication features, photo and video sharing features, comments, reactions, and related services made available by Kindred Album LLC (“Kindred,” “we,” “us,” or “our”), including through kindredalbum.com and app.kindredalbum.com (collectively, the “Service”). This Agreement is entered into by and between Kindred and you (“you” or “your”). By accessing or using any part of the Service, joining the waitlist, accepting an invitation, uploading or viewing album content, or clicking to accept this Agreement, you agree to be bound by this Agreement. If you do not agree, do not access or use the Service.

SECTION 20 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND KINDRED ARE RESOLVED, INCLUDING A BINDING ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER.

1. DEFINITIONS

“Account” means a registered account created by or for a user to access the Service, including as an Album Owner, Co-Host, Contributor, or Reader. Users invited to an Album must create an Account or sign in to an existing Account and accept the applicable invitation before accessing that Album.

“Album” means a private, invite-only collection of photographs, videos, captions, comments, reactions, and related information created or maintained through the Service.

“Album Owner” means the user who creates and manages an Album, controls invitations and permissions for that Album, and, after the beta period, may be the paying account holder for that Album if paid subscriptions are introduced.

“Co-Host” means a user authorized by an Album Owner to upload photos or videos and invite other users to an Album.

“Contributor” means a user authorized by an Album Owner or Co-Host to upload photos or videos to an Album but who does not have full Album management permissions.

“Invitation” means an invitation initiated by an Album Owner or Co-Host for a specific recipient to join an Album. An invitation or invitation link does not, by itself, grant access to an Album. To access the Album, the invited recipient must create an Account or sign in to an existing Account, authenticate using the credentials required by Kindred, and explicitly accept the invitation. Invitations may expire after a period specified by Kindred, and Kindred may permit Album Owners or Co-Hosts to resend, revoke, or delete invitations.

“Reader” means an invited user who may view an Album and, if enabled, comment or react, but who may not upload photos or videos or manage Album members.

“Your Content” means photographs, videos, captions, comments, reactions, text, profile information, and other content or information that you upload, submit, post, transmit, or otherwise make available through the Service.

2. TERM

This Agreement begins on the earlier of the date you first access or use the Service, join the waitlist, accept an invitation, create an Account, access an Album, or click to accept this Agreement, and continues until terminated as set forth herein.

3. MODIFICATIONS

Kindred may modify this Agreement or the Service from time to time by posting an updated version on the Service or otherwise providing notice. Any modifications will be effective when posted or as otherwise stated in the notice. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the modified Agreement. If you do not agree to the modified Agreement, you must stop using the Service.

4. ELIGIBILITY

The Service is intended for users who are at least 18 years old and primarily located in the United States. Kindred does not currently target or direct the Service to users outside the United States. By accessing or using the Service, you represent and warrant that you are at least 18 years old and that your use of the Service is permitted under the laws applicable to you.

You may not create an Account or use the Service on behalf of a person under 18 years old. The Service may include photographs or videos of minors uploaded by adult users, but Kindred does not permit minors to create Accounts or otherwise provide information directly to Kindred through the Service.

5. BETA PROGRAM; NO FEES

The Service is currently being offered as part of a non-commercial, pre-commercial beta program. During this beta period, the Service is provided free of charge and no subscription fees are due.

Kindred may modify, limit, suspend, or discontinue the beta program or any part of the Service at any time. Kindred may introduce paid subscription plans or other commercial terms in the future, but any such paid terms will apply only if and when presented to and accepted by the applicable user.

6. ACCOUNTS, INVITATIONS, AND ALBUM ROLES

You are responsible for maintaining the confidentiality and security of your Account credentials and any invitation links sent to you. You are responsible for all activity that occurs through your Account or access credentials.

Album Owners control who may access their Albums and what permissions those invited users receive. Co-Hosts, Contributors, and Readers may have different permissions. Kindred may rely on the permissions set by Album Owners and Co-Hosts when providing access to an Album.

Invitations and invitation links are intended only for the invited recipient. To join or access an Album through an invitation, an invited recipient must create an Account or sign in to an existing Account, authenticate using the credentials required by Kindred, and accept the invitation. An invitation or invitation link does not grant access to an Album unless and until the recipient has authenticated and accepted the invitation. You may not share, forward, publish, sell, or otherwise make available any invitation or invitation link except as expressly authorized by the applicable Album Owner or by Kindred.

Kindred may record information associated with Account creation, sign-in, invitation acceptance, and acceptance of legal terms, including the applicable user, date and time, IP address, and version of the applicable terms or policies accepted. When an invited recipient accepts an invitation and joins an Album, Kindred may notify the Album Owner, the user who sent the invitation, and other authorized Album administrators that the recipient accepted the invitation and joined the Album, including by email.

You will notify Kindred promptly if you believe your Account, invitation, invitation link, or Album access has been compromised or used without authorization.

7. YOUR CONTENT

As between you and Kindred, you retain ownership of Your Content. Kindred does not claim ownership of Your Content.

You grant Kindred a non-exclusive, worldwide, royalty-free, fully paid, sublicensable license to host, store, reproduce, display, transmit, process, adapt, and otherwise use Your Content solely as reasonably necessary to provide, operate, maintain, secure, support, troubleshoot, improve, and make available the Service and the features you choose to use, including displaying Your Content to authenticated users who have been invited to, accepted access to, and are authorized to access the applicable Album.

Kindred will not sell Your Content, use Your Content for third-party advertising, or use Your Content or other album content to train artificial intelligence models.

You represent and warrant that you have all rights and permissions necessary to upload Your Content to the Service and to grant the license above, and that Your Content and your use of the Service do not violate any applicable law or third-party rights, including privacy, publicity, intellectual property, contractual, or other rights.

You are responsible for Your Content and for deciding who may be invited to access any Album to which you upload or contribute content. Although Kindred is designed as a private, invite-only service and requires invited users to authenticate and accept applicable Album invitations before accessing Albums, invited and authorized users may be able to view, save, download, screenshot, copy, or further share content outside the Service. Kindred is not responsible for the actions of users you or another authorized user invite to an Album.

8. CONTENT DELETION, EXPORT, AND ALBUM CONTINUITY

The Service may allow certain users to export or download content as described in the Service. Available export and download features may vary by role and may change during the beta period.

If you delete your Account, deletion may be permanent and may result in deletion of Your Content, including photos, videos, comments, reactions, profile information, and other information associated with your Account, subject to any limited retention required or permitted by law, security, backup, dispute resolution, abuse prevention, or legal compliance.

Deletion of an Album Owner’s Account may not delete the entire Album if other authorized users remain associated with the Album. Kindred may permit Album ownership or administrative responsibility to transfer to a Co-Host or other authorized user, either as selected by the Album Owner or as otherwise determined by Kindred’s then-current Service functionality.

You should export or download any content you wish to keep before deleting your Account or requesting deletion of Your Content. Kindred is not responsible for loss of content resulting from Account deletion, Album changes, permission changes, or termination of access.

9. ACCESS TO THE SERVICE

Subject to this Agreement, Kindred grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service solely for your personal, non-commercial use, through your authenticated Account, and only in accordance with your assigned Album permissions and any invitations you have accepted.

You may not use the Service for any commercial purpose, including operating a competing service, selling access to Albums, scraping content, or using the Service to provide services to third parties, without Kindred’s prior written consent.

10. PROHIBITED CONDUCT

You will not, and will not permit any third party to: (a) use the Service for any unlawful, harmful, fraudulent, deceptive, harassing, abusive, invasive, threatening, or exploitative purpose; (b) upload, post, share, solicit, create, or transmit child sexual abuse material, sexual exploitation material, non-consensual intimate imagery, or any content that exploits, harms, or endangers minors; (c) upload or share content that infringes or misappropriates any intellectual property, privacy, publicity, contractual, or other third-party right; (d) harass, stalk, threaten, impersonate, shame, exploit, or otherwise harm any person; (e) attempt to access any Account, Album, system, data, or content without authorization; (f) share, forward, publish, sell, or otherwise make available invitations or invitation links to unauthorized recipients, or use an invitation or invitation link that was not intended for you; (g) interfere with, disrupt, disable, damage, or overburden the Service or any related system; (h) use bots, scrapers, crawlers, automated scripts, or similar tools to access or collect information from the Service; (i) reverse engineer, decompile, disassemble, or attempt to derive the source code, structure, or operation of the Service; (j) bypass or circumvent access controls, security measures, usage limits, or other restrictions; (k) circumvent, disable, or interfere with Account authentication, invitation acceptance, Album permissions, or other access-control measures; or (l) use the Service in violation of this Agreement or applicable law.

11. CONTENT MODERATION; REPORTING

Kindred may, but is not obligated to, monitor, review, remove, disable access to, preserve, or report content or activity on the Service, including to investigate suspected violations of this Agreement, protect users, operate and secure the Service, comply with law, respond to legal process, or prevent harm.

Kindred may remove content, suspend or terminate access, disable invitations or invitation links, restrict Album permissions, preserve records, or make referrals to law enforcement or other authorities if Kindred believes, in its discretion, that content or activity may violate this Agreement, applicable law, or the rights or safety of any person.

If the Service makes a reporting feature available, you may use it to report content or activity you believe violates this Agreement. Kindred does not guarantee any particular response or outcome for any report.

12. THIRD-PARTY SERVICES

Kindred may use third-party service providers to host, store, deliver, secure, monitor, support, troubleshoot, or otherwise provide the Service, including email delivery, performance monitoring, error logging, storage, hosting, and similar service providers. Kindred may add, remove, or change service providers from time to time.

The Service may contain links to third-party websites or services. Kindred is not responsible for third-party websites, services, content, policies, or practices.

13. SERVICE TECHNOLOGY

The Service, and the databases, software, code, designs, interfaces, algorithms, workflows, systems, technology, and other materials used by or on behalf of Kindred to operate the Service (collectively, the “Technology”), are owned by Kindred or its licensors and may be protected by intellectual property and other laws.

Except for the limited access rights expressly granted in this Agreement, you receive no right, title, or interest in or to the Technology. Kindred reserves all rights not expressly granted.

14. OWNERSHIP; FEEDBACK

Kindred retains all right, title, and interest in and to the Service, Technology, Kindred name, logos, product names, designs, features, and related intellectual property.

If you provide comments, ideas, suggestions, requests, feedback, or recommendations regarding the Service (“Feedback”), you grant Kindred a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable right to use and exploit the Feedback for any purpose without restriction or compensation to you.

15. PRIVACY

Kindred’s collection, use, and disclosure of personal information is described in Kindred’s Privacy Policy, available at www.kindredalbum.com/privacy, which is incorporated into this Agreement by reference.

You acknowledge that Kindred may send you transactional, administrative, security, invitation, waitlist, Album, and service-related emails, including emails relating to Account creation, authentication, invitations, invitation acceptance, Album membership, Album activity, security, and changes to the Service or applicable legal terms. If you join the waitlist, Kindred may use your email to contact you about early access, invitations, and related Service updates. If you send an invitation or own or administer an Album, Kindred may notify you when an invited recipient accepts the invitation and joins the Album, including by email. If you accept an invitation, Kindred may notify the Album Owner, the user who invited you, and other authorized Album administrators that you accepted the invitation and joined the Album, including by email. You may opt out of non-transactional marketing communications as described in those communications or in the Privacy Policy.

16. TERMINATION; SUSPENSION

You may stop using the Service at any time. Kindred may suspend or terminate your access to the Service, any Account, any Album, or any invitation or invitation link at any time, with or without notice, if Kindred believes you have violated this Agreement, if necessary to protect the Service or other users, or for any other reason during the beta period.

Upon termination, your right to access and use the Service ceases immediately. Kindred may delete or disable access to your Account and Your Content, subject to this Agreement and the Privacy Policy. Sections 1, 7, 8, 10 through 15, and 17 through 22. will survive termination.

17. DISCLAIMERS

THE SERVICE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINDRED DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AVAILABILITY, RELIABILITY, SECURITY, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

KINDRED DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, AVAILABLE AT ANY PARTICULAR TIME, OR THAT CONTENT WILL NOT BE LOST, ALTERED, ACCESSED, OR DISCLOSED. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN COPIES AND BACKUPS OF CONTENT THAT IS IMPORTANT TO YOU.

18. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINDRED WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, CONTENT, GOODWILL, OR USE, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF KINDRED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINDRED’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

19. INDEMNITY

You will indemnify, defend, and hold harmless Kindred and its officers, directors, members, managers, employees, contractors, agents, affiliates, successors, and assigns from and against any claims, losses, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) Your Content; (b) your access to or use of the Service; (c) your violation of this Agreement; (d) your violation of applicable law; or (e) your violation of any third-party right.

20. DISPUTES

Agreement to Arbitrate. Except as provided below, the parties will attempt to resolve any dispute, controversy, or claim arising out of or relating to this Agreement or the Service (each, a “Dispute”) through good-faith discussions. If the Dispute cannot be resolved within thirty (30) days after one party gives notice of the Dispute to the other, either party may submit the Dispute to final and binding arbitration administered by JAMS under its then-current Streamlined Arbitration Rules and Procedures, unless JAMS determines another ruleset applies. The arbitration will be conducted by a single neutral arbitrator in English. The seat and venue of arbitration will be Denver, Colorado, unless the parties agree otherwise in writing. Judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver. YOU AND KINDRED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.

Exception for Equitable Relief. Notwithstanding the foregoing, either party may seek temporary, preliminary, or permanent injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, unauthorized access, security abuse, or violation of confidentiality, privacy, or intellectual property rights.

Governing Law. This Agreement is governed by the laws of the State of Colorado, without regard to conflict-of-law principles. For any claim not subject to arbitration or for any request for temporary, preliminary, or permanent injunctive or equitable relief, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Denver, Colorado.

21. NOTICES

Notices to Kindred must be sent to Kindred Album LLC at PO Box 11241, Denver, CO 80211 or by email to legal@kindredalbum.com. Notices to you may be sent to the email address associated with your Account, invitation, invitation link, waitlist submission, or Album access, or posted within the Service.

If you believe content on the Service infringes your copyright or other intellectual property rights, please contact Kindred at legal@kindredalbum.com with information sufficient for Kindred to identify the content and evaluate your request.

22. ADDITIONAL TERMS

This Agreement, together with the Privacy Policy and any additional terms presented by Kindred for a particular feature or program, constitutes the entire agreement between you and Kindred regarding the Service. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect. Kindred may assign this Agreement without your consent. You may not assign this Agreement without Kindred’s prior written consent. No waiver will be effective unless in writing and signed by the party to be charged. There are no third-party beneficiaries to this Agreement.