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Kith Technologies LLC

Terms of Service

Effective Date: September 15, 2026
Last Updated: September 15, 2026

These Terms of Service (these "Terms") are a binding agreement between you and Kith Technologies LLC, a North Carolina limited liability company ("Kith," "we," "us," or "our"). These Terms govern your access to and use of the Kith Contacts mobile application for Apple iOS (the "App"), the website and web application at trykith.com (the "Website"), and the related products and services we provide (together with the App and the Website, the "Services"). These Terms also serve as the end user license agreement for the App.

Please read these terms carefully. Section 18 contains a binding arbitration agreement and a class action waiver that affect how disputes between you and Kith are resolved, unless you opt out as described in Section 18.8. Section 7 describes how paid subscriptions automatically renew.

1. Acceptance of These Terms

1.1

Agreement. By creating an account, downloading the App, or otherwise accessing or using the Services, you agree to these Terms. If you do not agree to these Terms, you may not use the Services.

1.2

Privacy Policy. Our Privacy Policy, available in the App and on the Website, describes how we collect, use, and share personal information and is incorporated into these Terms by reference.

1.3

Additional Terms. Certain features, promotions, or offers may be subject to additional terms that we present to you when you use them. Those additional terms are incorporated into these Terms. If additional terms conflict with these Terms, the additional terms control for that feature, promotion, or offer.

2. Eligibility

2.1

Minimum Age. You must be at least thirteen (13) years of age to use the Services. When you create an account, you confirm that you meet the age requirements in this Section 2.

2.2

Minors. If you are under eighteen (18) years of age, you may use the Services only with the consent of your parent or legal guardian, who must review and agree to these Terms on your behalf. A parent or legal guardian who permits a minor to use the Services is responsible for the minor's use of the Services and for any purchases made on the minor's account.

2.3

Age-Restricted States. An "Age-Restricted State" is any state in which a law is in effect that requires app developers to verify users' ages or obtain parental consent through an app store, unless and until we make parental consent features available to users in that state. As of the Last Updated date of these Terms, Texas is an Age-Restricted State. If you reside in or are located in an Age-Restricted State, you must be at least eighteen (18) years of age to use the Services.

2.4

Age Verification. Where Apple indicates that age verification requirements apply to you, the App will request your age range and parental consent status through Apple's Declared Age Range service, and we will rely on that information to determine your eligibility. We may limit or deny access to the Services if you decline to share your age range, if the information indicates that you do not meet the requirements of this Section 2, or if a required consent is not provided or is withdrawn.

2.5

Location. The Services are offered only to individuals located in the United States.

2.6

Other Requirements. You may not use the Services if you are prohibited from doing so under applicable law or if we have previously suspended or terminated your account.

3. The Services

3.1

Description. The Services allow you to create and maintain a personal contact book, import contacts from your device, add notes and other information about the people you know, and organize and manage your relationships.

3.2

Free and Paid Tiers. We offer a free tier of the Services and one or more paid subscription tiers (each, a "Paid Subscription"). The features included in each tier are described in the Services and may change as described in Section 3.4.

3.3

Device and Connectivity Requirements. Use of the Services requires a compatible device, a supported operating system or web browser, and an internet connection. You are responsible for all charges imposed by your wireless carrier or internet service provider in connection with your use of the Services.

3.4

Changes to the Services. We may add, modify, or remove features of the Services at any time. If we remove a material feature of a Paid Subscription during a billing period for which you have paid, we will provide reasonable notice and, where required by law, a remedy.

3.5

Pre-Release Features. We may make features available on a test, beta, or early access basis. Those features are provided for evaluation, may be incomplete or contain errors, and may be changed or discontinued at any time.

4. Accounts

4.1

Registration and Sign-In. You must create an account to use the Services. You create an account and sign in using Sign in with Apple or Google Sign-In, and your use of those services is subject to Apple's or Google's terms. You agree to provide accurate and complete information and to keep it current. If you lose access to the Apple or Google account you use to sign in, you may lose access to your Kith account until you contact us and we verify your identity.

4.2

Account Security. You are responsible for securing the Apple or Google account you use to sign in and for all activity that occurs under your Kith account. You agree to notify us immediately at support@trykith.com of any unauthorized use of your account.

4.3

Personal Account. Your account is for your individual use. You may not share your account or transfer it to any other person.

5. Contact Import

5.1

Optional Feature. Importing contacts from your device is optional. During onboarding, the App explains how it uses your contacts before iOS asks for your permission, and you may use the Services without granting that access. You may revoke access at any time in your device settings.

5.2

Scope of Import. When you import contacts, the App imports the information stored in the contact cards you select, as described in the Privacy Policy. The App does not import call history, text messages, or related metadata.

5.3

Your Responsibilities. You represent and warrant that you have the right to provide to us the information you import or enter about other people, and that your use of that information through the Services complies with applicable law. You may use information about other people in the Services only to manage your own personal or professional relationships. You may not use the Services, or information stored in the Services, to send unsolicited commercial communications or for any unlawful purpose.

5.4

Processing on Your Behalf. We store and process information about your contacts solely to provide the Services to you, as described in the Privacy Policy.

6. Voice and AI Features

6.1

Voice Features. The Services include voice features that use third-party artificial intelligence services to transcribe your dictation and organize it into your contact records. Use of voice features is optional.

6.2

Consent to Third-Party AI Processing. During onboarding, the App presents a consent screen and a microphone permission request before voice features can be used. By giving your consent on that screen, you agree to our sending the audio you record, the resulting transcripts, our instructions, and the contact information needed to associate your dictation with the correct contact records to our third-party AI service providers, currently OpenAI, L.L.C. and Anthropic, PBC, for processing as described in the Privacy Policy. Under our agreements with those providers, as described in the Privacy Policy, information they process for us is not used to train their models and is deleted within thirty (30) days, subject to limited exceptions for legal compliance and usage policy enforcement. The resulting transcripts and organized information are stored on our servers as part of Your Content and are encrypted in transit and at rest. You may withdraw your consent at any time in the App's settings, after which voice features will be unavailable to you until you consent again.

6.3

Accuracy of Output. Transcriptions and other output generated by AI services may be inaccurate, incomplete, or incorrectly attributed. You are responsible for reviewing all output before relying on it. Output is not professional, legal, medical, or financial advice.

6.4

Sensitive Information. You agree not to use voice features to record sensitive information about yourself or others, including health, financial, or government identification information, or to record any person in violation of applicable law.

7. Subscriptions, Billing, and Payments

7.1

Subscription Plans. Paid Subscriptions are offered for monthly, six-month, and annual billing periods, and we may offer other billing periods. The price, billing period, and features of each Paid Subscription are disclosed to you before you purchase it.

7.2

Automatic Renewal. YOUR PAID SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD FOR A BILLING PERIOD OF THE SAME LENGTH, AND YOU WILL BE CHARGED THE THEN-CURRENT PRICE FOR THAT PERIOD USING YOUR PAYMENT METHOD ON FILE, UNLESS YOU CANCEL BEFORE THE RENEWAL DATE AS DESCRIBED IN SECTIONS 7.3 AND 7.4. By purchasing a Paid Subscription, you expressly consent to these automatic renewal terms.

7.3

Purchases Through the App Store. If you purchase a Paid Subscription in the App, the purchase is made through Apple and is subject to the Apple Media Services Terms and Conditions. Apple charges your Apple account at confirmation of purchase and at each renewal. Your subscription renews automatically unless you turn off automatic renewal at least twenty-four (24) hours before the end of the current billing period. You may manage or cancel your subscription in your Apple account settings. Apple, not Kith, processes payments and handles all refund requests for purchases made through the App Store.

7.4

Purchases on the Website. If you purchase a Paid Subscription on the Website, payment is processed by Stripe, Inc., and you authorize us and Stripe to charge your payment method at purchase and at each renewal. You may cancel at any time through the account settings on the Website, without needing to contact us. We will send you a confirmation of your purchase that includes the subscription terms and cancellation instructions, and a confirmation when you cancel.

7.5

Effect of Cancellation. When you cancel a Paid Subscription, the cancellation takes effect at the end of the current billing period, and you will continue to have access to the Paid Subscription features until then. Your account will then revert to the free tier.

7.6

Price Changes. We may change the price of a Paid Subscription. For subscriptions purchased on the Website, we will notify you of a price change at least seven (7) days and no more than thirty (30) days before the new price takes effect, and the new price will apply at your next renewal after that date unless you cancel. Price changes for subscriptions purchased through the App Store are managed by Apple under its policies, including any consent Apple requires.

7.7

Renewal Reminders. For subscriptions purchased on the Website, we will send you an annual reminder of your subscription terms and how to cancel, and for subscriptions with a billing period of one year or longer, a renewal reminder at least fifteen (15) days and no more than forty-five (45) days before the renewal date.

7.8

Free Trials and Promotional Offers. We may offer free trials or promotional pricing. The terms of any trial or offer, including when it ends and the price that will apply afterward, will be disclosed when you accept it. Unless you cancel before the trial or promotional period ends, your Paid Subscription will begin or continue at the regular price, and we will provide any advance notice required by law.

7.9

Discount Codes. Discount codes may be redeemed only on the Website and not through purchases in the App. Unless otherwise stated, each discount code may be used once, is non-transferable, has no cash value, may not be combined with other offers, and may expire. We may cancel any discount code that is shared, sold, or otherwise misused.

7.10

Sponsored Subscriptions. An organization may pay for your Paid Subscription under a separate agreement with Kith (a "Sponsored Subscription"). A Sponsored Subscription remains active only for the period the sponsoring organization has paid for and may end if the sponsorship ends. When a Sponsored Subscription ends, your account will revert to the free tier unless you purchase a Paid Subscription yourself. A sponsoring organization does not receive access to your account or Your Content.

7.11

Taxes. Prices may not include applicable sales, use, or similar taxes. Where required by law, applicable taxes will be added to the price charged, including on discounted prices.

7.12

Failed Payments. If a renewal payment for a Website subscription fails, we may retry the charge and may suspend your Paid Subscription features until payment is received.

7.13

No Refunds. Except as required by applicable law or as expressly stated in these Terms, all payments are final and non-refundable, and we do not provide refunds or credits for partial billing periods or unused features.

7.14

Reversion to the Free Tier. When your account reverts to the free tier for any reason, you will keep your account and Your Content, but features available only with a Paid Subscription will no longer be available to you.

8. License to Use the Services

8.1

License Grant. Subject to your compliance with these Terms, Kith grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, and to access and use the Services for your personal or internal business purposes. The App may be accessed by other accounts associated with you through Family Sharing or volume purchasing, if enabled.

8.2

Restrictions. You may not (a) copy, modify, or create derivative works of the Services; (b) decompile, reverse engineer, or attempt to derive the source code of the Services, except to the extent applicable law expressly permits it; (c) rent, lease, lend, sell, sublicense, or distribute the Services; (d) remove any proprietary notices from the Services; or (e) use the Services to build a competing product or service.

8.3

Reservation of Rights. The App is licensed, not sold. Kith and its licensors reserve all rights not expressly granted in these Terms.

9. Your Content

9.1

Definition. "Your Content" means the contact information you import, the notes and other information you enter, the audio you record, and any other content you submit to the Services.

9.2

Ownership. As between you and Kith, you retain all rights you have in Your Content.

9.3

License to Kith. You grant Kith a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, process, and display Your Content, and to permit our service providers to do so, solely as needed to operate, provide, secure, and improve the Services, to comply with law, and as otherwise described in the Privacy Policy. This license ends when Your Content is deleted from our systems in accordance with the Privacy Policy.

9.4

Your Representations. You represent and warrant that you have all rights necessary to submit Your Content and to grant the license in Section 9.3, and that Your Content and our use of it as permitted by these Terms will not violate any law or infringe or violate the rights of any third party.

9.5

Backups. The Services are not a backup service. You are responsible for maintaining your own copies of information that is important to you.

9.6

Removal. We do not review Your Content as a matter of course, but we may remove or disable access to any content that we reasonably believe violates these Terms or applicable law.

10. Acceptable Use

10.1

You agree not to, and not to allow any other person to:

  • (a)use the Services in violation of any applicable law or regulation;
  • (b)upload or store information you do not have the right to provide, or use information about other people in a manner that violates their privacy or other rights;
  • (c)use the Services to harass, stalk, threaten, or harm any person;
  • (d)upload malware or other harmful code, or interfere with or disrupt the Services or the servers and networks that support them;
  • (e)attempt to gain unauthorized access to the Services, other accounts, or our systems, or probe, scan, or test the vulnerability of the Services;
  • (f)access the Services through automated means, such as bots or scrapers, except through interfaces we expressly provide for that purpose;
  • (g)circumvent any limitation, security measure, or access control in the Services, including subscription and discount code restrictions;
  • (h)impersonate any person or misrepresent your identity or affiliation; or
  • (i)use the Services for any purpose other than as permitted by these Terms.

11. Feedback

11.1

If you provide suggestions, ideas, survey responses, or other feedback about the Services ("Feedback"), you grant Kith a perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, disclose, and exploit the Feedback for any purpose without obligation to you. Our use of personal information included in Feedback is governed by the Privacy Policy.

12. Intellectual Property

12.1

Ownership. The Services, including all software, designs, text, graphics, and other materials, other than Your Content, are owned by Kith or its licensors and are protected by intellectual property laws.

12.2

Trademarks. "Kith," "Kith Contacts," and related names and logos are trademarks of Kith. You may not use them without our prior written permission.

12.3

Copyright Complaints. If you believe that material available through the Services infringes your copyright, you may send a notice to support@trykith.com that includes the information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3). We may remove or disable access to the material and may terminate the accounts of repeat infringers.

13. Third-Party Services

13.1

The Services rely on and may link to services provided by third parties, including Apple, Stripe, and our AI service providers. Your use of third-party services is subject to the terms and policies of those third parties. Kith is not responsible for third-party services, and you must comply with any third-party terms that apply to your use of the Services, including the terms of your wireless data service provider.

14. Termination and Account Deletion

14.1

By You. You may stop using the Services at any time and may delete your account from the account settings in the App or on the Website. Deleting your account does not cancel a subscription purchased through the App Store, which you must cancel through your Apple account settings.

14.2

By Kith. We may suspend or terminate your access to the Services, with or without notice, if we reasonably believe that you have violated these Terms or applicable law, that your use of the Services creates risk or possible legal exposure for Kith or others, or that continued provision of the Services to you is no longer commercially viable.

14.3

Effect of Termination. Upon termination, your license to use the Services ends, and we will delete your account and Your Content as described in the Privacy Policy. Sections 7.13, 9.3 through 9.5, and 11 through 23, and any other provisions that by their nature should survive, survive termination.

15. Disclaimers

15.1

As Is. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. KITH DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

15.2

No Guarantee. KITH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT YOUR CONTENT WILL NOT BE LOST, OR THAT ANY OUTPUT, INCLUDING AI-GENERATED OUTPUT, WILL BE ACCURATE OR COMPLETE.

15.3

Not a Crisis or Medical Service. THE SERVICES ARE NOT A MEDICAL, MENTAL HEALTH, EMERGENCY, OR CRISIS SUPPORT SERVICE.

15.4

Jurisdictional Limits. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

16. Limitation of Liability

16.1

Excluded Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, KITH AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF KITH HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

16.2

Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, KITH'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (a) THE AMOUNTS YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (b) ONE HUNDRED DOLLARS ($100.00).

16.3

Application. THE LIMITATIONS IN THIS SECTION 16 APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

17. Indemnification

17.1

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Kith and its members, managers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to (a) Your Content, including any claim that you did not have the right to provide information about another person; (b) your use of the Services in violation of these Terms; or (c) your violation of any law or the rights of any third party. We may assume the exclusive defense of any matter subject to indemnification, and you agree to cooperate with our defense.

18. Dispute Resolution and Arbitration

18.1

Informal Resolution. Before starting any arbitration or court proceeding, you and Kith agree to try to resolve any dispute informally. The party raising the dispute must send the other party a written notice describing the dispute and the relief requested, which you may send to support@trykith.com and we may send to the email address associated with your account. The parties will negotiate in good faith for at least sixty (60) days after the notice is received. Any applicable limitations period will be tolled during that time.

18.2

Agreement to Arbitrate. If a dispute is not resolved informally, you and Kith agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including the formation, scope, enforceability, or validity of this arbitration agreement (each, a "Claim"), will be resolved by binding individual arbitration, except as provided in Section 18.3. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

18.3

Exceptions. Either party may (a) bring an individual Claim in small claims court if the Claim qualifies and remains in that court; and (b) seek injunctive or other equitable relief in court to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

18.4

Arbitration Rules and Forum. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect when the arbitration is filed, as modified by this Section 18. The arbitration will be conducted by a single arbitrator. Unless the parties agree otherwise, any hearing will take place by videoconference or in the county where you reside. The arbitrator may award the same individual relief that a court could award, and the arbitrator's decision will be final and binding, with judgment enforceable in any court of competent jurisdiction.

18.5

Fees. Payment of filing, administrative, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules. Each party will bear its own attorneys' fees and costs unless the arbitrator awards them under applicable law.

18.6

Class Action Waiver. YOU AND KITH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person or preside over any form of class or representative proceeding. If this class action waiver is found unenforceable as to any Claim, that Claim will be severed and decided by a court under Section 19, and the remaining Claims will proceed in arbitration.

18.7

Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND KITH WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY CLAIM.

18.8

Right to Opt Out. You may opt out of this arbitration agreement by sending an email to support@trykith.com, with the subject line "Arbitration Opt-Out," within thirty (30) days after you first accept these Terms. Your email must include your name and the email address associated with your account and state that you opt out of arbitration. Opting out will not affect any other part of these Terms.

18.9

Mass Filings. If twenty-five (25) or more similar Claims are filed against Kith by the same or coordinated counsel, the AAA Mass Arbitration Supplementary Rules will apply to those Claims to the extent consistent with this Section 18.

18.10

Changes to This Section. If we make a material change to this Section 18, the change will not apply to any Claim of which you or Kith gave notice before the change took effect.

19. Governing Law and Venue

19.1

These Terms and any Claim are governed by the laws of the State of North Carolina, without regard to its conflict of laws principles, except that Section 18 is governed by the Federal Arbitration Act. Any Claim that is not subject to arbitration will be brought exclusively in the state courts located in Durham County, North Carolina, or the United States District Court for the Middle District of North Carolina, and you and Kith consent to the personal jurisdiction of those courts.

20. Apple App Store Terms

20.1

The following terms apply if you obtained the App from the Apple App Store:

  • (a)Acknowledgement. These Terms are between you and Kith only, and not with Apple Inc. ("Apple"). Kith, not Apple, is solely responsible for the App and its content. These Terms may not provide for usage rules for the App that conflict with the Apple Media Services Terms and Conditions in effect on the date you accept these Terms.
  • (b)Scope of License. The license granted to you for the App is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
  • (c)Maintenance and Support. Kith is solely responsible for providing any maintenance and support services for the App, as specified in these Terms or as required by law. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
  • (d)Warranty. Kith is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Kith's sole responsibility, subject to Sections 15 and 16.
  • (e)Product Claims. Kith, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including (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. These Terms do not limit Kith's liability to you beyond what is permitted by applicable law.
  • (f)Intellectual Property Rights. If any third party claims that the App or your possession and use of the App infringes that third party's intellectual property rights, Kith, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim.
  • (g)Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • (h)Developer Name and Address. Any questions, complaints, or claims regarding the App may be directed to Kith Technologies LLC, 4364 Peaceford Glen Dr., High Point, North Carolina 27265, or by email to support@trykith.com.
  • (i)Third-Party Terms. You must comply with applicable third-party terms of agreement when using the App.
  • (j)Third-Party Beneficiary. Apple and Apple's 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.

21. Changes to These Terms

21.1

We may update these Terms from time to time. When we do, we will post the updated Terms in the Services and update the Last Updated date. If we make material changes, we will notify you by email or through the Services at least fifteen (15) days before the changes take effect, unless a change is required sooner by law. Where applicable law requires, we will also notify the app store and obtain any required parental consent or user acknowledgment before a change applies to affected users. Your continued use of the Services after the changes take effect constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services and may delete your account.

22. General Provisions

22.1

Electronic Communications. You consent to receive agreements, notices, disclosures, and other communications from us electronically, including by email and through the Services, and you agree that those communications satisfy any legal requirement that they be in writing.

22.2

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without your consent, including in connection with a merger, acquisition, reorganization, or sale of assets.

22.3

Force Majeure. Kith will not be liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disasters, acts of government, labor disputes, and failures of internet, utility, or third-party platform services.

22.4

Export Controls. You may not use or export the App except as authorized by United States law and the laws of the jurisdiction in which you obtained the App.

22.5

Entire Agreement. These Terms, together with the Privacy Policy and any additional terms described in Section 1.3, are the entire agreement between you and Kith regarding the Services and supersede all prior agreements and understandings on that subject.

22.6

Severability. If any provision of these Terms is held unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in full effect, except as provided in Section 18.6.

22.7

No Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.

22.8

Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Kith.

22.9

Interpretation. Headings are for convenience only. The word "including" means "including without limitation."

22.10

California Users. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

23. Contact Information

23.1

If you have questions about these Terms or the Services, please contact us at:

Kith Technologies LLC
4364 Peaceford Glen Dr.
High Point, North Carolina 27265
support@trykith.com