Last updated: 06/01/2022
Below are the Terms and Conditions for Join Allkind Inc. By using the allkind.com website and / or the Allkind iOS and Android mobile app(s), you are hereby referred to as the “customer” or “client” and agree to the following terms and conditions:
1) General Liability
Join Allkind Inc’s financial liability shall be limited to the stated subscription price paid by the client for any defective delivery. This specifically pertains to “boosted” or “premium” profiles within the app with values of $9.99 for a donor or surrogate and $199.99 for an intended parent. Join Allkind Inc is only a fractional beneficiary of the said rates; as Apple and Google retain a percentage of each in-app purchase. For “match agreement contracts” between Join Allkind Inc and Intended Parent(s) the terms are specified in the said agreement. These agreements happen after a match has been made and confirmed. Should the “match agreement contract” result in the Intended Parent(s) compensating Join Allkind Inc directly, the stated financial liability shall be no greater than the cost for the referral which is set at ($5,000 egg donor referral, $10,000 surrogate referral, and $500 sperm donor referral). Under no circumstances are there any special, consequential, incidental, indirect or similar damages, including without limitation, lost profits or damages otherwise. It is expressly agreed that this warranty is in lieu of all warranties of fitness for particular use and merchantability. Join Allkind Inc makes no other warranty and no actions or words of Join Allkind Inc or its officers, employees, shareholders, directors, or agents shall constitute a warranty.
Furthermore, Join Allkind Inc cannot and will not be held responsible or take on any liability for any services rendered between the matching parties (the intended parent(s) and their matched donor or surrogate). In no capacity are we liable for ensuring all local, state, or federal laws are to be followed by the matched parties after our delivery of the data has transpired. Join Allkind Inc is not a licensed medical facility, agency, or legal service provider. Issuance of the donor and/or surrogate’s information is turned over to the agency and/or medical facility noted in the “match agreement contract”, not the intended parent(s) directly.
Join Allkind Inc is controlled and operated within the United States. The Company makes no representations that materials contained within the website and/or mobile app(s) are appropriate or available for use in other locations, and access to the said platforms from locations where such activity is illegal is prohibited. Those who choose to use the platform from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
2) Service Representation
Join Allkind Inc is a match making referral service that helps match donors and surrogates with intended parent(s). We are not a licensed medical facility, agency, or concierge service that provides any type of medical or legal service. Servicing our clients is limited in scope to education about the process, helping people discover one another via our technology and internal processes, and lastly, completing a successful match hand-off. During the hand-off, a match coordinator will determine if the intended parent(s) are already working with an agency and/or medical facility or if a referral must be made. In the event of a referral, it is understood by the client that we are not providing a “medical referral” which may involve any type of service guarantee or network representation. While we strive to only refer our clients to agencies and medical facilities who uphold the highest level of ethics and transparency in the fertility industry, it is ultimately up to the client(s) to decide who they will work with for the medical procedure(s) and service needs throughout the lifespan of the relationship between the intended parent(s) and donor and/or surrogate.
3) Delivery of Match Data
As specified under general liability and service representation, Join Allkind Inc will provide the agency and/or medical facility with the full details for the donor and/or surrogate involved with the match. This includes all the data viewable by the Intended Parent via the viewing of a profile, as well as the extended medical details which are typically used to fully qualify the matched individual. Essentially, all profile fields (both viewable by the public and privately kept by Join Allkind Inc) are turned over to the selected agency and/or medical facility upon completion of the “match agreement contract” and payment, should payment be required as part of the agreement.
4) Data Guarantees
Join Allkind Inc pre-screens (and thus, pre-qualifies) all donor and surrogate candidates prior to their inclusion on the Allkind platform. Furthermore, the full personal and medical details requested by agencies and medical facilities are also collected during the registration process. These details are stored securely in our database and are issued to the agency and/or medical facility after both parties have agreed to continue after the match has been made. We guarantee the integrity of our data makes no false representations and is not manipulated by Join Allkind Inc. While very rare, any discrepancies or misrepresentations in data would have been made by the donor or surrogate themselves. Thus, Join Allkind Inc’s guarantee is the delivery of a pre-screened, pre-qualified matching donor and surrogate candidate(s) with all of the details most commonly required to smoothly continue with a donation or surrogate process.
5) Match Agreement Contracts and Service Guarantee
All Intended Parent(s) that match with a donor and/or surrogate where there is a mutual interest between parties to continue will be required to execute a match agreement contract. This contract is conducted between Join Allkind Inc and the parties involved where the intended parent(s), and donor and/or surrogate agree to proceed in good faith; representing their desire to do so and further representing their information is accurate. Upon signing the agreement, the Intended Parent(s) may be required to pay Join Allkind Inc via check or wire transfer, the match service fee(s) as per our fee schedule of — $5,000 egg donor match, $10,000 surrogate match, $500 sperm donor match. Some situations may exclude the need for direct payment due to the Intended Parent(s) working with a facility which have per-arranged compensation for Join Allkind Inc (whether via escrow disbursement or agreement otherwise). Join Allkind Inc will determine this upon matching and prior to the execution of the said match agreement contract. All terms and conditions in this statement shall survive but not override nor conflict with any specified terms in the said match agreement contract.
In the event a match falls through after the match agreement contract has been signed and Join Allkind Inc has been paid (whether by voluntary withdrawal by the matched candidate or the candidate failing a medical test that cannot be rectified), our match agreement contract provides the Intended Parent(s) with a service guarantee whereas Join Allkind Inc will waive the cost for another match within 6 months. Thus, the Intended Parent(s) are able to find another match, and, once confirmed, execute a match agreement contract without any additional fees.
6) Indemnification
In the event that a charge, claim or demand, arbitration, action, or proceeding (collectively, a “Claim”) is made or commenced against Join Allkind, Inc based upon, relating to or arising from the alleged wrongful acts, or alleging that the service ordered by the customer: (a.) infringes any copyright, patent or other proprietary right of any person; or (b.) contains matter that is libelous, slanderous, defamatory, scandalous or obscene, the customer shall indemnify and hold Join Allkind Inc harmless from and against any loss, damages, cost and expense arising from or related to the Claim including without limitation; (1.) defending Join Allkind Inc against any such Claim (2.) paying any judgment or award against the customer; and (3.) reimbursing Join Allkind Inc for any legal fees and expenses it reasonably incurs in responding.
7) Images, Videos, File Handling, and Content Transmission
It is the client’s responsibility to maintain a copy of photos, videos, and any type of data uploaded to the Allkind platform. Join Allkind Inc is not responsible for accidental loss or damage to media supplied by the client. Join Allkind Inc simply hosts copies of the data that is provided; all of which is under the control of the client and our time via profile administration. We are not a hosting or backup service for media responsible for the storage of any such materials. All data provided by clients to Join Allkind Inc is “records of copy” and not considered the original file. These files, while editable and removable by the client, are the property of Join Allkind Inc. We are not liable for any stolen data or loss of business (such as a match being completed) due to down-time, outages, or technical issues.
The transmission of content for any material, information, or ideas that you transmit to or post to or through this website or the Allkind app(s), or by any other means, will be treated as non-confidential and non-proprietary, despite any legends to the contrary, and may be used by for any purpose whatsoever. Notwithstanding the foregoing, all personal information provided by you will be handled in accordance with the Join Allkind Inc’s Privacy Policy. You agree to the terms of such Privacy Policy by providing your personal information to the Company.
8) Disputes and Venue
For legal purposes, the venue for any dispute including all law suits, mediation, and legal exchanges, shall be San Diego County, California, USA. Join Allkind Inc is a Delaware C-Corp with principal offices located in California.
In the event that legal action is taken, arbitration is entered, or in the event of a dispute to a payment (such as a credit card chargeback), Join Allkind Inc holds the right to (a.) suspend a profile from appearing on our platform, and (b.) suspend work on any contract between the client and Join Allkind Inc (such as a match agreement), (c.) supply any third party with details pertaining to the dispute (such as a legal team, arbitrator, or 3rd party collection agency).
9) Data Capturing, Manipulation, and Reverse Engineering
As a client, you agree to not take screenshots of any personal data from other users such as a user’s profile pictures or their personal details in which the screenshot is shared with third parties in a public setting (such as postings on social media, email blasts, posting on a website, or other means) which provides the public with the ability to view such information outside of the Join Allkind Inc website or application.
No attempt shall be made to reverse engineer, debug, decode, extract, or pull data from the Allkind platform. Should Join Allkind Inc suspect or specifically identify any situation involving these actions by a client, we withhold the right to suspend your profile and consider legal actions if warranted.
10) Multi-Accounting, Fictitious Profiles, and Incorrect Data
Under no circumstance is a client allow to misrepresent themselves in which they create a profile as being more than one party (for example, both an intended parent and a donor or surrogate). Only one account is allowed per individual. Each account is tied to a specific email address and phone number. Intended Parent(s) with joint profiles may share the identity of a single profile. This differs from multi-accounting in which the individual purposely creates an additional account which is forbidden. In the event Join Allkind Inc identifies a duplicate profile or a false profile posing with fictitious information, we withhold the right to suspend your account(s). Furthermore, as a client, you agree to provide data that accurately represents your profile. The use of fake information or misrepresentations about your health or personal situation is not allowed. Profiles found to have inaccurate data will be suspended until fixed.
11) Intellectual Property
The content found on the Allkind.com website and mobile applications is protected by law, including without limitation United States copyright law, trademark law, and applicable international treaties. You are granted permission to display, reproduce, distribute, and download the materials on the website and mobile app(s) solely for your own personal, non-commercial use, provided that none of the content is modified and any and all legal legends are retained. You may not “mirror” any content contained within this website or the mobile app(s) without our express prior written consent. Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without our prior written consent, or the consent of the applicable copyright owner. Join Allkind Inc does not grant you any licenses, express or implied, to the intellectual property of the Company or its licensors except as expressly stated in this agreement. See section (9) for other prohibitions regarding the use of intellectual property found on the Allkind platform.