Terms and Conditions

1. Acceptance of Terms

1.1 Agreement to Terms

By downloading, installing, accessing, or using the Kunba mobile application (the “App”) or the website located at https://kunba.app (the “Website,” and together with the App, the “Service”), you (“you,” “your,” or “User”) agree to be bound by these Terms and Conditions and our Privacy Policy, which is incorporated herein by reference. If you do not agree to all of these Terms, you must not download, install, access, or use the Service.

1.2 Eligibility

You must be at least 13 years of age (or 16 years of age in the European Economic Area) to create an account and use the Service independently. Children under these ages may only use the Service through parent-managed accounts within a family group, where a parent or legal guardian has created and controls the child's account.

By using the Service, you represent and warrant that you meet the applicable age requirement or that you are a parent or legal guardian creating an account on behalf of your child within a family group.

1.3 Modifications to Terms

We reserve the right, in our sole discretion, to modify, amend, or replace these Terms at any time and for any reason. We will notify you of material changes by posting the updated Terms within the App, updating the “Last Updated” date, and/or sending a notification through the App.

Your continued use of the Service after the posting of revised Terms constitutes your irrevocable acceptance of such revised Terms. If you do not agree to the revised Terms, you must immediately cease all use of the Service and delete your account. It is your sole responsibility to review these Terms periodically.

2. Description of Service

Kunba is a family task management application that allows users to:

• Create and manage family groups
• Create, assign, and track tasks within family groups
• Create and share lists (e.g., grocery lists, packing lists)
• Create and share sticky notes
• Receive push notifications about task assignments and updates
• Manage user profiles with photos and avatars

The Service is currently provided free of charge. We reserve the right to introduce paid features, subscriptions, or in-app purchases at any time, subject to updated Terms.

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account using one of the supported authentication methods:

• Apple Sign-In (including Apple's “Hide My Email” relay service)
• Google Sign-In

You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated.

3.2 Account Security

You are solely responsible for:

• Maintaining the confidentiality and security of your account credentials
• All activities that occur under your account, whether or not authorized by you
• Immediately notifying us of any unauthorized use of your account or any other breach of security

We are not liable for any loss or damage arising from your failure to maintain the security of your account.

3.3 Account for Family Members

If you create or manage accounts for family members, including children, you represent and warrant that you have the legal authority to do so and that you accept these Terms on their behalf. You are solely responsible for the activities conducted through any accounts you create or manage for family members.

3.4 One Person Per Account

Each account is for a single individual. You may not share your account credentials with any other person. You may not create multiple accounts for yourself.

4. Acceptable Use Policy

4.1 Permitted Use

You may use the Service only for its intended purpose: personal family task management and collaboration. You agree to use the Service in compliance with all applicable local, state, national, and international laws and regulations.

4.2 Prohibited Conduct

You agree NOT to:

• Use the Service for any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable purpose
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
• Upload, post, or transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party
• Upload, post, or transmit any content that contains viruses, malware, or any other harmful code
• Interfere with or disrupt the Service, servers, or networks connected to the Service
• Attempt to gain unauthorized access to the Service, other user accounts, computer systems, or networks connected to the Service through hacking, password mining, brute force, or any other means
• Use any automated system, including but not limited to robots, spiders, scrapers, or offline readers, to access the Service
• Collect or harvest any personally identifiable information from the Service without authorization
• Use the Service to send unsolicited communications, promotions, or advertisements
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App
• Modify, adapt, translate, or create derivative works based on the Service
• Remove, alter, or obscure any proprietary notices or labels on the Service
• Use the Service in any manner that could damage, disable, overburden, or impair the Service
• Resell, sublicense, or otherwise commercially exploit the Service
• Use the Service to store or transmit any content that is illegal under applicable law
• Circumvent, disable, or otherwise interfere with security-related features of the Service
• Use the Service to bully, intimidate, or harass any person, including family members

4.3 Enforcement

We reserve the right, but are not obligated, to investigate and take appropriate action against anyone who, in our sole discretion, violates this Section, including without limitation, removing content, suspending or terminating the offending User's account, and/or reporting such conduct to law enforcement authorities.

5. User-Generated Content

5.1 Your Content

You retain ownership of all content you create, upload, post, or transmit through the Service, including but not limited to tasks, task descriptions, list items, sticky notes, profile photos, and family group names (collectively, “User Content”).

5.2 License to Us

By creating, uploading, posting, or transmitting User Content through the Service, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, store, and display your User Content solely for the purpose of operating, providing, improving, and maintaining the Service. This license terminates when you delete your User Content or your account, except to the extent that your User Content has been shared with other users who have not deleted it, or as required for backup and disaster recovery purposes.

5.3 Your Representations

You represent and warrant that:

• You own or have the necessary rights, licenses, consents, and permissions to create, upload, post, and transmit your User Content
• Your User Content does not and will not infringe, misappropriate, or violate any third party's intellectual property rights, rights of privacy, or rights of publicity
• Your User Content does not contain any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or otherwise objectionable

5.4 No Obligation to Monitor

We have no obligation to monitor, review, or edit User Content, but we reserve the right to do so at any time and for any reason in our sole discretion. We may remove or disable access to any User Content at any time and for any reason, without notice or liability.

5.5 No Responsibility for User Content

We are not responsible or liable for any User Content created, uploaded, posted, or transmitted by any user of the Service. You acknowledge and agree that you may be exposed to User Content that is inaccurate, offensive, or otherwise objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against us with respect thereto.

6. Family Groups and Shared Content

6.1 Family Group Creation and Management

Users may create family groups and invite other users to join using invite codes. The creator of a family group may manage group membership and settings.

6.2 Shared Content Visibility

Content created within a family group (tasks, lists, sticky notes) is visible to all members of that family group. You acknowledge and agree that any content you create within a family group may be viewed, accessed, and interacted with by all members of that group.

6.3 Responsibility for Shared Content

You are solely responsible for all content you share within family groups. We are not responsible for any disputes between family group members regarding shared content, task assignments, or group management.

6.4 Leaving or Removal from Groups

If you leave or are removed from a family group, your previously shared content may remain visible to other group members. Deleting your account will remove or anonymize your contributions in accordance with our Privacy Policy.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service and its entire contents, features, and functionality (including but not limited to all software, code, designs, text, graphics, logos, icons, images, audio clips, data compilations, and the selection and arrangement thereof) are owned by Kunba, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2 Trademarks

“Kunba,” the Kunba logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Kunba or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans are the trademarks of their respective owners.

7.3 Restrictions

You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a device that you own or control, solely for your personal, non-commercial use, subject to these Terms. All rights not expressly granted to you are reserved by us.

8. Push Notifications

8.1 Consent

By enabling push notifications, you consent to receive notifications from the Service on your device. Notifications may include alerts about task assignments, due dates, reminders, family group activity, and other service-related information.

8.2 Opting Out

You may disable push notifications at any time through your device settings or the App settings. Disabling push notifications may affect your experience with the Service.

8.3 No Marketing Notifications

We do not use push notifications for marketing, advertising, or promotional purposes.

9. Third-Party Services

9.1 Authentication Providers

The Service uses Apple Sign-In and Google Sign-In for authentication. Your use of these services is subject to Apple's and Google's respective terms of service and privacy policies. We are not responsible for the practices of these third-party authentication providers.

9.2 Infrastructure Providers

The Service is hosted on Amazon Web Services (AWS). While we select reputable infrastructure providers, we are not responsible for any failures, outages, or security incidents caused by third-party service providers.

9.3 App Store Terms

Your download and use of the App through the Apple App Store or Google Play Store is also subject to the terms and conditions of the respective app store. In the event of any conflict between these Terms and the applicable app store terms, the app store terms shall prevail with respect to your use of the app store.

10. Disclaimers

10.1 AS-IS and AS-AVAILABLE

The Service is provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement
• Warranties arising out of course of dealing, usage, or trade practice
• Warranties that the Service will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components
• Warranties that the results obtained from the use of the Service will be accurate, reliable, or complete
• Warranties that defects in the Service will be corrected

10.2 No Guarantee of Availability

We do not warrant that the Service will be available at all times or in all locations. We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice, and without liability to you.

10.3 Data Accuracy

We do not warrant the accuracy, completeness, or usefulness of any information provided through the Service. Any reliance you place on such information is strictly at your own risk.

10.4 No Professional Advice

The Service is a task management tool and does not provide professional, legal, medical, financial, or other expert advice. You should not rely on the Service as a substitute for professional advice.

11. Limitation of Liability

11.1 Exclusion of Certain Damages

To the maximum extent permitted by applicable law, in no event shall Kunba, its owners, operators, parent companies, subsidiaries, affiliates, licensors, service providers, employees, agents, officers, directors, successors, or assigns (collectively, the “Kunba Parties”) be liable to you or any third party for any of the following, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and whether or not the Kunba Parties have been advised of the possibility of such damages:

• Indirect damages of any kind
• Incidental damages of any kind
• Special damages of any kind
• Consequential damages of any kind, including but not limited to loss of profits, loss of revenue, loss of business, loss of data, loss of goodwill, or business interruption
• Punitive or exemplary damages of any kind
• Damages for loss of data or information
• Damages resulting from (i) your use or inability to use the Service; (ii) any unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Service; (iv) the cost of procurement of substitute goods or services; or (v) any other matter relating to the Service

11.2 Cap on Liability

To the maximum extent permitted by applicable law, the total aggregate liability of the Kunba Parties for all claims arising out of or relating to these Terms or the Service, whether in contract, tort (including negligence), strict liability, or any other legal or equitable theory, shall not exceed the greater of:

(A) The total amount paid by you to Kunba during the twelve (12) month period immediately preceding the event giving rise to the claim, or

(B) One dollar ($1.00 USD).

The Service is currently provided free of charge. You acknowledge and agree that the limitation of liability set forth in this section reflects a reasonable allocation of risk and is a fundamental element of the basis of the bargain between you and us. The Service would not be provided to you without such limitations.

11.3 Essential Purpose

The limitations of liability set forth in this section shall apply even if any limited remedy set forth herein is found to have failed of its essential purpose.

11.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

12. Indemnification

12.1 Your Obligation

You agree to indemnify, defend, and hold harmless the Kunba Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, penalties, and expenses (including but not limited to reasonable attorney's fees, legal costs, and costs of investigation) arising from or related to:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any applicable law, rule, or regulation
• Your violation of any rights of a third party, including but not limited to intellectual property rights, privacy rights, or publicity rights
• Any User Content you create, upload, post, or transmit through the Service
• Any activity conducted through your account, whether or not authorized by you
• Your negligence or willful misconduct
• Any dispute between you and any other user of the Service

12.2 Our Rights

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

13. Termination

13.1 Your Right to Terminate

You may terminate your account at any time by deleting your account through the App (via the account deletion feature) or by contacting us at legal@kunba.app.

13.2 Our Right to Terminate

We may, in our sole discretion, at any time and for any reason or no reason, with or without notice:

• Suspend or terminate your account and/or access to the Service
• Remove or disable access to any User Content
• Take any other action we deem appropriate

Grounds for termination include, but are not limited to: violation of these Terms, request by law enforcement, unexpected technical or security issues, extended periods of inactivity, or discontinuation of the Service.

13.3 Effects of Termination

Upon termination of your account:

• Your right to use the Service will immediately cease
• All licenses and rights granted to you under these Terms will immediately terminate
• We may delete your account data in accordance with our Privacy Policy
• Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 5.2, 7, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, and 21

13.4 No Liability for Termination

We shall not be liable to you or any third party for any termination or suspension of your account or access to the Service.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@kunba.app and attempt to resolve the dispute informally for at least thirty (30) days. If we are unable to resolve the dispute informally, either party may proceed as set forth below.

14.2 Binding Arbitration

You and Kunba agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding individual arbitration and not in a court of law.

Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect, except as modified by this Section. The AAA Consumer Arbitration Rules are available at www.adr.org.

The arbitration shall be conducted by a single arbitrator. The arbitration shall take place in the State of New Jersey, United States, or, at your election, may be conducted by telephone, videoconference, or based on written submissions.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this agreement is void or voidable.

The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

14.3 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

14.4 Arbitration Fees

If you initiate arbitration, your arbitration fees will be governed by the AAA Consumer Arbitration Rules. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, the arbitrator may award the other party its fees and costs, including reasonable attorney's fees.

15. Class Action Waiver

15.1 Waiver

You and Kunba agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, multi-district, or representative action or proceeding.

15.2 No Class Arbitration

The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, collective, or representative proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

15.3 Severability of Class Action Waiver

If any part of this class action waiver is found to be unenforceable, then the entirety of this dispute resolution and arbitration section (Section 14) shall be null and void, and the dispute shall be decided by a court of competent jurisdiction in the State of New Jersey.

16. Governing Law and Jurisdiction

16.1 Governing Law

These Terms and any dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of New Jersey, United States of America, without regard to its conflict of law principles.

16.2 Jurisdiction

For any claims not subject to arbitration under Section 14, you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of New Jersey, and you waive any objection to jurisdiction or venue in such courts, including any objection based on forum non conveniens.

16.3 Waiver of Jury Trial

To the maximum extent permitted by applicable law, you and Kunba each irrevocably waive the right to a jury trial in any legal proceeding arising out of or related to these Terms or the Service.

17. Force Majeure

We shall not be liable for any failure or delay in the performance of our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to: acts of God, natural disasters, epidemics, pandemics, fire, flood, earthquake, storm, hurricane, tornado, or other natural catastrophe; war, invasion, act of foreign enemies, hostilities, civil war, terrorism, riot, insurrection, or military action; government sanctions, embargo, blockade, labor disputes, strikes, or lockouts; interruption or failure of utility service, including electric power, gas, water, or telecommunications; failure of third-party service providers, including but not limited to cloud hosting providers, authentication providers, and payment processors; cyberattacks, including distributed denial-of-service attacks; or any other event beyond our reasonable control (each, a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, our obligations under these Terms shall be suspended for the duration of such event.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Kunba regarding the Service and supersede all prior and contemporaneous agreements, proposals, representations, and understandings, whether oral or written, regarding the Service.

18.2 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties' original intent.

18.3 Waiver

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. Any attempted assignment without such consent shall be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

18.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any person or entity, except as expressly provided herein.

18.6 Notices

Any notices or other communications provided by us under these Terms will be given by posting to the Service or sending to the email address associated with your account. You are responsible for ensuring your contact information is current.

18.7 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

18.8 Relationship of the Parties

Nothing in these Terms shall be construed to create a joint venture, partnership, employment, or agency relationship between you and Kunba.

18.9 Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or these Terms must be filed within ONE (1) YEAR after such claim or cause of action arose, or be forever barred.

18.10 Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control.

19. Apple App Store Additional Terms

If you downloaded the App from the Apple App Store, the following additional terms apply:

• These Terms are between you and Kunba only, not with Apple Inc. (“Apple”). Kunba, not Apple, is solely responsible for the App and its content.
• Apple has no obligation to furnish any maintenance or support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
• Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Kunba, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

20. Google Play Store Additional Terms

If you downloaded the App from the Google Play Store, the following additional terms apply:

• These Terms are between you and Kunba only, not with Google LLC (“Google”) or any of its affiliates.
• Your use of the App must comply with Google Play's then-current Terms of Service.
• Google is not responsible for the App, its content, or any claims or liabilities arising from or related to the App.
• Google is a third-party beneficiary of these Terms, and upon your acceptance of these Terms, Google will have the right to enforce these Terms against you.

21. Contact Us

If you have any questions, concerns, or feedback regarding these Terms, please contact us at: