Terms of Service and Privacy Policy

General Terms

General: These Terms of Service ("Terms") are a legal agreement between JKBC, LLC., its Affiliates ("JKBC" or "we") and you ("you"). Affiliates shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. By using or accessing any JKBC game or application, including but not limited to the “Thinx” IQ test application ("Service"), you agree to be bound by these Terms. JKBC’s Privacy Policy is incorporated herein by reference. By accessing or using the Service, you agree that you have read, understood, and accept to be bound by the Terms. JKBC reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. If you do not agree to the Terms, do not use the Service.

Users are responsible for periodically viewing the Terms. Your continued use of the Service after a change or update has been made will constitute your acceptance to the revised Terms. If you do not agree to the Terms your only remedy is to discontinue your use of the Service and cancel any accounts you have made using the Service.

If you violate the Terms, JKBC reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that JKBC need not provide you notice before terminating or suspending your account(s), but it may do so. JKBC reserves the right to refuse any user access to the Services without notice for any reason, including, but not limited to, a violation of the Terms.

You agree that JKBC may discontinue the Service or change the content of the Service at any time, for any reason, with or without notice to you, without liability.

You represent that you are 13 years old or older. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.

Intellectual Property/Ownership: All materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the U.S. copyright laws and/or similar laws of other jurisdictions.

You agree that no materials that are part of the Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without JKBC's express prior written permission. All other uses of copyrighted material, including any derivative use, require express prior written permission from JKBC. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties.

JKBC and/or its licensors remain the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by JKBC. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any materials posted on the Service by JKBC, or any derivative works thereof. JKBC grants you a personal, non-exclusive, non-transferable, revocable, limited scope license to use the Service solely for the purpose of viewing and using the applicable Services and for no other purpose whatsoever. Your license to use the Services is limited by these Terms.

User Content: You agree that you are willingly publishing the content on the Service using technology and tools provided by JKBC. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network or other medium without the explicit written permission of JKBC. You grant JKBC the right to act as an agent on your behalf as operator of the application.

Any data, text, graphics, photographs and their selection and arrangement, (hereinafter "User Content") uploaded to the Service are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by JKBC. Text, graphics, and photographs are uploaded by you and are the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and JKBC is not responsible for any files users upload, post, or otherwise make available. JKBC may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the JKBC application. You agree that JKBC will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content.

JKBC reserves the right to remove and permanently delete any User Content from the Service with or without notice.

Rules of Conduct/Usage: The JKBC Service may provide communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users. JKBC has no obligation to monitor these communication channels but it may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. JKBC may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by JKBC, and these communications should not be considered reviewed or approved by JKBC. JKBC will not under any circumstance be liable for any activity within Communication Channels. You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. JKBC is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.

You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to:

Receiving and Sending Text Messages and Inviting Your Contacts: Adding new contacts into JKBC allows you to keep your contacts up to date about any activity you are engaging in on JKBC apps. BY SIGNING UP FOR THE SERVICE, YOU AGREE TO RECEIVE TEXT MESSAGES FROM US, AND YOU REPRESENT AND WARRANT THAT EACH PERSON YOU ADD TO YOUR JKBC CONTACTS HAS CONSENTED TO RECEIVE TEXT MESSAGES FROM YOU AND TO RECEIVE TEXT MESSAGES FROM YOU THROUGH JKBC. FURTHER, YOU ACKNOWLEDGE THAT WHEN YOU AGREE TO INVITE YOUR CONTACTS TO THE SERVICE, JKBC MAY SEND SMS/TEXT MESSAGES/EMAILS TO YOUR CONTACTS ON YOUR BEHALF. NOTE THAT JKBC MAY PARTNER WITH THIRD PARTIES TO DELIVER SUCH SMS/TEXT/EMAIL MESSAGES.

Text Messaging Fees: We do not charge a fee to use JKBC, however you should be aware that when you use JKBC to send or receive text messages, you may be charged for the transmission and/or receipt of such messages by your telecommunications service provider in accordance with standard text messaging rates. Additionally, text messages sent and/or received count towards any message quota established by your provider. Please be aware that texting charges can fluctuate internationally. We suggest that you contact your telecommunications service provider for any questions concerning international texting charges.

Disclaimer of Warranty; Limitation of Liability: You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, JKBC, its Affiliates, officers, directors, employees, and agents disclaim all warranties, express or implies, in connection with the Service and your use thereof including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. JKBC makes no warranties or representations about the accuracy or completeness of the content of the Service and of the content of any sites linked to the Service; JKBC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.

In no event will JKBC, its Affiliates, directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not JKBC has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that JKBC shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

You agree to indemnify and hold JKBC, and each of its Affiliates, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) any Content you post or share on or through the Service.

Governing Law: By visiting or using the Service, you agree that the laws of California, without regard to principles of conflict of laws and regardless of your location, will govern these Terms of Service. JKBC reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of JKBC following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND JKBC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Dispute Resolution: READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM JKBC. In the unlikely event that JKBC has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any JKBC claims for injunctive or other equitable relief) arising out of or in connection with or relating to your access to and/or use of the Service, these Terms of Use or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the Judicial Mediation and Arbitration Services ("JAMS") under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in San Francisco, California, unless you and JKBC agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing JKBC from seeking injunctive or other equitable relief from the courts as necessary to protect any of JKBC’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND JKBC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Privacy and Protection of Personal Information

Your Contacts/Address Book: With your permission, JKBC may access your contact list available on your mobile device, your email accounts, or through third parties such as Facebook, Instagram, Google and others so that you may share aspects of the Service with your friends, or invite others to join the JKBC Service. When you invite others to join JKBC, we send a one-time text message on your behalf to that referral. We do not use your contact list information for any purpose other than to send invitations or messages on your behalf and with your explicit consent. We may store your address book information on our servers.

Other Information. When you connect JKBC to your social media accounts or third party sites or services, such as Facebook, Instagram, Google and others, we may receive information from those services including your profile information, photos and videos, friends and contact lists, user name, user ID associated with your third party account, age range, language, country, and any other information you permit the social network to share with third parties. The data we receive is dependent upon your privacy settings with the third party site or social network, and we will not post information about you on third party social media sites without your consent. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our Service.

We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages, text messages and push notifications, and to permit you to invite others to join the Service. We may also use information about your activities on the Service, including but not limited to your IQ score and test results, to provide personalized content, including targeted advertising. We may also send you Service-related emails or messages (e.g., account verification, change or updates to features of the Service, technical and security notices).

Information We Collect Automatically Through the Use of Technology. When you visit our website or use our mobile apps, we and our third party business partners may collect certain information about your computer or device through tracking technology such as cookies, web beacons, log files, or other tracking/recording tools. The information we collect through the use of tracking technologies includes, but is not limited to, IP address, browser information, referring/exit pages and URLs, click stream data and information about how you interact with links on the website, mobile app, or Service, domain names, landing pages, page views, cookie data that allows us to uniquely identify your browser and track your browsing behavior on our site other persistent identifiers. Some or all of this data may be combined with other personally identifying information described above. When you access our Service by or through a mobile device, we may receive or collect and store a unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), Google Ad ID, or Windows Advertising ID or other identifier), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude), WiFi location or similar information regarding the location of your mobile device. We use this information to (i) remember information so that you will not have to re-enter it during your visit or the next time you visit the site or mobile app, (ii) provide custom, personalized content and information, including advertising, (iii) monitor the effectiveness of our Service and our marketing campaigns, (iv) monitor aggregate metrics such as total number of visitors, users, traffic, and demographic patterns, (v) diagnose or fix technology problems, and (vi) automatically update our mobile application on your system and related devices.

We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third party applications, and other information that assists us in analyzing and improving the Service. Although we do our best to honor the privacy preferences of our users, we are not able to respond to Do Not Track signals from your browser at this time.

Your IQ Score and Test Results: Your overall IQ score is calculated relative to the population of users that have taken the particular Thinx IQ test you completed. It is possible that your actual IQ score is higher than Thinx calculates, as it is probable that the mean score of Thinx test takers is higher than that of the U.S. population. Over time, as the population of Thinx test takers increases and becomes more representative of the overall U.S. population, scores will become more accurate. For the Thinx Premium IQ Test, your cognitive domain scores are based on the same population of Thinx test takers, and are therefore based on fewer data points (since there are 6 cognitive domains). Again, as the population of test takers increases, these scores will become more accurate.

Changes in Ownership of JKBC: If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction. We will use our best efforts to ensure that you are notified (for example, via email and/or a prominent notice on our website) of any change in control or use of your Personal Information, or if either become subject to a different Privacy Policy, and of any choices you may have regarding your information.

Anonymized or Non-Personal Information. We may disclose information with others in an aggregated or anonymous form that does not reasonably identify you as an individual. Modifying Your Information and Settings: You may modify your account information, update or amend your personal information, control in-app notifications, or change your password at any time by logging in to your account or contacting us at privacy@jkbcllc.com. You can also stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. You may not opt out of Service-related communications (e.g., account verification, changes or updates to features of the Service, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at privacy@jkbcllc.com.

Information collected from you is subject to the pertinent social network’s and/or phone operating system developer’s (including but not limited to Google, Inc. and Apple, Inc.) policies. By using the Service, you may be granting your social network or phone operating system developer permission to share your e-mail address, or contacts, and any other personally identifiable information with JKBC. Please see JKBC’s Privacy Policy for more information on the collection and use of your information. You acknowledge and agree that the Privacy Policy is incorporated and made part of these Terms.