Terms of Service

1. Definitions

• Application: The aKind mobile application and associated services.
• Member: Any person registered with the Application who has accepted these Terms of Service.
• Activity Map: The real-time interactive map showing the density of compatible Members within specific geographical areas.
• Hexagonal Zone: A geographical unit of approximately 340 meters used to group Members for proximity-based matching.
• AI-Interview: A conversational feature used to gather information about a Member's values and lifestyle for compatibility calculation.
• AI-Autopilot: A feature that can suggest or send messages on a Member's behalf to help maintain conversational flow; messages it sends are labeled as such to the recipient.
• Match: A mutual expression of interest between two Members allowing them to communicate directly.

2. Eligibility and Registration

To become a Member of aKind, you must be at least 18 years old. By registering, you represent and warrant that: (i) you have the right, authority, and capacity to enter into this agreement; (ii) all information you provide is true, accurate, and kept up to date; (iii) you are not required to register as a sex offender under the laws of any jurisdiction; and (iv) you are not named on any government sanctions or export control list that would prohibit your use of the Application. You may maintain only one Account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your Account.

3. Description of Services

aKind is a social discovery platform that connects the digital and physical worlds. The services include:

• Proximity Discovery: Highlighting compatible Members within the same Hexagonal Zone.
• Real-Time Map: Visualizing active zones and events to encourage real-world interaction.
• AI-Driven Matching: Utilizing AI-Interview data to provide compatibility percentages.
• Communication Tools: Chat features, including assistance from the AI-Autopilot.

aKind's Services are not a counseling, matchmaking, or introduction-agency service; our sole aim is to help facilitate connections between Members.

4. AI Features and User Responsibility

5. User Obligations and Conduct

Members agree to use aKind in a respectful and safe manner. Prohibited actions include, but are not limited to:

• Posting nudity, sexually explicit content, or violence.
• Harassing, stalking, or intimidating other Members.
• Creating fake profiles or impersonating others.
• Using the Application for commercial solicitation, spam, or to advertise products or services, including escort or similar paid companionship services.
• Posting hateful, discriminatory, or defamatory content, or content that incites violence.
• Disclosing confidential information about other Members, or sharing your own login credentials with anyone else.
• Using bots, scrapers, or automated tools to access or interact with the Application, other than the AI-Autopilot feature we provide.
• Reverse-engineering, decompiling, or otherwise attempting to access the source code or algorithms behind the Application.
• Circumventing or attempting to circumvent any safety feature of the Application, including Ghost Mode, blocking, and reporting tools.
• Engaging in any illegal activity, or activity that infringes the rights of others, including their intellectual property or privacy rights.

Safety Warning: aKind facilitates real-world meetings, and you are solely responsible for verifying the identity of, and exercising caution with, any Member you choose to meet. When meeting a Match in person, we recommend meeting in a public place, telling a friend or family member where you are going and who you are meeting, getting to know someone through the Application or a video call before meeting, and never sending money or financial information to another Member. aKind is not responsible for the conduct of any Member, whether online or offline.

6. Geolocation

aKind's core functionality relies on location data to place you within Hexagonal Zones and power the Activity Map. We only collect and process your location with your explicit, separate consent, given through the Application's onboarding flow. You can withdraw this consent at any time by turning off geolocation in Settings; when you do, features that depend on location (such as the Activity Map and proximity matching) will no longer be available to you, but you can continue to use the rest of the Application. See our Privacy Policy for more detail on how your location data is used and retained.

7. Content License

By posting or uploading content to the Application (including your Profile Photos, videos, and bio), you retain ownership of that content, but you grant aKind a worldwide, royalty-free, non-exclusive license to host, store, reproduce, and display it for the purpose of operating and providing the Services, including showing your profile to other Members.

Separately, where you have given the specific consent described in our Privacy Policy, you also grant aKind a revocable license to use your public Profile Photos and videos in our own marketing and promotional materials, including on our social media channels. You can withdraw this separate consent at any time in Settings - Privacy, which ends this additional license for future use; it does not retroactively affect content already published.

You represent that you own or have the necessary rights to any content you post, and you agree to hold aKind harmless against any claim arising from your content infringing a third party's rights.

8. Intellectual Property

All logos, graphics, trademarks, and software code related to aKind are the exclusive property of Wellnuts, Inc. or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Application for personal, non-commercial purposes. You may not copy, modify, distribute, sell, or lease any part of the Application, except as permitted by applicable law.

9. Moderation and Termination

aKind reserves the right to monitor User-Generated Content (UGC) and investigate complaints, though we are not obligated to actively monitor all content on the Application. Members have access to "Block" and "Report" tools to maintain community safety.

Where we suspend or terminate your Account for violating these Terms, we will, where feasible, give you a brief statement of the reason and a chance to respond, except where content is manifestly illegal or presents an immediate safety risk, in which case we may act immediately. Misuse of the reporting tools, such as manifestly unfounded reports made in bad faith, is itself a violation of these Terms.

You may delete your Account at any time as described in our Privacy Policy. If your Account is inactive for 24 months, it will be automatically deleted in accordance with our Privacy Policy's retention schedule.

10. Indemnification

You agree to indemnify and hold aKind, its officers, employees, and partners harmless from any claim, damage, or expense, including reasonable legal fees, arising from your breach of these Terms, your violation of any law or the rights of a third party, or content you post or transmit through the Application.

11. Limitation of Liability

aKind provides the service on an "as is" and "as available" basis. We do not guarantee that the Application will be error-free, compatible with your device, available at all times, or that you will find a compatible match. To the maximum extent permitted by law, aKind shall not be liable for any indirect, incidental, or consequential damages resulting from your use of the service.

You are solely responsible for verifying the identity of, and exercising judgment about, any Member you interact with or meet, online or in person; aKind is not liable for any dispute, injury, or loss arising from such interactions.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-laws principles.

If you have a dispute with aKind, please contact us first at info@akind.app so we can try to resolve it directly. If you are a consumer located in the European Union, you may also submit your dispute to the European Commission's Online Dispute Resolution platform (ec.europa.eu/consumers/odr).

Nothing in this section limits any mandatory consumer protection rights you have under the law of your country of residence, including your right to bring proceedings before the courts of that country. For any dispute not covered by such mandatory rights, the courts located in Los Angeles County, California shall have jurisdiction.

13. General Provisions

If there is a conflict between these Terms and our Privacy Policy, these Terms shall prevail, except regarding the processing of personal data, where the Privacy Policy prevails.

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to do so later. You may not assign or transfer your rights under these Terms without our consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control. You agree to comply with all applicable export control and economic sanctions laws in your use of the Application.

14. Changes to Terms

We may update these Terms from time to time. We will notify you of significant changes via the Application or email. Continued use of aKind after such changes constitutes acceptance of the new Terms.

15. Contact

If you have any questions regarding these Terms, please contact us at: info@akind.app, or by mail at Wellnuts, Inc., 801 Brickell Avenue, Miami, Florida, 33131, USA.