Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and KindredLink, Inc. (“KindredLink,” “we,” “us,” or “our”) governing your access to and use of our website(s), applications, platform, APIs, and related services (collectively, the “Services”).

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE SERVICES.

If you are entering into these Terms on behalf of a company, organization, VA medical center, or other legal entity (“Entity”), you represent and warrant that you have the authority to bind that Entity to these Terms, and references to “you” shall refer to both you individually and the Entity.

1. Eligibility

• You must be at least 18 years of age (or the age of majority in your jurisdiction) to create an account or use the Services.
• If you are using the Services on behalf of a veteran who is unable to consent independently, you represent that you have legal authority (e.g., power of attorney, legal guardianship, or authorized facility representative) to act on their behalf.
• We reserve the right to refuse or terminate access to anyone for any reason, including violation of these Terms.

2. Account Registration and Security

• You must provide accurate, current, and complete information during registration and keep your account information updated.
• You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
• You must notify us immediately at security@kindredlink.ai if you suspect unauthorized access to or use of your account.
• We are not liable for any loss or damage arising from your failure to protect your account credentials.

3. Description of Services

KindredLink provides an AI-powered platform for life-story preservation, cognitive engagement, indoor positioning, family engagement, and related services designed for veteran care environments. The Services include, but are not limited to:

• AI-powered conversational agents for life-story capture and reminiscence therapy.
• Legacy Quest cognitive therapy games personalized to individual life history.
• Indoor positioning and tracking using BLE beacon infrastructure.
• Family engagement tools including weekly reports, shared memory feeds, and media sharing.
• Digital Presence (Eternal Voice) persona preservation.
• Administrative dashboards, analytics, and clinical reporting tools for care facilities.

4. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Upload, transmit, or distribute any content that is defamatory, obscene, threatening, harassing, or that infringes on the rights of others.
• Attempt to gain unauthorized access to the Services, other user accounts, computer systems, or networks connected to the Services.
• Interfere with or disrupt the integrity or performance of the Services or the data contained therein.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services.
• Use automated means (bots, scrapers, crawlers) to access the Services without our prior written consent.
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Services.
• Use the Services to build a competing product or service.
• Share, resell, or sublicense your access to the Services without our prior written consent.

5. User Content

5.1 Ownership

You retain ownership of all content you submit, upload, or provide through the Services (“User Content”), including personal narratives, photographs, voice recordings, and other media. KindredLink does not claim ownership of your User Content.

5.2 License Grant

By submitting User Content, you grant KindredLink a limited, non-exclusive, worldwide, royalty-free license to use, process, store, reproduce, and display your User Content solely as necessary to provide, maintain, and improve the Services. This license terminates when you delete your User Content or account, except as required for legal compliance or backup retention.

5.3 AI-Generated Content

Content generated by our AI systems based on your User Content (including storybook illustrations, memory cards, conversation responses, persona models, and analytics reports) is created for your benefit. You may use AI-generated content for personal, non-commercial purposes. KindredLink retains no proprietary claim over AI-generated content that is derived from your User Content, except for the underlying AI models and algorithms used to create it.

6. Facility Agreements

VA medical centers, veteran care facilities, and other organizational users (“Facility Users”) may be subject to additional terms set forth in a separate Facility Services Agreement, Business Associate Agreement (BAA), or Pilot Program Agreement. In the event of a conflict between these Terms and a Facility Services Agreement, the Facility Services Agreement shall control for the Facility User.

7. Fees and Payment

• Certain features of the Services are available free of charge. Paid features are subject to the fees described on our Pricing page or in your Facility Services Agreement.
• Subscription fees are billed in advance on a monthly or annual basis. All fees are non-refundable except as expressly stated in these Terms or required by law.
• We reserve the right to modify pricing with 30 days' written notice. Price changes will not affect the current billing period.
• If payment fails, we may suspend access to paid features until payment is received. We will provide at least 7 days' notice before suspension.

8. Disclaimers

9. Limitation of Liability

10. Indemnification

You agree to indemnify, defend, and hold harmless KindredLink, its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) your violation of any third-party rights.

11. Intellectual Property

• The Services, including all software, algorithms, AI models, designs, trademarks, trade names, logos, and documentation, are the exclusive property of KindredLink or its licensors and are protected by intellectual property laws.
• These Terms do not grant you any right, title, or interest in the Services except for the limited right to use them in accordance with these Terms.
• “KindredLink,” “Legacy Quest,” “Eternal Voice,” “Digital Presence,” and related marks are trademarks of KindredLink, Inc. You may not use these marks without our prior written consent.

12. Termination

• You may terminate your account at any time by contacting us or using the account deletion feature in the Services.
• We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. We will endeavor to provide reasonable notice when possible.
• Upon termination, your right to use the Services ceases immediately. We will provide data export capabilities for a reasonable period (at least 30 days) following termination notice, after which your data may be deleted.
• Sections 5.1, 8, 9, 10, 11, 14, and 15 shall survive termination of these Terms.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a revised effective date and, for registered users, by email or in-app notification at least 30 days prior to the effective date. Your continued use of the Services after the effective date of updated Terms constitutes acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services and terminate your account.

14. Governing Law and Dispute Resolution

• These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
• Any dispute arising out of or relating to these Terms or the Services shall first be subject to good-faith negotiation between the parties for a period of at least 30 days.
• If negotiation fails, the dispute shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware, or remotely at the mutual agreement of the parties.
• Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm.
• CLASS ACTION WAIVER: You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against KindredLink.

15. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, HIPAA Notice, and any applicable Facility Services Agreement, constitute the entire agreement between you and KindredLink regarding the Services.
• 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.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
• Force Majeure: Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including natural disasters, acts of government, pandemic, war, terrorism, or infrastructure failures.
• Notices: Notices to KindredLink must be sent to legal@kindredlink.ai. Notices to you will be sent to the email address associated with your account.

16. Contact

For questions about these Terms, contact us at: