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Terms of Service

Last updated: March 2026

Thank you for your interest in Everkind, Inc. (“Everkind,” “we,” or “us”) and our websites at https://everkind.app, along with our related websites (collectively, the “Websites”), mobile and web applications (the “Apps”), and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Everkind regarding your use of the Service.

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING EVERKIND’S PRIVACY POLICY (TOGETHER WITH THESE TERMS OF SERVICE, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE.

1. Service Overview

Everkind is a platform designed to help you build and maintain thoughtful daily habits and wellness routines through gentle, personalized tools and experiences.

2. Accounts and Registration

To access most features of the Service, you must register for an account. When you register, you may be required to provide us with some information about yourself, such as your name and email address. You agree that the information you provide is accurate, complete, and not misleading, and that you will keep it up to date. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account.

3. Eligibility

You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and use of the Service is in compliance with all applicable laws and regulations.

4. Licenses

Limited Right to Use the Service

Subject to your complete and ongoing compliance with these Terms, Everkind grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service.

License Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you will not: (a) reproduce, translate, distribute, publicly display, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism.

Feedback

If you choose to provide input and suggestions regarding existing functionalities, problems with, or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Everkind an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose.

Ownership; Proprietary Rights

The Service is owned and operated by Everkind. The visual interfaces, graphics, design, compilation, information, data, computer code, products, software, services, and all other elements of the Service are protected by intellectual property and other laws. Except as expressly authorized by Everkind, you may not make use of the Site Content.

5. Subscription Pricing and Payment

Use of the Service, or certain features of the Service, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided, all fees are in U.S. dollars and are non-refundable except as required by law. Everkind reserves the right to determine pricing for the Service and may change fees with advanced notice.

6. Third-Party Terms

Everkind may provide tools that enable you to link your content and information to third-party services. Third-party services are not under Everkind’s control, and Everkind is not responsible for any third-party service’s use of your information. Please be sure to review the terms and privacy policy of any third-party services before you share information with them.

7. User Content

Certain features of the Service may permit you to submit, upload, or otherwise transmit content (“User Content”). As between you and Everkind, you retain any copyright and other proprietary rights that you may hold in your User Content.

By uploading User Content to or via the Service, you grant Everkind a worldwide, non-exclusive, irrevocable, transferable, royalty-free right and license to host, use, distribute, modify, adapt, run, copy, translate, and create derivative works of your User Content.

8. Prohibited Conduct

By using the Service, you agree not to:

  • Use the Service for any illegal purpose or in violation of any law;
  • Violate or infringe any third-party intellectual property right;
  • Interfere with security-related features of the Service;
  • Interfere with the operation of the Service or any user’s enjoyment of it;
  • Use the Service to send unauthorized advertisements or spam;
  • Use the Service to upload content containing profane or sexually explicit material, violence, or other inappropriate content;
  • Engage in or promote harassment, discrimination, hate speech, or any form of abusive behavior;
  • Perform any fraudulent activity including impersonating any person or entity;
  • Use any automated script or software to scrape or build a database from the Service; or
  • Attempt to do any of the acts described above or assist any person in doing so.

9. Modification of These Terms

We may change these Terms from time to time. For existing users, material revisions will be effective 30 days after posting or notice unless otherwise stated. If you do not agree to the modified Terms, you should discontinue your use of the Service.

10. Termination

We may, in our sole discretion, at any time and for any or no reason, suspend or terminate your account with or without prior notice. Upon termination of your account, your right to use the Service will immediately cease.

11. Indemnity

You will indemnify and hold Everkind, its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising out of or relating to your use of the Service, your User Content, your violation of these Terms, or your violation of any rights of another.

12. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. EVERKIND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE.

13. Limitation of Liability

IN NO EVENT WILL EVERKIND BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE. EVERKIND’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID EVERKIND FOR ACCESS TO AND USE OF THE SERVICE.

14. Dispute Resolution and Arbitration

THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND EVERKIND WILL BE RESOLVED BY BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION.

15. Miscellaneous

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, are the entire and exclusive understanding and agreement between you and Everkind regarding your use of the Service. You may not assign or transfer these Terms without Everkind’s prior written consent. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions will remain in full force and effect.

Contact Information

If you have any questions about these Terms, please contact us at: legal@everkind.app