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Terms of Service

Effective Date: March 2026

1. Acceptance of Informational Terms

By accessing or interacting with the Kith landing page at kithcare.care, you agree to be bound by these Terms of Service. This website provides informational materials regarding our upcoming ambient monitoring application and Matter-native smart sensor orchestration.

2. No Medical Advice or Emergency Service Guarantee

The contents of the Kith website -- including text, graphics, videos, animations, and whitepapers -- are for educational and marketing purposes only.

The landing page does not provide medical advice, diagnostic tracking, or clinical evaluations. Interacting with this landing page does not establish a patient-provider relationship or activate emergency life-safety protocols.

3. Intellectual Property Restrictions

All visual layouts, brand assets, proprietary software diagrams (including point-cloud visualizations), and operational matrices displayed on this website are the exclusive intellectual property of Kith, Inc. Users are prohibited from scraping, cloning, or replicating landing page assets for competitive evaluation or commercial reuse without explicit written consent.

4. User Conduct

You agree not to:

  • Submit Protected Health Information (PHI), medical diagnoses, or personal health histories into public website text fields.
  • Attempt to access restricted areas of the website or underlying infrastructure.
  • Use automated tools or bots to scrape, index, or reproduce website content.
  • Misrepresent your identity or organizational affiliation in inquiry forms.

5. Disclaimer of Warranties

This website and all information contained herein are provided on an "AS IS" and "AS AVAILABLE" basis. Kith, Inc. makes no representations or warranties of any kind, express or implied, regarding the completeness, accuracy, reliability, suitability, or availability of the website or the information, products, services, or related graphics contained on the website.

6. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Kith, Inc., its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of (or inability to access or use) this website.


End-User License Agreement (EULA)

This EULA governs your use of the Kith mobile application and connected device services.

7. Scope of Service and Local Fabric Orchestration

Kith is an application software framework designed to connect, coordinate, and interpret data emitted from third-party Matter 1.5-certified ambient smart home sensors (e.g., mmWave radar units, smart hubs). The software translates local machine states into localized family dashboards and clinical time-logs.

8. Strict Liability Limitations (Medical Disclaimer)

Kith is NOT an FDA-cleared Class III life-support system, nor is it a monitoring dispatcher linked directly to municipal public safety answering points (911). Kith does not guarantee immediate physical intervention or rescue in the event of an acute emergency.

The Clinical Human-in-the-Loop Requirement: For B2B agency deployments, Kith operates strictly as an administrative Decision Support Tool. The software does not replace, override, or assume legal liability for the direct, licensed clinical evaluation and standard of care executed by the Home Health Agency's physical nursing staff.

9. Third-Party Hardware Interoperability Waiver

Kith utilizes the open-standard Matter protocol over local Thread fabrics to monitor environmental postures. Because Kith does not manufacture the physical hardware, Kith explicitly disclaims all liability for tracking failures, missing fall notifications, or service lapses caused by:

  • Local Wi-Fi network dropouts or router power failures.
  • Defective firmware packages pushed down by third-party device manufacturers (e.g., Apple, Google, Aqara).
  • Physical tampering, masking, misplacement, or uncalibrated mounting of the mmWave radar arrays in the home.

10. Critical Alert and Override Permissions

To ensure critical fall alarms function effectively, the user must explicitly grant the application "Critical Alert" system permissions during installation. You acknowledge that choosing to disable High-Priority notifications or placing user terminals into system-wide manual mute layers risks silencing emergency life-safety updates.

11. Remote Patient Monitoring (RPM) Compliance Verification

For users tracking data to satisfy insurance metrics under Medicare/Medicaid:

  • You authorize Kith to generate automated immutable time-stamps tracking your physiologic data transmission frequency to support CMS 2026 CPT Codes (99445 and 99454).
  • You acknowledge that a minimum threshold of data continuity (2 days for CPT 99445; 16 days for CPT 99454) must be maintained to generate the necessary clinical validation paperwork required by your home healthcare provider.

12. License Grant

Subject to your compliance with these Terms, Kith, Inc. grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Kith application on mobile devices that you own or control, solely for your personal or authorized institutional purposes.

13. Restrictions

You shall not:

  • Copy, modify, or create derivative works of the application.
  • Reverse engineer, disassemble, or decompile the application or any part thereof.
  • Sell, transfer, sublicense, or distribute the application to third parties.
  • Use the application for any unlawful purpose or in violation of any applicable regulations.
  • Remove, alter, or obscure any proprietary notices within the application.

14. Termination

Kith, Inc. may terminate or suspend your access to the application at any time, with or without cause, with or without notice. Upon termination, all licenses granted herein immediately expire. All locally stored data remains on your device; Kith does not retain cloud copies of your physiological data.

15. Governing Law and Dispute Resolution

These Terms and App Policies are governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. Any legal action or proceeding arising under this software application environment shall be brought exclusively in the federal or state courts located in New York County, New York.

16. Changes to These Terms

Kith, Inc. reserves the right to modify these Terms at any time. Material changes will be communicated via the application or email at least 30 days prior to taking effect. Your continued use of the service after such modifications constitutes acceptance of the updated Terms.

17. Contact Information

For questions about these Terms of Service or EULA, please contact:

Kith, Inc.
Legal & Compliance Office
Email: legal@kithcare.care

Kith.
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