Terms of Service

Last Updated: October 23, 2024

Welcome to Kibi ("Company", "we", "our", or "us"). Please read these Terms of Service ("Terms") carefully before using our emotional habit-coaching experience, Kibi ("Service"), available at heykibi.com ("Site"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access or use the Service.

Kibi offers a personalized, emotionally-aware coach that helps you stay accountable to your habits and daily commitments. Instead of maintaining conversations for companionship, Kibi gently nudges you through routines and celebrates progress, so you can build momentum that sticks.

1. Acceptance of Terms

By accessing or using the Service, you agree to comply with and be bound by these Terms, our Privacy Policy, and any additional terms applicable to specific sections of the Service or to products and services available through the Service.

2. Changes to Terms

We reserve the right to modify or replace these Terms at any time. We will provide notice of any significant changes by updating the "Last Updated" date at the top of these Terms. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

3. Description of Service

Kibi provides subscription and free experiences that help you create sustainable habits through emotionally-aware coaching. The Service delivers adaptive reminders, context-aware guidance, and motivation tools that respond to your check-ins, mood, and progress.

4. User Accounts

• Registration: To access certain features of the Service, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.
• Security: You are responsible for safeguarding your account credentials and agree to notify us immediately of any unauthorized use of your account.
• Eligibility: You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you meet the age requirement.

5. Subscription and Payments

• Subscriptions: The Service operates on a freemium and subscription basis. Details of the subscription plans, including pricing and billing cycles, are available on the Site.
• Payment Processing: Payments are processed securely through Stripe, Google Pay, and Apple Pay. By subscribing, you authorize us and Stripe, Google Pay, and Apple Pay to charge your chosen payment method for the subscription fees.
• Automatic Renewal: Subscriptions automatically renew at the end of each billing cycle unless canceled before the renewal date.
• Cancellation: You may cancel your subscription at any time through your account settings. Cancellations will take effect at the end of the current billing period.
• Refunds: All subscription fees are non-refundable unless required by law or as expressly stated in these Terms.

6. Data Retention and Privacy

• Data Collection: We collect and process personal data as described in our Privacy Policy. By using the Service, you consent to such data practices.
• Data Retention: We retain your personal data for as long as necessary to provide the Service, comply with legal obligations, resolve disputes, and enforce our agreements. Specific retention periods are outlined in our Privacy Policy.
• Data Security: We implement reasonable security measures to protect your data from unauthorized access, disclosure, alteration, and destruction.

7. User Content

• Responsibility: You are solely responsible for any content you interact with through the Service. We do not endorse, guarantee, or assume responsibility for any user-generated content.
• Prohibited Content: You agree not to upload, post, or otherwise transmit any content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable.

8. Prohibited Activities

You agree not to:

• Use the Service for any illegal or unauthorized purpose.
• Attempt to gain unauthorized access to the Service or its related systems.
• Interfere with the operation of the Service or disrupt servers or networks connected to the Service.
• Use automated means to access the Service for any purpose without our express written permission.

9. Termination

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will cease immediately. All provisions of the Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Disclaimers and Limitation of Liability

• Disclaimer of Warranties: The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied.
• Limitation of Liability: To the fullest extent permitted by law, Kibi shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising from your use of the Service.

11. Indemnification

You agree to indemnify, defend, and hold harmless Kibi, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service, or your violation of these Terms.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Washington for the resolution of any disputes arising out of or relating to these Terms or the Service.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in effect.

14. Entire Agreement

These Terms constitute the entire agreement between you and Kibi regarding the use of the Service and supersede all prior agreements, understandings, and representations.

15. Contact Information

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

Kibi

Email: support@mail.heykibi.com

Address: $Parkway Southeast, Newcastle, WA