Last updated: 2024-09-16

1. Introduction
Welcome to MamaKind LLC (“Company,” “we,” “our,” “us”)!

These Terms of Service (“Terms,” “Terms of Service”) govern your use of our website located at www.mymamakind.com (together or individually “Service”) operated by MamaKind LLC.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information resulting from your use of our web pages.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements and agree to be bound by them.

If you do not agree with (or cannot comply with) the Agreements, you may not use the Service. Please let us know by emailing us at team@mymamakind.com so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use the Service.

2. User Responsibilities and Obligations
By accessing or using the Service, you agree to:

Provide accurate, complete, and current information when creating an account or making a purchase.
Update your information promptly if it changes.
Use the Service only for lawful purposes and in compliance with these Terms.
Be responsible for all activities under your account, including maintaining the confidentiality of your account information and password.
Failure to comply with these obligations may result in suspension or termination of your account and access to the Service.

3. Communications
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any or all of these communications from us by following the unsubscribe link or emailing team@mymamakind.com.

4. Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to provide certain information relevant to your Purchase, including but not limited to your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that:

(i) You have the legal right to use any card(s) or other payment method(s) in connection with any Purchase.
(ii) The information you supply to us is true, correct, and complete.
We may use third-party services to facilitate payment and the completion of Purchases. By submitting your information, you grant us the right to provide this information to these third parties, subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

5. Subscriptions and Automatic Renewals
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or MamaKind LLC cancels it. You will receive prior notice of any renewal, including the renewal terms and applicable fees. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team at team@mymamakind.com.

A valid payment method is required to process the payment for your subscription. You must provide MamaKind LLC with accurate and complete billing information, including but not limited to your full name, address, state, postal or zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize MamaKind LLC to charge all Subscription fees incurred through your account to any such payment instruments.

If automatic billing fails to occur for any reason, MamaKind LLC reserves the right to terminate your access to the Service immediately.

6. Free Trial
MamaKind LLC may, at its sole discretion, offer a Subscription with a free trial for a limited period ("Free Trial").

You may be required to enter your billing information to sign up for a Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by MamaKind LLC until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, MamaKind LLC reserves the right to (i) modify the Terms of Service of the Free Trial offer or (ii) cancel such a Free Trial offer.

7. Fee Changes
MamaKind LLC, in its sole discretion and at any time, may modify Subscription fees. Any Subscription fee change will become effective at the end of the current Billing Cycle.

MamaKind LLC will provide reasonable prior notice of any changes in Subscription fees to allow you to terminate your Subscription before such changes become effective.

Your continued use of the Service after a Subscription fee change takes effect constitutes your agreement to pay the modified Subscription fee amount.

8. Refunds
We issue refunds for Subscriptions within 3 days of the original purchase. Refunds are only applicable for certain products and services; please refer to the specific terms of the product or service purchased.

9. Content and User-Generated Content
Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, you represent and warrant that:

(i) The Content is yours (you own it) or you have the right to use it and grant us the rights and license provided in these Terms.
(ii) The posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.
We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any rights to any Content you submit, post, or display on or through the Service and are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.

MamaKind LLC has the right but not the obligation to monitor and edit all Content provided by users.

10. Prohibited Uses
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

In any way that violates any applicable national or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
To transmit or procure the sending of any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
In any way that infringes upon the rights of others or is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service or which, as determined by us, may harm or offend the Company or users of the Service or expose them to liability.
Additionally, you agree not to:

Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real-time activities through the Service.
Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Service.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
Take any action that may damage or falsify the Company’s rating.
Otherwise attempt to interfere with the proper working of the Service.
11. Data Protection and Privacy Compliance
Your privacy is important to us. By using the Service, you agree that we may process your personal data in accordance with our Privacy Policy, which complies with applicable data protection laws, including the GDPR (for EU residents) and CCPA (for California residents).

12. Dispute Resolution
Any disputes arising out of or related to these Terms shall be resolved through arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall be conducted in the state of [Your State], United States. Each party shall bear its costs, and the arbitrator's decision shall be final and binding.

13. Security Measures
We use commercially reasonable methods to safeguard your personal data, including using SSL encryption for data transfer and storing your data with secure third-party vendors. However, no method of transmission over the Internet or electronic storage is completely secure. By using the Service, you acknowledge and accept these risks.

14. No Use By Minors
The Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using the Service, you represent and warrant that you are at least eighteen (18) years of age and have full authority, right, and capacity to enter into this agreement and abide by all the terms and conditions of the Terms. If you are not at least eighteen (18) years old, you are prohibited from accessing and using the Service.

15. Accounts
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer and/or account. You agree to accept responsibility for any activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use a username that is the name of another person or entity not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use a username that is offensive, vulgar, or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

16. Intellectual Property
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of MamaKind LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of MamaKind LLC.

17. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to team@mymamakind.com, with the subject line: “Copyright Infringement,” and include a detailed description of the alleged Infringement.

18. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material you claim is infringing is located.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at team@mymamakind.com.

19. Error Reporting and Feedback
You may provide us either directly at team@mymamakind.com or via third-party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that:

(i) You shall not retain, acquire, or assert any intellectual property right or other rights, title, or interest in or to the Feedback.
(ii) The Company may have development ideas similar to the Feedback.
(iii) Feedback does not contain confidential information or proprietary information from you or any third party.
(iv) The Company is not under any obligation of confidentiality with respect to the Feedback.
20. Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by MamaKind LLC.

MamaKind LLC has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES YOU VISIT.

21. Disclaimer of Warranty
THE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

22. Limitation of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

23. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

24. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

25. Changes to Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, at our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service or the entire Service to users, including registered users.

26. Amendments to Terms
We may amend the Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

27. Waiver and Severability
No waiver by the Company of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.

If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

28. Acknowledgement
BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

29. Contact Us
Please send your feedback, comments, and requests for technical support by email: team@mymamakind.com.

Terms and Conditions