Terms & Conditions

Legal Compliance Requirements

You agree to comply with all applicable laws, regulations, and ordinances when using our website and services. This includes, but is not limited to:

• 1. Data protection and privacy laws applicable in your jurisdiction
• 2. Intellectual property laws and regulations
• 3. Consumer protection and fair trading laws
• 4. Import/export regulations if applicable
• 5. Anti-spam and communications laws

Prohibited Activities and Behaviors

You expressly agree not to engage in any of the following prohibited activities:

• • Attempting to gain unauthorized access to our systems, networks, or data
• • Introducing viruses, malware, or other harmful code
• • Engaging in any form of automated data collection without permission
• • Interfering with or disrupting our services or servers
• • Misrepresenting your identity or affiliation
• • Using our services for any unlawful or fraudulent purpose
• • Violating the intellectual property rights of Kindred Arc or third parties

Content Guidelines and Restrictions

When providing content or information to us, you agree that such content will not:

• • Contain false, misleading, or deceptive information
• • Infringe on intellectual property rights or proprietary information
• • Contain offensive, defamatory, or harassing material
• • Violate privacy rights or disclose confidential information without authorization
• • Promote illegal activities or encourage violations of laws

Age Restrictions and Requirements

Our services are intended for users who are at least 18 years of age or who have reached the age of majority in their jurisdiction. By using our services, you represent and warrant that you meet these age requirements and have the legal capacity to enter into binding contracts. If you are accessing services on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

Indemnification Obligations

You agree to indemnify, defend, and hold harmless Kindred Arc, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from your use of our services, your violation of these terms, your violation of any rights of third parties, or any content you provide to us. This indemnification obligation survives termination of your use of our services.

Privacy and Data Protection Compliance

You are responsible for ensuring that any data you provide to us complies with applicable privacy and data protection laws. If you provide us with personal data of third parties, you represent that you have obtained all necessary consents and have the legal right to share such information. You agree to indemnify us against any claims arising from your failure to comply with data protection requirements.

Third-Party Interactions

Our website may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of these third parties. Your interactions with third-party sites are governed by their respective terms and policies. We recommend reviewing the terms and privacy policies of any third-party sites you visit.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• • Our website and services are provided "as is" and "as available" without warranties of any kind, either express or implied
• • We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• • We do not warrant that our services will be uninterrupted, error-free, or free from viruses or other harmful components
• • We make no warranties about the accuracy, reliability, or completeness of content on our website

While we strive to provide high-quality services, we cannot guarantee specific results or outcomes from our marketing services, as success depends on numerous factors beyond our control.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINDRED ARC SHALL NOT BE LIABLE FOR:

• 1. Any indirect, incidental, special, consequential, or punitive damages
• 2. Loss of profits, revenue, data, or business opportunities
• 3. Business interruption or loss of goodwill
• 4. Any damages arising from your use or inability to use our services
• 5. Damages resulting from unauthorized access to or alteration of your transmissions or data

In jurisdictions that do not allow the limitation or exclusion of liability, our liability shall be limited to the maximum extent permitted by law. In no event shall our total liability exceed the amount you paid to us for services in the twelve months preceding the event giving rise to liability.

Consequential Damages Exclusion

Under no circumstances shall Kindred Arc be liable for any consequential, indirect, or special damages, including loss of anticipated profits or revenues, loss of data, damage to reputation, or costs of obtaining substitute services. This exclusion applies regardless of whether such damages were foreseeable and whether we were advised of the possibility of such damages.

Force Majeure Provisions

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, epidemics, pandemics, internet or telecommunications failures, or disruptions in third-party services. In such events, our obligations will be suspended for the duration of the force majeure event.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. Any disputes arising from these terms or your use of our services shall be subject to the exclusive jurisdiction of the courts located in Amsterdam, Netherlands. By using our services, you consent to the personal jurisdiction of these courts.

Dispute Resolution Procedures

In the event of a dispute, we encourage the following resolution process:

Severability Clause

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent. If modification is not possible, the provision shall be severed from these terms. The remaining provisions shall continue in full force and effect.

Terms Modification Policy

We reserve the right to modify these Terms and Conditions at any time. When we make material changes, we will:

• • Update the "Last updated" date at the top of this page
• • Post the revised terms on our website
• • Notify active clients of significant changes via email when appropriate

Your continued use of our services after the effective date of any changes constitutes your acceptance of the revised terms. If you do not agree to the modified terms, you must discontinue use of our services.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Terms of Service, and any service-specific agreements, constitute the entire agreement between you and Kindred Arc regarding the use of our website and services. These terms supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Kindred Arc.

Waiver and Assignment

Our failure to enforce any right or provision in these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. You may not assign or transfer these terms or your rights and obligations under them without our prior written consent. We may assign these terms to any affiliate or successor without restriction.