Terms of Service

These Terms of Service govern your access to and use of the Kindex mobile application, website, software, content, features, products, subscriptions, purchases, and related services. Kindex is operated by Soul Surferz, LLC.

By accessing, downloading, creating an account for, or using Kindex, you agree to these Terms and to the Privacy Policy. If you do not agree, do not use Kindex.

You may use Kindex only if you:

• Are at least 18 years old.
• Have the legal capacity to enter a binding agreement.
• May lawfully use dating and social services in your location.
• Are not barred from using Kindex under applicable law.
• Have not been suspended, removed, or banned from Kindex unless we authorize your return in writing.

By using Kindex, you represent that you meet these requirements. We may request age, identity, account, or eligibility verification at any time. We may deny, restrict, suspend, or terminate access if we cannot verify eligibility or if we believe your use creates risk.

You must provide accurate, current, and complete account information and keep it updated. You are responsible for your account, your login methods, and all activity under your account.

• Do not create an account for anyone other than yourself.
• Do not provide false age, identity, profile, relationship, location, or eligibility information.
• Do not sell, lease, transfer, share, or sublicense your account.
• Do not evade account restrictions, suspensions, bans, blocks, or technical limits.
• Tell us promptly if you believe your account has been compromised.

We may reclaim usernames, remove profiles, require account changes, or restrict account access where appropriate.

Kindex provides a platform for adults to create dating profiles, define preferences, receive curated introductions, make Pass or Connect decisions, match, message, and use related features. Kindex does not broker, supervise, guarantee, or control relationships, dates, meetings, communications, or offline conduct.

• You are solely responsible for your interactions with other users online and offline.
• You use Kindex and communicate with other users at your own risk.
• Any decision to meet, date, share contact information, exchange money, travel, or interact outside Kindex is your decision and your responsibility.
• Kindex is not an emergency service. If you are in danger, contact local emergency services.

Kindex is built around explicit preferences, safety gates, matching signals, and a limited Daily Deck. The standard Daily Deck is designed around five curated introductions when eligible inventory allows. If fewer eligible people are available, Kindex may show fewer cards rather than fill the deck with people outside hard boundaries.

Kindex may use automated systems, AI, machine learning, embeddings, ranking models, and human review to support matching, personalization, safety, verification, moderation, fraud prevention, support, and premium insight. Matching logic, model providers, feature availability, delivery timing, weights, labels, and explanations may change over time.

• Kindex does not guarantee that any card, match, message, Golden Envelope, profile, or recommendation will produce a response, date, relationship, or other outcome.
• Kindex may show fewer than five standard cards when hard eligibility gates, safety gates, low inventory, technical issues, or legal requirements require it.
• Kindex may update, pause, suppress, reorder, remove, or withhold deck contents where needed for safety, trust, legal compliance, product integrity, or technical reasons.
• Kindex does not write messages that impersonate you or pretend to be you.
• Internal matching signals are internal product data. You do not receive a right to inspect formulas, vectors, rankings, weights, or raw AI classifications except where applicable law requires access to personal information.

Kindex asks for direct preferences, including race and preferred race or races, because explicit boundaries are part of the Service. By providing preferences, profile content, messages, feedback, and other information, you authorize Kindex to process that information to operate, personalize, improve, moderate, and protect the Service as described in these Terms and the Privacy Policy.

You are responsible for the preferences and content you provide. Kindex may change, limit, remove, or decline to offer preference options, matching rules, or features in certain regions or contexts based on law, platform rules, safety, policy, or product integrity.

Kindex may offer or require profile review, photo moderation, live-selfie verification, liveness checks, face comparison, device-based checks, fraud detection, AI-assisted review, manual review, or other trust and safety features.

• Verification is designed to improve trust and reduce impersonation, but it is not a guarantee of identity, safety, authenticity, compatibility, intentions, truthfulness, or character.
• Verification is not a criminal background check, sex-offender registry check, financial screening, professional vetting, or endorsement by Kindex.
• We may deny, delay, revoke, repeat, or limit verification status at our discretion.
• Trust badges, verification status, visibility advantages, safety labels, and similar indicators may be changed, withheld, or removed at any time.

User Content means content or materials you upload, submit, send, display, record, create, or otherwise make available through Kindex, including photos, profile content, Prompted Moments, voice clips, text, transcripts, messages, feedback, reports, support submissions, and related metadata.

You retain ownership of your User Content, subject to the rights you grant here. By submitting User Content, you grant Kindex a worldwide, non-exclusive, sublicensable, transferable, royalty-free license to host, store, reproduce, process, adapt, display, transmit, distribute, moderate, review, analyze, create derived signals from, and otherwise use User Content for the following purposes:

• Operating, providing, personalizing, maintaining, and improving Kindex.
• Displaying your profile and content to other users where the Service calls for it.
• Facilitating matching, messaging, premium features, feedback, safety, and support.
• Creating internal matching signals, embeddings, summaries, metrics, quality signals, conversation-pattern signals, and related derived data.
• Moderating content, reviewing reports, preventing fraud, enforcing these Terms, and protecting users.
• Debugging, analytics, testing, product development, security, compliance, and legal obligations.

You represent and warrant that:

• You own or control the rights needed to provide your User Content.
• Your User Content is truthful and not misleading where it describes you, your identity, your status, or your intentions.
• Your User Content does not violate law, these Terms, another person's rights, or any applicable policy.
• Your User Content does not include private information, images, messages, likenesses, or recordings of another person unless you have the right to share them.

We may remove, restrict, refuse, edit, review, suppress, or disable User Content at any time to the extent permitted by law.

You agree not to, and not to help anyone else:

• Use Kindex for unlawful, deceptive, fraudulent, abusive, exploitative, harmful, commercial, or unauthorized purposes.
• Impersonate anyone or misrepresent your age, identity, relationship status, location, intentions, affiliations, or eligibility.
• Upload false, manipulated, stolen, misleading, nonconsensual, or deceptive photos, profile content, verification submissions, or messages.
• Harass, threaten, stalk, intimidate, exploit, extort, defame, shame, abuse, or target another person.
• Engage in hate, discrimination, fetishization, dehumanization, or conduct that reduces people to race, ethnicity, gender, sexuality, or other protected characteristics.
• Solicit money, gifts, investments, financial help, commercial transactions, escorting, sex work, illegal services, or off-platform schemes.
• Share another person's private information, contact information, images, messages, or recordings without authorization.
• Send spam, scams, phishing messages, chain messages, unwanted promotions, or mass outreach.
• Use bots, scripts, scrapers, crawlers, automation, data mining, reverse engineering, model extraction, or unauthorized third-party software.
• Interfere with, disrupt, overload, probe, scan, attack, bypass, or compromise Kindex, our systems, our security, or our providers.
• Circumvent bans, blocks, rate limits, geofences, eligibility gates, verification checks, safety controls, premium controls, or technical protections.
• Use Kindex to collect, infer, expose, sell, or misuse personal information about other users.
• Use Kindex in any way that harms users, Kindex, our reputation, our providers, or platform integrity.

Kindex may, but is not obligated to, monitor, review, scan, moderate, remove, restrict, or analyze accounts, profiles, photos, messages, actions, reports, transactions, devices, and activity for safety, quality, fraud prevention, legal compliance, policy enforcement, and product integrity.

We may use human review, automated tools, AI systems, third-party service providers, internal policies, and law-enforcement cooperation in connection with safety and enforcement.

• We may investigate suspected misconduct with or without notice.
• We may remove content, suppress visibility, block matching, pause delivery, restrict features, revoke premium access, suspend accounts, terminate accounts, retain safety records, or report conduct to appropriate authorities.
• We are not required to disclose internal investigation methods, report narratives, safety logic, enforcement details, or outcomes to any user.
• We may offer appeals for certain actions, but we are not obligated to offer an appeal in every case.
• Nothing in these Terms requires Kindex to screen all users, prevent all harm, monitor all content, or intervene in every dispute.

Kindex may offer paid subscriptions, entitlements, in-app purchases, premium features, consumables, or other paid services. Paid Services may include features such as Rosetta Stone, Kindex Mirror, Golden Envelope, Connection Extension, and Connection Resurrection.

By purchasing Paid Services, you agree that:

• You will pay all prices, taxes, fees, and charges shown at purchase.
• Subscriptions may automatically renew until canceled through the applicable app store, payment provider, or account setting.
• Billing, renewals, trials, cancellations, refunds, and payment disputes may be handled by Apple, Google, or another authorized payment provider under that provider's terms.
• Cancellation stops future renewals but does not retroactively cancel the current billing period.
• Except where required by law or app-store rules, purchases are final and non-refundable.
• We do not provide refunds or credits for partial billing periods, unused features, unused subscription time, account deletion, account suspension, safety enforcement, low inventory, declined interest, no response, or failed outcomes.
• We may change prices, packages, entitlements, limits, feature availability, and premium structures over time.

Premium does not buy hidden placement inside another user's standard Daily Deck, more standard Daily Deck cards, a forced match, eligibility bypass, safety bypass, or guaranteed visibility.

Golden Envelope is a premium costly signal where available. A Golden Envelope is not a standard Daily Deck card, not a sixth standard card, not a queue jump inside the standard deck, not an auction, and not a guarantee that the recipient will see, accept, respond, match, or continue a conversation.

• Golden Envelope must pass eligibility, mutual preference, verification, safety, blocking, moderation, product, and technical gates.
• A recipient may receive at most one eligible Golden Envelope arrival per day after completing the normal Daily Deck where the feature is available.
• If multiple Golden Envelopes are queued, Kindex may choose delivery using eligibility, safety, matching quality, freshness, waiting time, and product logic. Purchase amount does not create highest-payer priority.
• If a Golden Envelope is sent, declined, expires, becomes ineligible, is blocked, is suppressed for safety, or does not produce a match or response, you may lose the token or purchase except where law or app-store rules require otherwise.
• A deliverable Golden Envelope may remain queued until the recipient reaches an eligible post-deck moment. No specific delivery window is guaranteed.

Kindex may rely on or integrate with third-party services, including app stores, payment processors, subscription providers, hosting providers, database providers, authentication providers, analytics providers, AI providers, verification vendors, moderation tools, notification providers, customer support tools, and security vendors.

Third-party services may be subject to their own terms and privacy policies. We are not responsible for third-party services, content, products, outages, security incidents, decisions, refunds, or policies except where applicable law says otherwise.

Kindex, including its software, code, designs, text, graphics, interfaces, trademarks, logos, branding, features, content, compilation, selection, arrangement, data structures, and technology other than User Content, is owned by Kindex, Soul Surferz, LLC, or our licensors and is protected by intellectual property and other laws.

Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use Kindex for your personal, non-commercial use through the interfaces we provide.

You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, extract, scrape, reproduce, exploit, or create derivative works from any part of Kindex unless we expressly authorize it in writing or applicable law requires otherwise.

If you send ideas, feedback, suggestions, bug reports, ratings, complaints, improvements, concepts, or other comments about Kindex, you grant us the right to use, disclose, reproduce, modify, license, distribute, and exploit that feedback without restriction or compensation to you.

To the maximum extent permitted by law, Kindex is provided on an as is, as available, and with all faults basis. We disclaim all warranties, express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, availability, and course of dealing.

We do not warrant that:

• Kindex will be uninterrupted, secure, timely, accurate, error-free, or available in any specific location.
• Kindex will meet your expectations or produce any particular relationship, date, match, message, response, or outcome.
• Any user is truthful, authentic, compatible, safe, available, interested, verified, or acting in good faith.
• Verification, moderation, reporting, AI, matching, fraud-detection, or safety tools will detect or prevent every false account, bad actor, harmful interaction, or policy violation.
• Any profile, card, whisper, insight, badge, score, signal, recommendation, or premium feature is complete, accurate, or suitable for your purposes.

To the maximum extent permitted by law, Kindex, Soul Surferz, LLC, and our affiliates, owners, officers, directors, managers, employees, contractors, agents, licensors, service providers, and partners will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or for loss of profits, revenues, goodwill, data, opportunity, reputation, or emotional distress, arising out of or related to:

• Your access to or use of Kindex.
• Your inability to access or use Kindex.
• User Content or user conduct.
• Matching, messaging, verification, moderation, safety, premium, AI, or recommendation features.
• Any online or offline interaction, meeting, relationship, dispute, injury, loss, or harm involving another user or third party.
• Third-party services, payment providers, app stores, outages, errors, or security incidents.

To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or related to Kindex or these Terms will not exceed the greater of the amount you paid to Kindex in the twelve months before the event giving rise to the claim or one hundred U.S. dollars. Some jurisdictions do not allow certain limitations, so some of this section may not apply to you.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Kindex, Soul Surferz, LLC, and our affiliates, owners, officers, directors, managers, employees, contractors, agents, licensors, service providers, and partners from and against claims, demands, actions, liabilities, damages, judgments, awards, losses, costs, expenses, and fees, including reasonable attorneys' fees, arising out of or related to:

• Your use of Kindex.
• Your User Content.
• Your interactions with other users or third parties.
• Your violation of these Terms or any policy.
• Your violation of law or another person's rights.
• Your fraud, misconduct, negligence, or misuse of the Service.

We may investigate, suspend, restrict, deactivate, or terminate your account or access to all or part of Kindex at any time, with or without notice, for any reason or no reason, to the extent permitted by law, including if:

• You violate these Terms or any policy.
• We believe you create risk, possible legal exposure, or harm for Kindex, users, or third parties.
• We suspect fraud, deception, abuse, unsafe conduct, unauthorized activity, or platform manipulation.
• We cannot verify information you provide.
• We discontinue, change, or restrict the Service or a feature.

You may stop using Kindex at any time. Termination does not relieve you of obligations incurred before termination. Sections that by their nature should survive termination will survive, including content licenses, payment obligations, disclaimers, limitations of liability, indemnification, dispute resolution, and general terms.

Please read this section carefully. It affects your legal rights.

To the maximum extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or Kindex will be resolved through final and binding individual arbitration rather than in court, except that either party may bring an individual claim in small claims court if eligible.

• Arbitration will be conducted on an individual basis only.
• Neither party may participate in a class action, class arbitration, coordinated action, mass arbitration, private attorney general action, or representative proceeding.
• The arbitrator may award relief only on an individual basis.
• Nothing in this section prevents either party from seeking injunctive or equitable relief for misuse of intellectual property, unauthorized access, security abuse, or other claims where such relief is appropriate.

If this arbitration provision is found unenforceable as to any claim, that claim will be resolved exclusively in the state or federal courts located in Delaware, and you consent to that jurisdiction and venue, except where applicable law requires otherwise.

If you download or access Kindex through Apple's App Store, Google Play, or another platform, you agree to comply with the applicable platform terms and usage rules. These Terms are between you and Kindex, not Apple, Google, or any other platform provider.

• The platform provider is not responsible for Kindex or its content.
• The platform provider has no obligation to provide maintenance or support services for Kindex except where applicable law requires otherwise.
• In the event of any failure of Kindex to conform to an applicable warranty, you may notify the applicable platform provider, and that provider may refund the purchase price, if any, according to its policies. To the maximum extent permitted by law, the platform provider will have no other warranty obligation for Kindex.
• The platform provider is a third-party beneficiary of these Terms to the extent applicable and may enforce these Terms against you in that capacity.

To the extent required by Apple, and unless Kindex provides a valid custom license agreement, the application is licensed to you under Apple's Standard End User License Agreement, available here: Apple Standard EULA.

If there is a conflict between Apple's Standard EULA and these Terms, these Terms control between you and Kindex to the extent permitted by applicable law.

We may update, modify, suspend, or discontinue Kindex, in whole or in part, at any time. We may also revise these Terms from time to time. If we make material changes, we may notify you by posting updated Terms, updating the date above, through the Service, or by other reasonable means.

Your continued use of Kindex after updated Terms become effective means you accept the updated Terms. If you do not agree to updated Terms, you must stop using Kindex.

• These Terms and the Privacy Policy are the entire agreement between you and Kindex regarding the Service.
• If any provision is held invalid, illegal, or unenforceable, the remaining provisions remain in effect.
• Our failure to enforce a provision is not a waiver of our right to enforce it later.
• We may assign or transfer these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law. You may not assign or transfer these Terms without our written consent.
• No agency, partnership, joint venture, employment, fiduciary, or special relationship is created by these Terms or your use of Kindex.
• You may not use, export, re-export, or transfer Kindex except as authorized by United States law and the laws of the jurisdiction where Kindex was obtained or used.

Questions about these Terms can be sent to support@soulsurferz.co.

Your privacy rights and data practices are described in the Privacy Policy.

By using Kindex, you acknowledge that you have read, understood, and agree to these Terms.