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Terms of Use
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THESE KINA PLATFORM TERMS OF USE (“TOU”) FORM A LEGAL AGREEMENT BETWEEN YOU, THE END USER (“You”) AND KINA REWARDS INC. (“Kina”) THAT APPLIES EACH TIME YOU USE OR ACCESS THE LICENSED PLATFORM AND/OR MOBILE APPLICATION MADE AVAILABLE AND THEIR ASSOCIATED CONTENT, FEATURES, TOOLS, AND MATERIALS (collectively, the “Platform”). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS AS THEY GOVERN YOUR USE OF THE PLATFORM AND ITS FUNCTIONALITY. SOME FEATURES, SERVICES, AND BENEFITS AVAILABLE THROUGH THE PLATFORM MAY BE SUBJECT TO ADDITIONAL TERMS, CONDITIONS, DISCLOSURES, CONSENTS, OR ACKNOWLEDGMENTS, INCLUDING, WITHOUT LIMITATION, KINA EXPERT SESSIONS AND CERTAIN THIRD-PARTY SERVICES. THOSE ADDITIONAL TERMS ARE INCORPORATED INTO THIS TOU BY REFERENCE WHERE APPLICABLE.
IN PARTICULAR, THIS TOU CONTAINS AN ARBITRATION PROVISION THAT WAIVES YOUR RIGHT TO A COURT HEARING AND/OR A JURY TRIAL AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT TO ENFORCE THIS CONTRACT.
IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE PLATFORM AND ARE INSTRUCTED TO EXIT, UNINSTALL, AND/OR CEASE ALL USE OF THE PLATFORM IMMEDIATELY.
Acceptance of Terms
By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy, as each may be updated from time to time. If you do not agree to these Terms, you may not access or use the Platform.
License Grant and Restrictions
This TOU provides to You a personal, revocable, limited, non-exclusive, non-sublicensable, and non- transferable license to use and access the Platform solely for Your personal, internal business and informational use as specifically described herein, conditioned on Your continued compliance with this TOU.
When using the Platform in accordance with the foregoing license, You shall not directly or indirectly: (a) use the Platform to create any service, software or documentation that performs substantially the same functionality as the Platform; (b) disassemble, decompile, reverse-engineer or use any other means to attempt to discover any source code, algorithms, or trade secrets underlying the Platform or any of its components; (c) encumber, sublicense, transfer, distribute, rent, lease, time-share or use the Platform in any service bureau arrangement or similar commercial purposes; (d) adapt, combine, create derivative works of or otherwise modify the Platform; (e) disable, circumvent, or otherwise avoid or undermine any security device, mechanism, protocol, or procedure implemented in the Platform; (f) use or access the Platform for any unlawful, fraudulent, deceptive, malicious, or otherwise harmful or injurious purpose; (g) remove, obscure, deface, or alter any proprietary rights notices on any element of the Platform or accompanying documentation; (h) use the Platform in any manner which could damage, disable, overburden, or impair the Platform or interfere with any third party’s authorized use of the Platform; (i) engage in any “data mining,” “deep-link,” “page-scrape,” or use “bots,” “spiders,” or similar data gathering and extraction tools or methods in connection with the Platform; or (j) probe, scan, or test the vulnerability of the Platform or any systems or network infrastructure connected with the Platform, including without limitation by stress testing or penetration testing.
User Obligations
You represent that You are at least eighteen (18) years of age or the legal age of majority in Your jurisdiction (whichever is greater) and will, at all times, provide true, accurate, current, and complete information (for which You have all necessary rights, permission(s), or authority to provide) when submitting information through the Platform. In addition, You are responsible for compliance with all applicable laws, rules, and regulations with respect to Your use of the Platform (including use of any permitted copies of the Platform materials and information).
The Platform is intended for use by adults who are at least eighteen (18) years of age. Although the Platform relates to children and family activities, Kina does not knowingly collect personal information directly from children under the age of thirteen (13). If we become aware that we have inadvertently collected such information, we will promptly delete it in accordance with our Privacy Policy.
Your Account
You may be required to register an account to use the Platform or certain features of the Platform. Each registration is for a single user only, unless otherwise expressly agreed by Kina. Registration for the Platform may also require access credentials, such as a username and a password, or adherence to other access requirements as designated by Kina in its sole discretion from time to time. You hereby agree to treat Your access credentials as confidential and not to disclose such information to any third party without the express prior written consent of Kina, which may be granted or withheld in its sole discretion. You shall immediately notify Kina if You suspect or become aware of any loss, theft, or unauthorized use of Your login credentials. Kina will not be liable for any loss or damage arising from Your failure (whether intentional or unintentional) to comply with these obligations. By submitting the requested information to the registration form or similar process on the Platform, You represent and warrant that the information You submit for registration is complete, true, accurate, and current in all respects. You must maintain and promptly update Your submitted account information to ensure that such information is complete, true, accurate, and current. Kina reserves the right to suspend, terminate, or otherwise discontinue Your account and/or pending registration if Kina has reasonable grounds to suspect that any information You have submitted is untrue, inaccurate, not current, or incomplete, or that Your registration, account, or use of the Platform is in violation of applicable law or this TOU. You are responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account. You agree to promptly notify Kina of any suspected unauthorized access, security incident, or compromise involving your account.
Electronic Communications
Kina may send emails or other electronic messages to you concerning your use of the Platform. You consent to receive such electronic communications and agree that all such electronic communications constitute valid legal notices satisfying any requirement that such notices be in writing.
SMS Communications
By providing your mobile phone number to Kina, you expressly consent to receive text messages (SMS) from Kina regarding your account, payments, transactions, rewards, and other service-related notifications. You agree that:
Text messages may be sent using an automatic telephone dialing system
You are not required to consent to SMS as a condition of using Kina's services, except where SMS is the primary delivery method for certain features
Message frequency varies depending on your account activity and may include transactional notifications, account alerts, and service updates
Message and data rates may apply based on your mobile carrier's plan
You may opt out at any time by replying STOP to any text message from Kina
Reply HELP for assistance
Kina is not liable for delayed or undelivered messages
Carriers are not liable for delayed or undelivered messages
You agree to notify Kina immediately if you change your mobile phone number to ensure continued service and prevent unauthorized access to your account.
Rewards Terms & Conditions
Kina may enable members to earn rewards points or other rewards in connection with eligible purchases, activities, referrals, promotions, or other qualifying actions. Eligibility, earning rates, verification requirements, exclusions, redemption options, and other rules applicable to the Kina Rewards Program are set forth in the applicable Kina Rewards Terms & Conditions.
Your participation in the Kina Rewards Program and use of related rewards and benefits are subject to the Kina Rewards Terms & Conditions, which are incorporated into this TOU by reference. In the event of a conflict between this TOU and the Kina Rewards Terms & Conditions with respect to the Kina Rewards Program, the Kina Rewards Terms & Conditions will control.
Expert Sessions and Concierge Services
Kina may provide members with access to independent experts, professionals, coaches, consultants, and other service providers (“Experts”) through virtual consultations or other sessions (“Expert Sessions”).
Experts are independent third parties and are not employees, agents, or representatives of Kina. Certain Experts may be licensed or credentialed professionals. Kina does not direct or control an Expert’s independent professional judgment, and any professional relationship that may arise between you and an Expert is between you and that Expert.
Your use of Expert Sessions may be subject to additional terms, disclosures, acknowledgments, consents, or other requirements presented to you before booking or participating in a session, including the Kina Expert Session Terms.
Kina may also provide concierge services (“Kina Concierge”) to help members identify, research, connect with, coordinate, or schedule third-party products and services. With your authorization, an Expert may identify categories of additional assistance that may be useful to you and facilitate a handoff to Kina Concierge. You may also request assistance from Kina Concierge directly.
Third-party providers identified or introduced through Kina Concierge are independent from Kina and are responsible for the products or services they provide. Kina does not guarantee the availability, suitability, quality, results, or outcomes of any Expert or third-party provider.
Kina may receive compensation from certain third-party providers or partners when you purchase, book, or use products or services through a Kina introduction, referral, or booking. Any such compensation is paid to Kina unless otherwise disclosed, and additional disclosures or consents may apply where required by law.
Information Shared During Expert Sessions
Information you provide directly to an Expert during an Expert Session is provided to that Expert in connection with the session and may be subject to the Expert’s own professional, confidentiality, privacy, or recordkeeping obligations.
Kina does not require Experts to provide Kina with the contents of their professional or clinical notes or records. If you would like Kina Concierge to assist you following an Expert Session, you may authorize the Expert to share limited information with Kina about the type of assistance you are seeking. Experts are instructed to limit such information to what is reasonably necessary to facilitate the requested assistance.
Kina’s collection, use, disclosure, and protection of personal information is governed by the Kina Privacy Policy and applicable law. Depending on the nature of the Expert Session or requested service, additional privacy notices, authorizations, or consents may apply.
Third-Party Providers and Services
Certain products, services, features, or benefits available through or in connection with the Platform may be provided by independent third parties (“Third-Party Providers”). These may include providers identified or introduced through Kina Concierge, Experts with whom you choose to establish a separate relationship, and other service providers or partners available through Kina.
Third-Party Providers are independent from Kina and are solely responsible for the products and services they provide, including their availability, quality, accuracy, legality, suitability, pricing, performance, and compliance with applicable laws and professional requirements.
When you request or authorize Kina to facilitate a third-party product or service, Kina may share information reasonably necessary to facilitate your request, subject to our Privacy Policy and applicable law. Where appropriate, Kina may request additional authorization from you before sharing information with a Third-Party Provider.
Your purchase or use of a Third-Party Provider’s products or services may be subject to separate terms, conditions, privacy policies, consents, or agreements between you and that Third-Party Provider.
Kina does not guarantee or warrant any Third-Party Provider or the results or outcomes of any third-party product or service. To the maximum extent permitted by applicable law, Kina is not responsible for losses or damages arising from products or services independently provided by Third-Party Providers.
Third-Party Terms and Conditions
Additional notices, terms, and conditions may apply to products, services, receipt of or access to certain materials, participation in a particular program, and/or specific portions or features of the Platform, including without limitation the terms of third-party applications incorporating or utilizing the Platform and/or Your accounts with third-party providers of such applications. You hereby agree that: (a) this TOU operates in addition to any terms of use imposed or required by any such third-party provider; and (b) the terms of this TOU supplement and do not alter or amend any such third-party terms of use.
Data Privacy
You understand, acknowledge, and agree that the operation of certain features of the Platform may require or involve the provision, use, and dissemination of various items of personally identifiable information, including without limitation personal contact information. Please refer to the Kina Rewards Inc. General Privacy Policy available at https://kina.co/privacy-policy (as may be updated by Kina occasionally), for a summary of Kina’s policies and practices regarding personally identifiable information.
Proprietary Rights
All materials and information included as part of the Platform, including without limitation all content, text, graphics, logos, and images made available on the Platform, as well as the compilation thereof, and any software or other proprietary materials used on or integrated with the Platform, are the property of Kina or its applicable third-party licensors, and are protected by copyright and other laws governing intellectual property and proprietary rights. Kina reserves all rights in the Platform not expressly granted herein.
You agree that You do not acquire any ownership rights in any part of the Platform under this TOU or through Your use of the Platform. Kina does not grant You any rights or licenses, express or implied, to any intellectual property hereunder except as specifically authorized by this TOU.
Mobile Usage
The Platform offers various tools or display functionality that may be accessible via Your mobile phone or other mobile computing device. Please note that Your mobile carrier’s normal messaging, data, and other rates and fees will apply to Your use of the Platform. In addition, downloading, installing, or using the Platform on Your mobile device may be prohibited or restricted by Your mobile carrier, and not all functionality on the Platform will work with all carriers or devices or in all locations. Therefore, You are solely responsible for: (i) checking with Your mobile carrier to determine if the Platform is available for Your mobile devices; (ii) the restrictions, if any, may be applicable to Your use of the Platform; and (iii) determining and keeping track of the network and data fees or similar charges associated with such use.
Feedback
“Feedback” means any feedback, recommendations, enhancement requests, suggestions, testimonials, endorsements, or ideas for improvement communicated to Kina by You regarding the Platform or Kina’s products and services. From time to time, You may voluntarily provide Feedback to Kina, whether or not in response to specific requests or solicitation by Kina. In such event, You grant to Kina a perpetual, irrevocable, fully transferable, freely sublicensable, royalty-free, worldwide license to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit such Feedback for any purpose in Kina’s discretion without restriction. The foregoing license to Feedback shall survive the termination or expiration of this TOU for any reason.
Indemnification
You agree to indemnify, defend and hold harmless Kina and its officers, directors, employees, agents, successors, and assigns from and against any losses, costs, liabilities, damages, and expenses (including reasonable attorney's fees) relating to or arising out of Your violation of (a) this TOU, (b) any personal or proprietary rights of a third party, or (c) any applicable laws, rules, or regulations. Kina reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Kina in asserting any available defenses.
Disclaimers and Excluded Liability
KINA DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND TO THE
MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, KINA HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT KINA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE WHATSOEVER REGARDING THE QUALITY, ACCURACY, EFFECTIVENESS, LEGALITY, RELIABILITY, OR TIMELINESS OF ANY SERVICES, CONTENT, OR INFORMATION MADE AVAILABLE IN CONNECTION THEREWITH OR ANY RESULTS OBTAINED THEREFROM. YOU AGREE THAT YOUR USE OF AND ACCESS TO THE PLATFORM ARE ENTIRELY AT YOUR OWN RISK, AND THAT YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR THE RESULTS OF SUCH USE AND ACCESS, SUCH THAT KINA SHALL HAVE NO LIABILITY OR RESPONSIBILITY THEREFOR UNDER ANY LEGAL THEORY OR CAUSE OF ACTION NOW KNOWN OR HEREAFTER ESTABLISHED.
IN NO EVENT SHALL KINA BE LIABLE HEREUNDER, REGARDLESS OF THE FORM OF CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE), FOR ANY LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS, OR SERVICES, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, REVENUES, PROFITS AND/OR GOODWILL, EVEN IF SUCH DAMAGES WERE REASONABLY FORSEEABLE OR IF KINA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE INSUFFICIENCY OR FAILURE OF ANY REMEDY PROVIDED HEREIN.
CERTAIN JURISDICTIONS AND LAWS MAY NOT PERMIT SOME OR ALL OF THE DISCLAIMERS OF LIABILITY SET FORTH IN THIS SECTION. IN THE EVENT THAT SUCH A JURISDICTION OR LAW APPLIES TO THE SUBJECT MATTER OF THIS TOU, THE FOREGOING DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
No Professional Advice
Kina itself does not provide medical, mental health, legal, tax, investment, insurance, or other regulated professional advice or services. General content, recommendations, search results, concierge assistance, provider matching, and other information provided by Kina are for informational and organizational purposes and should not be treated as professional advice from Kina.
Certain Experts available through the Platform may be licensed, certified, or otherwise qualified professionals. An Expert may provide professional advice or services within the scope of that Expert’s qualifications, licensure, and applicable law. Any such advice or services are provided independently by the Expert, not by Kina. Kina does not direct, supervise, or control an Expert’s independent professional judgment.
An Expert may determine that your questions or needs cannot appropriately be addressed through an Expert Session and may recommend that you seek additional, specialized, in-person, or emergency assistance. Kina does not guarantee any particular result or outcome from an Expert Session or other professional service.
Term, Termination, and Suspension
This TOU takes effect (or re-takes effect) at the moment You first access, use, install, and/or log into the Platform. Kina reserves the right at any time and on any grounds, including without limitation any reasonable belief of fraudulent or unlawful activity, to deny or suspend Your access to the Platform, or to any portion thereof, in order to protect its name and goodwill, its business, its ownership and other rights in the Platform or any content or information therein, the security and stability of the Platform, and/or the rights of others. This TOU terminates automatically if You fail to comply with any provision hereof, subject to the survival rights of certain provisions identified below. You may also terminate this TOU at any time by ceasing to use the Platform, but each re-access or renewed use of the Platform will reapply the TOU to You. Upon termination or expiration of the TOU for any reason, all licenses granted by Kina hereunder shall immediately terminate, and You must immediately cease all use of the Platform. The provisions of this TOU concerning Kina’s proprietary rights, Feedback, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, indemnification rights, arbitration, class action waiver, injunctive relief, and governing law will survive the termination of this TOU for any reason.
Without limiting the foregoing, Kina reserves the right, in its sole discretion, to terminate or suspend Your access to the Platform or any feature or portion thereof at any time, without notice to You, if Kina reasonably determines or suspects that You are in violation of this TOU.
Arbitration
In the event the parties hereto are not able to resolve any dispute between them arising out of or concerning this TOU, or any provisions hereof, whether arising in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved exclusively through final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered under the Commercial Arbitration Rules of the American Arbitration Association. The exclusive site of such arbitration shall be in Los Angeles, California. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. The prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of this TOU for any reason. Notwithstanding the foregoing, Kina may bring a claim for injunctive relief against Your violation of this TOU in any court of competent jurisdiction.
Class Action Waiver
BY USING THE PLATFORM AND AGREEING TO THESE TERMS, YOU HEREBY WILLINGLY, EXPRESSLY, AND KNOWINGLY WAIVE ALL RIGHT TO BRING OR PARTICIPATE IN ANY CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THIS TOU OR YOUR USE OF THE PLATFORM. YOU MAY NOT BRING ANY CLAIM, SUIT, OR OTHER PROCEEDING TO ENFORCE THIS TOU AS THE MEMBER OF ANY CLASS OR AS PART OF ANY SIMILAR COLLECTIVE OR CONSOLIDATED ACTION.
Governing Law
This TOU is governed by the laws of the State of California, without reference to its principles of conflict of laws. Subject to the foregoing arbitration requirements, any claim, suit, or other proceeding brought between the You and Kina under this TOU shall be adjudicated exclusively in the state and federal courts sitting in California, and You hereby expressly submit to such jurisdiction for the final resolution thereof.
The Platform may not be used or accessed from or in any jurisdiction that does not give effect to all provisions of this TOU, including without limitation this paragraph.
Independent Contractors
The relationship between You and Kina under this TOU is that of independent contractors, and nothing herein or in Your use of the Platform shall be construed as creating any joint venture, partnership, employment, or agency relationship.
Security and Compliance
Kina reserves the right to monitor, record, review, and analyze activity on the Platform for purposes including security, fraud prevention, abuse detection, operational support, compliance with applicable law, and enforcement of these Terms. Such monitoring may occur without prior notice where permitted by applicable law.
Export Controls
You represent and warrant that You are not: (a) located in a country that is subject to a U.S. government embargo or sanction; or (b) listed on any U.S. government list of prohibited or restricted parties. You hereby agree that (i) You will comply with all applicable sanctions and export control laws, and (ii) You are solely responsible for ensuring that the Platform is used, disclosed, and/or accessed only in accordance with all applicable sanctions and export control laws.
Severability and Waiver
If any part of this TOU is determined to be invalid or unenforceable pursuant to court order or other operation of applicable law, such provision shall be deemed reformed or severed from this TOU to the minimum extent required by such order or law, and the remainder of this TOU shall continue in full force and effect to the maximum extent permitted under applicable law.
Kina’s failure to insist on strict performance of any of this TOU will not operate as a waiver of any subsequent default or failure of performance by You. No waiver by Kina of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
Injunctive Relief
You acknowledge that any breach, threatened or actual, of this TOU would cause irreparable injury to Kina not readily quantifiable as money damages, such that Kina would not have an adequate remedy at law. You therefore agree that Kina shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any such breach of Your obligations, without the necessity of posting bond or other security.a
Changes to Terms
Please note that Kina reserves the right to change the terms and conditions of this TOU by posting a revised set of terms or mailing and/or e-mailing notice thereof to You. In addition, Kina may add, modify, or delete any aspect, component, or feature of the Platform, but Kina is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Platform following any announced change will be deemed as conclusive acceptance of any change to the TOU. Accordingly, please review the TOU on a periodic basis.
If You have any questions regarding this TOU, please contact Kina at hello@kina.co
Appendix 1 – ACH Rules
1. You agree that all electronic ACH transactions requested, initiated or otherwise processed in connection with your Account or your use of the Services are subject to this Agreement, the Operating Rules of the National Automated Clearing House Association (“NACHA Rules”), and all other applicable laws, rules and regulations, which may include Uniform Commercial Code Article 4A or Regulation E. For purposes of the NACHA Rules, we are an “Originator” or a “Third Party Sender”.
2. For purposes of ACH debits and credits, and all electronic payments made or received through the Services, you:
Understand and agree that all payments processed through the Services are funded by an electronic withdrawal (an “ACH debit”) processed for us through the ACH Network from your Payment Account;
Authorize us to initiate and process ACH debits and credits in accordance with your payment instructions and as provided under this Agreement; and
Agree to be subject to and comply with this Agreement, the NACHA Rules, and all other applicable laws, rules and regulations.
3. ACH DebitsDebits from your Payment Account. When a Payer uses Kina to make payment, you are responsible for the payment amount and agree to fund the payment to us. To fund the payment, you authorize us to process an ACH debit from your Payment Account in the full amount of each payment requested. If an ACH debit from your Payment Account to fund a payment made by a Payer through the Service is rejected or returned by your bank for any reason, YOU UNDERSTAND AND AGREE THAT YOU CONTINUE TO BE RESPONSIBLE FOR FUNDING THE PAYMENT AMOUNT AND AGREE TO PAY THE AMOUNT OF THE REJECTED DEBIT DIRECTLY TO US WITHIN 5 BUSINESS DAYS. You also agree that we may resubmit a returned or rejected ACH debit to your Payment Account, at our sole discretion. You agree to pay all penalties, interest charges, late payment fees, service fees, and/or interest related to the rejected or returned funding ACH debit. You certify that your Payment Account is enabled for ACH debits, and agree to reimburse us for all penalties and fees incurred if any funding ACH debit is rejected or returned because your Payment Account was not properly configured to accept ACH debits. If an ACH debit processed by us from your Payment Account is rejected or returned for any reason, we reserve the right to suspend all payments from your Account or terminate your Account, all at our sole discretion. Kina will use commercially reasonable efforts to provide advance notice to you, subject to any restrictions imposed by law enforcement or applicable law, prior to suspending payments or terminating your Account in accordance with this Section.
Returns and Maintaining Sufficient Funds. When using the Service, you understand and agree that it may take more than 60 days for us to receive notice of the return or reversal of an ACH debit and/or to exercise any rights granted or reserved under this Agreement. You agree at all times to maintain sufficient funds in your Payment Account to satisfy all obligations to us in connection with your Account and your Payers’ use of the Service, including returns, reversals, and associated fees, and to add funds immediately if we notify you that your funds are insufficient.
Ownership of Funds Collected for Payment. In the event that we process an ACH debit to fund a payment before we make the associated payment disbursement, the funds collected through the ACH debit will be held in a master bank account owned by us, as custodian and agent on your behalf and for your benefit. These funds may be commingled with other funds similarly collected and held by us for purposes of making payments requested through the Service. Even though the funds will be held in an account owned by us, the funds are held solely for your benefit, not us, and you will be principal with respect to those funds.
4 ACH Payments and ACH Credits
ACH Payments: When using Kina, if permitted by your Account and this Agreement, your Payers may choose to pay Payees via electronic ACH. ACH payments may not be available for all payments.
Credit for Returned or Canceled Payments: If a payment requested or made through Kina is returned or canceled, we reserve the right to process an ACH credit in the amount of the payment to your Payment Account, less any Service Fees or other amounts owed to us.
