Terms of Service

General

BY CLICKING THE "I HAVE READ AND AGREED TO THE TERMS OF SERVICE AND PRIVACY POLICY" BUTTON
DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO THE TERMS OF SERVICE AND PRIVACY POLICY
GOVERNING YOUR USE OF KINDLING.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT
YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS
"YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT SELECT THE "I HAVE READ AND
AGREED TO THE TERMS OF SERVICE AND PRIVACY POLICY" BUTTON AND YOU MAY NOT USE THE SERVICE.

Disclaimer of Warranty and Limitation of Liability

The Kindling service is provided on an "AS IS" basis, without warranty of any kind, including
without limitation the warranties of merchantability, fitness for a particular purpose and
non-infringement. Should the service prove defective, you and not Kindling LLC assume the entire cost of any
service and repair you may desire.

KINDLING LLC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY,
SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. KINDLING LLC DOES
NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR
ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE
WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D)
ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO
YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE
HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY ARTIFACT AND ITS LICENSORS.

Outages, Delays, and Loss of Data

THE KINDLING SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OUTAGES THAT MAY RENDER THE SERVICE
UNAVAILABLE AND MAY RENDER YOUR DATA UNRECOVERABLE. KINDLING LLC IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY
FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

Your Data

Kindling LLC will take appropriate security measures to protect against unauthorized access to or unauthorized
alteration, disclosure or destruction of your data. Kindling LLC uses third party vendors and hosting partners
to provide the necessary hardware, software, networking, storage, and related technology required to
run Kindling. Although Kindling LLC owns the code, databases, and all rights to the Kindling application, it
shall not be held liable for the fault or negligence by any third party vendors or hosting partners.
Unless specifically offered as a feature of a pay package, Kindling LLC will store your data in unencrypted
form.

License Grant & Restrictions

Kindling LLC hereby grants you a non-exclusive, non-transferable, worldwide right to use the Kindling service,
solely for your own internal business purposes, subject to the terms and conditions of this Agreement.
All rights not expressly granted to you are reserved by Kindling LLC and its licensors.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise
commercially exploit or make available to any third party the Kindling service in any way; (ii) modify
or make derivative works based upon the Kindling service; (iii) "frame" or "mirror"
any Content on any other server or wireless or Internet-based device, without the express written
consent of Kindling LLC; or (iv) reverse engineer or access the Kindling service in order to (a) build a
competitive product or service, (b) build a product using similar ideas, features, functions or
graphics of the Kindling service, or (c) copy any ideas, features, functions or graphics of the
Kindling service.

You may use the Kindling service only for your internal business purposes and shall not: (i) send spam
or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store
infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including
material harmful to children or violative of third party privacy rights; (iii) send or store material
containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts,
agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the
data contained therein; or (v) attempt to gain unauthorized access to the Service or its related
systems or networks.

Your Responsibilities

You are responsible for all activity occurring under your instance of Kindling and shall abide by all
applicable local, state, national and foreign laws, treaties and regulations in connection with your
use of the Kindling service, including those related to data privacy, international communications and
the transmission of technical or personal data. You shall: (i) notify Kindling LLC immediately of any
unauthorized use of any password or account or any other known or suspected breach of security; (ii)
report to Kindling LLC immediately and use reasonable efforts to stop immediately any copying or distribution
of the Kindling service that is known or suspected by you or your Users; and (iii) not impersonate
another Kindling LLC user or provide false identity information to gain access to or use the Kindling service.
You are responsible for exporting or backing up your data in Kindling. Kindling LLC may not be held liable for
outages or delays that may result in the loss of your data.

Ownership

Kindling LLC alone (and its licensors, where applicable) shall own all right, title and interest, including all
related Intellectual Property Rights, in and to Kindling LLC, the Kindling service and any suggestions,
enhancement requests, feedback, recommendations or other information provided by you or any other party
relating to the Kindling service. This Agreement is not a sale and does not convey to you any rights of
ownership in or related to the Kindling service, Kindling LLC, Inc. or the Intellectual Property Rights owned
by Kindling LLC. The Kindling LLC name, Kindling LLC logo, Kindling name and Kindling logo and the product names associated
with Kindling LLC are trademarks of Kindling LLC, and no right or license is granted to use them.

Payment of Fees

You shall pay any and all applicable fees or charges to your account in accordance with the fees,
charges, and billing terms in effect at the time a fee or charge is due and payable. Payments shall be
made in accordance with the terms and conditions set forth by Kindling LLC, or as otherwise mutually agreed
upon. You are responsible for paying any then, generally applicable fees or charges during the
applicable billing period. Kindling LLC reserves the right to modify its fees and charges and to introduce new
charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail.
Should fees or charges change, they will not be applied retroactively to either monthly or yearly
accounts. All payments made to Kindling LLC for the service are non-refundable.

Cancellation & Termination

You are solely responsible for properly canceling your account. You can cancel your account at any time
by clicking on the Account Settings link in the administration console in Kindling. Only the user that
initially signed up for either the free or pay Kindling service may cancel an account. Kindling LLC is under
no obligation to cancel an account by any other means including telephone or email communication.

Upon cancelling your account, all your non-user account content will be deleted. This data cannot be
recovered once your account is cancelled. If you cancel an account before the end of your current
paid-for-month or paid-for-year, your cancellation will take effect immediately. Once your account is
cancelled, Kindling LLC will no longer charge you for the service.

Kindling LLC, in its sole discretion, has the right to suspend or terminate your account and refuse any and
all current or future use of the Kindling service, or any other Kindling LLC service, for any reason at any
time. Such termination of the Kindling service will result in the deactivation or deletion of your
account or your access to your account, and the forfeiture and relinquishment of all data in your
account. Kindling LLC reserves the right to refuse service to anyone for any reason at any time.

Changes to this Agreement

Kindling LLC may periodically update this agreement. We will notify you about any material changes to our Terms
Of Service agreement by notifying you by email to your email address in our records or by prominantly
notifying you on the Kindling application. If you have any questions about this agreement, please
contact support@kindlingapp.com.