Terms of Service

To use the Services, you must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater) and have the legal capacity to enter into a binding contract. The Services are not intended for children under 18. You must not be barred from using the Services under U.S. or other applicable laws, or have had a prior kndi. account terminated for violation of these Terms or our Community Guidelines.

During account creation, you will be asked to affirmatively confirm that you meet the age requirement before you may access the Services. This confirmation is a condition of use. By accessing the Services, you represent and warrant that you satisfy each of the above requirements.

Creating an account

You may create an account using an email address (verified by one-time code at registration; password at sign-in), a verified mobile phone number (SMS one-time code), Sign in with Apple, or Sign in with Google. You agree to provide accurate, current, and complete information during registration and to keep your information updated.

Username

Your display name and username are visible to other users. You may not select or use a username that impersonates another person or entity, infringes any third-party intellectual property right, is misleading, defamatory, obscene, or otherwise objectionable, or violates these Terms or our Community Guidelines. kndi. may reclaim, change, or remove any username at its discretion.

Account security

You are responsible for safeguarding your credentials and for all activity that occurs under your account. You must provide accurate information and keep it updated. Notify us immediately at [email protected] of any unauthorized access. kndi. is not liable for any loss or damage arising from your failure to maintain account security.

One account per person

You may maintain only one kndi. account at a time unless we expressly authorize otherwise. Operating duplicate accounts to circumvent suspension, manipulate the Kandi Honor System, or evade these Terms is prohibited and grounds for termination. We may suspend or terminate accounts that violate these Terms or create risk for other users or for us.

Subject to your ongoing compliance with these Terms, kndi. grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use one copy of the kndi. application on a mobile device that you own or control, solely for your personal, non-commercial use.

You may not:

• Copy, modify, distribute, sell, lease, sublicense, or create derivative works of the Services;
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services, except to the extent applicable law permits;
• Remove, alter, or obscure any proprietary notices in the Services;
• Use the Services to build, train, or improve any machine learning model, large language model, or competing product, including by scraping or systematic data collection;
• Use any robot, spider, scraper, or automated means to access the Services for any purpose;
• Bypass, disable, or interfere with any security, rate-limiting, authentication, or access-control mechanism;
• Use the Services in violation of any applicable law, regulation, or third-party right.

All rights not expressly granted to you in these Terms are reserved by kndi..

Program name: kndi. Account Verification.

Program description: kndi. sends one-time passcodes (OTPs) via SMS for account sign-in and security verification. Messages are transactional only — we do not send marketing SMS through this program.

Message frequency: Message frequency varies based on your account activity and sign-in attempts.

Message and data rates may apply. Standard carrier message and data rates may apply to messages you receive.

HELP: Reply HELP to any kndi. SMS message for support, or email [email protected].

STOP: Reply STOP to any kndi. SMS message to opt out of further SMS. After you opt out, you may not be able to sign in via SMS one-time code.

Carriers are not liable for delayed or undelivered messages. Supported carriers include AT&T, T-Mobile, Verizon, and other major U.S. carriers.

Your content

The Services may allow you to post or upload content such as profile information, messages, photos, group names, event links, and other materials (“User Content”). You retain ownership of your User Content. You grant permission to kndi. to host, store, reproduce, modify (for technical purposes such as resizing and formatting), display, distribute, and otherwise use User Content on a worldwide, non-exclusive, royalty-free basis solely as needed to operate, improve, and promote the Services (including showing it to other users according to product functionality and your settings). This license terminates a reasonable time after you delete your User Content, except where retention is required by law, for security or abuse investigations, or where your content has been shared by others within the Services.

Your representations

You represent and warrant that, for all User Content: (a) you own it or have all necessary rights and consents to grant the licenses above; (b) it does not violate these Terms, the Community Guidelines, or any law; and (c) any individuals depicted have consented to the depiction.

Feedback

If you provide kndi. with feedback or suggestions, you grant kndi. a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose, with no obligation to you.

Prohibited conduct

You agree not to:

• Violate any applicable law or regulation.
• Harass, threaten, defame, or harm other people; promote hate or discrimination.
• Share unlawful, infringing, or non-consensual intimate imagery.
• Facilitate, promote, or engage in sex trafficking or human trafficking in violation of 18 U.S.C. §§ 2421A (FOSTA-SESTA) or any applicable law.
• Use the Services to facilitate the sale, distribution, or use of illegal drugs or controlled substances, or to coordinate underage drinking or drug consumption.
• Sell, exchange, or transfer counterfeit, stolen, or fraudulent festival or venue tickets.
• Spam, phish, distribute malware, or attempt unauthorized access to our systems or other users' accounts.
• Scrape, reverse engineer, or attempt to extract our source code or models except to the extent permitted by law.
• Misrepresent your identity or affiliation, or use the Services for deceptive commercial schemes.
• Interfere with or disrupt the integrity or performance of the Services.

Our Community Guidelines provide additional examples and explanations of expected behavior. They are incorporated by reference and govern alongside these Terms.

Enforcement

We may remove or restrict User Content or accounts that we reasonably believe violate these Terms or the law. We are not obligated to monitor all content but may do so to enforce these Terms and keep the community safe.

Copyright — DMCA

kndi. has registered a Designated Agent with the U.S. Copyright Office pursuant to 17 U.S.C. § 512(c)(2). If you believe content on the Services infringes your copyright, send a written notice containing the information required under 17 U.S.C. § 512(c)(3) to our Designated Agent:

DMCA Agent — TOTEMHERE LLC
2825 152nd Street Southwest, Lynnwood, WA 98087
Phone: (206) 618-3862
Email: [email protected]

Our agent registration is publicly verifiable at the U.S. Copyright Office DMCA Designated Agent Directory. kndi. will respond to valid notices in accordance with the DMCA and may terminate the accounts of repeat infringers.

Nature of kandi

Kandi awarded through the Services are non-monetary, non-transferable social tokens. Kandi:

• Have no cash value and are not currency, virtual currency, securities, or property;
• Cannot be purchased, sold, traded, gifted, or exchanged for money, goods, services, or anything of value;
• Cannot be withdrawn, redeemed, or converted;
• Are not refundable; and
• May be removed, adjusted, or revoked by kndi. at its discretion.

Earning kandi

Kandi may be exchanged between users only at the same event and only as expressly permitted by the Services' interfaces (QR scan or username search). Each kandi exchange is a peer-to-peer recognition action and does not constitute a transaction, contract, or thing of value between users.

Rank integrity

kndi. may, at any time and at its sole discretion, remove kandi, reverse exchanges, lower a user's rank, freeze rank progression, or reset a user's kandi profile if kndi. determines that the user has manipulated the Kandi System, violated these Terms, or engaged in inauthentic behavior. Examples of prohibited manipulation include coordinating reciprocal exchanges to inflate rank, operating duplicate or fake accounts, buying or selling kandi, and exploiting bugs or automation.

No vested rights

Your rank, kandi counts, profile borders, and other Kandi System features are made available as a courtesy and do not represent vested rights or property. kndi. may modify, restructure, rebalance, or discontinue any aspect of the Kandi System at any time without liability to you.

Future partner benefits

kndi. may, at its discretion, offer partner benefits (such as presale access or experiential perks) tied to rank. Such benefits are subject to availability, separate terms, and partner approval. kndi. does not guarantee any such benefit and may modify or discontinue it without notice.

kndi. helps you organize social plans around real-world events. Event listings and related metadata may come from third-party sources or user submissions and may contain errors or change without notice. kndi. is a coordination tool — not a festival operator, ticket seller, venue, healthcare provider, security service, or law-enforcement agency. Your physical safety at any festival, venue, or event is your own responsibility and the responsibility of the event operator.

kndi. does not verify the identity, background, character, or fitness of any user. Venues, artists, dates, and links are provided for convenience only. You are responsible for verifying details with official organizers and complying with venue rules and applicable laws.

When using kndi. at festivals or events, you agree to: (a) follow all festival and venue rules; (b) comply with applicable laws; (c) exercise sound judgment regarding your interactions with other users; and (d) seek emergency assistance from on-site personnel or 911 (or your local equivalent) when needed.

The Services may integrate with or display content from third-party services, including but not limited to Spotify, Apple Music, Mapbox, EDM Train, festival operators, and ticket platforms (“Third-Party Services”). Your use of any Third-Party Service is governed by that service's own terms and privacy practices. kndi. is not responsible for and does not endorse any Third-Party Service, and your use of any Third-Party Service is at your own risk.

The Services are currently offered without requiring a paid subscription. If kndi. adds paid features in the future, additional terms will apply and will be presented to you before any charge is incurred, including any requirements from platform providers such as Apple. All payments will be processed through the Apple App Store and are subject to Apple's terms.

Except for User Content provided by users, kndi. and its licensors own all rights in the Services, including software, branding, and design. You may not copy, modify, distribute, sell, or lease any part of our Services except as expressly permitted by us or applicable law.

Termination by kndi.

kndi. may, at its sole discretion and at any time, with or without notice and with or without cause, suspend, restrict, or terminate your account or your access to all or any portion of the Services. Without limiting the foregoing, kndi. may terminate your account if it believes you have violated these Terms, the Community Guidelines, or applicable law, or that termination is necessary to protect the safety of other users or the integrity of the Services.

Termination by you

You may stop using the Services at any time and terminate your account by deleting it from within the Services or by contacting [email protected].

Effect of termination

Upon termination: (a) your license to use the Services is immediately revoked; (b) kndi. may delete or retain your User Content consistent with the Privacy Policy and applicable law; (c) group memberships, kandi awarded, rank, and any other in-service features tied to your account may be removed; and (d) provisions that by their nature should survive termination — including the license restrictions, Kandi Honor System, User Content, Disclaimers, Limitation of Liability, Indemnity, Dispute Resolution, and Governing Law sections — will survive.

THE SERVICES AND ALL CONTENT, FEATURES, AND FUNCTIONALITY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, kndi. DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, kndi. DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) ANY DEFECTS WILL BE CORRECTED; (C) ANY CONTENT (INCLUDING USER-GENERATED CONTENT, SCHEDULES, MAPS, OR LINEUPS) IS ACCURATE, COMPLETE, OR RELIABLE; OR (D) THE CONDUCT OF OTHER USERS WILL BE LAWFUL OR APPROPRIATE.

YOU INTERACT WITH OTHER USERS AT YOUR OWN RISK. kndi. HAS NO OBLIGATION TO BECOME INVOLVED IN DISPUTES BETWEEN USERS.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, our liability is limited to the fullest extent permitted by law.

TO THE FULLEST EXTENT PERMITTED BY LAW:

(a) No indirect damages. kndi. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF — OR INABILITY TO USE — THE SERVICES, REGARDLESS OF THE LEGAL THEORY AND EVEN IF kndi. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) Cap. kndi.'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNTS YOU HAVE PAID kndi. FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY OR (ii) ONE HUNDRED U.S. DOLLARS (US$100.00).

(c) Essential basis. THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

You will defend, indemnify, and hold harmless kndi. and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of, or inability to use, the Services; (b) your User Content; (c) your violation of these Terms, the Community Guidelines, or any applicable law; or (d) your violation of any rights of a third party.

Important: This section affects your legal rights. Please read it carefully. You may opt out of arbitration as described below.

Informal resolution

Before initiating any formal proceeding, you agree to contact us at [email protected] with a written description of your dispute and the relief you seek. We will attempt in good faith to resolve it informally for at least sixty (60) days.

Agreement to arbitrate

If informal resolution fails, you and kndi. agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services through binding individual arbitration administered by JAMS, rather than in court, except as provided below.

Arbitration rules and forum

Arbitration will be administered by JAMS under its applicable rules, including the JAMS Streamlined Arbitration Rules for claims under US$250,000. The arbitration will be conducted in English by a single arbitrator. The seat of arbitration will be King County, Washington, but you may elect to attend remotely.

Class action waiver

YOU AND kndi. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

Costs of arbitration

The party initiating arbitration is responsible for the initial filing fee in accordance with the JAMS Consumer Arbitration Minimum Standards. If you demonstrate that the costs of arbitration would be prohibitive compared to litigation, kndi. will pay as much of the filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

Exceptions

Either party may: (a) bring an individual action in small-claims court in your county of residence, so long as the action remains in that court and on an individual basis; and (b) seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual-property rights or unauthorized access to the Services.

30-day right to opt out

You have the right to opt out of the arbitration agreement and class action waiver by sending written notice to [email protected] within thirty (30) days of first agreeing to these Terms. Your notice must include your full name and the email address or phone number on your account. Opting out does not affect any other provision of these Terms.

Severability

If any portion of this section is found to be unenforceable, that portion will be severed and the remainder will be enforced. However, if the class action waiver is found to be unenforceable as to a particular claim or remedy, then that claim or remedy will be severed from arbitration and brought in court, while all other claims will continue to be arbitrated.

These Terms are governed by the laws of the State of Washington, United States, without regard to conflict-of-law principles, except where mandatory consumer protection laws of your country of residence require otherwise. Subject to the dispute resolution section above, the exclusive venue for any dispute not subject to arbitration is the state and federal courts in King County, Washington; you consent to personal jurisdiction there.

The following provisions apply if you obtained the kndi. application from the Apple App Store. To the extent any provision in this section conflicts with another provision of these Terms, this section controls but only with respect to your use of the application on an Apple-branded device.

Acknowledgment

These Terms are between you and TOTEMHERE LLC only, and not with Apple Inc. (“Apple”). kndi. — not Apple — is solely responsible for the kndi. application and its content.

Scope of license

The license granted to you for the kndi. application is limited to a non-transferable license to use the application on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

Maintenance and support

kndi. is solely responsible for providing any maintenance and support services with respect to the application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application.

Warranty

kndi. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the kndi. application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the kndi. application.

Product claims

kndi., not Apple, is responsible for addressing any claims by you or any third party relating to the kndi. application or your possession and/or use of it, including: (a) product liability claims; (b) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.

Intellectual property rights

In the event of any third-party claim that the kndi. application or your possession and use of the application infringes that third party's intellectual property rights, kndi. — not Apple — will be solely responsible for the investigation, defense, settlement, and discharge of any such infringement claim.

Legal compliance

You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third-party beneficiary

You and kndi. acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Developer contact

For questions, complaints, or claims with respect to the kndi. application, please contact: TOTEMHERE LLC, [email protected].

We may modify these Terms from time to time. If we make material changes, we will notify you in-app and/or by email at least seven (7) days before the changes take effect, and we will update our records. Non-material changes take effect when posted. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services.

Entire agreement

These Terms, together with the Privacy Policy and Community Guidelines, constitute the entire agreement between you and kndi. regarding the Services and supersede any prior or contemporaneous understandings, whether written or oral.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will continue in full force and effect.

No waiver

kndi.'s failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms without kndi.'s prior written consent. Any attempted assignment without consent is void. kndi. may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of assets.

Notices

kndi. may provide notices to you through the Services, by email to the address associated with your account, or by other reasonable means. Notices to kndi. must be sent to: TOTEMHERE LLC, 2825 152nd Street Southwest, Lynnwood, WA 98087, Attn: Legal, with a courtesy copy to [email protected].

Force majeure

kndi. will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, war, terrorism, network infrastructure failures, strikes, or shortages.

Electronic communications

You consent to receive communications from kndi. electronically. You agree that all agreements, notices, disclosures, and other communications that kndi. provides to you electronically satisfy any legal requirement that those communications be in writing.

Export controls

You may not use, export, or re-export the Services except as authorized by U.S. law and the laws of the jurisdiction in which the Services were obtained.

Relationship of the parties

You and kndi. are independent contractors. These Terms do not create any agency, partnership, joint venture, or employment relationship.

Language

These Terms are drafted in English. Any translation is provided for convenience only; the English version controls in the event of any conflict.

No third-party beneficiaries

Except as expressly provided in the Apple App Store section above, these Terms do not confer any rights or remedies upon any person or entity other than you and kndi..

TOTEMHERE LLC
2825 152nd Street Southwest, Lynnwood, WA 98087
Email: [email protected]

For abuse, safety, intellectual-property, and legal concerns, please contact [email protected].