Last Updated: July 7, 2026
These Terms of Service ("Agreement" or "Terms") constitute a legally binding contract between Kindilly ("Kindilly", "we", "us", or "our") and the individual or legal corporate entity accessing or utilizing our platform, software applications, websites, and associated infrastructure (collectively, the "Platform" or "Services").
By executing an enterprise order form, clicking "I Agree," or otherwise accessing or utilizing the Platform, you ("User", "Client", or "you") represent and warrant that you have the legal capacity and authority to bind yourself or the organization you represent to this Agreement. If you do not agree to these terms, you are strictly prohibited from accessing or using the Platform.
Kindilly provides a software-as-a-service (SaaS) architecture designed entirely to facilitate positive workplace culture, professional recognition, and structured encouragement within organizational ecosystems.
To minimize corporate liability, eliminate workplace harassment vectors, and reduce administrative moderation burdens, the Platform explicitly does not contain, offer, or support direct peer-to-peer private messaging or chat features. All communicative workflows are structural, template-guided, or published via designated team-wide public recognition channels.
Users must provide accurate, current, and complete information during registration.
You are solely responsible for safeguarding the credentials associated with your account. You assume absolute liability for all administrative actions, data submissions, and programmatic workflows executed under your credentials.
You agree to immediately notify Kindilly's security operations team if you suspect or become aware of any unauthorized access, credential stuffing, or breach of security related to your account.
You explicitly covenant and agree that you will not, directly or indirectly, use the Platform to post, upload, transmit, or host any text, media, or data that:
Kindilly utilizes automated backend systems, including advanced computer vision and text analysis models, to monitor and evaluate all user-generated submissions against our community guidelines and this AUP.
Kindilly reserves the absolute, unconditioned right to pre-screen, flag, filter, modify, or immediately and permanently remove any user-generated content from the active database infrastructure without prior notice or liability.
Repeated violations of the AUP may result in the immediate suspension, restriction, or permanent termination of individual User accounts or Client organization tenancies, as determined in Kindilly's sole discretion.
As between you and Kindilly, you retain all right, title, and interest in and to the raw text, media assets, and employee data uploaded to the Platform ("User Content").
By submitting User Content to the Platform, you grant Kindilly a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to host, cache, store, reproduce, modify, transmit, and display such content solely for the operational purpose of delivering, optimizing, and supporting the Services.
Kindilly retains all right, title, and interest, including all worldwide intellectual property rights, in and to the Platform, its underlying source code, application logic, database architecture, design elements, algorithms, and technical modifications.
Kindilly enforces a definitive Hard Delete Policy to support regulatory compliance and user data sovereignty.
Upon confirmation of an account deletion request through the Platform's administrative portal, the system triggers an automated, cascaded backend architecture sequence. This sequence permanently, entirely, and irreversibly purges all data rows associated with the user, including all user-authored appreciation text, media attachments, metadata, and transaction tables.
You acknowledge and agree that this deletion process is technically absolute and completely irreversible. Kindilly cannot recover, restore, or export any data once this hard deletion sequence has concluded.
THE PLATFORM AND ALL ASSOCIATED SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY.
KINDILLY SPECIFICALLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE PLATFORM WILL OPERATE UNINTERRUPTED, COMPLETELY SECURE, ERROR-FREE, OR THAT ALL DATA WILL REMAIN ENTIRELY FREE FROM CORRUPTION OR LOSS.
Kindilly reserves the right to suspend or restrict access to the Platform periodically to perform necessary server patches, schema optimization, and security deployments.
You agree to indemnify, defend, and hold harmless Kindilly, its parent companies, subsidiaries, affiliates, officers, directors, employees, and technological contractors from and against any third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KINDILLY, ITS AFFILIATES, OR ITS THIRD-PARTY TECHNOLOGY CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SEVERANCE CLAIMS, OR SYSTEM DOWNTIME, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
KINDILLY'S AGGREGATE, CUMULATIVE LIABILITY FOR ALL CLAIMS OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO KINDILLY IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO LIABILITY.
Individual Users may terminate their accounts at any time via Platform options. Enterprise Client contracts may be terminated in accordance with the terms specified in their applicable Order Form.
Kindilly reserves the right to immediately terminate or suspend this Agreement and disable your access to the Platform, without prior notice, if you commit a material breach of these Terms, fail to clear outstanding subscription dues, or engage in behaviors that pose an imminent threat to the technical safety or legal standing of the Platform.
Upon expiration or termination of this Agreement, all provisions which by their structural nature should survive will remain in effect, including Section 5 (Intellectual Property), Section 7 (Disclaimers), Section 8 (Indemnification), Section 9 (Limitation of Liability), and Section 11 (Dispute Resolution).
This Agreement, its interpretation, performance, and enforcement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Any dispute, controversy, or claim arising out of, relating to, or in connection with this contract, including its existence, validity, interpretation, performance, breach, or termination, shall be referred to and finally resolved by binding arbitration in accordance with the simplified arbitration rules of the province of Ontario. The place of arbitration shall be Toronto, Ontario. The language of the arbitration shall be English.
YOU AND KINDILLY EXPLICITLY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
Neither party shall be liable for any failure or delay in performance under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, war, regional insurrection, labor strikes, global pandemics, systemic internet outages, cloud infrastructure failures, regulatory changes, or direct acts of civil or military authority.
Kindilly reserves the right, at its sole discretion, to amend or modify this Agreement at any time. We will provide notification of material updates by posting the revised text within the Platform UI or sending an email notification to the primary administrative email on file. Your continued use of the Platform for more than fifteen (15) days following the date of publication constitutes your formal, binding acceptance of the updated Terms.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
This Agreement, together with our Privacy Policy, Cookie Policy, and any signed Order Forms, constitutes the entire legal understanding between you and Kindilly regarding the Platform.
No failure or delay by Kindilly in exercising any right under this Agreement shall constitute a waiver of that right.
