Terms of Service

HomeField US, Inc., d/b/a Kibu

Last Updated: July 7, 2026

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. HomeField US, Inc., d/b/a Kibu (together with its affiliates, “HomeField,” “Kibu,” “we,” “us,” or “our”) provides a platform, products, content, and services that support individuals with intellectual and developmental disabilities (“IDD”) and the organizations, professionals, families, and caregivers who serve them. Kibu offers, among other things: (i) accessible activities and educational, wellness, and fitness content (including video lessons, games, printables, and livestreamed and on-demand classes) designed for individuals with disabilities; and (ii) software tools that help provider organizations and their staff deliver, coordinate, and document care, including AI-enabled documentation and productivity features. We make these offerings available through (a) our websites and country-specific pages (the “Sites”); (b) any Kibu studios or in-person locations we may operate (the “Studios”); (c) our mobile, desktop, tablet, and device applications (the “Apps”); and (d) Kibu-controlled social media pages. The Sites, Studios, Apps, Kibu tablet and studio interfaces, and Kibu-controlled social media pages are collectively the “Kibu Service” or the “Services.” By registering, or by visiting, browsing, or using any part of the Services, you (a “User”) accept and agree to be bound by these Terms of Service (the “Terms”), which form a binding agreement between you and Kibu. If you use the Services on behalf of, or as an individual served by, an organization that has a written Master Subscription Agreement with Kibu, please also read the section titled “Relationship to the Master Subscription Agreement.”

PLEASE READ: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER (SEE “ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER” BELOW). EXCEPT FOR CERTAIN DISPUTES DESCRIBED IN THAT SECTION OR WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND KIBU WILL BE RESOLVED BY FINAL, BINDING, INDIVIDUAL ARBITRATION. YOU WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. YOU MAY HAVE A RIGHT TO OPT OUT; SEE THAT SECTION FOR INSTRUCTIONS AND DEADLINES. IF YOU ACCESS THE ENTERPRISE SERVICES UNDER AN ORGANIZATION’S MASTER SUBSCRIPTION AGREEMENT WITH KIBU, THE DISPUTE-RESOLUTION, GOVERNING-LAW, AND LIABILITY TERMS OF THAT AGREEMENT — NOT THESE TERMS — GOVERN THAT USE. The Services provide educational, wellness, and fitness content and documentation tools; they are not medical, clinical, or behavioral advice, diagnosis, or treatment and are not a substitute for professional judgment (see “Artificial Intelligence Features” and “Safety Warnings” below). If you do not agree to these Terms, do not access or use the Kibu Service. Certain elements of the Services may be subject to additional terms specified from time to time, which are incorporated by reference.

Eligibility; Age Requirements; Members and Guardians. You must be at least 18 years old (or the age of legal majority in your jurisdiction) to purchase a Kibu membership or content subscription and become a Membership Holder. Individuals under 18, and individuals who require a Guardian to act on their behalf, may access and participate in Kibu classes, activities, and content only through, and with the involvement of, a parent, legal guardian, or other authorized representative, or through a provider organization that serves them, and in each case subject to (i) any clearance to participate that a qualified professional determines is appropriate; (ii) appropriate supervision; (iii) compliance with all safety precautions and instructions; and (iv) resting, hydrating, and modifying activity as needed. Where the Services are provided to an individual with a disability (a “Member”) through a provider organization, the organization and, where applicable, the Member’s Guardian are responsible for determining whether the Services and any activity or content are appropriate for that Member. We may, in our sole discretion, refuse to offer the Kibu Service to any person or entity and may change eligibility criteria at any time. You are solely responsible for ensuring that your use complies with all laws applicable to you, and your right to access the Kibu Service is revoked where prohibited by law. The Kibu Service is offered for personal, non-commercial use, or, where an organization holds an Organization License under an MSA, for that organization’s internal, educational, data-tracking, care-delivery, and documentation uses solely as provided in the MSA.
Relationship to the Master Subscription Agreement; Enterprise Services; Members and Guardians. Kibu makes certain Services available to provider organizations and their personnel under a separate written Master Subscription Agreement, including any Order Form and Business Associate Agreement (collectively, an “MSA”). Those Services (the “Enterprise Services”) include the provider-facing documentation, workflow, reporting, analytics, and AI features, and the hosting and processing of records and protected health information on a provider’s behalf. If you access or use the Enterprise Services as an employee, contractor, or agent of an organization (an “Authorized User”), as an individual to whom the organization provides services (a “Member”), or as a Member’s parent, legal guardian, conservator, or other authorized representative (a “Guardian”), then the organization’s MSA governs that access and use, and, to the extent of any conflict with these Terms as to the Enterprise Services, the MSA (including its Business Associate Agreement as to protected health information) controls. Capitalized terms used in connection with the Enterprise Services and not defined here (including “Authorized User,” “Member,” “Guardian,” “Customer Data,” “Protected Health Information,” “AI Features,” and “Services”) have the meanings given in the MSA. As between Kibu and the organization, the organization is responsible for provisioning its Authorized Users, for determining the capacity of each Member and the authority of each Guardian, and for obtaining all notices, consents, and authorizations required for Members and Guardians (including, where a Member is a minor, any verifiable parental or guardian consent required by law), as further set forth in the MSA. These Terms govern (a) general visitors to the Sites; (b) individuals who purchase or use Kibu’s consumer content, classes, and products directly; and (c) any use of the Services not covered by an MSA.
License to Use the Kibu Service. Subject to your compliance with these Terms, and only while you are permitted to access the Kibu Service, Kibu grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Kibu Service, including to view Content made available to you and to download and install a single copy of any Kibu App onto one device you own or control, provided you keep intact all proprietary notices. Kibu offers two license modes: an Individual License, which permits personal, non-commercial use by a single User; and an Organization License, which, where expressly granted to your organization under a Master Subscription Agreement or Order Form, permits the internal, educational, data-tracking, care-delivery, and documentation uses specified in that agreement across organization-managed devices and by the organization’s Authorized Users. This license remains in effect until terminated by you or Kibu, or automatically upon your violation of these Terms. Except as expressly permitted in these Terms, in an MSA, or in writing by an authorized Kibu representative, you will not, and will not permit any third party to, copy, reproduce, modify, adapt, translate, create derivative works of, publicly perform or display, transmit, distribute, sell, lease, sublicense, or otherwise exploit the Kibu Service or any Content; decompile, reverse engineer, or attempt to derive source code; bypass, interfere with, or disrupt security or access controls; damage, disable, overburden, or impair the Kibu Service; or use the Kibu Service or Content for any purpose other than the use expressly permitted to you. All rights not expressly granted are reserved.
Account Types and License Limitations. When registering, you must select an account type consistent with your intended use and user count. An Individual Account is for a single natural person’s personal, non-commercial use only and may not be shared or transferred; any sharing or transfer is a violation of these Terms and may result in suspension or termination. An Organization Account is for use by a provider or other organization under an MSA and includes a specified number of seat or Authorized-User licenses, each assigned to one individual; the organization is responsible for managing seats, for its Authorized Users, and for ensuring actual users do not exceed the licensed quantity, as further provided in the MSA. Any overuse or misuse may result in additional fees or termination as provided in the MSA or, absent an MSA, as we determine. We may monitor usage for compliance and request verification where misuse is suspected.
Privacy; Health Data. Please review our Privacy Policy to understand what information we collect, how we use it, and with whom we share it. Where Kibu processes Protected Health Information or other Customer Data on behalf of a provider organization through the Enterprise Services, that processing is governed by the organization’s MSA and Business Associate Agreement and by applicable law, including HIPAA, which control over the Privacy Policy to the extent of any conflict as to that data. You are responsible for providing any notices and obtaining any consents required for information you submit about yourself or others.
Membership Requirements; Registration. To enjoy full access to the Kibu Service, you must register as a member and enter into a subscription for our live and on-demand classes, Content, and features (a “Subscription”). Your Subscription is also governed by our Membership Terms. You must provide complete and accurate registration information, complete the Subscription process, and promptly update us if your information changes; if your account information is not kept current, we may suspend or terminate your Subscription. Participation in our in-studio live classes is subject to additional fees that are separate from Subscription fees for our online Content. You must maintain an account on our studio website to sign up for in-studio classes or purchase studio memberships, but a Subscription is not required. Additional information about in-studio class packs and memberships is available on our studio website. You may not use another person’s name, or any name, location, profile information, or image that violates third-party rights or law, or that we deem offensive, obscene, or otherwise objectionable in our sole discretion. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard your password and, if you use a device others can access, log out after using the Kibu Service. If you become aware of unauthorized access to your account, change your password and notify our Support team immediately.
Membership Structure and Fees. We provide information about our then-current in-studio membership and Subscription requirements on the Kibu Site and through other parts of the Kibu Service. Membership features and prices are subject to change at any time.
Sale of Products. We accept orders for Kibu equipment, apparel, and accessories offered through the Kibu Site or at Kibu locations; product availability cannot be guaranteed. Product, service, and other information are subject to correction and change without notice, and advertising depictions, graphics, and diagrams are illustrative only and may not reflect actual products or component availability; colors, styles, and other variants shown are for illustration only and may change. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct errors, inaccuracies, or omissions. Unless otherwise specified at purchase, you must pay when you place your order; all products will be delivered to the shipping address you provide. We may cancel any order at any time and for any lawful reason prior to shipment; if we cancel after you have paid, we will refund any amounts you prepaid for the canceled products. We may send an acknowledgment of receipt of your order to the email address you provide and/or provide proof-of-purchase information through the Kibu Site after your payment has been processed. Apparel purchases are final and not eligible for return or exchange, except where required by law.
Termination; Account Deletion. These Terms begin when you first use the Kibu Service and continue while you have an account or continue to use the Kibu Service. We may, in our sole discretion, suspend, disable, or delete your account (in whole or in part) and/or remove User Content for any lawful reason, including if we determine you have violated these Terms. If we delete your account, you may not re-register under another identity, and we may block access to prevent re-registration. Upon termination or account deletion, all licenses granted to you terminate, and the provisions of these Terms that by their nature should survive — including those governing Privacy, User Content, Indemnification, No Warranties, Limitation of Liability, Safety Warnings, Intellectual Property, the Arbitration Requirement and Class Action Waiver, and Governing Law — survive. If your account is deleted, User Content may no longer be available, and we are not responsible for its loss. Suspension, termination, data export, and deletion for the Enterprise Services, and the handling of Customer Data and Protected Health Information, are governed by the applicable MSA and Business Associate Agreement, which control over this Section as to that data. If you cancel a consumer Subscription or it is terminated, you will lose access to the related classes, Content, and features.
User Content; Customer Data. “Content” means text, graphics, images, music, software, audio, video, and other materials made available through the Kibu Service; “User Content” means Content that users (including you) provide for availability through the Kibu Service. This Section applies only to User Content submitted through the consumer Services (for example, public posts, community submissions, reviews, and testimonials). It does not apply to records, documentation, notes, personal information, or Protected Health Information that an Authorized User, Member, or Guardian submits to or generates within the Enterprise Services, all of which constitute “Customer Data,” are owned by the applicable organization as provided in the MSA, and are processed by Kibu only as permitted by the MSA and Business Associate Agreement. Kibu does not claim the license below to Customer Data or Protected Health Information. For consumer User Content: you are solely responsible for it; you represent that it is accurate and lawful and that you own or have all rights necessary to grant the rights below; and you grant Kibu a worldwide, non-exclusive, sublicensable, transferable, royalty-free license to host, store, copy, transmit, distribute, publicly perform and display, adapt, modify, translate, create derivative works from, and otherwise use such consumer User Content to operate, provide, and promote the Services, to the extent permitted by law. You also grant other users a limited license to view your consumer User Content for their permitted use. If you provide suggestions, feedback, reviews, or testimonials, you grant Kibu a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use and incorporate them for any purpose without compensation, consistent with the Feedback terms of the MSA where applicable. You may delete your consumer User Content, but copies may persist in backups or caches; we are not responsible for removal or retention except as required by law or, for Customer Data, as provided in the MSA.
Artificial Intelligence Features. Certain Services include features that use machine learning or generative artificial intelligence to produce outputs based on inputs (“AI Features” and “AI Output”). AI Output is probabilistic and may be incomplete, inaccurate, biased, or non-unique, and is provided as a decision-support aid only. AI Output does not constitute medical, clinical, behavioral, legal, financial, or other professional advice and is not a substitute for the independent judgment of a qualified professional or for a Guardian’s or caregiver’s own judgment. You are responsible for human review of AI Output before relying on it and for all decisions and actions taken based on it. The Services, including AI Features, are not a medical device and are not intended to diagnose, treat, cure, mitigate, or prevent any disease or condition. For the Enterprise Services, Kibu’s use of AI Features and its handling of Customer Data and Protected Health Information (including any restrictions on model training) are governed by the MSA and Kibu’s Responsible AI Policy; Kibu does not use Protected Health Information to train generally available models except as permitted by the MSA. For consumer use, you will not use AI Features to make automated decisions producing legal or similarly significant effects on any individual without meaningful human review, or to input data you lack the right to provide.
Rights and Terms for Apps. Subject to your compliance with these Terms, Kibu grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and install one copy of any Kibu mobile or desktop application (each, an “App”) on a device you own or control and to run that copy solely for your personal, non-commercial use; and as applicable, an organization license if expressly granted to your organization in a separate agreement or order which permits internal, educational, data-tracking, and service-delivery uses within the organization only. You may make a reasonable number of backup or archival copies, but otherwise you may not copy, modify, create derivative works of, distribute, transfer, sublicense, lease, lend, or rent the App; reverse engineer, decompile, or disassemble the App (except to the extent such restrictions are prohibited by law); or make the App’s functionality available to multiple users by any means not expressly permitted. We reserve all rights in and to the App not expressly granted. If you access or download an App from an app store or distribution platform (e.g., the Apple App Store or Google Play) (each, an “App Provider”), you acknowledge that these Terms are between you and Kibu only, not with the App Provider; the App Provider has no obligation to provide maintenance or support for the App; in the event of any failure of the App to conform to an applicable warranty, you may notify the App Provider and (if applicable) the App Provider will refund the purchase price for the App, and to the maximum extent permitted by law the App Provider will have no other warranty obligation whatsoever; as between you and Kibu, we are responsible for addressing any claims relating to the App or your possession or use of the App, including product liability, consumer-protection, and intellectual-property claims; you must also comply with all applicable third-party terms of service when using the App; and you represent and warrant that you are not located in, and will not export or re-export the App to, any embargoed country or region and that you are not on any U.S., U.K., E.U., or other applicable government sanctions or restricted-party list. The App Provider is a third-party beneficiary of this paragraph and may enforce it. Individual and organizational subscribers may cancel services in accordance with our Membership Terms; unless otherwise stated, cancellation takes effect at the end of the then-current paid term and refunds are provided only where required by law.
General Prohibitions; Enforcement Rights. You agree not to: (i) post, upload, publish, submit, or transmit any User Content or engage in any activity that infringes, misappropriates, or violates any third party’s patent, copyright, trademark, trade secret, moral, publicity, or privacy rights; violates any law or regulation or gives rise to civil liability; is fraudulent, false, misleading, or deceptive; is defamatory, obscene, pornographic, vulgar, or offensive; promotes discrimination, bigotry, racism, hatred, harassment, or harm; is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity; exploits minors; or promotes illegal or harmful activities or substances; (ii) download or install any third-party software or application on any Kibu-branded hardware or device (excluding assistive technologies necessary for your own use of the Kibu Service, such as screen readers) unless we expressly permit it in writing; (iii) use, display, mirror, or frame the Kibu Service or any element within it, our name, trademarks, logos, proprietary information, or the layout and design of any page or form without our express written consent; (iv) access, tamper with, or use non-public areas of the Kibu Service, our computer systems, or our providers’ technical delivery systems; (v) probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures; (vi) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure we or our providers or any third party (including another user) implement to protect the Kibu Service or Content; (vii) bypass any territorial (including IP-based) restrictions applied to the Kibu Service; (viii) access, scrape, or search the Kibu Service or Content, or download Content, using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data-mining tools, plug-ins, or add-ons) other than the software and/or search agents we provide or generally available third-party web browsers; (ix) send unsolicited or unauthorized advertising, promotions, emails, junk mail, spam, chain letters, or other solicitations; (x) use meta tags or other hidden text or metadata utilizing any Kibu trademark, logo, URL, or product name without our express written consent; (xi) use the Kibu Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party in any manner not permitted by these Terms or expressly authorized by us in writing; (xii) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or otherwise use the Kibu Service or Content to send altered, deceptive, or false source-identifying information; (xiii) decipher, decompile, disassemble, or reverse engineer any software used to provide the Kibu Service or Content (except to the extent such restrictions are prohibited by law); (xiv) interfere with, or attempt to interfere with, any user, host, or network, including by sending a virus, overloading, flooding, spamming, or mail-bombing the Kibu Service; (xv) collect or store any personally identifiable information from the Kibu Service about other users without their express permission; (xvi) copy, use, index, disclose, or distribute any information or data obtained from the Kibu Service (whether directly or via third parties, such as search engines) without our express written consent; (xvii) alter, replicate, store, distribute, or create derivatives from Content except as expressly permitted in writing by us; (xviii) impersonate or misrepresent your affiliation with any person or entity; (xix) access, use, or exploit the Kibu Service in any manner (other than as expressly permitted by these Terms) to build, develop (or commission the development of), replicate, or consult on any product or service that competes, directly or indirectly, with Kibu or the Kibu Service; (xx) violate any applicable law or regulation; or (xxi) encourage or enable anyone else to do any of the foregoing. You also agree to abide by our Member Code of Conduct (++https://kibu.com/member-code++). Although we are not obligated to monitor access to or use of the Kibu Service or Content or to review or edit any User Content, we may do so to operate the Kibu Service, ensure compliance with these Terms, comply with law, and maintain the integrity and reputation of the Kibu Service and our systems; we may remove or disable access to any User Content at any time and without notice (including where we, in our sole discretion, consider it objectionable or in violation of these Terms), investigate violations, and consult and cooperate with law-enforcement authorities to prosecute users who violate the law.
Member Interactions; Dealings with Third Parties. When interacting with other members or users of the Kibu Service, you should use caution and common sense to protect your personal safety and property. Your participation, correspondence, and personal or business dealings with any third party found on or through the Kibu Service, including payment and delivery of goods or services, donations for fundraisers, and any related terms, conditions, representations, or warranties, are solely between you and that third party; we are not a party to those dealings and, to the fullest extent permitted by law, we are not responsible or liable for any loss, damage, injury, or other matters arising from them. When visiting or taking classes at our Studios, please note that we are not responsible for lost or stolen items, and all visitors, guests, and members must comply with then-current Studio policies and the directions of Studio employees and representatives.
Indemnification. To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Kibu, our affiliates, and our respective directors, officers, employees, agents, and representatives from all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, that arise from or relate to your access to or use of the Kibu Service, any User Content submitted by or on your behalf, or your violation of these Terms. We may assume the exclusive defense and control of any matter subject to indemnification by you, and you will cooperate. Indemnification obligations between Kibu and an organization for the Enterprise Services are governed by the applicable MSA and not by this Section.
Third-Party Software and Applications. Downloading or installing any third-party software or applications on any Kibu-branded hardware or device that we have not expressly authorized in writing constitutes a breach of these Terms. Any such download or installation is at your own risk and may void any applicable warranty or support commitments from Kibu. This restriction does not apply to assistive technologies necessary for your own use of the Kibu Service, such as screen readers, to the extent permitted by law and our policies.
Third-Party Links and Content. The Kibu Service may link to or display websites, applications, services, content, products, or materials provided by third parties (collectively, “Third-Party Sites” and “Third-Party Content”). We do not control, endorse, or adopt any Third-Party Sites or Third-Party Content and make no representations regarding their legality, accuracy, or appropriateness. Your access to and use of Third-Party Sites and Third-Party Content is at your sole risk and is subject to the terms and privacy policies of those third parties. To the fullest extent permitted by law, we are not responsible or liable, directly or indirectly, for any damage or loss arising from or related to your access to or use of any Third-Party Sites or Third-Party Content.
No Warranties. We may modify the Kibu Service at any time, and you are responsible for your own access and equipment. THE KIBU SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND YOU USE IT AT YOUR OWN RISK. Except as expressly provided in writing by us in connection with a purchase, and to the extent permitted by law, we disclaim all warranties, express, implied, or statutory, including merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, and warranties arising from course of dealing or usage of trade, and we make no warranty that the Kibu Service will be uninterrupted, error-free, or secure, that Content or AI Output will be accurate, complete, reliable, or suitable for any individual, or that the Kibu Service will meet your needs. Any warranty for the Enterprise Services is stated solely in, and governed by, the applicable MSA, and this Section does not limit an organization’s express warranty rights under its MSA. TO THE EXTENT ANY DISCLAIMER DOES NOT APPLY, AND TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE YOU FIRST USED THE KIBU SERVICE.
Limitation of Liability. To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, goodwill, use, or data, or service interruption, on any theory, even if a limited remedy fails of its essential purpose. Our total liability to you for all claims arising out of or relating to the Kibu Service or these Terms will not exceed the amount you actually paid us for the Kibu Service in the twelve (12) months preceding the event giving rise to the first claim. For the Enterprise Services provided under an MSA, the limitations, exclusions, and liability caps set forth in that MSA govern the liability of Kibu and the organization to each other and control over this Section as to the Enterprise Services. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. These exclusions and limitations are fundamental elements of the basis of the bargain.
Safety Warnings. Kibu’s activities, classes, and educational, wellness, and fitness Content are provided for educational and general-wellness purposes only and are not medical, clinical, behavioral, or healthcare advice, diagnosis, or treatment. Before participating in any class, activity, or fitness or wellness program, the participant (or, for a Member, the participant’s Guardian, caregiver, or supervising professional) should obtain appropriate medical clearance and confirm the activity is suitable for the participant, and should supervise and modify activity as needed. Do not disregard or delay professional medical or behavioral advice because of anything on the Kibu Service; use is at the participant’s own risk, and no professional relationship is created by use. Content is continually developed, and we make no warranty as to its accuracy, completeness, or suitability for any individual. If a participant experiences dizziness, shortness of breath, chest pain, pain, or other distress, stop immediately and seek care. We may refuse or cancel membership where a representation in this Section is untrue.
Ownership; Intellectual Property; Reservation of Rights. The Kibu Service and all Content are owned by or licensed to Kibu and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. As between you and Kibu, we and our licensors own all right, title, and interest in and to the Kibu Service and Content, including the selection, coordination, arrangement, and enhancement of all Content and all software and technology used to provide the Kibu Service. All Kibu generated content, and content provided to us by partners and licensors, is copyrighted individually and as a collective work in all forms, media, and technologies now known or later developed. Your rights to use the Kibu Service and Content are limited to those expressly granted in these Terms, and you may not use any Kibu names, logos, or trademarks without our prior written permission. All rights not expressly granted are reserved.
Intellectual Property Usage and Reporting Infringement. We respect intellectual property rights and expect you to do the same. You are solely responsible for ensuring that your User Content and your use of the Kibu Service do not infringe any copyright, trademark, patent, trade secret, moral right, right of publicity, or other rights. If you believe any Content on the Kibu Service infringes your rights or the rights of someone you represent, please notify our support team using the contact information provided on the Kibu Site and include the following: (i) identification of the work you claim is infringed, (ii) identification of the material you believe is infringing and its location on the Kibu Service, such as a URL or other sufficient detail, (iii) your name, postal address, telephone number, and email address, (iv) a statement that you have a good faith belief that the disputed use is not authorized by the rights owner, its agent, or the law, and (v) a statement that the information in your notice is accurate and that you are the rights owner or are authorized to act on the owner’s behalf. We may remove or disable access to the reported material and may suspend or terminate accounts of repeat infringers consistent with these Terms. Knowingly submitting a false or misleading infringement report may subject you to liability.
Governing Law; Jurisdiction. These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules and excluding the U.N. Convention on Contracts for the International Sale of Goods. For any non-arbitrable Dispute, the exclusive jurisdiction and venue are the state and federal courts located in Delaware, and you consent to personal jurisdiction there. The U.S. Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Requirement and Class Action Waiver. This Section aligns the governing law of these Terms with the Master Subscription Agreement; where an MSA applies, its governing-law and dispute-resolution terms govern the Enterprise Services.
Arbitration Requirement and Class Action Waiver. To the fullest extent permitted by law, you and Kibu agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Kibu Service or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in any class, representative, or consolidated proceeding. The U.S. Federal Arbitration Act governs this Section, and, to the extent state law applies, the laws of the State of Delaware apply without regard to conflict-of-laws rules, consistent with the Master Subscription Agreement. You and Kibu each waive the right to a jury trial and to participate in a class action. As limited exceptions, you may bring a qualifying Dispute in small claims court, and either party may seek injunctive or other equitable relief in court to protect intellectual property or confidential information. Before starting arbitration, the parties will attempt in good faith to resolve the Dispute informally: you agree to send a written Notice of Dispute to Kibu’s Legal Department describing the Dispute and the relief sought, and if it is not resolved within thirty (30) days after Kibu receives it, either party may commence arbitration. Arbitration will be administered by JAMS under its rules then in effect (its Streamlined Arbitration Rules for consumer Disputes, or, for Disputes involving the Enterprise Services, its Comprehensive Arbitration Rules and Procedures), before a single neutral arbitrator with relevant experience, except as modified by these Terms. Unless the parties agree otherwise, an in-person hearing for a consumer Dispute will take place in the county where you live, or may be conducted by videoconference. The arbitrator has exclusive authority to resolve issues about the scope and enforceability of this arbitration agreement. Payment of filing, administration, and arbitrator fees will follow the JAMS rules; for a consumer Dispute, you will pay no more than the applicable consumer filing fee and Kibu will pay the remaining JAMS fees, and Kibu will not seek its attorneys’ fees from you except as permitted for frivolous claims. You and Kibu may bring claims only in an individual capacity; neither JAMS nor the arbitrator may consolidate claims or preside over any class or representative proceeding, and if this class-action waiver is found unenforceable, this entire Section is null and void. If Kibu changes this Section after you first accept these Terms, you may reject the change by written notice within thirty (30) days, in which case the version in effect when you first accepted governs. You may opt out of arbitration by sending written notice to Kibu’s Legal Department at 78 Harvard Ave, Floor 3, Stamford, CT 06902 (and by email to the address posted on the Kibu Site) within thirty (30) days after you first agree to these Terms, including your name, account email, mailing address, and a statement that you elect to opt out; if you opt out, the class-action waiver does not apply and the Governing Law; Jurisdiction section governs any Dispute not required to be arbitrated. If you access the Enterprise Services under an MSA, the dispute-resolution terms of that MSA govern those Disputes instead of this Section.
Interpretation; Severability; Waiver; Remedies. Headings are for convenience only and do not affect the interpretation of these Terms. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be severed and the remaining provisions will remain in full force and effect. No failure or delay by us in exercising any right or remedy under these Terms operates as a waiver of that or any other right or remedy, and any waiver is effective only if in a writing signed by our duly authorized representative. Our rights and remedies under these Terms are cumulative and not exclusive.
Successors; Assignment; No Third-Party Beneficiaries. These Terms are binding on and inure to the benefit of you and Kibu and each of our respective successors and permitted assigns. You may not assign or transfer these Terms, or any rights or obligations hereunder, by operation of law or otherwise without our prior written consent, and any attempted assignment in violation of this section is void. We may assign these Terms, in whole or in part, without notice to you, including to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets. Except as expressly provided in these Terms, no person or entity other than you and Kibu has any rights as a third-party beneficiary.
File Storage Policy. We provide file storage within the consumer Services for permitted User Content, submitted through our user interface; uploading through any API or automated means is prohibited unless we expressly authorize it in writing. We may set file-type, size, quota, and rate limits (currently PDF and image files up to 25 MB per upload, unless a written agreement provides otherwise) and may suspend or restrict access for violations. Consumer storage is provided for convenience and is not a backup or records-retention service; you should keep your own copies. This Section does not apply to Customer Data or Protected Health Information processed through the Enterprise Services, which are stored, retained, backed up, exported, and deleted as provided in the applicable MSA, Business Associate Agreement, and Security Addendum. We may monitor usage for compliance and security.
Notices. You consent to receive all communications, including notices, agreements, disclosures, and other information from Kibu electronically, and we may communicate by email or by posting on the Kibu Service. For support-related inquiries, you may email our support team at support@kibu.com. For all other notices to Kibu, write to: HomeField US, Inc., d/b/a Kibu, 78 Harvard Ave, Floor 3, Stamford, CT 06902, Attn: Legal Department. Nothing in these Terms limits our right to object to subpoenas, claims, or other demands.
Modification. We may update these Terms at any time in our sole discretion. If we do, we will provide notice at least by posting the updated Terms with a revised “Last Updated” date on the Kibu Site and within the Kibu Service; unless stated otherwise, modifications are effective when posted. Your continued use after posting constitutes acceptance, except as provided in the Arbitration Requirement and Class Action Waiver section regarding changes to that section. These Terms do not amend, and Kibu will not unilaterally modify through these Terms, a signed Master Subscription Agreement, which may be amended only as provided in that agreement. We may change, suspend, or discontinue any part of the Kibu Service at any time.
Entire Agreement; Order of Precedence. These Terms incorporate by reference, as applicable and as posted on the Kibu Site, our Membership Terms, Privacy Policy, Responsible AI Policy, any Warranty or Return Policy, and other supplemental terms. In the event of a conflict between another posted policy and these Terms, these Terms control. However, if you use the Enterprise Services under a Master Subscription Agreement between Kibu and an organization, that MSA — including its Order Form, Business Associate Agreement, Security Addendum, and Responsible AI Policy — governs that use and controls over these Terms and any posted policy to the extent of any conflict as to the Enterprise Services. Except for the Enterprise Services governed by an MSA, these Terms are the entire agreement between you and Kibu regarding the Kibu Service and Content and supersede prior agreements on that subject.
Force Majeure. Neither party is liable for any failure or delay in performing under these Terms, other than the obligation to pay amounts when due, to the extent caused by events beyond that party’s reasonable control and not resulting from its fault or negligence, including acts of God, acts of government, war, civil unrest, terrorism, embargoes, epidemics or pandemics, public health emergencies, fire, flood or other natural disasters, strikes or other labor disputes, failures or interruptions of utilities, communications, or transportation, or cyber events such as denial of service attacks, malware, or other malicious acts affecting the internet, an internet service provider, or a hosting facility. The affected party must use commercially reasonable efforts to mitigate the effects and resume performance as soon as practicable and must provide prompt notice and reasonable status updates upon request. Any performance deadline will be extended for a period equal to the time lost due to the force majeure event.