KinKeeper Partner Terms

1. Agreement and authority

These KinKeeper Partner Terms (the “Partner Terms”) are a legal agreement between Two 15 Foundry, LLC dba KinKeeper (“KinKeeper,” “we,” “us,” or “our”) and the business or other legal entity identified in a KinKeeper organization account (“Organization,” “you,” or “your”).

These Partner Terms govern your access to KinKeeper’s business administration tools and your creation and operation of one or more KinKeeper Programs. By clicking to accept these Partner Terms, creating or using an Organization Workspace, or publishing a Program, you agree to these Partner Terms. The individual accepting them represents and warrants that they are at least 18 years old and have authority to bind the Organization.

Your checkout or order summary, Program configuration, and pricing displayed in the KinKeeper administration experience are incorporated into these Partner Terms. If there is a conflict, an applicable checkout or order summary controls only for the specific commercial terms it addresses. These Partner Terms and KinKeeper’s Terms of Service both apply; these Partner Terms control if they conflict about an Organization Workspace, Program, funding model, Partner Margin, or Member sponsorship. KinKeeper’s Privacy Policy and policies expressly referenced here also apply. Individual Members use KinKeeper under the separate Terms of Service and Privacy Policy.

2. Definitions

“Acting Party” means an adult who creates, configures, or manages a KinKeeper Protection for themselves or another person.

“Authorized User” means an individual the Organization authorizes to access its Organization Workspace.

“KinKeeper Cost” means the minimum amount identified in the administration experience for the Protections selected for a Program, before the Organization’s markup and before applicable taxes.

“Partner Margin” means the Organization Price actually collected by KinKeeper for a Member-Self-Pay Program, excluding separately stated taxes and net of refunds, credits, and chargebacks, minus the applicable KinKeeper Cost.

“Member” means a person who is eligible for, invited to, or enrolled in a Program.

“Member Eligibility Data” means personal information the Organization provides to determine eligibility, send invitations, administer sponsorship, or maintain Program enrollment. It does not include Member Service Data collected directly by KinKeeper after a Member enrolls.

“Member Service Data” means information KinKeeper collects from or about a Member, Acting Party, or Protected Person to provide a Protection, process a Member payment, maintain consent records, provide support, secure the Service, or comply with law.

“Member-Self-Pay Program” means a Program in which Members pay KinKeeper directly for their selected Protections.

“Organization Data” means Organization account information, Authorized User information, Program configuration, Organization branding, and other information the Organization submits through its Organization Workspace.

“Organization Price” means the Member subscription price the Organization selects for a Member-Self-Pay Program. It may not be lower than the applicable KinKeeper Cost.

“Organization Workspace” means the Organization’s administrative account and related tools.

“Organization-Sponsored Program” means a Program in which the Organization pays the full applicable charge for enrolled Members and Members are not charged for the sponsored Protections.

“Program” means a benefit or offering the Organization configures through KinKeeper for eligible Members.

“Protected Person” means the person whose financial activity, personal information, identity warning signs, or wellbeing is the subject of a Protection. The Acting Party and Protected Person may be the same person.

“Protections” means the KinKeeper Money, Privacy, Identity, Wellbeing, or other products KinKeeper makes available for inclusion in a Program.

“Service” means KinKeeper’s business platform, Organization Workspace, Member experiences, Protections, websites, applications, and related services.

3. Organization Workspace and Program setup

KinKeeper gives the Organization a limited, non-exclusive, non-transferable right to use the Organization Workspace to configure and administer Programs during the term of these Partner Terms. You must provide accurate and complete information and keep your legal name, contact and billing information, Program configuration, Member eligibility rules, and Authorized User list current.

A Program may not be published until it has a valid public Program URL and the Organization has completed the publication conditions shown in the Organization Workspace, including:

1. providing the required Organization and Program names;
2. providing an Organization logo;
3. selecting at least one Protection;
4. providing a valid payment method; and
5. accepting the current version of these Partner Terms.

Each Program must use one—and only one—funding model: Organization-Sponsored or Member-Self-Pay. The cost of the same subscription may not be divided between the Organization and a Member. If an Organization operates multiple Programs, each Program may have its own permitted funding model. The Organization must choose that model before activating the Program.

4. Authorized Users and included seats

The platform fee includes two Authorized User seats for each Organization Workspace at no additional charge. Authorized User accounts are personal to the named individual and may not be shared. Additional seats may be offered at the price shown in the Organization Workspace or an applicable order summary.

The Organization is responsible for authorizing only personnel who need access, assigning appropriate permissions, promptly removing access when it is no longer needed, maintaining the confidentiality of credentials, and all activity through its Organization Workspace except activity caused solely by KinKeeper’s breach of these Partner Terms.

5. Platform fee

A flat platform fee applies to each Organization Workspace. Unless a separate checkout or order summary states otherwise, the platform fee is $250 per Organization per year. The platform fee is independent of the number of Programs, Members, enrollments, or Protections and applies whether a Program is Organization-Sponsored or Member-Self-Pay.

The platform fee is charged in advance and renews automatically for successive annual periods until canceled. The Organization authorizes KinKeeper and its payment provider to charge the payment method on file. The fee remains due even if the Organization has no active Members or earns no Partner Margin. Payments are non-refundable except where required by law or expressly stated by KinKeeper.

KinKeeper may change the platform fee prospectively by giving notice before the change takes effect. The Organization may cancel before the next renewal if it does not agree to the change.

6. Organization-Sponsored Programs

For an Organization-Sponsored Program, the Organization pays the full applicable charge for the sponsored Protections. A sponsored Member receives those Protections without charge. The Organization may not charge a sponsored Member for any portion of that charge through KinKeeper or represent the Program as fully sponsored if the Member must pay the Organization separately to receive it.

KinKeeper may charge the Organization’s payment method based on enrolled Members and selected Protections according to the billing cadence shown in the Organization Workspace.

The Organization may end a Member’s sponsorship through the Organization Workspace. When sponsorship ends, the Member’s billing designation reverts to self-pay. KinKeeper will not charge the Member unless the Member separately accepts the applicable price and authorizes a payment method. If the Member does not provide or maintain that authorization, paid Protections may pause or end when sponsorship expires. Ending sponsorship does not give the Organization control of a Member’s KinKeeper account or Member Service Data.

7. Member-Self-Pay Programs

For a Member-Self-Pay Program:

1. The Organization selects an Organization Price through the Organization Workspace.
2. The Organization Price must be at least the applicable KinKeeper Cost. KinKeeper may prevent publication or sale of a configuration below that floor.
3. KinKeeper is the merchant of record for the Member transaction. KinKeeper processes payment, provides the receipt, administers the subscription, and handles cancellations, refunds, credits, and chargebacks under Member-facing terms and applicable law.
4. The Organization may not collect the KinKeeper subscription charge directly, hold itself out as merchant of record, or promise a refund or billing term KinKeeper has not approved.
5. The markup above KinKeeper Cost is the Organization’s Partner Margin, as calculated in Section 2.

KinKeeper will provide a quarterly statement and remit accrued Partner Margin in U.S. dollars within 45 days after the end of each calendar quarter, subject to reconciliation of refunds, credits, chargebacks, payment reversals, and amounts the Organization owes KinKeeper. Quarterly remittance is processed manually in the initial version of the Program.

The Organization must provide accurate payout instructions and any reasonably required tax forms. KinKeeper may delay a remittance while required payout or tax information is incomplete or while investigating suspected fraud, duplicate payments, sanctions concerns, or a material breach of these Partner Terms. KinKeeper may offset against future Partner Margin any refund, credit, chargeback, overpayment, or other amount properly owed by the Organization. The Organization is responsible for taxes on Partner Margin it receives. KinKeeper is responsible for administering taxes it is legally required to collect as merchant of record.

The Organization does not acquire an ownership interest in Member payments before Partner Margin becomes payable under this section. No interest accrues on unpaid Partner Margin unless required by law.

8. Prices and Program changes

The Organization is responsible for ensuring that its advertised Member price matches the Organization Price configured in KinKeeper. It may change its markup prospectively through the Organization Workspace, subject to KinKeeper’s technical controls and any notice, authorization, or renewal requirements that apply to Members. KinKeeper may change KinKeeper Cost prospectively by providing notice before the change applies.

The Organization may not use a price, discount, rebate, or other offer that is misleading, unlawful, discriminatory, or inconsistent with information shown to Members during KinKeeper checkout. KinKeeper may decline or remove a Program configuration that violates these Partner Terms, applicable law, product requirements, or a provider requirement.

9. Member relationship and individual control

Individual Members contract directly with KinKeeper under the Member-facing Terms of Service and Privacy Policy when they create or use a KinKeeper account. The Organization may not modify those terms, accept them for a Member, or make additional promises on KinKeeper’s behalf.

Members and Protected Persons retain control over their personal KinKeeper accounts, consents, connected accounts, communication preferences, Kin Circle choices, and other Member-controlled settings.

Unless a Member or Protected Person provides specific authorization through KinKeeper, the Organization receives only the Program administration information KinKeeper makes available, such as eligibility, invitation, enrollment, sponsorship, billing, and aggregate adoption information. Sponsoring or promoting a Program does not entitle the Organization to individual financial activity, privacy-removal records, identity alerts, wellbeing responses, Kin Circle communications, or other Member Service Data.

10. Consent and enrollment responsibilities

Member participation must be voluntary. The Organization must not use coercion, deception, impersonation, or undue pressure to obtain participation or consent.

Before providing Member Eligibility Data to KinKeeper, the Organization must have a lawful basis and all authority required to use and disclose that information for Program administration and invitations and must give legally required notices.

A Protection involving another person may not be activated unless KinKeeper records appropriate consent for both:

• the Acting Party, including consent to create or manage the Protection and provide relevant information; and
• the Protected Person, including consent to be enrolled, monitored, or contacted as applicable, and to the configured collection, use, and sharing of their information.

If an Acting Party is legally authorized to act for a Protected Person, the Acting Party must have and, upon request, provide evidence of that authority. A family relationship alone is not proof of legal authority.

The Organization must use KinKeeper’s consent and enrollment workflow and may not bypass, preselect, obscure, or interfere with disclosures or choices. It must preserve consent records it separately collects, provide them upon reasonable request, and promptly communicate any revocation or objection it receives.

Consent must be specific to the relevant Protection and communication channel and may be withdrawn. For automated calls or text messages, the Organization must not direct KinKeeper to contact a number unless the called party has given the consent required by applicable law. Consent to a Program, these Partner Terms, an employment relationship, or a purchase is not by itself consent to receive marketing calls or texts. Review KinKeeper’s notification and messaging terms.

11. Organization privacy and data responsibilities

The Organization is responsible for its own collection, use, disclosure, retention, protection, and deletion of personal information, including Member Eligibility Data and information exported or received from KinKeeper.

The Organization will:

• comply with applicable privacy, data-protection, consumer-protection, communications, and breach-notification laws;
• collect and disclose only information reasonably necessary for a Program;
• provide legally required notices and honor applicable individual rights;
• restrict access to personnel with a legitimate need;
• use reasonable administrative, technical, and physical safeguards;
• promptly remove inaccurate, ineligible, or withdrawn records;
• notify KinKeeper without undue delay of actual or reasonably suspected unauthorized access, use, disclosure, alteration, or loss affecting KinKeeper, a Program, or Member information; and
• cooperate with KinKeeper’s reasonable investigation and remediation requests.

The Service is not designed to receive medical or clinical records. The Organization must not submit bank credentials, payment-card security codes, Social Security numbers, detailed medical or clinical records, or other sensitive information unless the Service expressly requests that category through a designated secure field. See KinKeeper’s Security Practices.

12. Data processing terms

This section applies when KinKeeper processes Member Eligibility Data solely on the Organization’s behalf in a service-provider, contractor, or processor capacity under applicable privacy law.

12.1 Specific purposes

The Organization discloses Member Eligibility Data to KinKeeper only for:

• receiving and validating eligibility records;
• sending Organization-authorized Program invitations;
• determining or confirming eligibility;
• matching an invited person to a KinKeeper account;
• administering enrollment and sponsorship status;
• maintaining consent, enrollment, billing, and audit records;
• providing permitted administrative or aggregate reporting;
• providing Member and Organization support;
• preventing, detecting, and investigating security incidents, fraud, abuse, or unlawful activity; and
• complying with applicable law.

12.2 KinKeeper restrictions

For Member Eligibility Data processed in this capacity, KinKeeper will:

• not sell or share the information;
• not retain, use, or disclose it outside the specific purposes above or the direct business relationship with the Organization, except as permitted or required by law;
• not combine it with personal information received from another organization or KinKeeper’s independent interaction with a person except as permitted by applicable law;
• provide the same level of privacy protection required of a covered business under applicable law;
• implement reasonable security procedures appropriate to the information;
• reasonably assist with applicable individual-rights requests, risk assessments, cybersecurity audits, and legally required compliance;
• notify the Organization if KinKeeper determines it can no longer satisfy an applicable legal obligation;
• permit reasonable steps to verify compliance and stop or remediate unauthorized processing; and
• require subprocessors handling the information in this capacity to accept materially equivalent restrictions.

The Organization may request reasonable compliance documentation no more than annually unless a security incident, regulator request, or reasonable evidence of noncompliance justifies an additional request. Reviews must protect KinKeeper’s confidential information and the security of other customers.

KinKeeper will delete or return Member Eligibility Data when it is no longer needed for the specified purposes, subject to active Member relationships, direct Member consent, legal obligations, fraud prevention, dispute resolution, and required consent or transaction records.

12.3 Independent Member data

Member Service Data KinKeeper collects directly in connection with an individual’s KinKeeper account, subscription, Protection, payment, consent, support request, security, or legal compliance is governed by KinKeeper’s Privacy Policy and Member-facing Terms. For that processing, KinKeeper acts in its independent capacity rather than solely on the Organization’s behalf. Each party remains responsible for the personal information it independently controls.

13. Program marketing and Member communications

The Organization may market a Program only using accurate, current, and substantiated information consistent with KinKeeper-approved materials. It will:

• accurately disclose whether a Program is Organization-Sponsored or Member-Self-Pay;
• disclose the actual Member price and material limitations;
• clearly disclose, for a Member-Self-Pay Program, that KinKeeper processes the Member payment and that the Organization may receive compensation from Member purchases;
• not state or imply that KinKeeper guarantees safety, prevents fraud or identity theft, removes every online record, provides medical or emergency monitoring, or delivers a financial, investment, legal, medical, or insurance outcome;
• not use a testimonial, endorsement, statistic, comparison, savings claim, or performance claim without adequate support and any required disclosure;
• comply with applicable email, telephone, text-messaging, advertising, endorsement, and do-not-contact laws;
• honor opt-outs and suppression requests;
• not purchase, scrape, or use unlawfully obtained contact lists; and
• promptly stop or correct a communication KinKeeper reasonably identifies as inaccurate, misleading, unlawful, or harmful.

The Organization remains responsible for communications it or its agents send, even if a vendor sends them on its behalf.

14. KinKeeper marks and Organization branding

During the term, KinKeeper grants the Organization a limited, revocable, non-exclusive, non-transferable license to use KinKeeper’s approved name, logo, and Program materials solely to promote an active Program in accordance with KinKeeper’s brand guidelines.

The Organization may not modify KinKeeper marks except as expressly permitted, register or use a confusingly similar trademark or identifier, imply an ownership or endorsement relationship beyond the Program, remove required legal or product disclosures, or sublicense KinKeeper materials without written permission.

The Organization grants KinKeeper a limited, non-exclusive license to use its name and logo to display and administer the Program, create the Member-facing co-branded experience, and identify the Organization as the Program sponsor or partner. The Organization represents that it has all rights needed for this use. Each party retains ownership of its marks and materials. These licenses end when the applicable Program or these Partner Terms end, except for reasonable wind-down use.

15. Acceptable use

The Organization and its Authorized Users will not:

• violate law or another person’s rights;
• use the Service for an unlawful, discriminatory, deceptive, abusive, or exploitative purpose;
• enroll or contact a person without required authority or consent;
• attempt to access Member Service Data not made available to the Organization;
• sell, share, scrape, profile, or use Member information for unrelated marketing;
• interfere with, disrupt, probe, or circumvent the Service or its security;
• reverse engineer the Service except where a restriction is prohibited by law;
• introduce malicious code or use shared or false identities;
• misrepresent Program performance, pricing, sponsorship, or availability; or
• use the Service to make eligibility, employment, housing, credit, insurance, healthcare, or other significant decisions about a person.

KinKeeper may investigate suspected misuse and suspend access while doing so.

16. Product limitations and third-party services

KinKeeper is designed to support financial safety, privacy, identity awareness, and wellbeing connection. It does not guarantee that harm, fraud, identity theft, exposure, missed check-ins, or other events will be detected or prevented.

• Money connections are read-only. KinKeeper cannot move money, block a transaction, place a trade, pay a bill, or change a financial account.
• Privacy features have limits. They may not find or remove every record, and removed information may reappear.
• Identity features provide warning signals and next steps. They do not prevent identity theft. Any restoration or insurance benefit is subject to separate eligibility terms, certificate, or policy.
• Wellbeing features are not medical or emergency services. They are not medical care, fall detection, emergency monitoring, or a substitute for 911, and KinKeeper does not dispatch emergency responders.
• Message, call, data-provider, financial-institution, payment, and other third-party services may be delayed, unavailable, incomplete, or inaccurate.

The Organization must not present the Service as replacing professional judgment, family involvement, financial institutions, law enforcement, healthcare providers, emergency services, or other appropriate safeguards. KinKeeper may use and change third-party providers or features over time.

17. Confidentiality

Each party may receive nonpublic information the other party reasonably considers confidential, including pricing, KinKeeper Cost, product plans, security or technical information, Member information, business plans, and Program performance.

The receiving party will use confidential information only to perform under these Partner Terms, protect it using reasonable care, and disclose it only to personnel and contractors who need it and are bound by confidentiality obligations. These obligations do not apply to information the receiving party can demonstrate was lawfully known without restriction, becomes public without breach, is independently developed without use of the confidential information, or is lawfully received from another source.

A party may disclose confidential information when legally required after giving advance notice where permitted and reasonably cooperating with protective efforts.

18. Ownership and feedback

KinKeeper and its licensors own the Service, software, designs, documentation, aggregated and de-identified service information, and all related intellectual property rights. No rights are granted except those expressly stated. The Organization owns Organization Data and its marks, subject to the licenses in these Partner Terms.

If the Organization provides ideas or feedback, KinKeeper may use them without restriction or payment, provided KinKeeper does not identify the Organization or disclose its confidential information without permission.

19. Term, cancellation, and suspension

These Partner Terms begin when the Organization accepts them and continue until terminated. The Organization may cancel through the Organization Workspace or by contacting KinKeeper. Unless an applicable order summary states otherwise, cancellation takes effect at the end of the current platform-fee period, and fees already paid are non-refundable except where required by law.

KinKeeper may suspend or terminate an Organization Workspace or Program immediately if the Organization fails to pay an amount when due, materially breaches these Partner Terms, creates a security, legal, fraud, safety, or reputational risk, a provider or law prevents continued service, or suspension is reasonably necessary to protect Members, KinKeeper, or another person. KinKeeper will provide notice and a reasonable opportunity to cure when appropriate under the circumstances.

After termination:

• the Organization must stop representing that it offers an active KinKeeper Program and stop using KinKeeper marks;
• no new Members may enroll through the terminated Program;
• accrued payment obligations survive;
• the Organization remains entitled to Partner Margin accrued on qualifying payments collected before the effective termination date, subject to reconciliation;
• sponsored Members may be offered self-pay continuation only with their separate authorization;
• active self-pay Members may continue their direct relationship with KinKeeper, but the Organization will not earn Partner Margin on payments after the Program’s effective termination date unless KinKeeper agrees otherwise; and
• KinKeeper may retain information as described in its Privacy Policy and these Partner Terms.

Provisions that by their nature should survive—including payment, confidentiality, ownership, data responsibilities, disclaimers, indemnification, liability limits, dispute provisions, and miscellaneous terms—will survive.

20. Organization warranties

The Organization represents and warrants that it is validly organized and authorized to enter these Partner Terms; the accepting individual may bind it; Organization Data and branding are accurate and lawfully provided; it has all rights, notices, legal bases, and consents required for Member Eligibility Data and Program communications; its Program, marketing, eligibility rules, and use of the Service comply with law; it will not make unauthorized commitments on KinKeeper’s behalf; and it will not use the Service in a way that violates Member rights or these Partner Terms.

21. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” KINKEEPER DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

KINKEEPER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR THAT IT WILL DETECT, PREVENT, REMOVE, OR RESOLVE EVERY EVENT. KINKEEPER DOES NOT GUARANTEE MEMBER ENROLLMENT, ENGAGEMENT, REVENUE, PARTNER MARGIN, SAVINGS, RETENTION, OR ANY PARTICULAR BUSINESS OR SAFETY OUTCOME.

Nothing in these Partner Terms limits a right or warranty that cannot lawfully be excluded.

22. Indemnification

The Organization will defend, indemnify, and hold harmless KinKeeper, its affiliates, providers, officers, employees, and agents from third-party claims, investigations, losses, liabilities, judgments, penalties, costs, and reasonable attorneys’ fees arising from or relating to:

• the Organization’s Program, eligibility decisions, marketing, pricing, or Member communications;
• Organization Data or Member Eligibility Data provided without sufficient rights, notice, authority, or consent;
• the Organization’s breach of privacy, security, communications, advertising, employment, or consumer-protection law;
• the Organization’s misuse of Member information or marks and materials;
• the Organization’s breach of these Partner Terms; or
• the Organization’s or an Authorized User’s negligence, fraud, willful misconduct, or violation of another person’s rights.

KinKeeper will promptly notify the Organization of an indemnified claim, permit the Organization to control its defense and settlement, and reasonably cooperate at the Organization’s expense. The Organization may not settle a claim in a way that admits fault by or imposes an obligation on KinKeeper, or fails to fully release KinKeeper, without KinKeeper’s written consent.

23. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, KINKEEPER’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE PARTNER TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT THE ORGANIZATION PAID KINKEEPER UNDER THESE PARTNER TERMS DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

The exclusions and cap do not limit the Organization’s payment or indemnification obligations, misuse of KinKeeper intellectual property or Member information, or liability that cannot lawfully be limited.

24. Governing law and disputes

These Partner Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules. Each party submits to the exclusive jurisdiction of the state courts located in New Castle County, Delaware, and the United States District Court for the District of Delaware for a dispute arising out of or relating to these Partner Terms or the Service, unless applicable law requires otherwise.

Before filing a claim, the parties will attempt in good faith for at least 30 days to resolve the dispute through business representatives with authority to settle it. This does not prevent either party from seeking urgent injunctive relief.

25. Notices

KinKeeper may provide operational, billing, security, and legal notices through the Organization Workspace or to the primary administrative email address. The Organization is responsible for keeping that address current.

Legal notices to KinKeeper must be sent to:

A notice is effective when received. An in-product or email notice from KinKeeper is effective when sent to the Organization’s current administrative account, except where law requires another method.

26. Changes to these Partner Terms

KinKeeper may update these Partner Terms from time to time. We will update the effective date and provide notice of a material change through the Organization Workspace or by email. We may require a new acceptance before an Organization may continue administering or publishing a Program.

Unless a longer period is required by law, material changes take effect on the date stated in the notice. Continued use of the Organization Workspace or operation of a Program after that date constitutes acceptance. If the Organization does not agree, its remedy is to stop using the Service and cancel before the change takes effect. Changes to fees are governed by the applicable payment sections and checkout disclosures.

27. Miscellaneous

The parties are independent contractors. These Partner Terms do not create a partnership, franchise, fiduciary relationship, employment relationship, agency, joint venture, or authority for either party to bind the other.

The Organization may not assign these Partner Terms without KinKeeper’s prior written consent. KinKeeper may assign them in connection with a merger, reorganization, financing, sale of assets, or transfer of the Service.

Neither party is liable for delay caused by events beyond its reasonable control, except that such an event does not excuse payment obligations for amounts already due. If a provision is unenforceable, it will be modified only to the minimum extent necessary, and the remaining provisions will remain effective. Failure to enforce a provision is not a waiver.

These Partner Terms, incorporated order information, the Terms of Service, and the Privacy Policy are the entire agreement concerning the Organization’s use of the business Service and supersede prior discussions about that subject. Headings are for convenience only. “Including” means “including without limitation.”

Electronic acceptance and records have the same effect as a physical signature and written agreement. The Organization may download or print these Partner Terms for its records.