Terms of Service

1. Acceptance of Terms

Welcome to Kidney Guardians. By accessing or using our website (kidneyguardians.com) and mobile application (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Services.

These Terms constitute a legally binding agreement between you and Kidney Guardians ("Company," "we," "us," or "our"). Please read them carefully before using our Services.

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website with a new "Last updated" date. Your continued use of the Services after any changes indicates your acceptance of the modified Terms.

2. Description of Service

Kidney Guardians is a wellness application designed to support individuals in managing their kidney health through:

• Personalized Guidance: AI-powered wellness recommendations tailored to your preferences and goals
• Health Tracking: Tools to monitor diet, hydration, activity, and other wellness metrics
• Guardian Companions: Three unique AI personalities (The Stoic, The Spritely, The Modern) that provide encouragement and guidance
• Gamified Wellness: An XP-based system that makes healthy choices engaging and rewarding
• Educational Content: Articles, tips, and resources about kidney health and wellness

Important: Kidney Guardians is a general wellness application and is NOT a medical device. It is not intended to diagnose, treat, cure, or prevent any disease. Please see our Medical Disclaimer for more information.

3. User Responsibilities

By using our Services, you agree to the following responsibilities:

Account Security

• Provide accurate and complete information when creating an account
• Maintain the confidentiality of your account credentials
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

Acceptable Use

You agree NOT to:

• Use the Services for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Services or servers connected to the Services
• Upload viruses, malware, or other malicious code
• Impersonate any person or entity or misrepresent your affiliation
• Use automated means (bots, scrapers) to access the Services without our permission
• Share or distribute content that is harmful, offensive, or infringes on others' rights

Health Information

You acknowledge that any health information you provide is for wellness tracking purposes only. You are responsible for consulting with qualified healthcare providers for medical advice and treatment decisions.

4. Intellectual Property

All content, features, and functionality of the Services are owned by Kidney Guardians and are protected by copyright, trademark, and other intellectual property laws:

• Our Content: The Kidney Guardians name, logo, Guardian characters (The Stoic, The Spritely, The Modern), app design, graphics, text, and other materials are our exclusive property
• Limited License: We grant you a limited, non-exclusive, non-transferable license to use our Services for personal, non-commercial purposes
• Restrictions: You may not copy, modify, distribute, sell, or create derivative works from our content without written permission

User Content

You retain ownership of any content you submit through the Services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, and process that content as necessary to provide the Services.

5. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Services will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or completeness of any content

We do not warrant that:

• The Services will meet your specific requirements or expectations
• Results obtained from using the Services will be accurate or reliable
• Any errors in the Services will be corrected

Medical Disclaimer: THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KIDNEY GUARDIANS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from unauthorized access to or use of our servers or personal information
• Damages resulting from interruption or cessation of the Services
• Damages resulting from any bugs, viruses, or other harmful code transmitted through the Services
• Any health outcomes or medical decisions made based on information from the Services

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

7. Indemnification

You agree to indemnify, defend, and hold harmless Kidney Guardians and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Services or any activities under your account
• Your violation of these Terms or any applicable laws
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any content you submit through the Services

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [State], United States, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the federal or state courts located in [City, State], and you consent to the personal jurisdiction of such courts.

Dispute Resolution

Before filing a claim, you agree to attempt to resolve any dispute informally by contacting us. If a dispute is not resolved within thirty (30) days, either party may proceed with formal legal action.

Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIMS WILL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

9. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last updated" date at the top of these Terms
• For material changes, we will provide notice through our website, app, or via email
• Changes will become effective upon posting unless otherwise specified

Your continued use of the Services after changes are posted constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services.

Termination

We may terminate or suspend your access to the Services at any time, with or without cause or notice. Upon termination:

• Your right to use the Services will immediately cease
• We may delete your account and associated data in accordance with our Privacy Policy
• Provisions that by their nature should survive termination will remain in effect

10. Contact Information

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

• Email: legal@kidneyguardians.com
• Address: Kidney Guardians, [Address to be added]

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and Medical Disclaimer, constitute the entire agreement between you and Kidney Guardians regarding the Services and supersede all prior agreements and understandings.