Terms of Service

1. The Services

Kind Century operates a long-term research effort to understand the health of people who serve their communities, and to identify which products people use and which environmental factors they are exposed to may relate to medical issues. The portal lets you sign a medical-records authorization, identify your care providers and pharmacies, provide your health insurance and coverage details, connect certain accounts, and manage the information you choose to share with us.

The Services are a research and information platform. They are not a healthcare service, an insurance product, a medical device, or a clinical diagnostic tool.

We ask for your health insurance information so that we can identify and request the records your health plans and insurers hold about your care. We do not provide, arrange, or administer insurance coverage, we do not bill your health plan, and we do not assist with claims, benefits, appeals, or any other dealing between you and your insurer.

2. Eligibility and access

You must be at least 18 years old and located in the United States to use the Services. Access is granted by invitation, including through a union referral, and we may limit, condition, or withdraw access at any time.

By using the Services you represent that you are at least 18, that the information you provide is true and accurate, and that you are acting on your own behalf and not on behalf of another person unless you are that person's legally authorized representative and have told us so.

3. No medical advice; no provider relationship

Kind Century is not a healthcare provider, and using the Services does not create a doctor-patient, therapist-patient, or any other treatment relationship. Nothing in the Services is medical advice, diagnosis, or treatment, and nothing should be relied on as a substitute for the advice of a qualified health professional.

Never disregard or delay seeking professional medical advice because of something you read or receive through the Services. Always consult your own clinician about your health and before making any decision about care, medication, or treatment.

If you think you may have a medical emergency, call 911 or your local emergency number immediately. The Services are not monitored for emergencies and must not be used to report one.

Any records, summaries, timelines, or research information shown to you are provided for your own information only. They may be incomplete, delayed, or contain errors originating from the sources they came from, and they are not a certified or complete medical record.

4. Research participation

Participation in our research is voluntary. You may decline to provide information, decline to connect an account, or stop using the Services at any time.

• We do not promise that the research will produce any particular result, finding, or benefit, or that any finding will apply to you.
• You are not entitled to compensation for your participation or for any product, publication, discovery, or commercial result that arises from the research, unless we agree otherwise in writing.
• We may not return individual results to you. If we do share information with you, it is for your information only and is subject to Section 3.
• Research outputs are generally produced from de-identified and aggregated information.

5. Your account

You may create an account by signing in with a supported identity provider. You agree to keep your account credentials secure, to keep your information current, and to notify us promptly at Info@KindCentury.com if you suspect unauthorized use. You are responsible for activity that occurs under your account.

You may not share your account, allow others to use it, or transfer it to anyone else.

6. Your authorizations and consents

Separately from these Terms, you may sign a HIPAA authorization permitting Kind Century to obtain copies of your medical records from the providers and other sources you identify. That authorization is its own document and governs the disclosure it describes. You can revoke it in writing at any time, in the manner described within it.

Effect of revocation. Revoking an authorization stops future collection under it. It does not apply to actions already taken in reliance on it, and it does not require us to retrieve or delete information we already lawfully received, or to remove information from de-identified or aggregated datasets, analyses, or research results that have already been created.

Electronic signatures and records

You consent to transact with us electronically. Your electronic signature — including a signature you draw, type, or submit by clicking to accept — has the same legal effect as a handwritten signature, and electronic records satisfy any requirement that a record be in writing. You may request a paper copy of a document you signed by emailing Info@KindCentury.com. You may withdraw this consent by contacting us, but doing so may prevent you from using parts of the Services.

7. Information you provide

You are responsible for the information you submit, including the accuracy of your identity, contact details, providers, pharmacies, and health information. Inaccurate information can cause records to be requested from the wrong source or research conclusions to be wrong.

Do not submit information about another person unless you are legally authorized to do so. Do not submit information you are not permitted to share.

8. How we may use information

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms.

De-identified and aggregated information. You grant Kind Century a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable license to create, use, retain, reproduce, modify, analyze, publish, and commercialize de-identified and aggregated information derived from the information you provide, for any lawful purpose, including research, product development, and publication. De-identified information is information that does not identify you and cannot reasonably be used to identify you, and we will not attempt to re-identify it except as permitted by law. This license survives termination of your account.

Feedback. If you send us ideas, suggestions, or feedback, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use them for any purpose without obligation or compensation to you.

9. Third-party services and sources

The Services rely on third parties — for example identity providers, email providers, cloud infrastructure, secure fax and records-retrieval vendors, healthcare providers, and pharmacies. Your use of a third-party service may also be governed by that party's own terms and privacy policy.

We do not control third parties and are not responsible for their acts or omissions, for the accuracy or completeness of information they provide, or for their delays or failures, including a provider's refusal or failure to release your records.

10. Communications

You agree that we may contact you about the Services by email, telephone, or text message at the contact details you provide, including messages about your account, your authorizations, records requests, and the research. Message and data rates may apply. You may opt out of marketing messages at any time using the unsubscribe link or by contacting us; we may still send you service-related messages necessary to administer your account.

11. Acceptable use

You agree not to, and not to attempt to:

• misuse the Services or use them for any unlawful, harmful, or fraudulent purpose;
• access data that is not yours, or any account, system, or network without authorization;
• interfere with or disrupt the Services, including by probing, scanning, overloading, or circumventing any security or access control;
• scrape, crawl, or use automated means to access or extract data from the Services, or reverse engineer, decompile, or attempt to derive source code;
• impersonate any person, misrepresent your identity or affiliation, or submit false information;
• use the Services to develop a competing product or service, or resell or commercially exploit the Services; or
• encourage or assist anyone else in doing any of the above.

We may investigate, suspend, or terminate access, and take any other action we consider appropriate, where we believe it is necessary to protect members' data, the Services, or our legal interests.

12. Intellectual property

The Services, including all software, text, design, graphics, and research methods and outputs, are owned by Kind Century or our licensors and are protected by intellectual property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services for your own participation, subject to these Terms.

You retain whatever rights you have in the information you submit. Nothing in these Terms transfers ownership of our intellectual property to you, and all rights not expressly granted are reserved.

13. Availability and changes to the Services

The Services are under active development and may be offered on a limited, invitation-only, pilot, or beta basis. We may add, change, suspend, limit, or discontinue any part of the Services at any time, with or without notice. We do not guarantee that the Services will be available, uninterrupted, timely, secure, or error-free.

14. Termination

You may stop using the Services at any time and may ask us to close your account by emailing Info@KindCentury.com. We may suspend or terminate your access at any time, with or without notice, including if we believe you have violated these Terms or if we discontinue the Services.

Sections that by their nature should survive termination will survive, including Sections 3, 4, 6, 8, 9, 12, and 16 through 22, and any retention or use of information permitted by our Privacy Policy or an authorization you signed.

15. Privacy

Our Privacy Policy explains what we collect and how we use it. By using the Services you also agree to the Privacy Policy. Where a signed authorization applies to particular information, that authorization controls the disclosure it describes.

16. Disclaimers

The Services are provided "as is" and "as available," with all faults and without warranty of any kind. To the fullest extent permitted by law, Kind Century disclaims all warranties, express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

Kind Century does not warrant that the Services will meet your requirements, that access will be uninterrupted or secure, that defects will be corrected, or that any information obtained through the Services — including medical records, timelines, or research information — is accurate, complete, current, or fit for any purpose.

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

17. Limitation of liability

To the fullest extent permitted by law, Kind Century and its officers, directors, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to these Terms or the Services, whether based in contract, tort, negligence, strict liability, or any other theory, and whether or not we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability for all claims relating to these Terms or the Services will not exceed the greater of one hundred U.S. dollars ($100) or the total amount you paid us, if any, in the twelve months before the event giving rise to the claim.

These limitations are an essential basis of the agreement between us. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you, and nothing in these Terms limits liability that cannot be limited by law.

18. Indemnification

You agree to defend, indemnify, and hold harmless Kind Century and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to your use of the Services, your violation of these Terms or applicable law, your submission of information you were not authorized to provide, or your infringement of the rights of another person. We may assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.

19. Dispute resolution; arbitration; class action waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have disputes heard by a jury.

Informal resolution first

Before starting an arbitration, you agree to email Info@KindCentury.com describing the dispute and give us 60 days to try to resolve it informally. We will do the same before bringing a claim against you.

Agreement to arbitrate

If we cannot resolve a dispute informally, you and Kind Century agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by final and binding individual arbitration administered by a recognized arbitration provider under its consumer arbitration rules, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitration will be held in the county where you live or, at your election, by telephone, videoconference, or written submission.

Class action waiver

You and Kind Century 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 more than one person's claims or preside over any form of representative proceeding.

Exceptions

Either party may bring an individual claim in small claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or to stop unauthorized access to the Services. Nothing in this section prevents you from reporting a concern to a government agency.

Your right to opt out

You may opt out of this arbitration agreement by emailing Info@KindCentury.com with your name and a statement that you opt out of arbitration, within 30 days of first accepting these Terms. Opting out will not affect any other part of these Terms, and will not affect your access to the Services. If the class action waiver above is found unenforceable as to a particular claim, that claim will proceed in court and the rest of this section will remain in effect.

20. Governing law

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict of laws rules. To the extent any dispute is not subject to arbitration, you and Kind Century consent to the exclusive jurisdiction of the state and federal courts located in New Jersey.

21. Changes to these Terms

We may update these Terms. When we make material changes, we will ask you to review and accept the updated version before continuing to use the Services, and we record which version you accepted. Changes are effective when posted or, where we ask for your acceptance, when you accept. If you do not agree to the updated Terms, you must stop using the Services.

22. General

• Entire agreement. These Terms, the Privacy Policy, and any authorization you sign are the entire agreement between you and Kind Century about the Services and replace any prior understanding.
• Severability. If a provision is found unenforceable, it will be modified to the minimum extent necessary or severed, and the rest will remain in effect.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them, including in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control.
• No third-party beneficiaries. These Terms do not create rights for anyone other than you and Kind Century.
• Notices. We may send notices to the email address on your account. You may send notices to Info@KindCentury.com.

23. Contact

Questions about these Terms? Email us at Info@KindCentury.com or write to us at: