Terms of Service

Effective date: August 26, 2026 Last updated: August 26, 2026

These Terms of Service (the "Terms") are a binding legal agreement between you and Ethan William White, doing business as Konnect ("Konnect", "we", "us", "our"), covering the Konnect website at kiddynaconnect.com, the Konnect Discord bot, the Konnect dashboard, the Konnect public API, the Konnect beat storefront and marketplace, and every related feature (together, the "Service").

**By creating an account, adding the bot to a Discord server, running any command, buying credits, uploading a beat, connecting a Google or Stripe account, or otherwise using the Service, you agree to these Terms.** If you do not agree, do not use the Service.

**SECTION 21 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES BETWEEN YOU AND KONNECT ARE RESOLVED. READ IT. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 21.7.**

1. Definitions

• "You" or "User" — the individual or entity using the Service. If you use the Service on behalf of a company, you represent that you are authorised to bind it, and "you" means that company.
• "Contact Data" — names, handles, profile URLs, email addresses and similar business-contact information that the Service surfaces from publicly accessible sources.
• "User Content" — anything you upload, submit, generate through, or publish using the Service, including audio files, artwork, titles, descriptions, tags, storefront copy, licence terms, prices, and outreach messages.
• "Producer" — a User who lists, prices or sells beats through the Konnect storefront or marketplace.
• "Buyer" — a person who purchases a beat or licence from a Producer through the Service.
• "Third-Party Platform" — any service Konnect connects to or reads from, including Discord, Google, YouTube, Instagram, TikTok, SoundCloud, Spotify, and Stripe.

2. Eligibility and age

You must be at least 13 years old, and at least the minimum age of digital consent in your country, to use the Service at all. If you are between 13 and the age of majority where you live, you may use the Service only with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf.

You must be at least 18 years old (or the age of majority where you live, if higher) to:

• purchase credits, a subscription, or any paid feature;
• sell beats, connect a Stripe account, or receive payouts;
• enter into a licence agreement with a Buyer.

The Service is not directed to children under 13 and we do not knowingly collect their personal information. If we learn that a User is under 13, we will terminate the account and delete associated data.

3. Accounts and security

You are responsible for everything that happens under your account, including all activity, all outreach sent, all content published, and all charges incurred. You agree to provide accurate information, keep your credentials confidential, and notify us promptly at security@kiddynaconnect.com if you suspect unauthorised access.

You may not share, sell, rent, or transfer your account, or use another User's account. One person or entity per account unless we agree otherwise in writing.

4. What the Service does, and what it does not promise

Konnect is a software tool. It helps you discover publicly available artist contact information, organise it into a pipeline, send outreach from your own connected email account, render and publish beat videos to your own YouTube channel, and operate a storefront where you sell to your buyers.

No guarantee of results. Konnect does not promise, and nothing in the Service or our marketing should be read as promising, any specific outcome — including any number of emails found, any deliverability rate, any reply, any placement, any sale, any amount of revenue, any growth in followers or streams, or any level of income. Results depend overwhelmingly on your own catalogue, effort, taste, timing and market conditions. **Any figures, examples, case studies or testimonials shown anywhere are illustrative only and are not typical, guaranteed, or a representation of what you will achieve.**

No professional advice. Nothing in the Service is legal, tax, accounting, financial, or business advice. Music licensing, sample clearance, tax on your sales, and compliance with anti-spam and data-protection law are your responsibility. Consult your own professionals.

The Service changes. We may add, modify, suspend, throttle, price, or discontinue any feature at any time. Third-Party Platforms change their sites, APIs, rate limits and terms without notice to us, which can reduce or eliminate a feature's effectiveness overnight. That is a normal and expected characteristic of the Service, not a defect.

5. Licence to you, and restrictions

Subject to these Terms and your payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service for your own legitimate business purposes.

We reserve all rights not expressly granted. The Service, its software, models, prompts, databases, design, and all associated intellectual property remain ours or our licensors'.

You must not:

• copy, modify, translate, decompile, disassemble, or reverse engineer any part of the Service, or attempt to derive source code, algorithms, or the structure of our data, except to the extent this restriction is unenforceable under applicable law;
• rent, lease, sell, sublicense, white-label, or resell access to the Service, or operate it as a service bureau, without our prior written consent;
• scrape, crawl, spider, harvest, or systematically extract data from the Service, or use bots, headless browsers or automation against the Service, except through our documented public API within its published limits;
• circumvent, disable, or interfere with any credit limit, rate limit, quota, watermark, paywall, authentication, or other technical restriction;
• probe, scan, or test the vulnerability of the Service or breach its security, except under our published vulnerability disclosure policy;
• use the Service to build, train, or improve a competing product or dataset;
• remove, obscure, or alter any proprietary notice, attribution, or watermark, including the free-tier render watermark;
• upload malware, or use the Service in a way that imposes an unreasonable load on our infrastructure or degrades it for others;
• use the Service in violation of any applicable law, or of any Third-Party Platform's terms.

6. Acceptable Use — outreach, data, and anti-spam

This Section 6 is a material term. Violating it is grounds for immediate suspension or termination without refund, and you indemnify us for it under Section 19.

6.1 You are the sender

When you send outreach through the Service — including via a connected Gmail account — you are the sender and the initiator of that message under CAN-SPAM and equivalent laws, and you are the data controller for the recipient list you choose. Konnect provides transmission tooling at your direction. You alone decide who is contacted, what is said, and why.

6.2 Your compliance obligations

You represent, warrant, and agree that for every message you send and every contact you use, you will comply with all applicable laws, including as relevant the CAN-SPAM Act (US), CASL (Canada), the GDPR and UK GDPR, the ePrivacy Directive and its national implementations, the CCPA/CPRA and other US state privacy laws, and the TCPA if you ever use phone or SMS channels. In particular you will:

• send only genuine, relevant, individualised business-to-business outreach related to music collaboration, licensing, booking, or promotion;
• use accurate "From", "Reply-To", routing and subject-line information that does not mislead the recipient about who you are or what the message is about;
• include a clear, working, no-cost way to opt out in every commercial message, and include a valid physical postal address where the law requires one;
• honour every opt-out, unsubscribe, and deletion request promptly, and in any event within the period required by law (10 business days under CAN-SPAM), and never contact that person again;
• not send unsolicited bulk email, spam, chain messages, phishing, malware, or deceptive content;
• not contact anyone in a jurisdiction requiring prior consent (including Canada under CASL) unless you have a lawful basis or a valid exemption for that specific recipient;
• have and be able to demonstrate a lawful basis for processing personal data of individuals in the EEA, UK, Switzerland, or any other jurisdiction requiring one, and provide those individuals with the notice required by Article 14 GDPR (or equivalent) when you first contact them;
• respond to and satisfy any access, correction, deletion, or objection request you receive from a person whose data you obtained through the Service;
• not use Contact Data to harass, stalk, threaten, defame, dox, discriminate against, or harm anyone;
• not sell, publish, resell, or redistribute Contact Data as a list or dataset to third parties outside the Service's own trading feature;
• not use Contact Data for any purpose unrelated to legitimate music-industry outreach — no recruitment spam, no crypto or financial promotion, no adult content, no political messaging, no unrelated commercial offers.

6.3 Sending limits

We impose per-account and per-inbox sending caps and minimum intervals to protect sender reputation and platform standing. You must not attempt to evade them by creating multiple accounts, rotating inboxes, or any other means. We may lower any limit at any time.

6.4 Contact trading

Where the Service lets Users trade Contact Data with one another, each party warrants that the data it offers was obtained through the Service, is not subject to a deletion or opt-out request known to that party, and is transferred for the legitimate business purpose of music-industry outreach only. You must not offer data you obtained anywhere else, and you must not trade data belonging to a person who has objected to processing.

6.5 Your platform accounts

If you connect a Google/YouTube, Discord, Stripe, or other account, you are responsible for complying with that platform's terms, and for any suspension, termination, strike, or penalty that platform applies to you. We are not liable for the loss of any Third-Party Platform account, channel, monetisation status, or audience.

7. Third-Party Platforms — no affiliation

Konnect is not affiliated with, endorsed by, sponsored by, or in partnership with Instagram or Meta, TikTok, YouTube or Google, Spotify, SoundCloud, Discord, BeatStars, or any other Third-Party Platform. All names, logos and trademarks belong to their respective owners and are used, if at all, only nominatively to describe interoperability.

Where the Service uses YouTube API Services, you also agree to the YouTube Terms of Service, and the Google Privacy Policy applies to Google's handling of your data. Konnect's use and transfer of information received from Google APIs adheres to the Google API Services User Data Policy, including its Limited Use requirements. You may revoke Konnect's access at any time at Google security settings.

Your use of Discord is governed by the Discord Terms of Service. Your payments are governed by Stripe's terms.

8. Contact Data — source, accuracy, and your responsibility

Contact Data surfaced by the Service is collected from publicly accessible locations — profile bios, "about" sections, public business-contact fields, and public web pages — and, where used, from official platform APIs. Konnect does not sell or provide access to private messages, private accounts, passwords, or data behind a login you do not control.

**We make no representation that Contact Data is accurate, current, complete, deliverable, or appropriate for any particular use, and we do not verify the identity of any person or business it relates to.** Contact Data is provided for your own evaluation. You decide whether and how to use it, and you bear sole responsibility for that decision, including under Section 6.

If a person asks us to remove their information, we will remove it from the Service and you must delete any copy you hold on request. See our Privacy Policy.

9. Credits, plans, billing, and auto-renewal

9.1 Credits

Credits are a limited, revocable, non-transferable licence to use metered features. They are not money, not a deposit, not property, and have no cash value. Credits cannot be exchanged for cash, transferred between accounts, or redeemed except within the Service. We may change the credit cost of any action prospectively.

9.2 Subscriptions renew automatically

Paid plans renew automatically. Unless you cancel before the end of the then-current billing period, your plan renews for another period of the same length and **we charge your payment method on file the then-current price, plus tax, automatically**. Your subscription continues until you cancel.

How to cancel: cancel at any time from the Billing page in the Konnect dashboard, or by emailing support@kiddynaconnect.com. Cancellation takes effect at the end of the current billing period. You keep access, and any credits already granted for that period, until the period ends. **We do not require you to speak to anyone to cancel.**

9.3 Free trials

Where a free trial is offered, it converts to a paid subscription at the end of the trial period and your payment method is charged automatically unless you cancel before the trial ends. The trial length and post-trial price are disclosed at signup.

9.4 Price changes

We may change prices. For subscriptions, we will give you at least 30 days' notice before a price change takes effect for your plan, by email or in-product notice, and the change applies from your next renewal. Continuing after that date is acceptance; if you do not accept, cancel before the renewal.

9.5 Taxes, payment method, and failures

Prices exclude taxes unless stated. You are responsible for all applicable sales, use, VAT, GST and similar taxes. You authorise us and our payment processor to charge your payment method for all amounts due. If a charge fails, we may retry, suspend paid features, and pursue amounts owed.

9.6 Chargebacks

If you dispute a charge, contact us first. Initiating a chargeback without first contacting us is a breach of these Terms, and we may suspend or terminate your account and reverse any credits or features granted.

10. Refunds

**Credits and completed purchases are non-refundable except as required by law or as expressly stated here.** In particular, we do not refund for reduced yield, missing results, downtime, or a Third-Party Platform changing or blocking access, because the Service is metered on work performed, not on outcomes.

Discretionary refunds. If the Service fails materially and we cannot fix it, contact support@kiddynaconnect.com within 14 days of the charge and we will consider a refund or credit in good faith. Nothing here limits any non-waivable statutory right.

EU/UK/EEA consumers — right of withdrawal. If you are a consumer in the EU, UK or EEA you normally have 14 days to withdraw from a distance contract. By purchasing credits or digital content and asking for immediate access, **you expressly request immediate performance and acknowledge that you lose your right of withdrawal once performance has begun and, for digital content, once delivery has started.** Your statutory rights for non-conforming digital content are unaffected.

Marketplace purchases (a Buyer buying a beat from a Producer) are between the Buyer and the Producer and are governed by Section 12, not this Section.

11. User Content and the licence you give us

You keep ownership of your User Content. We claim no ownership of your beats, recordings, compositions, artwork, or copy.

You grant Konnect a worldwide, non-exclusive, royalty-free, sublicensable (to our hosting, transcoding, storage, CDN and platform providers) licence to host, store, copy, transcode, render, reformat, excerpt, publicly display, publicly perform, and transmit your User Content **solely to operate, provide, secure and improve the Service and to carry out the actions you direct** — for example rendering a beat into a video and uploading it to the YouTube channel you connected, streaming a preview on your storefront, or delivering a purchased file to your Buyer. This licence ends when you delete the content or close your account, except for copies already distributed at your direction (for example a video already published to your own YouTube channel), copies retained in routine backups for a limited period, and records we must keep by law.

You also grant us the right to use your storefront name, artwork, and public listing information to display, index, and promote your storefront within the Service and in search engines. You may opt out of promotional use outside the Service by emailing support@kiddynaconnect.com.

11.1 Your content warranties — read this if you use samples

You represent and warrant, for every piece of User Content, that:

• you own it or have all rights, licences, consents and clearances necessary to upload it, publish it, sell it, and grant the licences in these Terms;
• it does not infringe or misappropriate anyone's copyright, trademark, trade secret, publicity, privacy, moral, or other rights;
• any sample, loop, stem, vocal, acapella, drum kit, preset, or AI-generated element you used is cleared or licensed for the exact uses you make of it, including commercial sale and monetised distribution on YouTube, and you have retained proof;
• it is not defamatory, obscene, hateful, harassing, deceptive, or otherwise unlawful;
• any collaborator, co-writer, featured artist, or producer with an interest in it has consented to your use and sale of it;
• it complies with the terms of every platform it will be published to.

**Uncleared samples are the single largest legal risk in beat sales, and it is yours, not ours.** Konnect does not clear samples, does not check ownership, and does not review User Content before publication.

11.2 Feedback

If you send us ideas, suggestions or feedback, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use them for any purpose without obligation or compensation to you.

11.3 Moderation

We have no obligation to monitor User Content, but we may review, refuse, remove, restrict, watermark, de-list, or disable access to any User Content or storefront at any time, for any reason or none, including content we believe violates these Terms or exposes us to liability. Removal is not an admission of any kind.

12. Marketplace, storefronts, and sales

12.1 Konnect is not the seller

Where a Buyer purchases a beat or licence from a Producer through Konnect, **the contract of sale is directly between the Buyer and the Producer.** The Producer is the seller and the merchant of record for that transaction. Konnect provides the storefront, checkout plumbing, and file delivery as an agent of the Producer for the limited purpose of facilitating the transaction. **Konnect is not a party to that contract, does not take title to any beat, and does not hold Buyer funds.**

Payments are processed by Stripe. Producers must complete Stripe Connect onboarding and are bound by the Stripe Connected Account Agreement and Stripe Services Agreement. Charges are created on the Producer's own connected Stripe account; Konnect takes a disclosed platform fee.

12.2 Producer responsibilities

As a Producer you are solely responsible for:

• the accuracy of your listings, prices, previews, and licence terms;
• delivering what you sold, in the quality and format described;
• the licence you grant each Buyer, and honouring it;
• all chargebacks, disputes, and refunds on your sales, which Stripe debits from your connected account;
• all taxes on your sales and payouts, including any sales tax, VAT, GST, income tax and self-employment tax, and any reporting or filing obligation (Stripe may issue you a 1099-K or local equivalent);
• complying with consumer-protection law in your Buyers' jurisdictions, including refund and withdrawal rights for digital goods;
• resolving Buyer complaints in good faith and promptly.

Konnect's platform fee is earned on each completed sale and is non-refundable if you later refund the Buyer, unless we agree otherwise or the law requires otherwise.

12.3 Buyer terms

If you buy through a Konnect storefront, your rights in the beat come from the **licence the Producer grants you**, which is displayed at checkout and delivered with your purchase. Read it. Konnect makes no representation about the Producer, the beat, its originality, its clearance status, or the licence's adequacy for your use. Direct any dispute about a purchase to the Producer first. Because files are delivered digitally and immediately, you acknowledge that delivery begins on purchase.

12.4 Featured placement and boosts

Paid featured placement, boosts, and similar promotional slots are advertising. They affect where a listing appears; they do not constitute an endorsement, ranking on merit, or verification of the listing by Konnect, and paid placement is identified as such.

13. Public API

Access to the public API is subject to these Terms plus any published rate limits and API documentation. API keys are secrets: keep them confidential, do not embed them in client-side code, and rotate them if exposed. You are responsible for all activity under your key. We may throttle, suspend, version, deprecate, or change the API at any time, and will make reasonable efforts to give notice of breaking changes.

14. Copyright — notice and takedown

Konnect respects intellectual property rights and responds to valid infringement notices. Because the Service is used from, and hosts content accessible in, the United States as well as Canada, we maintain a **US Digital Millennium Copyright Act (17 U.S.C. section 512) notice-and-takedown process** (14.1–14.3 below) so that we can rely on US safe harbour for content our Users upload.

Canada — notice-and-notice. For a claim arising under the Canadian *Copyright Act*, R.S.C. 1985, c. C-42, ss. 41.25–41.27, Canada's own regime applies instead: on receiving a compliant notice of claimed infringement, we will forward it to the User who posted the content and retain records identifying that User for the period the *Copyright Act* requires, without an obligation to remove the content unless a court orders it. A rights holder may send a Canadian notice-and-notice claim to dmca@kiddynaconnect.com marked "Canada — Notice of Claimed Infringement", and we will treat it under this regime rather than 14.1–14.3.

14.1 Sending a US DMCA notice

If you believe content on the Service infringes your copyright, send a written notice to our Designated Agent:

Your notice must include all of the following, or it will not be effective:

• your physical or electronic signature;
• identification of the copyrighted work claimed to be infringed;
• identification of the material claimed to be infringing, with enough detail for us to locate it (a direct URL);
• your address, telephone number, and email address;
• a statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent, or the law;
• a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the owner's behalf.

Misrepresentation is actionable. Under 17 U.S.C. section 512(f), anyone who knowingly materially misrepresents that material is infringing may be liable for damages, including costs and attorneys' fees.

14.2 Counter-notice

If your content was removed and you believe that was a mistake or misidentification, you may send a counter-notice to the same address containing: your signature; identification of the removed material and where it appeared; a statement under penalty of perjury that you have a good-faith belief it was removed as a result of mistake or misidentification; your name, address and telephone number; and your consent to the jurisdiction of the federal district court for your district (or, if your address is outside the United States, any judicial district in which Konnect may be found), and that you will accept service of process from the notifier. We may restore the material in 10 to 14 business days unless the notifier files a court action.

14.3 Repeat infringer policy

**We terminate, in appropriate circumstances, the accounts of Users who are repeat infringers. In general, an account that is the subject of three** unresolved, uncontested valid infringement notices will be terminated, and we may terminate sooner for egregious or wilful infringement. Terminated Users forfeit unused credits and may be barred from creating new accounts.

15. Suspension and termination

By you. You may stop using the Service and close your account at any time. Fees already paid are not refunded except under Section 10.

By us. We may suspend or terminate your access, remove content, revoke credits, or close your account immediately and without notice if we believe in good faith that you have breached these Terms (especially Section 6), that your use exposes us or others to legal risk or security risk, that you have not paid, or that we are required to by law or by a Third-Party Platform. Where practical and lawful, we will tell you why and give you a chance to respond.

Effect. On termination your licence ends, your access ends, unused credits are forfeited (except where forfeiture is unlawful), and public storefront pages may be removed. Sections 5, 6, 8, 10, 11, 12, 14, and 16 through 24 survive termination. You may request an export of your data before closure, and we may keep records we need for legal, tax, security, and dispute purposes.

16. Disclaimer of warranties

**THE SERVICE, INCLUDING ALL CONTACT DATA, RESULTS, OUTPUTS, CONTENT, AND FEATURES, IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.**

To the fullest extent permitted by law, we disclaim all warranties, express, implied, statutory or otherwise, including any implied warranties of **merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement**, and any warranty arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free; that defects will be corrected; that any Contact Data is accurate, deliverable, or lawful for you to use; that any message will be delivered, opened, or answered; that any Third-Party Platform will remain accessible or permit our integration; or that your use will not result in action against your accounts by a Third-Party Platform.

**Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. In that case the exclusions apply to the maximum extent permitted.**

17. Limitation of liability

**TO THE FULLEST EXTENT PERMITTED BY LAW, KONNECT AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OPPORTUNITY, PLACEMENTS, SALES, DATA, CONTENT, OR ACCOUNTS (INCLUDING ANY THIRD-PARTY PLATFORM ACCOUNT, CHANNEL, OR MONETISATION STATUS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY.**

**OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU ACTUALLY PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).**

These limits apply to all claims, whether in contract, tort (including negligence), strict liability, statute, or otherwise, and apply even if a limited remedy fails of its essential purpose. They are a fundamental basis of the bargain between us; without them the Service could not be offered at these prices.

**Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.** Nothing in these Terms excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded.

18. Assumption of risk

You acknowledge that discovering contact information, sending outreach, publishing to Third-Party Platforms, and selling digital goods carry inherent risks — including that a platform may rate-limit, restrict, suspend or ban your account; that recipients may complain or report you; that your domain or inbox reputation may suffer; and that a counterparty may dispute a transaction. You knowingly assume those risks.

19. Indemnification

You will defend, indemnify and hold harmless Konnect and its owners, officers, employees, contractors, agents, suppliers and licensors from and against any claim, demand, action, investigation, loss, liability, damage, fine, penalty, cost or expense (including reasonable attorneys' fees) arising out of or relating to:

• your use of the Service or of any Contact Data;
• any outreach, message, or campaign you send, including any claim under CAN-SPAM, CASL, the GDPR/UK GDPR, ePrivacy rules, the TCPA, or any anti-spam, privacy or data-protection law;
• your User Content, including any claim of copyright, trademark, sample, publicity, moral-rights or other infringement;
• any sale you make or licence you grant to a Buyer, and any chargeback, refund or tax obligation arising from it;
• your breach of these Terms or of any Third-Party Platform's terms;
• your violation of any law or of any third party's rights.

We may assume exclusive defence and control of any matter subject to indemnification, at your expense, and you agree to cooperate. You will not settle any matter in a way that imposes obligation or admission on us without our prior written consent.

20. Changes to these Terms

We may update these Terms. If a change is material, we will give reasonable advance notice — by email, in-product notice, or by updating the "Last updated" date and posting a notice — before it takes effect. Continued use after the effective date is acceptance. If you do not accept, stop using the Service and cancel. Changes do not apply retroactively to a dispute of which we already had notice.

21. Dispute resolution — arbitration and class action waiver

**PLEASE READ CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.**

21.1 Informal resolution first

Before starting any proceeding, you agree to first email legal@kiddynaconnect.com with a written description of the dispute, the relief you seek, and your account details, and to negotiate in good faith for 60 days. This is a condition precedent to arbitration. The limitations period is tolled during this period.

21.2 Binding individual arbitration

If we cannot resolve it, **any dispute, claim or controversy arising out of or relating to these Terms or the Service will be resolved exclusively by final and binding individual arbitration, administered by the ADR Institute of Canada** under its Arbitration Rules, as modified by this Section. The *Arbitration Act*, S.B.C. 2020, c. 2 (British Columbia) governs the interpretation and enforcement of this Section. If you reside outside Canada and elect arbitration in your own jurisdiction under Section 21.8, the arbitration body and procedural law of that jurisdiction apply instead, by agreement of the parties at that time.

The arbitration will be conducted by a single arbitrator; will proceed by written submission and telephone or video hearing unless the arbitrator orders otherwise; and will be seated in British Columbia, Canada, or, at your election, in the province or state where you live, or remotely. The arbitrator may award any relief a court could award **to that individual claimant only**, and must issue a reasoned written decision. An award may be entered as a judgment in any court of competent jurisdiction.

21.2a British Columbia and other Canadian consumers — this Section does not override your statutory rights

**This Section 21 does not apply to, and does not limit, any claim you may bring as a consumer under the *Business Practices and Consumer Protection Act*, S.B.C. 2004, c. 2 (the "BPCPA"), or an equivalent consumer protection statute of another Canadian province or territory.** Following *Seidel v. TELUS Communications Inc.*, 2011 SCC 15, a mandatory arbitration clause cannot be used to prevent a British Columbia consumer from pursuing a claim under the BPCPA in the courts of British Columbia, and this Agreement does not attempt to. Such a claim may be brought in court notwithstanding the rest of this Section, which continues to apply to every other kind of claim.

21.3 Class action and jury waiver

**YOU AND KONNECT EACH WAIVE THE RIGHT TO A TRIAL BY JURY (WHERE JURY TRIAL IS AVAILABLE) AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING**, except a claim under the BPCPA or equivalent Canadian consumer protection statute as carved out in Section 21.2a, or another claim that applicable law does not permit to be waived. The arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding. If this paragraph is found unenforceable as to a particular claim or request for relief, that claim or request must be severed and brought in court, and the rest of this Section still applies.

21.4 Mass arbitration

If 25 or more similar claims are filed by or with the coordination of the same counsel, the parties agree the ADR Institute of Canada's mass-claims procedures (or, for claims proceeding under Section 21.8 in another jurisdiction, that jurisdiction's nearest equivalent) apply, and that the claims will proceed in staged batches of no more than 25, with the outcomes used to attempt global resolution before further batches proceed.

21.5 Exceptions

Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive or equitable relief in court to protect intellectual property, confidential information, or to stop unauthorised access to the Service. Neither is a waiver of this Section.

21.6 One-year limitations period

**To the extent permitted by law, any claim must be filed within ONE (1) YEAR after it arises, or it is permanently barred.**

21.7 Your right to opt out of arbitration

**You may opt out of Sections 21.2 through 21.4 by emailing legal@kiddynaconnect.com with the subject line "ARBITRATION OPT-OUT" within 30 days of first accepting these Terms**, including your name and the account identifier. Opting out does not affect any other part of these Terms, and we will not retaliate. If you opt out, Section 22 governs.

21.8 Consumers outside the United States

If you are a consumer resident in the EU, UK, or another jurisdiction whose law gives you a non-waivable right to bring proceedings in your local courts or under local consumer law, this Section 21 does not deprive you of that right, and nothing here limits protections that cannot be limited by agreement.

22. Governing law and venue

These Terms and any dispute arising from them are governed by the laws of the **Province of British Columbia and the federal laws of Canada applicable in it**, without regard to conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

For any dispute not subject to arbitration, you and Konnect consent to the **exclusive jurisdiction and venue of the courts of British Columbia**, and waive any objection to that venue. If you are a consumer, this does not deprive you of the protection of the mandatory law of your province, territory, or country of residence, including the BPCPA carve-out in Section 21.2a.

23. General

• Entire agreement. These Terms, the Privacy Policy, and any terms presented at the point of purchase are the entire agreement between us on this subject and supersede all prior understandings.
• Severability. If any provision is held unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in force.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them freely, including in a merger, acquisition, or sale of assets.
• No third-party beneficiaries, except that our owners, suppliers and licensors may enforce Sections 16, 17 and 19.
• Force majeure. We are not liable for failure or delay caused by events beyond our reasonable control, including platform outages, hosting failures, network attacks, changes in third-party APIs or policy, acts of government, and natural events.
• Relationship. Nothing creates a partnership, joint venture, employment, franchise, or agency relationship between us, except the limited payment-facilitation agency in Section 12.1.
• Export and sanctions. You represent that you are not located in, or ordinarily resident in, a country or region subject to comprehensive US sanctions, and that you are not on any US government restricted-party list. You will not use the Service in violation of export control or sanctions laws.
• US Government users. The Service is "commercial computer software" and is provided with only those rights granted to all other users.
• Notices. We may give notice by email to your account address, or by in-product notice. You give notice to us at legal@kiddynaconnect.com.
• Language. These Terms are drafted in English; any translation is for convenience and the English version controls.
• Headings are for convenience only.

24. Contact

Ethan William White d/b/a Konnect

2931 Fifth Street, Victoria, BC V8T 4B4, Canada