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KINTELLE TERMS & CONDITIONS
Version 1.1 - April 15, 2025
1. INTRODUCTION AND ACCEPTANCE
These Terms and Conditions ("Agreement") govern your access to and use of the Kintelle website, mobile applications, and associated services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by this Agreement. If you do not agree to these terms, you may not use the Platform.
When we use the terms "Kintelle," "we," "us," or "our," we refer to the legal entities that own and operate the Platform, including the Platform operator and its affiliated entities.
2. ELIGIBILITY AND USER RESTRICTIONS
You must be at least 18 years old to access or use the Platform. The Platform is not intended for individuals under the age of 18, and we do not knowingly allow access or collect information from such individuals. By using the Platform, you represent and warrant that you meet the eligibility requirements and have the capacity to enter into this legally binding Agreement.
3. PLATFORM SCOPE AND OWNERSHIP
The Platform may be provided through various websites, mobile applications, or digital tools designed to assist users with fertility treatment financial planning, document management, and related services. All content and intellectual property on the Platform, including but not limited to text, images, graphics, software, logos, user interfaces, audio and video clips, digital downloads, data compilations, and underlying code, is owned by or licensed to Kintelle and is protected by copyright, trademark, patent, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, transmit, scrape, harvest, collect, extract, index, copy, or exploit any part of the Platform without prior written consent from Kintelle. The systematic retrieval of data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory is strictly prohibited. Unauthorized use of the Platform may violate intellectual property laws, anti-scraping laws, computer fraud and abuse laws, and other applicable regulations.
4. NO MEDICAL, LEGAL, OR FINANCIAL ADVICE
4.1 Not a Substitute for Professional Advice
The Platform is designed to offer general information related to fertility treatment financial planning. It does not provide medical, legal, financial, tax, or psychological advice and should not be relied upon as such. The information provided is for informational and educational purposes only.
4.2 Consult Professionals
You should consult appropriate licensed professionals, including but not limited to healthcare providers, financial advisors, attorneys, and insurance professionals, for specific advice tailored to your situation. Do not delay seeking, disregard, or discontinue professional medical advice or treatment because of content you have seen on the Platform.
4.3 Financial Estimates
Any financial projections, estimates, or calculations provided through the Platform are based on the information supplied and general assumptions. Actual costs, insurance coverage, and financial responsibilities may differ significantly. All financial information should be independently verified with your healthcare providers, insurance company, and financial advisors.
5. USER CONDUCT AND PROHIBITED USES
You agree not to:
a) Violate any applicable laws, regulations, or third-party rights;
b) Use the Platform for unlawful, harmful, fraudulent, or deceptive purposes;
c) Upload or distribute malicious software, spam, or harmful content;
d) Access or attempt to access other users' accounts or confidential areas of the Platform without authorization;
e) Interfere with or disrupt the Platform or servers or networks connected to the Platform;
f) Attempt to probe, scan, or test the vulnerability of the Platform or any associated system or network, or breach security or authentication measures;
g) Harvest, collect, or gather user data without permission;
h) Impersonate another person or misrepresent your affiliation with any person or entity;
i) Use the Platform in any manner that could disable, overburden, damage, or impair the Platform;
j) Use any robot, spider, crawler, scraper, data mining tools, automated script, or other automatic device, process, browser extension, or means to access, copy, monitor, extract data from, scrape, index, or catalog any portion of the Platform or its content;
k) Circumvent or attempt to circumvent any technological measure implemented by Kintelle to protect the Platform, including access controls, rate limitations, or usage restrictions;
l) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
m) Decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code or underlying ideas, algorithms, structure, or organization of the Platform;
6. INTELLECTUAL PROPERTY AND LICENSE
6.0 Technical Protection Measures
Kintelle implements various technical measures to protect its Platform from unauthorized access, copying, and scraping. These measures may include, but are not limited to, rate limiting, access controls, monitoring systems, and data protection technologies. Any attempt to circumvent, disable, or otherwise interfere with these security features is strictly prohibited and may result in civil and criminal liability.
6.1 License Grant
Subject to your compliance with this Agreement, Kintelle grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for your personal, non-commercial use only. All rights not expressly granted herein are reserved by Kintelle.
6.2 Trademarks
KINTELLE, the Kintelle logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Kintelle or its affiliates or licensors. You may not use these marks without the prior written permission of Kintelle. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
6.3 User Feedback
If you provide any feedback, ideas, suggestions, or recommendations regarding the Platform ("Feedback"), you hereby grant Kintelle an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such Feedback in any way and for any purpose without compensation to you.
7. USER DATA AND CONTENT
7.1 Your Data
You retain ownership of any personal data, health information, or other content that you upload, submit, or provide to the Platform ("User Content"). However, by uploading or submitting User Content, you grant Kintelle a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content for the purposes of providing and improving the Platform and its services.
7.2 Data Security and Privacy
Your use of the Platform and our collection, use, and disclosure of your information is subject to our Privacy Policy, which is incorporated by reference into this Agreement.
7.3 Protected Health Information
If you submit protected health information ("PHI") as defined under the Health Insurance Portability and Accountability Act ("HIPAA"), our use of such information will be governed by our HIPAA policies and applicable Business Associate Agreements where relevant. You represent and warrant that you have all necessary rights, consents, and authorizations to share any PHI you provide to the Platform, and you agree to indemnify and hold harmless Kintelle for any claims arising from your provision of such information in violation of applicable law.
8. THIRD-PARTY CONTENT AND LINKS
The Platform may contain content provided by third parties or links to third-party websites, applications, or services. These third-party sites and content are not owned, controlled, or operated by Kintelle. Kintelle does not control, endorse, sponsor, recommend, or otherwise accept responsibility for such third-party content, websites, or services. Your use of third-party content and links is at your own risk, and you should review the applicable terms and policies of such third parties.
9. DISCLAIMERS AND NO WARRANTIES
9.1 "As Is" and "As Available"
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KINTELLE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS.
9.2 No Guarantee of Service
KINTELLE DOES NOT GUARANTEE THAT THE PLATFORM WILL BE ERROR-FREE, SECURE, UNINTERRUPTED, OR AVAILABLE AT ALL TIMES. THE PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF INTERNET AND ELECTRONIC COMMUNICATIONS. KINTELLE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.
9.3 Financial and Healthcare Information
KINTELLE DOES NOT WARRANT OR GUARANTEE THE ACCURACY OF ANY FINANCIAL PROJECTIONS, INSURANCE COVERAGE INFORMATION, OR HEALTHCARE COST ESTIMATES. ACTUAL COSTS, COVERAGE, AND BENEFITS MAY VARY SIGNIFICANTLY.
10. LIMITATION OF LIABILITY
10.1 Types of Damages Excluded
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KINTELLE, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM OR ANY CONTENT THEREON, EVEN IF KINTELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 Cap on Liability
IN NO EVENT SHALL KINTELLE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO KINTELLE, IF ANY, DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
10.3 Exclusions
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Kintelle, its affiliates, and their respective directors, officers, employees, agents, partners, suppliers, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your violation of this Agreement; (c) your User Content; (d) your violation of any third-party rights, including without limitation any intellectual property rights, publicity, confidentiality, property, or privacy rights; or (e) any claim that your User Content caused damage to a third party.
12. EXPORT CONTROLS
You may not use or export the Platform or any content therein in violation of U.S. export laws and regulations or any other applicable export laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
13. BINDING ARBITRATION AND CLASS ACTION WAIVER
13.1 Agreement to Arbitrate
ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION IN NEW YORK, NEW YORK BEFORE A SINGLE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.
13.2 Class Action Waiver
YOU AND KINTELLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Kintelle agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
13.3 Exceptions
Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This arbitration provision also does not preclude you from participating in agency proceedings.
13.4 Opt-Out Right
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to legal@kintelle.com within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name, address, and clear statement that you want to opt out of this Arbitration Agreement.
13.5 Small Claims Court
Notwithstanding the foregoing, either you or Kintelle may bring an individual action in small claims court.
14. MODIFICATIONS, SUSPENSION, AND TERMINATION
14.1 Modifications to the Agreement
Kintelle reserves the right to modify, amend, or update this Agreement at any time in its sole discretion. If we make material changes to this Agreement, we will notify you by posting the updated Agreement on the Platform and/or by other appropriate means. Your continued use of the Platform after the effective date of the revised Agreement constitutes your acceptance of the changes.
14.2 Modifications to the Platform
Kintelle reserves the right to modify, suspend, or discontinue the Platform or any part thereof at any time, with or without notice. Kintelle shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Platform.
14.3 Termination
Kintelle may terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, if Kintelle believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon termination, your right to use the Platform will immediately cease, and you shall destroy all copies of information that you have obtained from the Platform.
15. ENTIRE AGREEMENT AND SEVERABILITY
15.1 Entire Agreement
This Agreement, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Kintelle on the Platform, constitutes the entire agreement between you and Kintelle concerning your use of the Platform.
15.2 Severability
If any provision of this Agreement is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and such provision shall be deleted without affecting the remaining provisions herein.
15.3 Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Kintelle's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
16. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any legal action, suit, or proceeding arising out of or relating to this Agreement or your use of the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in New York County, New York, and you irrevocably submit to the personal jurisdiction of such courts in any such action, suit, or proceeding. Notwithstanding the foregoing, Kintelle may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
17. NOTICE AND COMMUNICATIONS
17.1 Electronic Communications
By using the Platform, you consent to receive communications from Kintelle electronically. We may communicate with you by email or by posting notices on the Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
17.2 Contact Information
For questions or concerns regarding this Agreement or the Platform, please contact us at:
Email: hello@kintelle.com Subject: Terms and Conditions Inquiry
18. SURVIVAL
The provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, class action waiver, arbitration, and governing law.
19. ADDITIONAL PLATFORM PROTECTION MEASURES
19.1 Anti-Scraping and Data Protection
The Platform contains valuable proprietary content, data, and information. In addition to the prohibitions set forth elsewhere in this Agreement:
a) You agree not to use or deploy any software, device, script, robot, or other automated means, method, or process (including but not limited to scraping tools, browser plugins, spiders, crawlers, web harvesting tools, or any other technology or manual process) to access, monitor, copy, extract, collect, harvest, compile, analyze, store, or index any content or data from the Platform;
b) You agree not to engage in any activity that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, content, systems, or other properties or services of Kintelle;
c) You agree not to bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by Kintelle to protect the Platform or restrict your use of the Platform (including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform or the content therein);
d) You agree not to create any derivative works or materials that incorporate or are derived from any content from the Platform, including but not limited to databases, indexes, archives, or comparable resources;
e) You agree not to deep-link to any portion of the Platform for any purpose without our express written permission;
f) You agree not to mirror or replicate any part of the Platform;
g) You agree not to cause, instruct, or allow others to do any of the foregoing.
19.2 Rate Limitations and Access Controls
Kintelle may utilize rate limiting, CAPTCHA verification, browser fingerprinting, IP-based restrictions, and other technical measures to prevent abusive or excessive use of the Platform. You agree not to attempt to circumvent these measures. Kintelle reserves the right to temporarily or permanently block access from any user, address, system, or location that it reasonably believes may be attempting to breach these restrictions.
19.3 Proprietary Data and Algorithms
The data structures, organization, algorithms, taxonomy, design, analytics, processes, methodologies, and technological approaches underlying and utilized by the Platform constitute Kintelle's valuable intellectual property and trade secrets. You agree not to reverse engineer, decompile, disassemble, attempt to derive the source code of, or decrypt the Platform or any of its components.
19.4 Digital Forensics and Evidence Preservation
Kintelle maintains advanced logging systems, digital forensic capabilities, and evidence preservation protocols. In the event of any unauthorized access, scraping, system breach, or violation of this Agreement, Kintelle will preserve all relevant access logs, IP information, browser fingerprints, and other digital evidence for use in administrative, civil, or criminal proceedings.
19.5 Legal Remedies and Liquidated Damages
You acknowledge that unauthorized scraping, data extraction, or automated access to the Platform may cause irreparable harm to Kintelle for which monetary damages may be difficult to ascertain. In addition to any other remedies available at law or in equity, you agree that in the event you engage in such prohibited activities, Kintelle may seek injunctive relief and you shall be liable for actual damages, attorneys' fees, and costs. Further, you agree that any systematic extraction, scraping, or unauthorized access to Platform data constitutes a material breach of this Agreement and damages to Kintelle of at least $5,000 per day such activity occurs.
20. REGULATORY COMPLIANCE AND REPRESENTATIONS
20.1 Healthcare Regulatory Compliance
The Platform and its content are designed to comply with applicable healthcare regulations, including HIPAA where applicable. However, regulatory compliance in healthcare is complex and continually evolving. You acknowledge that:
a) Kintelle may modify the Platform or its practices to maintain compliance with changes in applicable laws and regulations;
b) You will use the Platform in compliance with all applicable laws, regulations, and ethical standards governing healthcare and financial services;
c) You will not use the Platform in any manner that could jeopardize compliance with applicable regulations or create liability for Kintelle.
20.2 Financial Estimates and Projections
Any financial estimates, projections, or calculations provided through the Platform are based on the information you provide and general assumptions. You acknowledge that:
a) Actual costs, insurance coverage, benefits, and financial outcomes may differ substantially from any estimates or projections;
b) Financial information provided through the Platform is not a guarantee of costs, coverage, or payment;
c) You should independently verify all financial information with your healthcare providers, insurance companies, and financial advisors before making any financial decisions.
20.3 Data Rights and Portability
In accordance with applicable laws and regulations regarding data portability and access:
a) You have the right to request a copy of your personal information in a structured, commonly used, and machine-readable format;
b) You may request that we transmit your personal information directly to another data controller where technically feasible;
c) These rights may be limited in certain circumstances as permitted by law, including where the rights of other individuals would be violated or where the request is manifestly unfounded or excessive.
20.4 Cross-Border Data Transfers
If your personal information is transferred outside your country of residence, such transfers will be made in compliance with applicable data protection laws, which may include:
a) Standard contractual clauses approved by relevant regulatory authorities;
b) Binding corporate rules or other legally approved transfer mechanisms;
c) Transfers to countries deemed to provide adequate protection for personal data.
You acknowledge that by using the Platform, your personal information may be processed in countries that may have different data protection standards than your country of residence.
KINTELLE TERMS & CONDITIONS
Version 1.1 - April 15, 2025
1. INTRODUCTION AND ACCEPTANCE
These Terms and Conditions ("Agreement") govern your access to and use of the Kintelle website, mobile applications, and associated services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by this Agreement. If you do not agree to these terms, you may not use the Platform.
When we use the terms "Kintelle," "we," "us," or "our," we refer to the legal entities that own and operate the Platform, including the Platform operator and its affiliated entities.
2. ELIGIBILITY AND USER RESTRICTIONS
You must be at least 18 years old to access or use the Platform. The Platform is not intended for individuals under the age of 18, and we do not knowingly allow access or collect information from such individuals. By using the Platform, you represent and warrant that you meet the eligibility requirements and have the capacity to enter into this legally binding Agreement.
3. PLATFORM SCOPE AND OWNERSHIP
The Platform may be provided through various websites, mobile applications, or digital tools designed to assist users with fertility treatment financial planning, document management, and related services. All content and intellectual property on the Platform, including but not limited to text, images, graphics, software, logos, user interfaces, audio and video clips, digital downloads, data compilations, and underlying code, is owned by or licensed to Kintelle and is protected by copyright, trademark, patent, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, transmit, scrape, harvest, collect, extract, index, copy, or exploit any part of the Platform without prior written consent from Kintelle. The systematic retrieval of data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory is strictly prohibited. Unauthorized use of the Platform may violate intellectual property laws, anti-scraping laws, computer fraud and abuse laws, and other applicable regulations.
4. NO MEDICAL, LEGAL, OR FINANCIAL ADVICE
4.1 Not a Substitute for Professional Advice
The Platform is designed to offer general information related to fertility treatment financial planning. It does not provide medical, legal, financial, tax, or psychological advice and should not be relied upon as such. The information provided is for informational and educational purposes only.
4.2 Consult Professionals
You should consult appropriate licensed professionals, including but not limited to healthcare providers, financial advisors, attorneys, and insurance professionals, for specific advice tailored to your situation. Do not delay seeking, disregard, or discontinue professional medical advice or treatment because of content you have seen on the Platform.
4.3 Financial Estimates
Any financial projections, estimates, or calculations provided through the Platform are based on the information supplied and general assumptions. Actual costs, insurance coverage, and financial responsibilities may differ significantly. All financial information should be independently verified with your healthcare providers, insurance company, and financial advisors.
5. USER CONDUCT AND PROHIBITED USES
You agree not to:
a) Violate any applicable laws, regulations, or third-party rights;
b) Use the Platform for unlawful, harmful, fraudulent, or deceptive purposes;
c) Upload or distribute malicious software, spam, or harmful content;
d) Access or attempt to access other users' accounts or confidential areas of the Platform without authorization;
e) Interfere with or disrupt the Platform or servers or networks connected to the Platform;
f) Attempt to probe, scan, or test the vulnerability of the Platform or any associated system or network, or breach security or authentication measures;
g) Harvest, collect, or gather user data without permission;
h) Impersonate another person or misrepresent your affiliation with any person or entity;
i) Use the Platform in any manner that could disable, overburden, damage, or impair the Platform;
j) Use any robot, spider, crawler, scraper, data mining tools, automated script, or other automatic device, process, browser extension, or means to access, copy, monitor, extract data from, scrape, index, or catalog any portion of the Platform or its content;
k) Circumvent or attempt to circumvent any technological measure implemented by Kintelle to protect the Platform, including access controls, rate limitations, or usage restrictions;
l) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
m) Decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code or underlying ideas, algorithms, structure, or organization of the Platform;
6. INTELLECTUAL PROPERTY AND LICENSE
6.0 Technical Protection Measures
Kintelle implements various technical measures to protect its Platform from unauthorized access, copying, and scraping. These measures may include, but are not limited to, rate limiting, access controls, monitoring systems, and data protection technologies. Any attempt to circumvent, disable, or otherwise interfere with these security features is strictly prohibited and may result in civil and criminal liability.
6.1 License Grant
Subject to your compliance with this Agreement, Kintelle grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for your personal, non-commercial use only. All rights not expressly granted herein are reserved by Kintelle.
6.2 Trademarks
KINTELLE, the Kintelle logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Kintelle or its affiliates or licensors. You may not use these marks without the prior written permission of Kintelle. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
6.3 User Feedback
If you provide any feedback, ideas, suggestions, or recommendations regarding the Platform ("Feedback"), you hereby grant Kintelle an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such Feedback in any way and for any purpose without compensation to you.
7. USER DATA AND CONTENT
7.1 Your Data
You retain ownership of any personal data, health information, or other content that you upload, submit, or provide to the Platform ("User Content"). However, by uploading or submitting User Content, you grant Kintelle a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content for the purposes of providing and improving the Platform and its services.
7.2 Data Security and Privacy
Your use of the Platform and our collection, use, and disclosure of your information is subject to our Privacy Policy, which is incorporated by reference into this Agreement.
7.3 Protected Health Information
If you submit protected health information ("PHI") as defined under the Health Insurance Portability and Accountability Act ("HIPAA"), our use of such information will be governed by our HIPAA policies and applicable Business Associate Agreements where relevant. You represent and warrant that you have all necessary rights, consents, and authorizations to share any PHI you provide to the Platform, and you agree to indemnify and hold harmless Kintelle for any claims arising from your provision of such information in violation of applicable law.
8. THIRD-PARTY CONTENT AND LINKS
The Platform may contain content provided by third parties or links to third-party websites, applications, or services. These third-party sites and content are not owned, controlled, or operated by Kintelle. Kintelle does not control, endorse, sponsor, recommend, or otherwise accept responsibility for such third-party content, websites, or services. Your use of third-party content and links is at your own risk, and you should review the applicable terms and policies of such third parties.
9. DISCLAIMERS AND NO WARRANTIES
9.1 "As Is" and "As Available"
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KINTELLE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS.
9.2 No Guarantee of Service
KINTELLE DOES NOT GUARANTEE THAT THE PLATFORM WILL BE ERROR-FREE, SECURE, UNINTERRUPTED, OR AVAILABLE AT ALL TIMES. THE PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF INTERNET AND ELECTRONIC COMMUNICATIONS. KINTELLE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.
9.3 Financial and Healthcare Information
KINTELLE DOES NOT WARRANT OR GUARANTEE THE ACCURACY OF ANY FINANCIAL PROJECTIONS, INSURANCE COVERAGE INFORMATION, OR HEALTHCARE COST ESTIMATES. ACTUAL COSTS, COVERAGE, AND BENEFITS MAY VARY SIGNIFICANTLY.
10. LIMITATION OF LIABILITY
10.1 Types of Damages Excluded
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KINTELLE, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM OR ANY CONTENT THEREON, EVEN IF KINTELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 Cap on Liability
IN NO EVENT SHALL KINTELLE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO KINTELLE, IF ANY, DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
10.3 Exclusions
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Kintelle, its affiliates, and their respective directors, officers, employees, agents, partners, suppliers, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your violation of this Agreement; (c) your User Content; (d) your violation of any third-party rights, including without limitation any intellectual property rights, publicity, confidentiality, property, or privacy rights; or (e) any claim that your User Content caused damage to a third party.
12. EXPORT CONTROLS
You may not use or export the Platform or any content therein in violation of U.S. export laws and regulations or any other applicable export laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
13. BINDING ARBITRATION AND CLASS ACTION WAIVER
13.1 Agreement to Arbitrate
ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION IN NEW YORK, NEW YORK BEFORE A SINGLE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.
13.2 Class Action Waiver
YOU AND KINTELLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Kintelle agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
13.3 Exceptions
Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This arbitration provision also does not preclude you from participating in agency proceedings.
13.4 Opt-Out Right
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to legal@kintelle.com within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name, address, and clear statement that you want to opt out of this Arbitration Agreement.
13.5 Small Claims Court
Notwithstanding the foregoing, either you or Kintelle may bring an individual action in small claims court.
14. MODIFICATIONS, SUSPENSION, AND TERMINATION
14.1 Modifications to the Agreement
Kintelle reserves the right to modify, amend, or update this Agreement at any time in its sole discretion. If we make material changes to this Agreement, we will notify you by posting the updated Agreement on the Platform and/or by other appropriate means. Your continued use of the Platform after the effective date of the revised Agreement constitutes your acceptance of the changes.
14.2 Modifications to the Platform
Kintelle reserves the right to modify, suspend, or discontinue the Platform or any part thereof at any time, with or without notice. Kintelle shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Platform.
14.3 Termination
Kintelle may terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, if Kintelle believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon termination, your right to use the Platform will immediately cease, and you shall destroy all copies of information that you have obtained from the Platform.
15. ENTIRE AGREEMENT AND SEVERABILITY
15.1 Entire Agreement
This Agreement, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Kintelle on the Platform, constitutes the entire agreement between you and Kintelle concerning your use of the Platform.
15.2 Severability
If any provision of this Agreement is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and such provision shall be deleted without affecting the remaining provisions herein.
15.3 Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Kintelle's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
16. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any legal action, suit, or proceeding arising out of or relating to this Agreement or your use of the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in New York County, New York, and you irrevocably submit to the personal jurisdiction of such courts in any such action, suit, or proceeding. Notwithstanding the foregoing, Kintelle may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
17. NOTICE AND COMMUNICATIONS
17.1 Electronic Communications
By using the Platform, you consent to receive communications from Kintelle electronically. We may communicate with you by email or by posting notices on the Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
17.2 Contact Information
For questions or concerns regarding this Agreement or the Platform, please contact us at:
Email: hello@kintelle.com Subject: Terms and Conditions Inquiry
18. SURVIVAL
The provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, class action waiver, arbitration, and governing law.
19. ADDITIONAL PLATFORM PROTECTION MEASURES
19.1 Anti-Scraping and Data Protection
The Platform contains valuable proprietary content, data, and information. In addition to the prohibitions set forth elsewhere in this Agreement:
a) You agree not to use or deploy any software, device, script, robot, or other automated means, method, or process (including but not limited to scraping tools, browser plugins, spiders, crawlers, web harvesting tools, or any other technology or manual process) to access, monitor, copy, extract, collect, harvest, compile, analyze, store, or index any content or data from the Platform;
b) You agree not to engage in any activity that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, content, systems, or other properties or services of Kintelle;
c) You agree not to bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by Kintelle to protect the Platform or restrict your use of the Platform (including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform or the content therein);
d) You agree not to create any derivative works or materials that incorporate or are derived from any content from the Platform, including but not limited to databases, indexes, archives, or comparable resources;
e) You agree not to deep-link to any portion of the Platform for any purpose without our express written permission;
f) You agree not to mirror or replicate any part of the Platform;
g) You agree not to cause, instruct, or allow others to do any of the foregoing.
19.2 Rate Limitations and Access Controls
Kintelle may utilize rate limiting, CAPTCHA verification, browser fingerprinting, IP-based restrictions, and other technical measures to prevent abusive or excessive use of the Platform. You agree not to attempt to circumvent these measures. Kintelle reserves the right to temporarily or permanently block access from any user, address, system, or location that it reasonably believes may be attempting to breach these restrictions.
19.3 Proprietary Data and Algorithms
The data structures, organization, algorithms, taxonomy, design, analytics, processes, methodologies, and technological approaches underlying and utilized by the Platform constitute Kintelle's valuable intellectual property and trade secrets. You agree not to reverse engineer, decompile, disassemble, attempt to derive the source code of, or decrypt the Platform or any of its components.
19.4 Digital Forensics and Evidence Preservation
Kintelle maintains advanced logging systems, digital forensic capabilities, and evidence preservation protocols. In the event of any unauthorized access, scraping, system breach, or violation of this Agreement, Kintelle will preserve all relevant access logs, IP information, browser fingerprints, and other digital evidence for use in administrative, civil, or criminal proceedings.
19.5 Legal Remedies and Liquidated Damages
You acknowledge that unauthorized scraping, data extraction, or automated access to the Platform may cause irreparable harm to Kintelle for which monetary damages may be difficult to ascertain. In addition to any other remedies available at law or in equity, you agree that in the event you engage in such prohibited activities, Kintelle may seek injunctive relief and you shall be liable for actual damages, attorneys' fees, and costs. Further, you agree that any systematic extraction, scraping, or unauthorized access to Platform data constitutes a material breach of this Agreement and damages to Kintelle of at least $5,000 per day such activity occurs.
20. REGULATORY COMPLIANCE AND REPRESENTATIONS
20.1 Healthcare Regulatory Compliance
The Platform and its content are designed to comply with applicable healthcare regulations, including HIPAA where applicable. However, regulatory compliance in healthcare is complex and continually evolving. You acknowledge that:
a) Kintelle may modify the Platform or its practices to maintain compliance with changes in applicable laws and regulations;
b) You will use the Platform in compliance with all applicable laws, regulations, and ethical standards governing healthcare and financial services;
c) You will not use the Platform in any manner that could jeopardize compliance with applicable regulations or create liability for Kintelle.
20.2 Financial Estimates and Projections
Any financial estimates, projections, or calculations provided through the Platform are based on the information you provide and general assumptions. You acknowledge that:
a) Actual costs, insurance coverage, benefits, and financial outcomes may differ substantially from any estimates or projections;
b) Financial information provided through the Platform is not a guarantee of costs, coverage, or payment;
c) You should independently verify all financial information with your healthcare providers, insurance companies, and financial advisors before making any financial decisions.
20.3 Data Rights and Portability
In accordance with applicable laws and regulations regarding data portability and access:
a) You have the right to request a copy of your personal information in a structured, commonly used, and machine-readable format;
b) You may request that we transmit your personal information directly to another data controller where technically feasible;
c) These rights may be limited in certain circumstances as permitted by law, including where the rights of other individuals would be violated or where the request is manifestly unfounded or excessive.
20.4 Cross-Border Data Transfers
If your personal information is transferred outside your country of residence, such transfers will be made in compliance with applicable data protection laws, which may include:
a) Standard contractual clauses approved by relevant regulatory authorities;
b) Binding corporate rules or other legally approved transfer mechanisms;
c) Transfers to countries deemed to provide adequate protection for personal data.
You acknowledge that by using the Platform, your personal information may be processed in countries that may have different data protection standards than your country of residence.
KINTELLE TERMS & CONDITIONS
Version 1.1 - April 15, 2025
1. INTRODUCTION AND ACCEPTANCE
These Terms and Conditions ("Agreement") govern your access to and use of the Kintelle website, mobile applications, and associated services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by this Agreement. If you do not agree to these terms, you may not use the Platform.
When we use the terms "Kintelle," "we," "us," or "our," we refer to the legal entities that own and operate the Platform, including the Platform operator and its affiliated entities.
2. ELIGIBILITY AND USER RESTRICTIONS
You must be at least 18 years old to access or use the Platform. The Platform is not intended for individuals under the age of 18, and we do not knowingly allow access or collect information from such individuals. By using the Platform, you represent and warrant that you meet the eligibility requirements and have the capacity to enter into this legally binding Agreement.
3. PLATFORM SCOPE AND OWNERSHIP
The Platform may be provided through various websites, mobile applications, or digital tools designed to assist users with fertility treatment financial planning, document management, and related services. All content and intellectual property on the Platform, including but not limited to text, images, graphics, software, logos, user interfaces, audio and video clips, digital downloads, data compilations, and underlying code, is owned by or licensed to Kintelle and is protected by copyright, trademark, patent, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, transmit, scrape, harvest, collect, extract, index, copy, or exploit any part of the Platform without prior written consent from Kintelle. The systematic retrieval of data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory is strictly prohibited. Unauthorized use of the Platform may violate intellectual property laws, anti-scraping laws, computer fraud and abuse laws, and other applicable regulations.
4. NO MEDICAL, LEGAL, OR FINANCIAL ADVICE
4.1 Not a Substitute for Professional Advice
The Platform is designed to offer general information related to fertility treatment financial planning. It does not provide medical, legal, financial, tax, or psychological advice and should not be relied upon as such. The information provided is for informational and educational purposes only.
4.2 Consult Professionals
You should consult appropriate licensed professionals, including but not limited to healthcare providers, financial advisors, attorneys, and insurance professionals, for specific advice tailored to your situation. Do not delay seeking, disregard, or discontinue professional medical advice or treatment because of content you have seen on the Platform.
4.3 Financial Estimates
Any financial projections, estimates, or calculations provided through the Platform are based on the information supplied and general assumptions. Actual costs, insurance coverage, and financial responsibilities may differ significantly. All financial information should be independently verified with your healthcare providers, insurance company, and financial advisors.
5. USER CONDUCT AND PROHIBITED USES
You agree not to:
a) Violate any applicable laws, regulations, or third-party rights;
b) Use the Platform for unlawful, harmful, fraudulent, or deceptive purposes;
c) Upload or distribute malicious software, spam, or harmful content;
d) Access or attempt to access other users' accounts or confidential areas of the Platform without authorization;
e) Interfere with or disrupt the Platform or servers or networks connected to the Platform;
f) Attempt to probe, scan, or test the vulnerability of the Platform or any associated system or network, or breach security or authentication measures;
g) Harvest, collect, or gather user data without permission;
h) Impersonate another person or misrepresent your affiliation with any person or entity;
i) Use the Platform in any manner that could disable, overburden, damage, or impair the Platform;
j) Use any robot, spider, crawler, scraper, data mining tools, automated script, or other automatic device, process, browser extension, or means to access, copy, monitor, extract data from, scrape, index, or catalog any portion of the Platform or its content;
k) Circumvent or attempt to circumvent any technological measure implemented by Kintelle to protect the Platform, including access controls, rate limitations, or usage restrictions;
l) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
m) Decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code or underlying ideas, algorithms, structure, or organization of the Platform;
6. INTELLECTUAL PROPERTY AND LICENSE
6.0 Technical Protection Measures
Kintelle implements various technical measures to protect its Platform from unauthorized access, copying, and scraping. These measures may include, but are not limited to, rate limiting, access controls, monitoring systems, and data protection technologies. Any attempt to circumvent, disable, or otherwise interfere with these security features is strictly prohibited and may result in civil and criminal liability.
6.1 License Grant
Subject to your compliance with this Agreement, Kintelle grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for your personal, non-commercial use only. All rights not expressly granted herein are reserved by Kintelle.
6.2 Trademarks
KINTELLE, the Kintelle logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Kintelle or its affiliates or licensors. You may not use these marks without the prior written permission of Kintelle. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
6.3 User Feedback
If you provide any feedback, ideas, suggestions, or recommendations regarding the Platform ("Feedback"), you hereby grant Kintelle an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such Feedback in any way and for any purpose without compensation to you.
7. USER DATA AND CONTENT
7.1 Your Data
You retain ownership of any personal data, health information, or other content that you upload, submit, or provide to the Platform ("User Content"). However, by uploading or submitting User Content, you grant Kintelle a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content for the purposes of providing and improving the Platform and its services.
7.2 Data Security and Privacy
Your use of the Platform and our collection, use, and disclosure of your information is subject to our Privacy Policy, which is incorporated by reference into this Agreement.
7.3 Protected Health Information
If you submit protected health information ("PHI") as defined under the Health Insurance Portability and Accountability Act ("HIPAA"), our use of such information will be governed by our HIPAA policies and applicable Business Associate Agreements where relevant. You represent and warrant that you have all necessary rights, consents, and authorizations to share any PHI you provide to the Platform, and you agree to indemnify and hold harmless Kintelle for any claims arising from your provision of such information in violation of applicable law.
8. THIRD-PARTY CONTENT AND LINKS
The Platform may contain content provided by third parties or links to third-party websites, applications, or services. These third-party sites and content are not owned, controlled, or operated by Kintelle. Kintelle does not control, endorse, sponsor, recommend, or otherwise accept responsibility for such third-party content, websites, or services. Your use of third-party content and links is at your own risk, and you should review the applicable terms and policies of such third parties.
9. DISCLAIMERS AND NO WARRANTIES
9.1 "As Is" and "As Available"
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KINTELLE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS.
9.2 No Guarantee of Service
KINTELLE DOES NOT GUARANTEE THAT THE PLATFORM WILL BE ERROR-FREE, SECURE, UNINTERRUPTED, OR AVAILABLE AT ALL TIMES. THE PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF INTERNET AND ELECTRONIC COMMUNICATIONS. KINTELLE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.
9.3 Financial and Healthcare Information
KINTELLE DOES NOT WARRANT OR GUARANTEE THE ACCURACY OF ANY FINANCIAL PROJECTIONS, INSURANCE COVERAGE INFORMATION, OR HEALTHCARE COST ESTIMATES. ACTUAL COSTS, COVERAGE, AND BENEFITS MAY VARY SIGNIFICANTLY.
10. LIMITATION OF LIABILITY
10.1 Types of Damages Excluded
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KINTELLE, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM OR ANY CONTENT THEREON, EVEN IF KINTELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 Cap on Liability
IN NO EVENT SHALL KINTELLE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO KINTELLE, IF ANY, DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
10.3 Exclusions
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Kintelle, its affiliates, and their respective directors, officers, employees, agents, partners, suppliers, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your violation of this Agreement; (c) your User Content; (d) your violation of any third-party rights, including without limitation any intellectual property rights, publicity, confidentiality, property, or privacy rights; or (e) any claim that your User Content caused damage to a third party.
12. EXPORT CONTROLS
You may not use or export the Platform or any content therein in violation of U.S. export laws and regulations or any other applicable export laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
13. BINDING ARBITRATION AND CLASS ACTION WAIVER
13.1 Agreement to Arbitrate
ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION IN NEW YORK, NEW YORK BEFORE A SINGLE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.
13.2 Class Action Waiver
YOU AND KINTELLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Kintelle agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
13.3 Exceptions
Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This arbitration provision also does not preclude you from participating in agency proceedings.
13.4 Opt-Out Right
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to legal@kintelle.com within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name, address, and clear statement that you want to opt out of this Arbitration Agreement.
13.5 Small Claims Court
Notwithstanding the foregoing, either you or Kintelle may bring an individual action in small claims court.
14. MODIFICATIONS, SUSPENSION, AND TERMINATION
14.1 Modifications to the Agreement
Kintelle reserves the right to modify, amend, or update this Agreement at any time in its sole discretion. If we make material changes to this Agreement, we will notify you by posting the updated Agreement on the Platform and/or by other appropriate means. Your continued use of the Platform after the effective date of the revised Agreement constitutes your acceptance of the changes.
14.2 Modifications to the Platform
Kintelle reserves the right to modify, suspend, or discontinue the Platform or any part thereof at any time, with or without notice. Kintelle shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Platform.
14.3 Termination
Kintelle may terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, if Kintelle believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon termination, your right to use the Platform will immediately cease, and you shall destroy all copies of information that you have obtained from the Platform.
15. ENTIRE AGREEMENT AND SEVERABILITY
15.1 Entire Agreement
This Agreement, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Kintelle on the Platform, constitutes the entire agreement between you and Kintelle concerning your use of the Platform.
15.2 Severability
If any provision of this Agreement is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and such provision shall be deleted without affecting the remaining provisions herein.
15.3 Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Kintelle's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
16. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any legal action, suit, or proceeding arising out of or relating to this Agreement or your use of the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in New York County, New York, and you irrevocably submit to the personal jurisdiction of such courts in any such action, suit, or proceeding. Notwithstanding the foregoing, Kintelle may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
17. NOTICE AND COMMUNICATIONS
17.1 Electronic Communications
By using the Platform, you consent to receive communications from Kintelle electronically. We may communicate with you by email or by posting notices on the Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
17.2 Contact Information
For questions or concerns regarding this Agreement or the Platform, please contact us at:
Email: hello@kintelle.com Subject: Terms and Conditions Inquiry
18. SURVIVAL
The provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, class action waiver, arbitration, and governing law.
19. ADDITIONAL PLATFORM PROTECTION MEASURES
19.1 Anti-Scraping and Data Protection
The Platform contains valuable proprietary content, data, and information. In addition to the prohibitions set forth elsewhere in this Agreement:
a) You agree not to use or deploy any software, device, script, robot, or other automated means, method, or process (including but not limited to scraping tools, browser plugins, spiders, crawlers, web harvesting tools, or any other technology or manual process) to access, monitor, copy, extract, collect, harvest, compile, analyze, store, or index any content or data from the Platform;
b) You agree not to engage in any activity that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, content, systems, or other properties or services of Kintelle;
c) You agree not to bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by Kintelle to protect the Platform or restrict your use of the Platform (including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform or the content therein);
d) You agree not to create any derivative works or materials that incorporate or are derived from any content from the Platform, including but not limited to databases, indexes, archives, or comparable resources;
e) You agree not to deep-link to any portion of the Platform for any purpose without our express written permission;
f) You agree not to mirror or replicate any part of the Platform;
g) You agree not to cause, instruct, or allow others to do any of the foregoing.
19.2 Rate Limitations and Access Controls
Kintelle may utilize rate limiting, CAPTCHA verification, browser fingerprinting, IP-based restrictions, and other technical measures to prevent abusive or excessive use of the Platform. You agree not to attempt to circumvent these measures. Kintelle reserves the right to temporarily or permanently block access from any user, address, system, or location that it reasonably believes may be attempting to breach these restrictions.
19.3 Proprietary Data and Algorithms
The data structures, organization, algorithms, taxonomy, design, analytics, processes, methodologies, and technological approaches underlying and utilized by the Platform constitute Kintelle's valuable intellectual property and trade secrets. You agree not to reverse engineer, decompile, disassemble, attempt to derive the source code of, or decrypt the Platform or any of its components.
19.4 Digital Forensics and Evidence Preservation
Kintelle maintains advanced logging systems, digital forensic capabilities, and evidence preservation protocols. In the event of any unauthorized access, scraping, system breach, or violation of this Agreement, Kintelle will preserve all relevant access logs, IP information, browser fingerprints, and other digital evidence for use in administrative, civil, or criminal proceedings.
19.5 Legal Remedies and Liquidated Damages
You acknowledge that unauthorized scraping, data extraction, or automated access to the Platform may cause irreparable harm to Kintelle for which monetary damages may be difficult to ascertain. In addition to any other remedies available at law or in equity, you agree that in the event you engage in such prohibited activities, Kintelle may seek injunctive relief and you shall be liable for actual damages, attorneys' fees, and costs. Further, you agree that any systematic extraction, scraping, or unauthorized access to Platform data constitutes a material breach of this Agreement and damages to Kintelle of at least $5,000 per day such activity occurs.
20. REGULATORY COMPLIANCE AND REPRESENTATIONS
20.1 Healthcare Regulatory Compliance
The Platform and its content are designed to comply with applicable healthcare regulations, including HIPAA where applicable. However, regulatory compliance in healthcare is complex and continually evolving. You acknowledge that:
a) Kintelle may modify the Platform or its practices to maintain compliance with changes in applicable laws and regulations;
b) You will use the Platform in compliance with all applicable laws, regulations, and ethical standards governing healthcare and financial services;
c) You will not use the Platform in any manner that could jeopardize compliance with applicable regulations or create liability for Kintelle.
20.2 Financial Estimates and Projections
Any financial estimates, projections, or calculations provided through the Platform are based on the information you provide and general assumptions. You acknowledge that:
a) Actual costs, insurance coverage, benefits, and financial outcomes may differ substantially from any estimates or projections;
b) Financial information provided through the Platform is not a guarantee of costs, coverage, or payment;
c) You should independently verify all financial information with your healthcare providers, insurance companies, and financial advisors before making any financial decisions.
20.3 Data Rights and Portability
In accordance with applicable laws and regulations regarding data portability and access:
a) You have the right to request a copy of your personal information in a structured, commonly used, and machine-readable format;
b) You may request that we transmit your personal information directly to another data controller where technically feasible;
c) These rights may be limited in certain circumstances as permitted by law, including where the rights of other individuals would be violated or where the request is manifestly unfounded or excessive.
20.4 Cross-Border Data Transfers
If your personal information is transferred outside your country of residence, such transfers will be made in compliance with applicable data protection laws, which may include:
a) Standard contractual clauses approved by relevant regulatory authorities;
b) Binding corporate rules or other legally approved transfer mechanisms;
c) Transfers to countries deemed to provide adequate protection for personal data.
You acknowledge that by using the Platform, your personal information may be processed in countries that may have different data protection standards than your country of residence.
© Copyright Kintelle 2025. All rights reserved, including those of its parent company.
© Copyright Kintelle 2025. All rights reserved, including those of its parent company.
© Copyright Kintelle 2025. All rights reserved, including those of its parent company.
© Copyright Kintelle 2025. All rights reserved, including those of its parent company.