Terms of Service
Terms and Conditions between Kris and customers
This website is operated by Kris Kendall (or “us”), who offers this website, as well as all related websites, including all information, tools and service available from this website (“Site”) to you, the customer, conditioned upon your acceptance of the following terms and conditions (“Terms”).
Site is hosted by StudyHub Online s.r.o. (“Provider”). The Provider provides us with the e-commerce online platform (“Flowlance”) that allows us to provide you with our services. The terms of use of the Flowlance App and the Site are governed by separate terms available here: https://www.flowlance.com/general-conditions
You agree that by using and/or accessing the Site, you have read, understood, and agreed to be bound by these Terms, as well as you acknowledge that any other agreements between you and the Site are superseded and of no force or effect. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE APP OR THE WEBSITE.
User Content and License
All content made available on the Site (e.g. videos, sound-recordings, text, artwork, training materials, products, services and/or other materials) by Kris (“Content”) is the property of Kris and/or its third-party providers.
You may access and use the Content for your personal, non-commercial use only, subject to compliance with these Terms. You are granted a limited, non-exclusive, non-transferable, and non-sublicensable license.
You may not copy, reproduce, republish, upload, post, transmit, distribute, or use Content for any public or commercial purpose without the express written consent of Kris.
Intellectual Property
All Content is protected by copyright unless otherwise stated. Trademarks, logos, names, and likenesses of the people displayed on the Site are owned by or used with permission from Kris. Unauthorized use may violate applicable laws and is strictly prohibited.
Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of Kris, as well as other authors who created the materials, and may be subject to monetary damages and penalties.
Accuracy
Although we strive to provide accurate and updated information, Kris makes no warranties regarding the accuracy, completeness, or reliability of any information on the Site.
Electronic Communication
By registering or interacting with the Site, you consent to receive communications from us electronically. These may include notices, agreements, updates, and promotional materials.
Privacy
Kris will not intentionally disclose your personal information to third parties unless required by law or as necessary to enforce these Terms.
Personal Communications
Kris respects the personal nature of communications shared as part of The Best Friend Experience and will not intentionally publish or publicly share the substance of personal conversations without the customer's permission, except where disclosure is reasonably necessary to comply with law, protect Kris or another person, address suspected unlawful conduct, enforce these Terms, or obtain professional legal, financial, technical, or business advice.
Communications with Kris are not legally privileged and should not be treated as communications with an attorney, therapist, physician, or other professional whose communications may be protected by law.
You retain ownership of any personal content you share with Kris, including messages, photographs, screenshots, stories, writing, ideas, documents, or other materials. Sharing something with Kris as part of The Best Friend Experience does not transfer ownership of that content to Kris or give Kris permission to publish, reproduce, sell, or otherwise use it for commercial or promotional purposes.
Data Security
We apply reasonable technical and organizational measures to secure data. However, we cannot guarantee the security of data transmitted or stored through the Site. Use of the Site is at your own risk.
Disclaimer of Warranties
THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THE SITE IS FREE FROM HARMFUL COMPONENTS.
ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Kris does not guarantee any particular emotional, social, personal, professional, or other outcome from participating in The Best Friend Experience. Relationships are personal and subjective, and individual experiences will vary.
Third-Party Services
Kris is not responsible for issues caused by third-party providers (e.g., Provider, payment processors). Problems with such services should be addressed under the terms you have with those providers.
We do not endorse or control third-party content, and access to such services is at your own risk.
Purchases and Payments
By purchasing products or services through the Site, you agree to pay all applicable fees on time and provide a valid payment method. Pricing is subject to change from time to time and Kris does not provide price protection.
All sales are final and non-refundable except as expressly provided in these Terms or as required by applicable law. Because Kris limits the number of Best Friend Experience clients she accepts and reserves personal availability for purchased services, refunds are not provided for change of mind, buyer's remorse, scheduling conflicts, failure to use included benefits, or a customer's decision to discontinue participation.
In the event of technical problems or unavailability, remedies are limited to replacement or refund, as determined by Kris.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL KRIS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE CONTENT.
Scheduling, Cancellations, and Rescheduling
If your purchase includes a scheduled Best Friend Hang or other call, it is your responsibility to schedule it during the applicable service period.
Scheduled Hangs may be rescheduled with at least 24 hours' notice, subject to availability.
Cancellations made with less than 24 hours' notice and missed appointments are considered used and are non-refundable.
Unused Hangs, messaging access, gifts, or other benefits have no cash value and are not refundable or transferable.
If Kris must cancel a scheduled Hang, the user will be offered an opportunity to reschedule without penalty.
Indemnification
You agree to indemnify and hold harmless Kris, its affiliates, directors, employees, and agents from any liabilities, claims, or expenses arising from:
Your breach of these Terms,
Your violation of laws or third-party rights,
Content you submit through the site or share in violation of another person's right,
Your use of the Site or Content or your interactions with others.
Nature and Scope of The Best Friend Experience
The Best Friend Experience is a personal friendship and social-connection service. It is not therapy, counseling, coaching, medical care, legal advice, financial advice, crisis intervention, or any other licensed professional service.
Messaging access means the ability to communicate with Kris through the communication methods included in the purchased package. It does not mean continuous, immediate, on-demand, or 24-hour availability.
Kris responds personally and within her normal availability. Response times may vary due to work, family obligations, travel, illness, vacations, and other circumstances.
The Best Friend Experience does not provide emergency or crisis services. If you are experiencing an emergency or believe you or another person is in immediate danger, contact the appropriate emergency service.
The Best Friend Experience is strictly non-romantic and non-sexual. Purchasing a service does not create any entitlement to romantic, sexual, physical, or otherwise inappropriate interaction with Kris.
Relationship Boundaries and Termination
Friendship is a two-way relationship. Kris reserves the right to decline or discontinue an ongoing Best Friend Experience relationship if she determines that the relationship is not an appropriate fit.
Kris may immediately suspend or terminate services for threatening, abusive, harassing, discriminatory, sexually inappropriate, unsafe, unlawful, or repeatedly boundary-violating behavior.
If services are terminated because the user violated these Terms or engaged in prohibited conduct, no refund will be due except as required by applicable law.
If Kris elects to terminate a multi-month package for reasons unrelated to customer misconduct, she will provide an appropriate partial refund for the materially unused portion of the package.
A customer's decision to stop participating in or using a purchased offering does not create a right to a refund.
Kris understands that circumstances can change. If a customer needs to end a multi-month Best Friend Experience early, the customer may contact Kris to discuss the circumstances. Kris may, at her sole discretion, offer a partial refund for the unused portion of the experience. Any refund is determined individually based on the circumstances and is not guaranteed. If a partial refund is offered, services already received will be valued at their regular, non-discounted price rather than the discounted rate included in a multi-month package. For six- and twelve-month packages, each completed or partially used month will be valued at the then-current regular price of the comparable one-month Best Friend Experience. Any discretionary refund will be calculated from the amount originally paid after deducting that value.
Package Terms
One-month, six-month, and twelve-month packages are provided for the specific service period stated at purchase.
The service period begins on the date specified at purchase or, if no date is specified, when the package is activated by Kris.
Package benefits must be used during the applicable service period unless Kris agrees otherwise in writing.
Unused benefits do not roll over beyond the service period and have no cash value.
Packages do not automatically renew unless automatic renewal is expressly disclosed and separately authorized at the time of purchase.
Governing Law and Jurisdiction
These Terms shall be governed by the laws of California.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.
Contact
For questions regarding these Terms, contact us at kkendall@gmail.com.
Changes to Terms
We may update these Terms at any time by posting a revised version on the Site. It is your responsibility to review them periodically. Continued use of the Site constitutes acceptance of the updated Terms.