Terms of Service

Kiin provides a technology platform that connects:

• Parents and Guardians ("Parents" or "Care Seekers") seeking childcare services; and
• Caregivers ("Caregivers" or "Care Providers") offering childcare services.

The Service includes:

• Profile creation for Parents and Caregivers.
• Search and discovery tools to find caregivers based on availability, location, experience, and other preferences.
• Booking and scheduling functionality.
• Secure in-app messaging between Parents and Caregivers.
• Payment processing (handled by our third-party payment processor).
• Background check and verification services (for Caregivers who choose to complete them).
• Reviews and ratings to help build trust within the community.

Kiin does not:

• Employ, supervise, or control any Caregiver.
• Guarantee the suitability, safety, or reliability of any Parent or Caregiver.
• Provide medical, diagnostic, or clinical services.
• Act as an employment agency, staffing service, or placement agency.
• Operate a childcare facility, day care center, or family childcare home as defined under North Carolina law (N.C. Gen. Stat. § 110-85 et seq.).
• Provide care to three or more children under the age of 13 on a regular basis (at least once per week for more than four hours), which would trigger North Carolina childcare facility licensing requirements under N.C. Gen. Stat. § 110-85 et seq.
• Refer, place, or secure employment for Caregivers in a manner that would require licensing as an employment or referral agency under North Carolina law.
• Endorse or recommend any specific Caregiver.

Kiin is a matching and booking platform only. The relationship formed between a Parent and Caregiver is between those parties alone. Kiin is not a party to any childcare arrangement. Kiin does not refer, place, or secure employment for Caregivers. We provide a technology platform for users to connect and communicate.

North Carolina Licensing Status: Based on the operation of the Platform, Kiin does not meet the definition of a "child care facility" requiring licensure under North Carolina law. Kiin is a technology platform that connects independent users; it does not provide care itself, does not employ caregivers, and does not supervise or control childcare arrangements. However, Kiin does not provide legal advice, and users are responsible for ensuring their own compliance with applicable laws.

To use Kiin, you must:

• Be at least 18 years of age (Caregivers must be at least 18, and Parents must be at least 18).
• Reside in and use the Service from the United States.
• Be legally permitted to work in the United States (if registering as a Caregiver).
• Have the legal capacity to enter into a binding contract.
• Not have been previously banned or terminated from the Platform.

By registering, you represent and warrant that:

• You are using the Service only for the purpose of arranging or providing childcare.
• Neither you nor any member of your household has ever been:
  • Convicted of a felony or any crime involving violence, theft, fraud, or abuse (physical, sexual, or emotional);
  • Convicted of any offense involving endangering the safety of children or vulnerable adults;
  • Required to register as a sex offender with any government entity; or
  • Subject to a restraining order involving a child or vulnerable adult.

Caregiver-to-Child Ratio. Caregivers are solely responsible for ensuring they do not exceed any applicable legal or licensing requirements regarding the number of children under their care at any time. Kiin does not monitor or enforce caregiver-to-child ratios.

If we become aware that you do not meet these eligibility requirements, we may terminate your account.

When you register, you agree to:

• Provide accurate, current, and complete information.
• Keep your login credentials confidential.
• Not share your account with anyone else.
• Update your information promptly if it changes.

You are responsible for all activity that occurs under your account. Notify us immediately if you suspect unauthorized access.

Kiin may, from time to time, offer the ability to make bookings or inquiries without creating a registered account ("Guest Users").

By using the Platform as a Guest User, you agree to be bound by all provisions of these Terms, including but not limited to:

• Section 8 (Bookings and Payments)
• Section 10 (Cancellations and Refunds)
• Section 13 (Property Access and Home Safety)
• Section 18 (Assumption of Risk)
• Section 19 (Limitation of Liability)
• Section 20 (Indemnification)
• Section 24 (Dispute Resolution and Governing Law)

Guest User Acknowledgment:

• You acknowledge that completing a booking as a Guest User constitutes acceptance of these Terms.
• You agree to provide accurate billing and contact information.
• You understand that certain Platform features (such as saved profiles, booking history, and reviews) may not be available to Guest Users.
• You agree that Kiin may send booking-related communications to the email address or phone number you provide.

Guest Bookings and Account Conversion: If you create a Guest booking and later register for an account, your booking history and data may be associated with your new account. If you do not register, your booking data will be retained only as necessary for legal or operational purposes and then deleted in accordance with our Privacy Policy.

Kiin takes safety seriously, but we do not guarantee safety.

We offer Caregivers the option to complete a background check through a third-party consumer reporting agency. Results are shared with Parents only with the Caregiver's consent.

Cancellation policies are designed to be fair to both Parents and Caregivers.

Kiin is not equipped to respond to emergencies.

In the event of an emergency during a booked session:

• Call 911 immediately (or your local emergency services) for medical, fire, or police emergencies.
• Notify the Parent (if the emergency involves a child in their care) as soon as possible.
• Do not rely on Kiin for emergency response, monitoring, or dispatch.

Kiin does not monitor bookings, calls, or sessions in real time. Kiin does not provide medical advice, emergency dispatch, or safety monitoring services. Caregivers and Parents are solely responsible for the safety and well-being of children during booked sessions.

• Kiin does not provide liability insurance, accident insurance, or any "guarantee" fund for bookings made through the Platform.
• Caregivers are encouraged to obtain their own liability insurance and business insurance.
• Parents are encouraged to verify whether their homeowners' or renters' insurance covers caregivers in their home.
• Kiin does not maintain or offer any protection plan that covers injuries, accidents, property damage, or other losses arising from any booking.
• Kiin explicitly disclaims any responsibility for losses, injuries, or damages arising during or related to a booking.

Parents are solely responsible for ensuring that their home and property are safe for Caregivers and children.

Before a booking, Parents agree to:

• Secure all firearms, weapons, and hazardous materials.
• Secure all medications, cleaning supplies, and chemicals.
• Ensure that swimming pools, spas, and other water features are properly secured and compliant with applicable safety laws.
• Ensure that pets are secured or disclosed to the Caregiver in advance.
• Identify any potential hazards, including uneven surfaces, stairs, sharp objects, and electrical hazards.
• Disclose any known safety risks, allergies (e.g., severe food allergies, pet allergies), or medical conditions of children in their care.

Caregivers have the right to refuse a booking or leave a premises if they reasonably believe the environment is unsafe for themselves or the children in their care.

Kiin is not responsible for the safety, condition, or suitability of any premises where childcare is provided. Kiin does not inspect or certify the safety of any home or property.

Parents may use home security systems, nanny cams, audio or video recording devices, or other surveillance equipment in their homes.

Kiin does not monitor, control, or have access to any recording or surveillance equipment used by Parents or Caregivers. Kiin is not responsible for any claims arising from the use of recording or surveillance devices.

Your privacy matters to us. Please review our Privacy Policy to understand how we handle your personal information. By using the Service, you consent to our collection and use of data as described in the Privacy Policy.

The Platform and all services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied.

To the fullest extent permitted by applicable law, Kiin disclaims all warranties, including but not limited to:

• Any warranty of merchantability, fitness for a particular purpose, or non-infringement.
• Any warranty that the Service will be uninterrupted, secure, or error-free.
• Any warranty that any Caregiver, Parent, or other user is suitable, safe, reliable, or qualified.
• Any warranty that background check results are complete, accurate, or up to date.
• Any warranty that the Service will meet your specific needs.
• Any warranty regarding the safety or condition of any premises where childcare is provided.

Kiin is not responsible for any injury, illness, damage, or loss arising from:

• The actions or omissions of any Parent or Caregiver.
• The quality of childcare provided.
• Any interaction between users, whether online or offline.
• Any Content posted by users.
• The safety of any premises where care is provided.

You are solely responsible for verifying the suitability of any Caregiver you hire.

By using Kiin, you voluntarily assume all risks associated with arranging and providing childcare through the Platform.

You acknowledge that childcare involves inherent risks, including but not limited to:

• Illness, injury, or death.
• Property damage.
• Emotional distress.
• Disputes regarding payment, performance, or conduct.
• Risks associated with private residences, including but not limited to pet-related injuries, pool hazards, food allergies, and unreported safety risks.

You agree that you are solely responsible for:

• Vetting and selecting Caregivers or Parents.
• Supervising and monitoring care sessions.
• Ensuring the safety of children and property.
• Obtaining appropriate insurance coverage.
• Ensuring a safe physical environment in accordance with Section 13.

You understand that Kiin does not assume any responsibility for the safety or security of any user or any child in their care.

To the maximum extent permitted by applicable law, including North Carolina law, Kiin and its affiliates, officers, directors, employees, and agents shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages.
• Loss of data, revenue, or profits.
• Any claims arising from the conduct of other users.
• Any injuries, accidents, or damages occurring during or related to a booking.
• Any premises liability or property damage claims.
• Any claim exceeding the total fees you paid to Kiin in the three (3) months prior to the claim, or $100.00 (whichever is less).

This limitation applies regardless of the legal theory on which the claim is based, including contract, tort (including negligence), warranty, or strict liability.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

You agree to indemnify, defend, and hold harmless Kiin and its affiliates, officers, directors, employees, and agents from and against any and all claims, losses, damages, liabilities, and costs (including reasonable attorneys' fees) arising from:

• Your use of the Service.
• Your Content.
• Your violation of these Terms.
• Your interactions with other users.
• Your violation of any applicable law.
• Your breach of any representation or warranty made in these Terms.
• Any injury, illness, or damage occurring during or related to a booking.
• Any claim arising from the safety or condition of any premises where care is provided.

Kiin reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not settle any matter without our written consent.

Kiin is a provider of an interactive computer service as defined in 47 U.S.C. § 230. As such, Kiin is not the publisher or speaker of user-generated Content (including reviews, messages, profile information, and other materials posted by users).

Kiin shall not be liable for any claims arising from Content posted by users, including defamation, harassment, or any other tort claims. Kiin does not endorse, approve, or verify any user-generated Content and is not responsible for its accuracy, reliability, or legality.

Kiin reserves the right to remove or restrict access to any user-generated Content that we determine, in our sole discretion, violates these Terms or is otherwise harmful or objectionable.

We welcome your feedback, ideas, and suggestions for improving Kiin. By submitting any feedback, suggestion, or idea (whether through the Platform, email, or other means), you grant Kiin an irrevocable, perpetual, worldwide, royalty-free license to use, implement, and incorporate such feedback into the Platform without restriction and without any obligation to compensate you.

Kiin is under no obligation to use or implement any feedback you provide.

We may update these Terms from time to time. If we make material changes, we will:

• Notify you by email (to the address on file) or through a prominent notice on the Platform.
• Give you at least 30 days to review the changes before they take effect.

Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service and cancel your account.

Kiin shall not be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including but not limited to:

• Natural disasters, fires, floods, or earthquakes.
• Acts of war, terrorism, or civil unrest.
• Pandemics, epidemics, or public health emergencies.
• Strikes or labor disputes.
• Government actions or regulations.
• Internet or telecommunications outages.
• Power failures.
• Software or hardware failures not caused by Kiin.

In such events, Kiin's obligations shall be suspended for the duration of the force majeure event.

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kiin.
• Severability: If any provision is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: Our failure to enforce any provision does not waive our right to enforce it later.
• Assignment: You may not assign your account or these Terms without our consent. Kiin may assign these Terms without restriction.
• No Agency: Nothing in these Terms creates an agency, partnership, or employment relationship between Kiin and any user.
• No Third-Party Beneficiaries: These Terms are for the benefit of the parties hereto and are not intended to confer any rights or remedies on any third party.

If you have any questions about these Terms or the Service, please contact us:

Kiin
Email: hello@getkiin.co

By using Kiin, you acknowledge that you have read, understood, and agreed to these Terms of Service.