Terms of Service

1. About this document

These terms (the "Terms") are an agreement between you and VibeTrip, Inc., a Delaware public benefit corporation, 640 N San Antonio Road, Los Altos, CA 94022, USA ("we" or "us"), governing your use of its Kin Mind product (the "Service"): the apps for iPhone, Apple Watch, and Mac, the hub (local or cloud), the cloud services for accounts and subscriptions, Kin Mind physical devices, and the kinmind.si website.

By creating an account or using the Service, you accept these Terms and our Privacy Policy (the "Privacy Policy"). If you do not agree, do not use the Service. How we process data is described in the Privacy Policy; these Terms refer to it.

2. Who may use the Service

• You are at least 18 years old and have the legal capacity to enter into contracts under the laws of your country.
• You create an account for yourself or your family, not on behalf of an organization, unless you have a separate agreement with us.
• If you add members to your household, you are responsible for making sure they meet these requirements and comply with these Terms. You may not add anyone under 18 to a household (Section 6).

We may refuse to create an account or suspend an account if these requirements are not met.

3. Account, household, and hub

3.1 Account

You sign in with Apple or Google (and, in some regions, with a phone number). Connect only your own accounts or accounts you are authorized to use. Do not share sign-in codes, tokens, or access to your devices with others. Anything done from your account is treated as done by you until you notify us that your account has been compromised.

3.2 Household

A household is a group of accounts that share a hub. The household owner invites and removes members, assigns roles and device access permissions, sets up member context cards, is responsible for the smart home setup and for who has access to conversations and devices, and transfers ownership to another member before deleting their own account. Administrators act within the permissions the owner has given them. Members and guests see only what has been shared with them.

3.3 Hub

• The cloud hub is provided by us as part of your subscription. Its resources depend on your subscription tier. The cloud hub is deleted together with the household owner's account.
• The local hub runs on your own device. You are responsible for the device, its updates, backups, and physical access to it. We update the hub software. You may postpone an update, but older versions may stop working with the cloud.
• Remote support for a local hub is available only at your explicit request and ends when you withdraw it.

3.4 Physical devices

Kin Mind devices work only together with a hub. Firmware is updated through the Service. Sale and warranty terms for devices are provided at the time of purchase.

4. Subscription and payment

• Some features of the Service are paid. The tiers, prices, trial period, and terms for your region are shown in the app at the time of purchase and may change; the ones you saw when you subscribed apply.
• Payment is processed by a payment provider or an app store under its own rules. Your card details are not shared with us.
• Your subscription renews automatically for the same term at the current price until you cancel it. We will notify you of any price change at least 30 days in advance.
• You may cancel your subscription at any time in the app or with the payment provider. You keep access until the end of the paid period. We do not refund the unused remainder, except as described below or as required by law.
• If a paid feature did not work for a substantial part of the period through our fault, contact support and we will refund a proportionate amount. Refunds for purchases made through an app store are handled by its operator under its own rules. Any refund rights you have under the laws of your country are not affected.
• If a payment fails, access to paid features is suspended until payment is made. Your data is retained in the meantime for the periods set out in the Privacy Policy.
• Your subscription tier sets usage limits. When you reach them, the assistant will warn you and restrict some features until the next period. We may apply additional limits to protect the Service from abuse.

5. What the assistant can do and what it does not guarantee

5.1 Features

Kin Mind responds by voice and text, remembers what matters, sets reminders and timers, carries out background tasks, controls your smart home and media, reads from and writes to connected services at your request, searches the web, and provides weather and news. The available features depend on your region, subscription, device, and the operation of third-party services.

5.2 Model responses

Responses are generated by a language model. It can make mistakes, leave out information, make up facts, and misunderstand your request. Check important responses against reliable sources before you make decisions or share them with others. The assistant's responses are not medical, legal, financial, or other professional advice.

5.3 Actions on your behalf

The assistant takes actions (sends emails, changes events, controls devices, writes to files) only at your request. Actions that other people can see, that delete data, or that affect other people's files and shared folders are taken only after your explicit confirmation. You are responsible for the results of actions you confirm. The assistant does not make purchases or bookings.

5.4 Smart home and safety

Kin Mind controls devices based on your commands and automations. Do not use the Service as the only means of controlling systems on which safety, health, or property depend (locks, alarms, heating, medical devices). We do not guarantee that a command will be carried out on time or at all: the connection, the device, or a third-party service may fail.

5.5 Availability

We try to keep the Service running without interruption but do not promise it. Interruptions may occur due to maintenance, network issues, model providers, sign-in providers, and third-party services. We will notify you of scheduled maintenance in advance when possible.

6. Household members and children

• Kin Mind is intended for adults only and is not intended for anyone under 18. You may not create an account for a child, add a child to a household, or give a child access to the Service.
• The owner is responsible for making sure that members are entitled to be in the household and that their data was added with their knowledge.
• A voiceprint is created only at the command of the person themselves. Recording another person's voice without their consent is prohibited.

7. Acceptable use

You may not:

• violate the law, the rights of others, or the terms of connected services;
• circumvent subscription limits, household roles, confirmation checks, or the Service's security measures;
• obtain other people's data without permission, including through connections and the smart home;
• use Google data obtained through Kin Mind for sale, advertising, credit assessment, or training general-purpose models;
• send spam, malicious code, threats, or unlawful material through the assistant;
• disrupt the Service, overload it with automated requests, or probe it for vulnerabilities without our written consent;
• resell the Service or provide access to third parties outside your household;
• extract the assistant's models, prompts, or internal instructions, or use the Service to build a competing product.

If you violate these rules, we may restrict features or suspend or close your account; in the case of a serious violation, without notice.

8. Third-party services

Apple, Google, smart home providers, media services, payment providers, app stores, and model providers are subject to their own terms. Kin Mind is not a Google or Apple service; the availability of a connection does not mean that they endorse or certify Kin Mind. We are not responsible for changes to or failures of third-party services, but we will try to warn you if they affect how the assistant works.

9. Intellectual property

• The Service, apps, hub, firmware, design, text, and Kin Mind marks belong to us or our licensors. You receive a personal, non-transferable, revocable license to use the Service under these Terms. You may not copy, modify, decompile, or distribute the Service, except as permitted by law.
• Your data (conversations, memory, attachments, settings) remains yours. You grant us a license to process it to the extent needed to operate the Service, as described in the Privacy Policy.
• You may freely use output the assistant produces at your request, subject to third-party rights in the source materials and the restrictions in Section 7.
• You provide feedback and suggestions without restriction: we may use them without compensation.

10. Changes to the Service

We continue to develop the Service: features may be added, changed, or removed, and some features are labeled as beta and may be unstable. If we remove a paid feature in a significant way, we will notify you at least 30 days in advance and offer a proportionate refund or a move to another tier.

11. Termination

• By you: cancel your subscription and delete your account in settings. Before deleting it, transfer ownership of your household if it has other members; otherwise, the household and the cloud hub will be deleted. The procedure and timing of erasure are described in the Privacy Policy.
• By us: we may close your account if you violate these Terms, if required by law, if we discontinue the Service in your region (with at least 60 days' notice and a refund of the unused remainder of your subscription), or after an extended period of inactivity without a subscription.
• Upon termination, the license in Section 9 ends; Sections 9 and 12–15 survive.
• Your local hub and physical devices remain yours; their operation without an account may be limited.

12. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE MAKE NO WARRANTIES AS TO THE ACCURACY OF RESPONSES, UNINTERRUPTED OPERATION, FITNESS FOR A PARTICULAR PURPOSE, OR COMPATIBILITY WITH YOUR DEVICES AND THIRD-PARTY SERVICES. THIS DOES NOT LIMIT ANY WARRANTIES THAT CANNOT BE EXCLUDED UNDER THE LAWS OF THE PLACE WHERE YOU LIVE.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: WE ARE NOT LIABLE FOR INDIRECT DAMAGES, LOST PROFITS, LOSS OF DATA THAT YOU DID NOT BACK UP, OR THE CONSEQUENCES OF ACTIONS YOU CONFIRMED TO THE ASSISTANT; OUR TOTAL LIABILITY FOR ALL CLAIMS OVER ANY 12-MONTH PERIOD IS LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE DURING THOSE 12 MONTHS OR US $100, WHICHEVER IS GREATER. THESE LIMITATIONS DO NOT APPLY IN CASES OF INTENT, GROSS NEGLIGENCE, DEATH OR PERSONAL INJURY, OR OTHER CASES WHERE THE LAW DOES NOT ALLOW LIABILITY TO BE LIMITED.

14. Indemnification

You agree to indemnify VibeTrip, Inc., its affiliates, officers, employees, and agents against losses arising from third-party claims, including reasonable attorneys' fees, caused by your violation of these Terms, the law, or the rights of third parties, including through connections, the smart home, and household members' data added without their knowledge. This does not apply to consumers in countries where such a provision is not permitted.

15. Governing law and disputes

• These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules.
• Disputes arising out of these Terms or your use of the Service will be heard exclusively in the state and federal courts located in the State of Delaware; you consent to their jurisdiction and venue.
• Mandatory consumer rights under the laws of the place where you live are preserved to the extent they cannot be waived by contract.
• Before going to court, write to us at [email protected] and give us 30 days to resolve the dispute.

16. Mobile apps and app stores

The apps are distributed through the App Store. Apple is not a party to these Terms, has no obligation to provide support or maintenance for the app, and is not responsible for claims relating to it, including third-party claims of infringement. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in a country subject to a U.S. embargo and are not on any U.S. government list of prohibited parties. You will comply with the app store's rules when using the app.

17. Miscellaneous

• These Terms and the Privacy Policy are the entire agreement between us regarding the Service. If any provision is invalid, the remaining provisions stay in effect. Failure to exercise a right is not a waiver of that right.
• We may assign our rights under these Terms to a successor with notice to you; you may do so only with our consent.
• Notices are sent in the app or to your account email; notices to us go to [email protected].
• These Terms are published in English and Russian; in case of discrepancy, the English version prevails.

18. Changes to these Terms

We may change these Terms. We will notify you of material changes in the app or by email at least 14 days in advance. Continuing to use the Service after the changes take effect means you accept them. If you do not agree, stop using the Service and delete your account before that date, and we will refund the unused remainder of your subscription.

19. Contact

VibeTrip, Inc., 640 N San Antonio Road, Los Altos, CA 94022, USA — [email protected].