# INTRODUCTION AND BACKGROUND INFORMATION Welcome to Kindara Inc.'s ("Kindara's") website located at [http://www.kindara.com/home](http://www.kindara.com/home) (the "Website"). These Terms of Use govern your use of all Sites, all content, data, and information provided on and/or through the Sites, and any products and services offered by Kindara and purchased through the Sites (collectively the "Products and Services"). The Products and Services allow women and men to track health and/or fertility information. **THE PRODUCTS AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED AS MEDICAL ADVICE.** ## 1. ACCEPTANCE OF TERMS - These Terms of Use govern your use of the Products and Services, whether provided through the Website, Wink by Kindara, or the App. - By accessing or using the Products and Services, you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms. ## 2. ELIGIBILITY; ACCESS - You represent and warrant that you are at least the age of majority in the jurisdiction where you are located and fully able to enter into and be bound by these Terms. - The Website, Wink by Kindara, the App, and the Products and Services are controlled by Kindara from its facilities in the United States. ## 3. ADDITIONAL TERMS - **3.1 Privacy Policy.** The Kindara Privacy Policy at [http://privacy](http://privacy) is incorporated into these Terms by reference. - **3.3 Participation in Clinical Studies.** By using Kindara's products and/or services, you consent to being contacted as a potential participant in any clinical studies Kindara plans to conduct. ## 4. MODIFICATION OF THE TERMS - Kindara reserves the right to change these Terms at any time with or without notice. The most recent date of revision will be posted. ## 5. PRODUCTS AND SERVICES, ORDERS, ONLINE ORDERS, REFUNDS - **5.1 General.** The Products and Services are intended to assist women and couples to track health and fertility information. Users input personal information related to health and fertility indicators into the Products and Services. - **5.5 Accuracy and Integrity of Information.** Kindara attempts to ensure the accuracy of the content presented but makes no representations, warranties, or guarantees as to its correctness. ## 6. FEES FOR SERVICES - **6.1 General.** Portions of the Products and Services may be provided for free or for a recurring subscription fee. - **6.3 Free Trial Period.** Certain fee-based portions may be available for a one-time free trial period. ## 7. OWNERSHIP; PROPRIETARY RIGHTS - The Website, Wink by Kindara, the App, and the Products and Services are owned by Kindara. All Kindara Materials are the property of Kindara or its subsidiaries or affiliates. ## 8. WARNINGS; USER GENERATED CONTENT; CONTENT DISCLAIMER - **8.1 Risks of Sexual Activity; Pregnancy.** Engaging in sexual activity may expose partners to sexually transmitted diseases. You assume complete and sole responsibility for any outcomes. ## 9. PROHIBITED USES - You agree not to use any portion of the Website, Wink by Kindara, the App, or the Service for unlawful purposes. ## 10. YOUR PERSONAL ACCOUNT ### 10.1 Account Registration - To access portions of the Products and Services, you may need to create an account on the Website or through the App. ### 10.2 Password - You are solely responsible for maintaining the confidentiality of your account and password. ## 11. LINKS AND THIRD-PARTY CONTENT - Kindara has no control over third-party sites and makes no claims regarding their accuracy. ## 12. AVAILABILITY OF SERVICE - Kindara may discontinue or make changes to the Website or Products and Services at any time. ## 13. TERMS OF USE VIOLATIONS; TERMINATION - Kindara may terminate your account for violation of these Terms. ## 14. INDEMNIFICATION; HOLD HARMLESS - You agree to indemnify Kindara for any claims arising out of your use of the Website or Services. ## 15. DISCLAIMERS; NO WARRANTIES ### 15.1 No warranties - Kindara disclaims all warranties regarding the Website, Wink by Kindara, the App, and the Products and Services. ## 16. LIMITATION OF LIABILITY AND DAMAGES - Kindara is not liable for any indirect, incidental, or consequential damages. ## 17. LIMITATIONS BY APPLICABLE LAW. - Some jurisdictions do not allow limitations on implied warranties or certain damages. ## 18. UNAUTHORIZED USE OF THIRD-PARTY CONTENT - If you believe any content infringes your intellectual property rights, you may submit a notification pursuant to the DMCA. ## 19. UNITED STATES EXPORT CONTROLS - You agree to comply with all export laws when using the Website or Products. ## 20. Miscellaneous - **20.1 Notice.** Kindara may provide notices through electronic mail or postal delivery. - **20.2 Dispute Resolution.** These Terms shall be governed by the laws of the State of Colorado. - **20.8 Headings.** The headings are for convenience only and do not affect any provisions of these Terms. - **20.9 Entire Agreement.** This is the entire agreement between you and Kindara relating to the subject matter herein.