Terms and Conditions

3.1 Accuracy of Information

You are responsible for ensuring that all information you provide to Kindred is accurate, current, and complete. This includes information provided during:

• Account registration and profile creation
• Project inquiries and service requests
• Billing and payment processing
• Communication and correspondence

You must promptly update any information that becomes inaccurate or outdated.

3.2 Indemnification Obligations

You agree to indemnify, defend, and hold harmless Kindred, its affiliates, officers, directors, employees, agents, and partners from any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising from:

• Your violation of these Terms and Conditions
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights, including intellectual property rights
• Any content or information you submit through our services
• Your use or misuse of our services
• Negligent or willful misconduct in connection with our services

3.3 Privacy and Data Protection

You acknowledge your responsibilities regarding privacy and data protection:

• Obtaining necessary consents before sharing personal data of others
• Complying with applicable data protection regulations
• Maintaining the confidentiality of sensitive information
• Respecting the privacy rights of other users

3.4 Third-Party Interactions

You are solely responsible for your interactions with third parties facilitated through our services. Kindred is not responsible for any disputes, losses, or damages arising from such interactions. You should exercise caution and good judgment in all third-party dealings.

4.2 Service Availability Disclaimer

We do not warrant that our services will be uninterrupted, timely, secure, or error-free. Access to our services may be affected by factors beyond our control, including internet connectivity, hardware failures, or third-party service disruptions.

4.3 Content Accuracy Disclaimer

While we strive to provide accurate and up-to-date information, we do not warrant the accuracy, completeness, or reliability of any content on our website. Information may contain technical inaccuracies or typographical errors and may be changed or updated without notice.

4.4 Third-Party Content Disclaimer

Our website may contain links to third-party websites or reference third-party products or services. We do not endorse, warrant, or assume responsibility for any third-party content, products, or services. Your use of third-party resources is at your own risk.

5.2 Liability Cap

In no event shall Kindred's total liability to you for all claims arising from or related to our services exceed the greater of:

• The amount paid by you to Kindred for the specific service giving rise to the liability during the twelve months preceding the claim, or
• One hundred US dollars (USD $100)

5.3 Force Majeure

Kindred shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, labor disputes, governmental actions, internet failures, or failures of third-party service providers.

5.4 Basis of the Bargain

You acknowledge that the limitations of liability set forth in these Terms reflect a reasonable allocation of risk and are fundamental elements of the basis of our agreement. Kindred would not be able to provide services on an economically reasonable basis without these limitations.

6.1 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Netherlands, without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

6.2 Jurisdiction and Venue

You irrevocably agree that the courts of the Netherlands shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation. You irrevocably waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.

6.3 Informal Dispute Resolution

Before pursuing formal legal action, you agree to first contact Kindred and attempt to resolve any disputes informally. We believe that most issues can be resolved through good-faith communication. To initiate informal resolution:

• Send a detailed description of the dispute to info@kin-dred.com
• Provide your contact information and any supporting documentation
• Allow us 30 business days to investigate and respond
• Engage in good-faith negotiations to reach a mutually acceptable resolution

6.4 Class Action Waiver

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive your right to participate in a class action lawsuit or class-wide arbitration.

7.1 Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and Kindred and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

7.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.

7.3 Waiver

No waiver by Kindred of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

7.4 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision shall be null and void. Kindred may assign or transfer these Terms without restriction.

7.5 Survival

Provisions that by their nature should survive termination of these Terms shall survive, including but not limited to provisions relating to intellectual property, disclaimers, indemnification, limitation of liability, and dispute resolution.

7.6 Notices

All notices under these Terms shall be in writing and shall be deemed given when delivered personally, sent by confirmed email, or three days after being sent by registered or certified mail to the addresses specified in these Terms or as updated by either party.