## ⚠️ DRAFT — NOT FOR PUBLICATION
**This is an unexecuted draft prepared for review by licensed counsel admitted in the relevant
jurisdiction(s). It has not been reviewed or approved by an attorney. It must not be published on
kithlane.com, app.kithlane.com, or any other surface, presented to any family, or relied on by
JRSB Solutions, LLC until a licensed attorney has reviewed, corrected, and approved it.**
This draft was prepared by an AI assistant acting in a drafting-support role. An AI assistant is
not a lawyer, is not a substitute for a licensed attorney, and cannot give legal advice or form an
attorney–client relationship.
Sections requiring particular attorney attention before any use: Section 12 (subscriptions and
automatic renewal — state auto-renewal statutes are strict and carry private rights of action),
Section 8 (content license), Sections 20–22 (disclaimers, limitation of liability,
indemnification), and Section 23 (dispute resolution — the arbitration architecture is a founder
decision that has not been made). Placeholders are marked in brackets and collected in
COUNSEL_REVIEW_NOTES.md.
Kithlane Terms of Service
Kithlane is a product of JRSB Solutions, LLC.
Effective date: [EFFECTIVE DATE] Last updated: [LAST UPDATED DATE] Version: [TERMS VERSION — e.g., 1.0]
The short version
This is a real contract, so it uses careful language. Here is what it actually says, so you are not surprised by anything further down.
- You must be 18 or older to create a Kithlane account. Children participate through profiles a
guardian creates and controls.
- Your family's content stays yours. You give us only the narrow permission we need to store it,
protect it, and show it to the people you chose. We never take a license to use your family's photos or words for marketing, advertising, or AI training.
- You are responsible for your household — who you invite, what rules you set for each child,
and what your household posts.
- Kithlane is a subscription that renews automatically until you cancel. You can cancel any time,
online, in the same place you subscribed.
- You can export your family's content and leave.
- We limit our legal liability, and there is a section about how disputes get resolved. Read
Sections 20 through 23. They affect your legal rights.
- Kithlane reduces certain risks. It does not eliminate risk. We will not tell you otherwise.
If anything in this summary conflicts with the detailed terms, the detailed terms control.
1. Agreement
These Terms of Service (the "Terms") are a binding agreement between you and JRSB Solutions, LLC, a [STATE OF ORGANIZATION] limited liability company ("Kithlane," "we," "us," or "our"). They govern your use of the Kithlane website at kithlane.com, the Kithlane application at app.kithlane.com and any connected household domain, and the setup, concierge, and support services we provide (together, the "Service").
By creating an account, subscribing, or using the Service, you agree to these Terms and to the Privacy Policy, which is incorporated by reference.
If you do not agree, do not use the Service.
2. Who may use Kithlane
Adults. You must be at least 18 years old and legally able to enter a contract. If you are creating a household, you must also confirm that you are a parent or legal guardian of any child you add, or that you otherwise have the legal authority to consent on that child's behalf.
Children. Children do not create their own accounts and do not agree to these Terms. A guardian creates a child profile, sets the rules for it, and authorizes specific devices. The guardian is responsible for the child's use of the Service.
Teen members. A household may include teen members with expanded personal controls. A guardian remains responsible for a teen member's use of the Service until the teen reaches 18 or the account is transitioned under Section 15.
Where. The Service is offered only in the United States. [CONFIRM.] You may not use the Service from a jurisdiction where doing so would violate applicable law, and you may not use it if you are on a U.S. government restricted-parties list or located in a country subject to comprehensive U.S. sanctions.
No previously terminated users. If we previously terminated your account for violating these Terms, you may not create another one.
3. Your account and security
You are responsible for:
- keeping your sign-in method secure — passkey, sign-in link, or password and second factor;
- keeping your recovery codes somewhere safe;
- everything that happens under your account, unless it was caused by our failure;
- telling us promptly at [SECURITY EMAIL ADDRESS] if you believe your account has been compromised.
We may require you to re-authenticate before a sensitive action, such as changing roles, transferring ownership, changing child settings, opening a support grant, deleting a household, or changing billing.
We do not ask for your password. Kithlane staff will never ask you for a password, a recovery code, or a one-time code.
4. Households, roles, and authority
A household is your family's private space. The person who creates it is the Family Owner.
| Role | What it can do |
|---|---|
| Family Owner | Full authority over the household: roles, child profiles, policies, billing, export, deletion, owner transfer |
| Co-Guardian | Guardian authority over children and household content, subject to any limits the Family Owner sets |
| Trusted Adult Contributor | Post and contribute within the spaces they were given, at the scope assigned |
| Trusted Adult Viewer | View content they were given access to; cannot change anything |
| Teen Member | Age-appropriate participation with expanded personal controls |
| Child Member | Participation within the rules the guardians set |
The Family Owner's responsibilities. As Family Owner, you decide who joins, what each person can do, and what rules apply to each child. You are responsible for those decisions. Kithlane provides the controls; it does not make the parenting decisions.
Owner transfer. Ownership can be transferred to another guardian. Transfer requires recent authentication, acceptance by the incoming owner, notice to all guardians, and a waiting period during which it can be reversed. If we receive conflicting claims to ownership of a household — for example during a family dispute — we may freeze changes to roles and billing until the dispute is resolved between the parties or by a court. Kithlane does not adjudicate family disputes, custody, or who is entitled to control a household. See Section 16.
Invitations. Invitations are single-use, time-limited, tied to a specific address, role-specific, and revocable. Do not forward an invitation to someone the household did not intend to invite.
5. Child profiles and guardian consent
Before you can create a child profile, we will give you a direct notice describing what we collect from your child and obtain your verifiable parental consent. This is described in Section 5 of the Privacy Policy.
By creating a child profile, you represent that:
- you are the parent or legal guardian of that child, or you otherwise have legal authority to
consent on that child's behalf;
- you have the right to make decisions about that child's online activity;
- you will keep the child's age band accurate;
- you will supervise the child's use of the Service in a manner appropriate to their age.
If your legal authority changes — for example following a custody order — tell us at [PRIVACY EMAIL ADDRESS]. If we receive credible notice of a dispute over authority to consent for a child, we may restrict changes to that child's profile until the dispute is resolved.
Kithlane is not a substitute for supervision. It is a bounded environment with guardian controls, not a replacement for a parent's judgment or for device-level parental controls provided by your operating system.
6. What Kithlane does, and what it does not do
What Kithlane does. Kithlane gives your household a private place to share photos and messages, build family pages, keep files, plan events, use approved resources, and use bounded AI Guides — without public profiles, followers, discovery, engagement ranking, or advertising.
What Kithlane does not do. We want to be specific rather than reassuring:
- Kithlane does not control or filter the whole internet. It does not lock a device, block apps,
or supervise activity outside Kithlane. If a child leaves Kithlane through an approved link, that site is outside our control.
- Kithlane does not replace operating-system parental controls, network filtering, or device
management.
- Kithlane does not guarantee that every piece of content inside a household is appropriate. The
people in your household create the content. We provide audience controls, approval workflows, and automated safety checks. We do not pre-screen everything, and automated checks are imperfect.
- Kithlane does not eliminate online risk. It reduces specific risks — strangers, public
exposure, advertising, engagement manipulation — by removing the mechanisms that create them. It cannot eliminate risk that comes from inside a household or from a site a guardian approved.
- Kithlane does not provide medical, legal, financial, educational, or mental-health advice, and
neither do its Guides.
We say this plainly because a family should be able to trust what we tell them, including the limits.
7. Acceptable use
Use Kithlane the way it is meant to be used. Specifically, you agree not to:
Harm people
- upload, create, or share child sexual abuse material — we report this to the National Center for
Missing & Exploited Children and to law enforcement as required by law, and terminate the account immediately;
- harass, threaten, bully, stalk, or abuse anyone, including within your own household;
- share content depicting or promoting violence against a person, self-harm, or suicide;
- share sexual content, or content that is obscene, in any household that includes children;
- impersonate another person.
Harm the Service
- attempt to access another household's data, or probe, scan, or test the Service for
vulnerabilities except under our published vulnerability disclosure policy;
- attempt to bypass permission checks, age bands, guardian rules, rate limits, or content security
controls;
- upload malware, or use the Service to distribute it;
- scrape, crawl, or use automated means to extract data from the Service;
- reverse engineer, decompile, or attempt to derive source code, except where that restriction is
unenforceable by law;
- resell, sublicense, or provide the Service to anyone outside your household.
Harm the AI system
- attempt to manipulate a Guide into acting outside its permitted tools or its household rules,
including by prompt injection;
- use a Guide to produce content that violates this Section;
- use the Service to develop a competing AI model, or to extract model outputs at scale for training.
Break the law
- infringe anyone's copyright, trademark, or other rights;
- violate export, sanctions, or privacy laws;
- upload personal information about a person who has not consented, where consent is required.
Misuse the family model
- add a child profile for a child you do not have legal authority over;
- use a household to run a business, a school, a club, or any group that is not a family, unless we
agree in writing. [CONFIRM: whether homeschool co-ops or similar are permitted, since the build plan lists "homeschool resources" as a use case.]
Reporting. If you see something that violates this Section, report it in the app or email [SAFETY EMAIL ADDRESS]. Reports inside a household also go to that household's guardians according to household policy.
Enforcement. We may remove content, restrict a feature, suspend a member, or terminate a household for violations, following Section 17.
8. Your content, and the narrow license you give us
This section matters more than any other in this document, so it is written to be understood.
8.1 You own your content
"Family Content" means everything your household puts into Kithlane: photos, videos, messages, posts, comments, documents, family pages, event details, and anything else you create or upload.
Family Content belongs to you and your family. Creating a Kithlane account does not transfer any ownership to us. We do not claim any rights in your family's photographs, writing, or memories beyond the narrow operational permission described below.
8.2 The license you grant us — and its limits
To run the Service, our systems have to do specific technical things with your files. So you grant JRSB Solutions, LLC a limited, non-exclusive, royalty-free license to do the following with your Family Content, and nothing else:
- store it, encrypt it, and back it up;
- transmit it and deliver it to the household members you selected;
- encode, transcode, compress, resize, and generate thumbnails and previews so it displays properly
on different devices;
- scan it for malware and run the automated safety checks described in Section 6;
- strip embedded metadata such as camera location tags;
- index it so that people in your household can search their own household;
- display it to the specific people your household's audience settings include;
- make it available for a Guide to retrieve only when the person asking is already permitted to
see it and the household has enabled Guides;
- produce it to you when you request an export.
This license is limited in every direction that matters:
- Purpose: it exists solely to operate, secure, and support the Service for you. It permits no
other use.
- Duration: it lasts only while your content is in the Service. It ends when you delete the
content or your household, except for the limited period needed to complete deletion from backups on their normal expiry cycle. It is not perpetual and it is not irrevocable.
- Territory: it is worldwide only because our content delivery network is distributed. It does
not authorize us to publish your content anywhere.
- Sublicensing: we may pass through only the narrow rights above to the service providers listed
in the Privacy Policy — our hosting, storage, delivery, scanning, and AI providers — and only so they can perform those functions for us, under contract, on our instructions. We may not sublicense your Family Content to anyone else, for any reason.
- No moral-rights waiver: we do not ask you to waive any moral rights, attribution rights, or
publicity rights.
8.3 What we will never do with your Family Content
We commit, as a contractual promise you can enforce:
- We will not use Family Content in advertising or marketing — ours or anyone else's.
- We will not use Family Content to train, fine-tune, evaluate, or improve any artificial
intelligence model, including our own, and we contractually require our AI providers not to do so either.
- We will not sell Family Content, license it to data brokers, or disclose it for money or
anything of value.
- We will not use Family Content to build advertising or behavioral profiles.
- We will not display Family Content publicly, index it for search engines, or make it available
outside your household.
- We will not use a photograph of a child, or a family's story, in any marketing material.
If we ever want to feature a family's story or an image. We will ask you separately, in writing, describe exactly what we want to use and where, and use it only if you say yes in a separate signed permission. Agreeing to these Terms is never permission for that. You can withdraw a marketing permission at any time, and we will stop using the material in new placements and remove it from material we control.
8.4 Your promises about Family Content
You represent that, for content you upload:
- you have the right to upload it;
- you have the right to share it with the audience you chose;
- for photographs or recordings of other people, including children who are not yours, you have any
permission required to share them with that audience.
8.5 Feedback
If you send us suggestions or feedback about Kithlane, we may use them freely to improve the Service, without obligation to you. This applies only to feedback about the product. It never applies to Family Content.
9. AI Guides
Guides are bounded AI assistants that perform specific jobs inside your household.
What a Guide may do. A Guide operates within a permission system and can retrieve only information the person asking is already allowed to see. Guides cannot browse the open internet on their own, send messages to anyone, change household settings or permissions, make purchases, or open external sites.
Guides are AI, and Kithlane says so. Kithlane tells the person, in the interface, that they are talking to a computer program and not a person. Guides are not designed to simulate friendship, build an emotional relationship, or encourage continued use.
Guides can be wrong. Output may be inaccurate, incomplete, or out of date. Guides do not give medical, legal, financial, or mental-health advice. Do not rely on a Guide for anything important without checking it. Guardians are responsible for supervising a child's use of Guides, and for deciding whether a child may use Guides at all.
Turning Guides off. A guardian can disable Guides entirely, per household or per child, at any time. Guides require a separate consent for each child, as described in the Privacy Policy.
Usage allowances. Each plan includes an allowance of Guide usage and storage. See Section 12.
Provider changes. We may change AI model providers. If a change would materially alter what is collected, how it is used, or who receives it, we will provide notice and obtain any consent required before the change applies to a child.
10. Approved links and external sites
Guardians can approve specific external websites for a child. When a child opens an approved link:
- they see a clear notice that they are leaving Kithlane;
- the destination site is operated by someone else, under their own terms and privacy policy;
- **Kithlane does not control that site, its content, its advertising, its data practices, or where
it may link next.**
Approving a domain allows pages on that domain. It does not extend to other sites that domain links to. We are not responsible for external sites, and approving one is a guardian's decision.
11. Kithlane's intellectual property
The Service — including the software, design, the "Lane" visual system, templates, starter packs, Guide definitions, prompts, documentation, and the Kithlane name and logo — is owned by JRSB Solutions, LLC and protected by intellectual property law.
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your household's personal, non-commercial use, subject to these Terms. We reserve all other rights.
You may not use the Kithlane name, logo, or branding without our written permission, except to refer to the Service accurately.
Content you generate using Kithlane templates — for example a family page you build in Page Studio — is your Family Content. The underlying template remains ours.
12. Subscriptions, billing, and automatic renewal
Attorney attention required. State automatic renewal laws — particularly California's, as
amended — impose specific requirements on disclosure placement, affirmative consent capture,
acknowledgment, renewal reminders, and cancellation mechanics. The FTC's Negative Option Rule was
vacated by the Eighth Circuit in July 2025 and the FTC restarted rulemaking in 2026, but ROSCA and
FTC Act Section 5 enforcement continue. This section states the intended commercial terms; the
exact wording, the placement of the checkout disclosures, and the checkout flow itself must be
reviewed against the current statutes of every state where Kithlane sells.
12.1 Plans
Kithlane is sold by subscription. Current plans:
| Plan | What it includes | Price |
|---|---|---|
| Family | One private family home, Circle, Calendar, Library, [NUMBER] child profiles, [NUMBER] Guides, [STORAGE] storage | [PRICE] per [BILLING PERIOD] |
| Family Plus | Everything in Family, plus custom domain, [STORAGE] storage, additional spaces and Guides, additional trusted adults | [PRICE] per [BILLING PERIOD] |
| Concierge | Everything in Family Plus, plus guided setup, device-control assistance, migration help, and [FREQUENCY] family review | [SETUP FEE] setup plus [PRICE] per [BILLING PERIOD] |
Current pricing, allowances, and plan contents are shown at [PRICING PAGE URL] and at checkout. [CONFIRM ALL PLAN NAMES, CONTENTS, PRICES, BILLING PERIODS, SETUP FEES, AND ALLOWANCES.]
12.2 Automatic renewal — read this
Your subscription renews automatically. When you subscribe, you are agreeing that:
- your subscription will automatically renew at the end of each [BILLING PERIOD];
- we will charge the payment method you provided the then-current price for the renewal term,
plus tax, until you cancel;
- the renewal term is [BILLING PERIOD];
- you may cancel at any time, effective at the end of the current paid period, using the method
in Section 12.5;
- cancellation instructions are always available in Settings → Billing.
We present these terms clearly and separately at checkout, obtain your affirmative consent to them before charging you, and send you an acknowledgment containing the renewal terms and the cancellation instructions after you subscribe.
Renewal reminders. We send a reminder before each renewal that identifies the plan, the amount, the renewal date, and how to cancel. [CONFIRM CADENCE — at minimum, annual reminders are required in California, and advance notice is required for annual and longer terms in several states; counsel must set the schedule.]
12.3 Trials and introductory offers
[CONFIRM WHETHER A FREE TRIAL OR INTRODUCTORY RATE WILL BE OFFERED.]
If we offer a free trial or introductory price, we will tell you before you start: how long it lasts, what you will be charged when it ends, on what date, and how to cancel before then. We will also send you a reminder before the first charge. You may cancel at any time during the trial and you will not be charged.
12.4 Charges, taxes, and price changes
- Charges are in U.S. dollars and are processed by [PAYMENT PROCESSOR NAME].
- You authorize us to charge your payment method for the subscription, any setup fee, any overage
you agree to, and applicable taxes.
- Prices exclude tax. We collect sales tax where required.
- We may change prices. A price change does not affect your current paid term. We will give you
at least [PROPOSED 30 days'; CONFIRM] advance notice by email before a change takes effect at your next renewal, and you may cancel before it applies. If a state requires longer notice or renewed consent for a price increase, we follow that requirement.
- Failed payments. If a payment fails, we will notify you and retry. If it remains unpaid after
[PROPOSED 14 days; CONFIRM], we may suspend the household's write access while keeping your content intact and exportable for the period in Section 15. We will not delete family content because of a missed payment without clear advance warning.
12.5 Cancellation
You can cancel online, at any time, in the same place you subscribed. Go to Settings → Billing → Cancel subscription. Cancellation takes effect at the end of your current paid period.
We will not require you to call, chat, email, or speak to anyone to cancel. We will not add steps, delays, or retention offers you cannot skip.
When you cancel, your household stays available until the end of the paid period. After that, see Section 15 for what happens to your content.
12.6 Refunds
[CONFIRM REFUND POLICY. Recommended baseline stated below; founder must decide, and some states impose specific rules.]
Proposed baseline:
- Subscription fees: refundable within [PROPOSED 14 days; CONFIRM] of your first charge on a new
subscription. After that, fees for the current period are non-refundable, and cancellation stops future charges.
- Concierge setup fees: refundable before setup work begins; once work has begun, refundable on
a pro-rated basis for work not yet performed.
- Service failure: if we fail to provide the Service materially and do not fix it after you tell
us, we will refund a fair portion of what you paid.
- We do not charge a cancellation fee.
Nothing here limits a refund right you have under applicable law.
12.7 Allowances and fair use
Each plan includes storage and Guide usage allowances shown at [PRICING PAGE URL]. If you approach an allowance, we will tell you before anything is restricted and offer to upgrade or to reduce usage. We do not delete your content for exceeding an allowance. We may pause new uploads or Guide requests until the account is within allowance or upgraded.
13. Concierge and support services
If you purchase Concierge, we will help configure your family home and advise on device settings. The specific scope, response times, and deliverables are described at [CONCIERGE SCOPE / SLA URL]. [CONFIRM SERVICE LEVEL COMMITMENTS.]
Concierge is advisory. We help you configure Kithlane and we can walk you through settings on devices you control. We do not take responsibility for third-party operating systems, networks, or devices, and we cannot guarantee any particular outcome from device-level controls we do not operate.
Support access. Kithlane staff cannot access your household content without a support grant you approve, except in the narrow circumstances described in the Privacy Policy. Granting support access is always your choice, and you can revoke it at any moment.
14. Availability, changes, and beta features
Availability. We work to keep Kithlane available, but we do not promise uninterrupted service. Maintenance, provider outages, and incidents happen. [CONFIRM: whether any uptime commitment will be made for Concierge; if so it must be documented and honored.]
Changes to the Service. We may add, change, or remove features. If we remove or materially degrade a feature you are paying for, we will give you [PROPOSED 30 days'; CONFIRM] notice and, if the change materially reduces the value of your plan, a pro-rated refund or the option to cancel without penalty.
Beta and pilot features. Features labeled beta, pilot, preview, or early access are provided as is, may change or be withdrawn, and may not work reliably. Do not rely on them for anything important.
15. Export, termination, and what happens to your content
Export any time. A Family Owner can export the household's content in a portable format at any time, at no charge, from Settings → Privacy → Export. [CONFIRM FORMAT AND DELIVERY TIME.] Trusted adults can export their own contributions. Teen members can export their own creations where household policy allows.
You can close your household at any time. Settings → Privacy → Delete household. Before you confirm, we show you exactly what will be deleted, what enters a short recovery window, what remains in security and audit records and why, and when backups expire.
If your subscription ends — because you cancelled, or because payment failed and was not resolved:
- Your household becomes read-only at the end of the paid period.
- You keep the ability to sign in and export for [PROPOSED 30 days; CONFIRM].
- After that, we send a final notice and then delete household content according to the retention
schedule in the Privacy Policy.
We will not hold your family's memories hostage. Export is always available and always free.
Deletion is real. Deleted content is removed from production systems and does not return when a backup is restored. Backups expire on their normal cycle. Records we are legally required to keep — tax records, and anything under a legal hold — are retained and identified to you.
16. Family disputes
Kithlane is a shared household product, and families sometimes disagree.
We are not an arbiter. Kithlane will not decide who is entitled to control a household, who has custody of a child, who owns a photograph, or who should have been invited. We do not take sides in family disputes.
What we will do. If we receive credible, conflicting claims about ownership of a household or authority over a child profile, we may:
- freeze role changes, billing changes, deletion, and owner transfer until the dispute is resolved;
- preserve content rather than delete it, pending resolution;
- act on a court order or a valid legal instrument presented to us.
What we will not do. We will not give one household member access to another member's private content on request, and we will not remove a guardian at another guardian's request without legal authority or Family Owner action within the product.
If your household is in a situation involving safety, seek help from qualified people. Emergency services, a family lawyer, or a child protection agency can act where we cannot.
17. Suspension and termination by Kithlane
We may suspend or terminate access if:
- you materially breach these Terms, including Section 7;
- your subscription is unpaid after notice;
- we are required to by law or valid legal process;
- there is a credible, urgent safety or security risk.
Notice. Except for urgent safety, security, or legal situations, we will tell you what happened and give you a chance to fix it before we suspend or terminate. Where possible we will use the narrowest measure — removing a single item or restricting one feature rather than terminating a household.
Appeal. If we suspend or terminate you and you believe we got it wrong, email [SUPPORT EMAIL ADDRESS] and we will review it. [CONFIRM APPEAL SLA.]
Export after termination. Except where prohibited by law or where content is unlawful, we will give you a reasonable opportunity to export your Family Content before deletion.
18. Copyright and DMCA
We respect copyright. If you believe content on Kithlane infringes your copyright, send a notice to our designated agent:
Designated Copyright Agent [DMCA AGENT NAME] JRSB Solutions, LLC [DMCA AGENT MAILING ADDRESS] Email: [DMCA AGENT EMAIL ADDRESS] Phone: [DMCA AGENT PHONE]
[CONFIRM: the agent must be registered with the U.S. Copyright Office at dmca.copyright.gov, and the registration must be renewed every three years, to preserve safe-harbor protection.]
Your notice must include: a signature; identification of the copyrighted work; identification of the material claimed to be infringing and enough information to locate it; your contact information; a statement that you have a good-faith belief the use is not authorized; and a statement, under penalty of perjury, that the information is accurate and that you are authorized to act for the owner.
Counter-notice. If your content was removed and you believe that was a mistake, you may send a counter-notice with the elements required by 17 U.S.C. § 512(g).
Repeat infringers. We terminate the accounts of repeat infringers in appropriate circumstances.
A practical note. Because Kithlane content is private to a household and never public, copyright complaints are unlikely. We maintain this process anyway.
19. Third-party services
Kithlane relies on third-party infrastructure listed in the Privacy Policy, and guardians may approve third-party websites. Those services are governed by their own terms. We are not responsible for them and do not endorse them by making them reachable.
20. Disclaimers
Attorney attention required. The conspicuousness formatting, the specific warranties
disclaimed, and the interaction with consumer protection statutes in each state of sale must be
reviewed. Some states restrict disclaimers in consumer contracts.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." To the fullest extent permitted by law, JRSB Solutions, LLC disclaims all warranties, express, implied, and statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade.
Without limiting that, we do not warrant that:
- the Service will be uninterrupted, timely, secure, or error-free;
- defects will be corrected;
- the Service will meet your requirements;
- any content, including Guide output, is accurate, complete, or reliable;
- **the Service will prevent every harm, block every unsafe interaction, or make any child's online
experience risk-free.**
On the word "safe." Kithlane is designed to remove specific mechanisms that create risk — public discovery, strangers, advertising, engagement manipulation, unrestricted AI. We describe those design choices accurately. We do not represent that Kithlane is "safe" in an absolute sense, that it eliminates online risk, or that it substitutes for a guardian's supervision. No online service can honestly make that claim, and we do not.
Automated safety systems are imperfect. Content scanning, safety classification, and Guide verification can produce both false positives and false negatives. They are a layer of protection, not a guarantee.
Some states do not allow the exclusion of certain warranties, so some of the above may not apply to you. Nothing here limits any warranty or right that cannot be limited under applicable law.
21. Limitation of liability
Attorney attention required. The liability cap and the categories of excluded damages are
commercial decisions the founder must make, and their enforceability varies by state. The
carve-outs below are drafted conservatively; counsel should confirm scope.
To the fullest extent permitted by law:
No indirect damages. Neither JRSB Solutions, LLC nor its members, managers, employees, or service providers will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, loss of goodwill, or business interruption, even if we were advised such damages were possible.
Cap. Our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amount you paid us for the Service in the [PROPOSED 12 months; CONFIRM] before the event giving rise to the claim, or (b) [PROPOSED $100; CONFIRM].
What is not limited. These limits do not apply to:
- our gross negligence, willful misconduct, or fraud;
- our indemnification obligations, if any;
- death or personal injury caused by our negligence;
- any liability that cannot be limited or excluded under applicable law.
[CONFIRM with counsel whether additional carve-outs are appropriate — for example, breach of the confidentiality and no-training commitments in Section 8.3, which are trust-critical and where a low cap may be both commercially unwise and unattractive to a court.]
Some states do not allow these limitations, so some may not apply to you.
This allocation of risk is part of the bargain. Our pricing reflects it.
22. Indemnification
You agree to defend, indemnify, and hold harmless JRSB Solutions, LLC and its members, managers, employees, and agents from claims, damages, liabilities, and reasonable attorneys' fees arising out of:
- your violation of these Terms;
- Family Content you or your household uploaded, to the extent it infringes a third party's rights
or violates law;
- your violation of a third party's rights;
- your decisions as Family Owner or guardian regarding who you invited and what you permitted.
This does not apply to claims arising from our own breach, negligence, or misconduct.
We will notify you of any claim, let you control the defense with counsel reasonably acceptable to us, and cooperate. You may not settle a claim in a way that imposes an obligation on us without our written consent.
23. Disputes
FOUNDER DECISION REQUIRED — DO NOT PUBLISH THIS SECTION AS DRAFTED.
The structure below is a placeholder illustrating one common approach. Whether to require
arbitration at all is a business decision with real trade-offs for a consumer product built on
trust — mandatory arbitration and class waivers are enforceable in most contexts but are viewed
unfavorably by many consumers and by some state courts, and a family-facing brand may reasonably
conclude they conflict with its positioning. Mass-arbitration exposure is also a live risk.
Counsel must advise on: arbitration vs. court; the provider and rules; consumer arbitration fee
allocation; a genuine opt-out right; class and jury waivers; whether claims involving children
should be carved out; a mandatory informal-resolution period; and the small-claims carve-out.
23.1 Talk to us first
Before starting a formal proceeding, contact us at [LEGAL NOTICE EMAIL ADDRESS] with a written description of the dispute and the relief you want. We will do the same. Most problems are solved this way. Neither side may begin a formal proceeding for [PROPOSED 60 days; CONFIRM] after the notice, and the limitations period is tolled during that time.
23.2 [PLACEHOLDER — FORMAL DISPUTE RESOLUTION]
[COUNSEL TO DRAFT. If arbitration is selected, this section must specify at minimum: the administering organization and applicable consumer rules; the seat; how fees are allocated; a clear, workable opt-out right with a deadline and a method; the small-claims carve-out; the scope of any class-action and jury-trial waiver; severability of the waiver; and how claims brought on behalf of a child are treated. If litigation is selected, this section specifies exclusive venue and any jury waiver.]
23.3 Governing law
These Terms and any dispute arising from them are governed by the laws of [GOVERNING LAW STATE], without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
[CONFIRM: the governing-law choice interacts with consumer protection statutes that cannot be waived by contract. In most states a consumer retains the protection of their home state's mandatory law regardless of this clause. Counsel should confirm the choice and add the standard savings language.]
23.4 Time limit
[CONFIRM: whether to include a contractual limitations period. Some states prohibit shortening the statutory period in consumer contracts.]
24. Changes to these Terms
We may update these Terms.
- Any change: we post the updated Terms with a new effective date and a plain-language summary of
what changed at [TERMS CHANGE LOG URL].
- Material change: we give at least [PROPOSED 30 days'; CONFIRM] advance notice by email to each
Family Owner and Co-Guardian and by in-app notice. The change takes effect on the stated date. If you do not agree, you may cancel before then and we will refund the unused portion of your current term.
- We will not apply a material change retroactively to a dispute that arose before it took
effect.
- Changes affecting children's information require the consent process in the Privacy Policy, not
merely notice.
Continuing to use the Service after a change takes effect means you accept the updated Terms.
25. General
Entire agreement. These Terms, the Privacy Policy, and any order form or plan terms you accept are the entire agreement between you and JRSB Solutions, LLC about the Service.
Severability. If a provision is unenforceable, it is modified to the minimum extent necessary or severed, and the rest stays in effect.
No waiver. If we do not enforce a provision, that is not a waiver of it.
Assignment. You may not assign these Terms. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets, subject to the commitments in the Privacy Policy regarding business transfers.
Force majeure. Neither party is liable for failure to perform caused by events beyond its reasonable control, other than payment obligations.
Notices. We send legal notices to the email address on the Family Owner's account and post them in the app. It is your responsibility to keep that address current. You send legal notices to [LEGAL NOTICE EMAIL ADDRESS] and to JRSB Solutions, LLC, Attn: Legal, [LEGAL NOTICE MAILING ADDRESS].
No third-party beneficiaries. Except as stated for our members, managers, and employees in Sections 21 and 22, these Terms create no third-party rights.
Relationship. These Terms do not create a partnership, joint venture, agency, or employment relationship.
Survival. Sections 8 (content ownership and the license limits), 11, 18, 20, 21, 22, 23, and 25 survive termination.
Headings and summaries. Headings and the summary at the top are for convenience. The detailed text controls.
U.S. Government end users. The Service is commercial computer software provided with restricted rights.
26. Contact
General support: [SUPPORT EMAIL ADDRESS] Legal notices: [LEGAL NOTICE EMAIL ADDRESS] · JRSB Solutions, LLC, Attn: Legal, [LEGAL NOTICE MAILING ADDRESS] Privacy: [PRIVACY EMAIL ADDRESS] Security: [SECURITY EMAIL ADDRESS] Safety: [SAFETY EMAIL ADDRESS] Copyright agent: [DMCA AGENT EMAIL ADDRESS]
*Kithlane is a product of JRSB Solutions, LLC.* *Related documents: Privacy Policy · Children's Privacy Notice · Trust Center*