TERMS OF USE

Please read these Terms of Use (“Terms”) carefully before using the Kboodle (“we,” “our,” or “us”) website at https://kboodle.com/, our mobile application(s), or any related services (collectively, the “Services”). By accessing or using the Services, you enter into a legal agreement with us and agree to be bound by these Terms. If you don’t agree, please don’t use the Services.

These Terms don’t apply to any website or property owned by anyone other than us.

1.   License to Use the Services

Subject to these Terms, we grant you a non-transferable, non-exclusive, limited license to access and use the Services for your personal or professional use in creating and managing your own Albums.

We don’t warrant that any content on the Services (“Content”) is accurate, complete, current, or free of errors, or that your access will be uninterrupted or error-free.

2.    Services Use and Content

  • Use of the Services. Ownership of the Services and Content remains with us. You may view or print a single copy of any page for personal, non-commercial reference, without removing any copyright or proprietary notices. You may not otherwise copy, distribute, publish, or sell Content from the Services without our prior written consent.
  • Restrictions on Use. You may not: (i) remove copyright, trademark, or proprietary notices; (ii) reproduce, distribute, sell, or publicly display the Services except as we expressly permit; (iii) reverse-engineer or attempt to derive the source code of the Services; (iv) use bots, scrapers, or automated tools to extract data from the Services or place undue burden on our systems; (v) attempt unauthorized access to the Services or related systems; (vi) use the Services to harass, stalk, or harm another person, or in violation of any law; (vii) impersonate any person or entity; or (viii) use the Services in any way that creates a false or misleading impression about us.

3.    Fair Use and Prevention of Abuse

Each subscription plan (Basic or Pro) includes storage, video, and AI-processing allowances as described on our pricing page. You agree to use the Services in a manner consistent with normal personal or professional storytelling use.

We reserve the right to monitor usage and, in our reasonable discretion, to limit, throttle, charge for overages, suspend, or terminate accounts whose usage is disproportionate to typical use for the applicable plan, or that we determine is intended to circumvent plan limits — for example, using the Services as general-purpose bulk file storage, or excessive automated AI-processing requests unrelated to ordinary use. Where practical, we’ll make reasonable efforts to notify you and offer the chance to upgrade your plan or reduce usage before taking such action; we may act without prior notice in cases of suspected fraud or abuse.

4.     Updates

We may modify the Services, Content, User Content, or these Terms, or discontinue any part of the Services, at any time. We’ll make an effort to post changes to these Terms on this page. Continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.

5.    Privacy

Personal data you provide is handled in accordance with our Privacy Policy.

6.    User Accounts

  • Creating an Account. You may browse parts of the Services as a Visitor. To access Album-creation features, you must register as a Member by providing your name, email address, and a password.

    We use reasonable precautions to protect your account information, but you’re responsible for keeping your password confidential, for logging out at the end of each session, and for notifying us immediately of any unauthorized use of your account.

  • Accurate Information. You agree to provide true, accurate, and current information when registering, and to keep it up to date. We may suspend or terminate accounts with information we reasonably believe is false or misleading.
  • One Account Per User. Accounts are non-transferable. You’re responsible for all activity under your account.
  • Account Deactivation.

    We may deactivate your account if: you request it; you don’t respond to repeated communications about your account; you fail to make required payments (see Section 15 for what happens to your account and content in that case); you’re located somewhere use of the Services is unlawful; or you act fraudulently or inappropriately. You remain responsible for charges incurred before deactivation. If you pass away, see Section 6(e) (Legacy Access for Deceased Account Holders) for how your account and content are handled.

  • Legacy Access for Deceased Account Holders. Kboodle is built to help preserve family memories across generations, and we want your Albums to remain accessible to your family after you’re gone.

    You may designate a Legacy Contact — a family member or trusted individual who can access and continue your account after your death — by contacting us at [email protected]. Upon our receipt of reasonable proof of your death (such as a death certificate) and verification of your designated Legacy Contact, we will transfer account access to that person. To continue viewing, managing, or sharing your Albums, the Legacy Contact must bring the subscription current and continue paying the applicable subscription fees going forward.

    If you haven’t designated a Legacy Contact, an immediate family member may request access by providing a death certificate and reasonable proof of their relationship to you. We’ll evaluate such requests in good faith and may request additional documentation to verify them. As with a designated Legacy Contact, continued access requires bringing the subscription current and maintaining ongoing payments.

    If we become aware that an account holder has passed away and no Legacy Contact or family member comes forward within six (6) months, we will handle the account consistent with Section 15 (Non-Payment: Account Freeze, Reactivation, and Deletion) and the data retention practices described in our Privacy Policy.

7.   Acceptable Use and Prohibited Content

(a) Prohibited Content. You agree not to upload, store, or share through the Services any content that:

  • is unlawful, defamatory, obscene, or harassing;
  • depicts or facilitates child sexual abuse material (CSAM) — we have zero tolerance for such material and will remove it immediately, terminate the associated account, and report it to the National Center for Missing & Exploited Children (NCMEC) and/or law enforcement as required by law;
  • infringes the intellectual property, privacy, or publicity rights of any third party;
  • depicts an identifiable person without that person’s consent, or — in the case of a minor — without the consent of a parent or legal guardian;
  • contains malware or other harmful code; or
  • otherwise violates applicable law.

We reserve the right, but assume no obligation, to review, remove, or disable access to any User Content that violates this section.

(b) Content From Other Users. You acknowledge that, because other users may upload their own content, you may encounter material you find objectionable. Your use of the Services is at your own risk, and we aren’t liable for content posted by other users that you find offensive or objectionable.

8.    Age Requirements

You must be at least eighteen (18) years old, or an emancipated minor, to create an account and use the Services. The Services aren’t directed to children under thirteen (13), and we don’t knowingly permit children under 13 to register for accounts.

Many users upload photos, videos, or stories depicting their own minor children. In doing so, you represent that you have the legal right and appropriate parental/guardian authority to upload and share that content through the Services.

9.    Disclaimers

  • No Warranties. THE SERVICES, CONTENT, AND USER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND EXCEPT WHERE LEGALLY REQUIRED. WE DON’T WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERRORFREE, OR FREE OF HARMFUL COMPONENTS.
  • AI-Generated Content. Certain features use artificial intelligence and machine learning — including third-party processing services — to process photos and generate suggested story descriptions. AI-generated suggestions may contain inaccuracies and do not reflect our endorsement or verification of their accuracy. You’re responsible for reviewing and editing any AI-generated content before relying on, publishing, or sharing it.
  • Indemnification. You agree to defend, indemnify, and hold us harmless from claims, damages, and expenses (including reasonable attorneys’ fees) arising from: (i) your breach of these Terms; (ii) your use of the Services; or (iii) any claim that your User Content caused damage to, or violated the rights of, a third party — including any claim arising from User Content depicting another person without appropriate consent.
  • Your Responsibilities. You’re responsible for verifying the accuracy of data you submit through the Services. While we may review User Content, you remain responsible for it.
  • Devices and Network Access. You’re responsible for obtaining and maintaining the devices and network access needed to use the Services, including any data or messaging charges from your carrier.
  • No Professional Advice. Content on the Services reflects the opinions of its author(s) and isn’t professional advice. We’re not liable for actions taken based on Content or User Content.

10.    Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES WON’T BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE. SOME JURISDICTIONS DON’T ALLOW THESE LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

11.  Third-Party Content and Applications

The Services may link to, or include, content and applications provided by third parties, including providers who assist us with AI processing, hosting, and security. We don’t control and aren’t responsible for third-party content, applications, or their privacy practices.

12.    Intellectual Property

The Services and Content are owned by us, our affiliates, or our licensors, and are protected by applicable intellectual property laws. Except as expressly permitted in these Terms, no part of the Content or User Content may be reproduced without permission. Our trademarks, logos, and service marks may not be used without our prior written consent.

13.    Copyright Complaints (DMCA)

We respond to notices of alleged copyright infringement consistent with the Digital Millennium Copyright Act. To submit a takedown notice, send our DMCA Agent, by email to support@kboodle.com or by certified mail to Kboodle, LLC, 400 Rella Blvd, 207-1955, Montebello, NY 10901 (Attn: DMCA Agent), a written notice including:

  1. identification of the copyrighted work(s) claimed to be infringed;
  2. identification of the allegedly infringing material and its location on the Services;
  3. your contact information;
  4. a statement of good-faith belief that the use isn’t authorized;
  5. a statement, under penalty of perjury, that the notice is accurate and that you’re authorized to act on the copyright owner’s behalf; and
  6. your physical or electronic signature.

A user whose content is removed may submit a counter-notification containing the information required under the DMCA. We’ll forward valid counter-notifications to the original complaining party and may restore the content after ten (10) business days unless we receive notice that a lawsuit has been filed.

Before submitting a takedown notice, consider whether the use might be protected by fair use — you may be liable for costs and attorneys’ fees for knowingly false claims.

14.    Termination

We may suspend or terminate your access to the Services at any time, for conduct we believe violates these Terms or is harmful to us, other users, or third parties.

Upon termination or account closure, you’ll have an opportunity to export your photos, videos, and stories before they’re permanently deleted from our systems, consistent with the data retention period described in our Privacy Policy. QR Pictures linked to deleted content may stop functioning once that period has passed. We aren’t responsible for physical prints created using QR Pictures technology once the associated account or content has been deleted.

15.    Non-Payment: Account Freeze, Reactivation, and Deletion

If a subscription payment fails, or if your free trial ends without converting to a paid subscription, your account will move to a limited read-only state rather than being closed immediately.

  • Grace Period. Following a failed payment, we’ll make reasonable attempts to collect payment over a period of thirty (30) days. During this grace period, your account may have limited access. If your free trial ends without a subscription being activated, your account moves to read-only access immediately.
  • Read-Only Access. Once the grace period ends (or upon trial expiry), your account will enter a read-only state for up to six (6) months. During this time, you can log in and still see the listing of all your stories and albums that you created. You will not be able to create new content, edit existing content, or share any content. Any albums, QR Pictures™, and QR Stickers™ you have previously shared will be temporarily unavailable to recipients for the duration of this period.
  • Reactivation. You may reactivate your account at any time during the read-only period by updating your payment method and bringing your account current. Reactivation restores full access to your account and all your content immediately, including restoring access to previously shared albums, QR Pictures™, and QR Stickers™ for recipients.
  • Permanent Deletion. If your account remains in read-only status for six (6) months without reactivation, we will permanently delete the account and all associated content. Once deleted, your content cannot be recovered. QR Pictures™ and QR Stickers™ linked to deleted content will cease to function permanently.

16.    User Content

  • Definition. “User Content” means the photos, videos, audio, written stories, captions, comments, and other material you upload to or submit through the Services.
  • Ownership and License. You retain all ownership rights in your User Content. You represent and warrant that you own all rights in your User Content, or have obtained all rights, licenses, and consents necessary (including, where applicable, from any third party depicted, or from the parent/guardian of any depicted minor) to upload and share it through the Services.

    By submitting User Content, you grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, and process your User Content solely to: (i) provide and improve the Services for you and anyone you specifically choose to share content with (such as through a QR Picture or a shared Album); (ii) enable AI-assisted features you choose to use, including transmitting content to our third-party AI processing provider solely for that purpose; and (iii) maintain backups for data protection. We do not use your User Content for public promotional or marketing purposes, and we do not sell your User Content. This license ends when you delete the content or close your account, subject to our data retention practices described in our Privacy Policy.

  • Review and Removal. We may, but aren’t obligated to, review User Content before or after it’s made available, and may remove or restrict content that violates Section 7 (Acceptable Use and Prohibited Content) or these Terms generally. You remain solely responsible for your User Content and its consequences.

17.  Payment Terms

We may offer paid subscription plans (Basic or Pro) and in-app purchases (such as additional storage or AI processing credits). Prices exclude applicable taxes unless stated otherwise and are subject to change; we may correct pricing errors.

Automatic Renewal. Subscriptions automatically renew at the end of each billing period unless cancelled beforehand through your account settings. Cancellation takes effect at the end of the current billing period; we don’t provide partial refunds for the remainder of a paid period except as required by law.

Downgrades. If you downgrade to a plan with a lower storage or feature allowance than your current usage, you may need to remove or archive content to fit within the new plan’s limits, or your account may become subject to the fair-use provisions in Section 3.

18.    Governing Law; Jurisdiction

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. You agree to the exclusive jurisdiction and venue of state and federal courts located in Delaware for any disputes.

19.    Local Laws and Export Restrictions

We make no representation that Content is appropriate for use outside the United States. Access from jurisdictions where it’s unlawful is prohibited/

Software and technical data obtained through the Services may be subject to U.S. export controls, including the Export Administration Regulations. You agree not to export or reexport such software or data to any country, entity, or person subject to U.S. export restrictions, including those listed on the U.S. Department of Commerce Bureau of Industry and Security‘s Denied Parties List or the U.S. Treasury’s Specially Designated Nationals list. You represent that no U.S. federal agency has suspended, revoked, or denied your export privileges.

20.     Miscellaneous

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Services.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

No Waiver. Our failure to enforce any right or provision won’t be considered a waiver of that right.

Force Majeure. We’re not liable for delays or failures caused by circumstances beyond our reasonable control.

Assignment. We may assign these Terms in connection with a merger, acquisition, or sale of assets. You may not assign these Terms without our prior written consent.

21.    Contact Us

If you have questions, comments, or believe something on the Services is inappropriate, contact us at:

Kboodle, LLC 400 Rella Blvd, 207-1955 Montebello, NY 10901 Phone: 845-789-4383 Email: support@kboodle.com

Copyright © 2026 Kboodle, LLC. All Rights Reserved.

Last updated: July 21, 2026