Last updated: January 20, 2025

1. Agreement to Terms

By accessing or using the Kinds Security platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Kinds Security provides a security awareness training platform that includes:

• Phishing simulation campaigns

• Security awareness training workshops and content

• Employee training management and tracking

• Analytics and reporting on security awareness metrics

• Administrative tools for managing organizations and learners

3. Account Registration

To use the Service, you must create an account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials

• All activities that occur under your account

• Notifying us immediately of any unauthorized use of your account

• Ensuring that your use of the Service complies with all applicable laws

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service for any illegal or unauthorized purpose

• Use phishing simulations against individuals who have not been properly enrolled by their organization

• Attempt to gain unauthorized access to any part of the Service

• Interfere with or disrupt the Service or servers connected to the Service

• Transmit any malicious code, viruses, or harmful data

• Collect or harvest any information from other users without consent

• Impersonate any person or entity or misrepresent your affiliation

• Use the Service to send unsolicited communications

5. Phishing Simulation Guidelines

When using our phishing simulation features, you acknowledge and agree that:

• Simulations may only be conducted on employees or members of your organization who have been properly enrolled

• You have obtained any necessary consents or authorizations required by applicable law

• You will not use simulations to harass, threaten, or harm any individual

• Results are intended for educational and training purposes only

• You are responsible for communicating the purpose of the training program to your organization

6. Subscription and Payment

Access to certain features of the Service requires a paid subscription. By subscribing, you agree to:

• Pay all fees associated with your subscription plan

• Provide accurate billing information

• Authorize us to charge your payment method for recurring fees

Subscription fees are billed in advance and are non-refundable except as required by law or as explicitly stated in your subscription agreement. We reserve the right to modify pricing with 30 days' notice.

7. Intellectual Property

The Service, including all content, features, and functionality, is owned by Kinds Security and is protected by copyright, trademark, and other intellectual property laws.

You retain ownership of any data you upload to the Service. By uploading content, you grant us a limited license to use, store, and process that content solely to provide the Service to you.

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.

You are responsible for ensuring that your use of the Service complies with all applicable data protection laws and that you have obtained any necessary consents from individuals whose data you process through the Service.

9. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. We may:

• Perform scheduled maintenance with reasonable advance notice

• Modify, suspend, or discontinue features with notice when possible

• Experience downtime due to circumstances beyond our control

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINDS SECURITY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

12. Indemnification

You agree to indemnify, defend, and hold harmless Kinds Security and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

13. Termination

We may suspend or terminate your access to the Service at any time for any reason, including violation of these Terms. Upon termination:

• Your right to use the Service will immediately cease

• We may delete your account and data after a reasonable retention period

• Provisions that by their nature should survive termination will survive

You may terminate your account at any time by contacting us at contact@kindssecurity.com.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the state or federal courts located in Delaware.

15. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

16. Contact Us

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

Kinds Security
Email: contact@kindssecurity.com