Last updated April 9, 2025
Kinds Security, Inc. ("us" "our" or "Kinds") offers email security-related services. These Terms of Service ("Terms") govern your access to and use of Kinds's website, EML Analyzer, and Core offering, ("Services") by each person who visits our websites and/or uses our Services (each, a "User"). All references to "you" or "your," means each User. If you use the Services on behalf of an entity, "you" and "your" will refer to that entity. Use of our Services is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By using our Services, you represent and warrant that you are eligible. By using Kinds's Services, you agree to these Terms. If you are acting on behalf of an entity, you represent and warrant that: (a) you have the authority to bind that entity; (b) your acceptance of these Terms is deemed an acceptance by that entity. These Terms incorporate our Privacy Policy, which is available at https://kinds.security/privacy-policy/ ("Privacy Policy"), which governs our collection and use of personal information. By using our Services, you consent to the terms of our Privacy Policy. Capitalized terms not defined in these Terms have the meanings assigned in our Privacy Policy.
(a) Right to Access. Subject to compliance with these Terms, Kinds grants you a nonexclusive, limited, non-sublicensable, non-transferable right to access and use the Services solely for your internal business purposes, only as provided herein, and only in accordance with Kinds's user documentation for the Services, available at https://docs.trykinds.com ("Documentation").
(b) Account Registration and Security. To register for the Services, User may be asked to create an account with Kinds and provide certain personal details. It is a condition precedent to User's use of the Services that all information User provides is correct, current, and complete. If User chooses, or if Kinds provides with, a username, password, API key, license key, or any other information as part of Kinds's security procedures, User must treat such information as confidential and may not disclose it to any third party. User acknowledges that its account is personal to User and agrees not to provide any third party with access to the Services using User's account information.
(c) Service Updates. From time to time, Kinds may, provide upgrades, patches, enhancements, or fixes to the Services without additional charge ("Updates") and such Updates will become part of the Services and subject to these Terms. Notwithstanding the foregoing, Kinds has no obligation to provide such Updates. User understands that Kinds may make improvements and modifications to the Services at any time in its sole discretion. Kinds will use commercially reasonable efforts to provide User with reasonable prior notice of any material changes. Kinds will not be liable for any unavailability of the Services at any time or for any period.
(d) Limited Functionality. The Services may be limited or incomplete in various ways as compared to the scope of other Kinds Services, such as no implementation or support assistance, limits on number of User accounts and disabled or limited customization, functionality and features.
(a) Use Restrictions. Except as expressly set forth in these Terms, User shall not (and shall not allow any third party to), directly or indirectly:
(i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services (except to the extent applicable laws specifically prohibit such restriction);
(ii) modify, translate, or create derivative works based on the Services;
(iii) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services;
(iv) use the Services for the benefit of a third party;
(v) remove or otherwise alter any proprietary notices or labels from the Services or any portion thereof;
(vi) use Kinds Intellectual Property (as defined in Section 5) to build an application or product that is competitive with any Kinds product or Services;
(vii) use the Services for fraudulent or illegal purposes;
(viii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or
(ix) bypass any measures Kinds may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services).
(b) User is responsible for all of User's activity in connection with the Services, including but not limited to uploading User Data onto the Services.
User (a) shall use the Services in compliance with all applicable local, state, national and foreign laws, treaties and regulations in connection with User's use of the Services (including those related to data privacy, international communications, export laws and the transmission of technical or personal data laws), and (b) shall not use the Services in a manner that violates any third party intellectual property, contractual or other proprietary rights. User is responsible and liable for all uses of the Services resulting from access provided by User, directly or indirectly, whether such access or use is permitted by or in violation of these Terms.
(c) Suspension of Services. Kinds may suspend User's access to any or all Services at any time for any reason with or without notice.
Use of the Services is free for Users. Use of additional Kinds services through a paid subscription, please contact us at sales@trykinds.com.
(a) Kinds Intellectual Property. As between the parties, Kinds retains all right, title, and interest in and to the Services, Documentation, and all software, products, works, and other intellectual property and moral rights related thereto or created, used, or provided by Kinds for the purposes of these Terms, including any copies and derivative works of the foregoing (collectively, the "Kinds Intellectual Property"). No rights or licenses are granted except as expressly and unambiguously set forth in these Terms.
(b) User Data. User shall retain all right, title and interest in and to the User Data, including all intellectual property rights therein. User, not Kinds, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all User Data. Kinds is not responsible to User for unauthorized access to User Data or the unauthorized use of the Services unless such access is due to Kinds's gross negligence or willful misconduct. User is responsible for the use of the Services by any person to whom User has given access to the Services, even if User did not authorize such use. User agrees and acknowledges that User Data may be irretrievably deleted. User acknowledges and agrees that Kinds may:
(i) internally use and modify (but not disclose) User Data for the purposes of (A) providing the Services to User and (B) generating Aggregated Anonymous Data (as defined below); and
(ii) freely use, retain and make available Aggregated Anonymous Data for Kinds's business purposes (including without limitation, for purposes of improving, testing, operating, promoting and marketing Kinds's products and services). "Aggregated Anonymous Data" means data submitted to, collected by, or generated by Kinds in connection with User's use of the Services, but only in aggregate, anonymized form which can in no way be linked specifically to User.
(c) Feedback. User may (but is not obligated to) provide suggestions, comments or other feedback to Kinds with respect to the Services ("Feedback"). Feedback, even if designated as confidential by User, shall not create any confidentiality obligation for Kinds notwithstanding anything else. Kinds acknowledges and agrees that all Feedback is provided "AS IS" and without warranty of any kind. User shall, and hereby does, grant to Kinds a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid up license to use and exploit the Feedback for any purpose. Nothing in these Terms will impair Kinds's right to develop, acquire, license, market, promote or distribute products, software or technologies that perform the same or similar functions as, or otherwise compete with any products, software or technologies that User may develop, produce, market, or distribute.
User acknowledges and agrees that the Services may operate on, with, or using application programming interfaces (APIs) and/or other services operated or provided by third parties ("Third Party Services"), including, without limitation, through integrations or connectors to such Third Party Services that are provided by Kinds. Kinds is not responsible for the operation of any Third Party Services nor the availability or operation of the Services to the extent such availability and operation is dependent upon Third Party Services. User is solely responsible for procuring any and all rights necessary for it to access Third Party Services (including any User Data or other information relating thereto) and for complying with any applicable terms or conditions thereof. Kinds does not make any representations or warranties with respect to Third Party Services or any third party providers. Any exchange of data or other interaction between User and a third party provider is solely between User and such third party provider and is governed by such third party's terms and conditions.
(a) Obligations. From time to time during the Term of this Agreement, Kinds may disclose or make available to User information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media, and whether or not marked, designated or otherwise identified as "confidential" (collectively, "Confidential Information"). User shall not disclose Kinds's Confidential Information to any person or entity, except to its employees who have a need to know the Confidential Information for User to exercise its rights or perform its obligations hereunder.
(b) Exclusions. Confidential Information does not include information that, at the time of disclosure is:
(i) in the public domain;
(ii) known to User at the time of disclosure;
(iii) rightfully obtained by User on a non-confidential basis from a third party; or
(iv) independently developed by User.
(c) Permitted Disclosure. Notwithstanding the foregoing, User may disclose Confidential Information to the limited extent required
(i) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order shall first have given written notice to Kinds and made a reasonable effort to obtain a protective order; or
(ii) to establish User's rights under these Terms, including to make required court filings.
(d) Return or Destruction of Confidential Information. On the expiration or termination of these Terms, User shall promptly return to Kinds all copies, whether in written, electronic, or other form or media, of the disclosing party's Confidential Information, or destroy all such copies and certify in writing to Kinds that such Confidential Information has been destroyed at Kinds's request. User's obligations of non-disclosure with regard to Confidential Information will expire five years from the date first disclosed to User; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law.
(a) LinkAnalysis Service. If Customer uses Kinds's LinkAnalysis Service ("LinkAnalysis"), Customer hereby consents to providing Kinds with certain email hyperlinks contained in email messages of the Customer's personnel subject to LinkAnalysis. Customer acknowledges that LinkAnalysis usage may be subject to a quota.
(b) Share With Kinds. Kinds offers the ability for Customer to share full email messages of its users with Kinds for the purpose of improving the Kinds Service. By utilizing the "Share With Kinds" feature, Customer hereby consents to providing the content of such messages with Kinds, and such content will be considered Customer Data in accordance with this Agreement and Kinds's Privacy Policy.
(a) Effectiveness. For Users of Services, these Terms (as may be amended from time to time) remain in effect until terminated by us.
(b) Termination. Kinds may terminate access to any and all Services for Users at any time for any reason with or without notice.
(c) Effect of Termination. Upon termination of your Services, User shall immediately discontinue use of the Services. 9. Indemnification. User shall defend, indemnify, and hold harmless Kinds, its affiliates and each of its and its affiliates' employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses paid or payable to an unaffiliated third party (including reasonable attorneys' fees) that arise from or relate to any claim that:
(i) the User Data or User's use of the Services infringes, violates, or misappropriates any third party intellectual property or proprietary right, including any rights of privacy, or violates any applicable law; or
(ii) User's use of the Services in a manner that is not permitted by these Terms or the Documentation.
(a) User represents and warrants that it has all rights necessary to provide the User Data to Kinds as contemplated hereunder, in each case without any infringement, violation or misappropriation of any third party rights (including, without limitation, intellectual property rights and rights of privacy). User warrants that it shall use commercially reasonable efforts to safeguard all Kinds Intellectual Property from infringement, misappropriation, theft, misuse, or unauthorized access. User shall promptly notify Kinds if User become aware of any infringement of Kinds Intellectual Property and fully cooperate with Kinds, at Kinds's expense, in any legal action taken by Kinds to enforce its intellectual property rights.
(b) USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE, USAGE OF TRADE, OR COURSE OF DEALING, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NEITHER KINDS NOR ANYONE ASSOCIATED WITH KINDS REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 11. Limitation of Liability. IN NO EVENT SHALL KINDS, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT
(i) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (ii) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). KINDS'S AGGREGATE LIABILITY FOR ANY AND ALL CAUSES OF ACTION, CLAIMS, AND DAMAGES IN CONNECTION WITH THIS AGREEMENT IS LIMITED TO $500.
(a) Survival. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, Sections 5, 6, and 9 through 12.
(b) Entire Agreement. These Terms, including all supplements or policies referenced herein, represent the entire agreement between User and Kinds with respect to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between User and Kinds with respect thereto.
(c) Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules, and the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Wilmington, Delaware.
(d) Arbitration. At Kinds's sole discretion, it may require User to submit any disputes arising from the use of the Services or these Terms, including disputes arising from or concerning interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.
(e) Notices. All notices under these Terms must be in writing. Kinds may deliver notices to User using the information User provided when it registered its account. User may provide notice to Kinds via email at legal@trykinds.com or via certified or registered mail, return receipt requested at Kinds Security, [YOUR COMPANY ADDRESS]. Notices will be deemed delivered on the date of receipt if delivered by email or two days after the date sent by mail.
(f) Changes to these Terms. Kinds may revise and update these Terms from time to time in its sole discretion. Kinds will use reasonable efforts to notify User of material changes to these Terms prior to such changes taking effect. Notwithstanding the foregoing, all changes are effective immediately when Kinds publishes them and apply to all access and use of the Services thereafter. However, any changes to Section 11(d) (Arbitration) will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted. User's continued use of the Services following Kinds's publication of the revised Terms is deemed an acceptance by User of the revised Terms.
(g) Force Majeure. Neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party's reasonable control, including, without limitation, the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of Services attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes lock-outs or labor disruptions; any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.
(h) Assignment. Neither party may assign any of its rights or obligations hereunder without the other party's consent except that Kinds may assign all of its rights and obligations hereunder without such consent to a successor-in-interest in connection with a sale of substantially all of Kinds's business relating to these Terms.
(i) Relationship of the Parties. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
(j) Fees; Severability. In any action or proceeding to enforce rights under these Terms, the prevailing party shall be entitled to recover costs and attorneys' fees. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
(k) Waiver. The failure of either party to act with respect to a breach of these Terms by the other party shall not constitute a waiver and shall not limit such party's rights with respect to such breach or any subsequent breaches.
(l) Comments and Concerns. All feedback, comments, requests for technical support, notices of copyright infringement claims, and other communications relating to the Services should be directed to legal@trykinds.com.