The Kinstructure Company

Terms and Conditions

The Kinstructure Company LLC

Last Updated: March 9, 2025

Welcome to The Kinstructure Company LLC. These Terms and Conditions (“Terms”) govern your access to and use of our services, website, and any related products or services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. ACCEPTANCE OF TERMS

By creating an account, accessing our website, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. These Terms constitute a legally binding agreement between you and The Kinstructure Company LLC (“Company,” “we,” “us,” or “our”).

2. ELIGIBILITY

You must meet the following requirements to use our Services:

  • You must be at least 18 years of age or the age of majority in your jurisdiction
  • You must have the legal capacity to enter into binding contracts
  • You must provide accurate and complete information during registration
  • You must not be prohibited from using our Services under applicable law

3. USER ACCOUNTS

3.1 Account Creation

To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account
  • Taking reasonable steps to prevent unauthorized access

3.3 Account Suspension

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms, fraudulent activity, or if we believe your actions may cause harm to us or third parties.

4. USE OF SERVICES

4.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal or internal business purposes.

4.2 Prohibited Conduct

You agree not to:

  • Use our Services for any illegal or unauthorized purpose
  • Violate any applicable laws, regulations, or third-party rights
  • Transmit any viruses, malware, or other harmful code
  • Attempt to gain unauthorized access to our systems or networks
  • Interfere with or disrupt the integrity or performance of our Services
  • Collect or harvest information about other users without their consent
  • Impersonate any person or entity or misrepresent your affiliation
  • Use automated systems to access our Services without authorization
  • Reverse engineer, decompile, or disassemble any aspect of our Services

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Company Ownership

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, images, software, and designs, are owned by The Kinstructure Company LLC or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 User Content

You retain all rights to any content you submit, post, or display through our Services (“User Content”). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with providing and improving our Services.

5.3 Feedback

If you provide us with any feedback, suggestions, or ideas regarding our Services, you grant us the right to use such feedback without any obligation to compensate you.

6. PAYMENT TERMS

6.1 Fees and Charges

Certain aspects of our Services may be provided for a fee. You agree to pay all applicable fees as described on our website or in your service agreement. All fees are non-refundable unless otherwise stated in writing.

6.2 Billing and Payment

You authorize us to charge your designated payment method for all fees incurred. You are responsible for providing accurate billing information and promptly updating such information if it changes. Failure to pay fees may result in suspension or termination of your access to our Services.

6.3 Price Changes

We reserve the right to modify our fees at any time. We will provide reasonable notice of any fee changes. Your continued use of our Services after such changes constitutes acceptance of the new fees.

7. PRIVACY AND DATA PROTECTION

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our collection, use, and disclosure of your information as described in the Privacy Policy.

8. THIRD-PARTY SERVICES AND LINKS

Our Services may contain links to third-party websites or services that are not owned or controlled by The Kinstructure Company LLC. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any third-party content, goods, or services.

9. DISCLAIMERS AND WARRANTIES

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties that our Services will be uninterrupted, secure, or error-free
  • Warranties regarding the accuracy, reliability, or completeness of any content
  • Warranties that defects will be corrected or that our Services are free of viruses

We do not warrant that our Services will meet your requirements or expectations. You use our Services at your own risk.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE KINSTRUCTURE COMPANY LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of or inability to access or use our Services
  • Any conduct or content of any third party on our Services
  • Any content obtained from our Services
  • Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The Kinstructure Company LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of our Services; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; or (d) your User Content.

12. TERMINATION

12.1 Termination by You

You may terminate your account at any time by contacting us or through your account settings. Upon termination, your right to use our Services will immediately cease.

12.2 Termination by Us

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, all licenses and rights granted to you will immediately cease.

12.3 Effect of Termination

Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

13. DISPUTE RESOLUTION

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which The Kinstructure Company LLC is registered, without regard to its conflict of law provisions.

13.2 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof shall be resolved through binding arbitration, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

13.3 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN US AND YOU INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE THAT: (A) NO ARBITRATION OR PROCEEDING SHALL BE JOINED WITH ANY OTHER; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS-ACTION BASIS; AND (C) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY.

14. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our website and updating the “Last Updated” date. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of our Services.

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Kinstructure Company LLC regarding the use of our Services and supersede all prior agreements and understandings.

15.2 Severability

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

15.3 Waiver

No waiver of any term of these Terms 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.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms without restriction. Any attempted assignment in violation of this provision shall be null and void.

15.5 Force Majeure

We 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, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15.6 Notices

All notices required or permitted under these Terms shall be in writing and shall be deemed delivered when sent to the email address you provided during registration or to our designated contact email address.

16. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

The Kinstructure Company LLC

5900 Balcones Dr.

Ste 100

Austin, TX 78731

Email: support@kinstructure.com

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.