Effective Date: July 30, 2026
Welcome to 1PercentKind. These Terms of Service ("Terms") govern your use of the services provided by 1PercentKind LLC, an Ohio limited liability company ("1PercentKind," "we," "our," or "us"), including our mobile application, website, and related services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms.
Please read these Terms carefully. If you do not agree to these Terms, you may not use the Platform.
By creating an account, clicking "I Agree," or otherwise accessing or using 1PercentKind, you consent to transact electronically and agree that electronic signatures have the same legal effect as handwritten signatures. You agree to these Terms and our Privacy Policy. If you are using the Platform on behalf of an organization or another individual (such as an older adult family member), you represent that you have the authority to bind them to these Terms.
1PercentKind is a for-profit intergenerational social connection platform. We aim to reduce senior loneliness by facilitating virtual companionship. The Platform matches Seniors with vetted Volunteers for telephone or video calls. We also offer a paid dashboard for Family Caregivers to stay informed about their loved one's engagement on the platform.
To use 1PercentKind, you must meet the following criteria:
- Age: You must be at least 18 years old to create an account.
- Location: The Platform is currently intended only for users residing in the United States.
- Volunteers: Prospective Volunteers must be verified through one of two paths: (a) institutional screening via an approved college service center, or (b) a Checkr background check (self-funded) for independent volunteers. Verification must be completed before Volunteers are permitted to connect with Seniors.
- Authentication: We use phone number verification (SMS OTP) to create and secure accounts.
- Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
- One Account: You may only register for one account per person. You agree to provide accurate, current, and complete information during registration.
Seniors use the platform free of charge to connect with Volunteers.
- Expectations: Seniors are expected to treat Volunteers with respect and courtesy.
- Autonomy: Seniors have the absolute right to accept, decline, or terminate a match or call at any time, for any reason.
Volunteers use the platform to offer companionship.
- Independent Status: Volunteers are independent third-party users and are not employees, agents, representatives, or contractors of 1PercentKind. Nothing in these Terms creates an employment, partnership, agency, or joint venture relationship between 1PercentKind and any User.
- Verification: All Volunteers must be verified. Additional information regarding background checks is described in our Privacy Policy.
- Training: Volunteers are expected to review and adhere to all provided training materials and guidelines.
- Code of Conduct: Volunteers must maintain boundaries, protect the Senior's privacy, and act with empathy, patience, and respect.
Family Caregivers can purchase a Subscription to access a dashboard monitoring their Senior's activity.
- Access: The dashboard provides metadata (such as call frequency and duration) and general engagement info.
- Privacy Boundaries: To protect the privacy and autonomy of the Senior, Family Caregivers cannot access the actual audio, transcripts, or specific conversational details of the calls. Furthermore, Caregivers do not have the ability to edit the Senior's profile or terminate matches on their behalf.
- Subscriptions: Dashboard access requires an active paid Subscription (see Section 10).
To ensure a safe community, you agree to comply with all applicable laws while using the Platform, and you agree not to:
- Use the platform for any fraudulent or illegal purposes.
- Solicit money, donations, gifts, or financial assistance from any user.
- Harass, abuse, insult, harm, defame, or discriminate against any user.
- Request, share, or disclose sensitive personal financial information (e.g., bank accounts, social security numbers, credit cards).
- Exploit, manipulate, or take advantage of Seniors or any other user.
- Use the platform to sell or market products or services.
- Record, transcribe, or capture screenshots/video of any calls without the explicit prior consent of all participants. 1PercentKind does not record, transcribe, monitor, or listen to user conversations. Users are likewise prohibited from recording calls without the consent of all participants.
- Two-Tier Process: We verify Volunteers through one of two paths:
- College Service Center Path: Volunteers sourced through approved college service centers are institutionally screened. The partnering college must maintain criminal background checks as a minimum standard. 1PercentKind performs additional internal verification: student ID photo confirmation and coordinator email reference. We maintain a curated list of approved college service centers.
- Independent Volunteer Path: Volunteers not affiliated with an approved college program must complete a full background check administered by our third-party partner, Checkr, at their own expense.
- Not a Guarantee: While we require verification through institutional screening or background checks, these measures are not a perfect safety measure and do not guarantee the future behavior or safety of any user.
- Removal: 1PercentKind reserves the right to deny access or remove any user from the Platform at any time, at our sole discretion, based on the results of verification screening or any violation of these Terms.
- Double-Consent: Matches between Seniors and Volunteers are based on mutual opt-in (double-consent).
- Voluntary Nature: All interactions are entirely voluntary. No user is ever obligated to answer a call or continue a relationship.
- Ending a Match: Either party may end a match at any time through the Platform without penalty.
- Family Dashboard: Family Caregivers may purchase a Subscription for dashboard access. Pricing will be presented at the time of purchase. Purchases made through the Apple App Store or Google Play are also subject to the applicable store terms and billing policies.
- Refund Policy: Subscriptions may be canceled at any time, but we do not offer prorated refunds for partial months unless required by law.
- Independent Volunteer Background Checks: The Checkr background check fee (~$29.99) applies only to independent (non-college) Volunteers and is strictly non-refundable, regardless of whether the Volunteer is approved to use the Platform. College-sourced Volunteers verified through an approved college service center have no screening fee.
All content, design, graphics, text, and source code on the Platform are the intellectual property of 1PercentKind or our licensors. You are granted a limited, non-exclusive, non-transferable license to use the Platform for your personal, non-commercial use. You may not copy, modify, distribute, or create derivative works from our intellectual property without express written permission. This license immediately terminates upon termination of your account.
By submitting User Content to the Platform (such as bios, photos, and interests), you grant 1PercentKind a worldwide, non-exclusive, royalty-free license, transferable solely as necessary to operate the Platform, to host, display, transmit, and process User Content. We may remove User Content that violates these Terms at any time. If you provide feedback, ideas, or suggestions regarding the Platform, we may freely use such feedback without compensation or obligation to you.
Your privacy is critically important to us. Your privacy rights, including those under CPRA and GDPR, are described in our Privacy Policy. By using the Platform, you consent to the collection and use of your information as outlined in the Privacy Policy.
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Please read these additional disclaimers carefully. By using 1PercentKind, you acknowledge and agree that:
- NOT A Healthcare Provider: 1PercentKind is a social connection platform, not a healthcare provider. We do not provide medical advice, diagnosis, treatment, or clinical services. Our Service is intended solely to foster social connections and reduce isolation. Although users may voluntarily discuss health matters during conversations, 1PercentKind does not intentionally collect or process Protected Health Information (PHI) as defined under the Health Insurance Portability and Accountability Act (HIPAA). Furthermore, we do not intentionally collect "Consumer Health Data" as defined by state health privacy laws (such as Washington's My Health My Data Act, Nevada SB 370, the Connecticut Data Privacy Act, or New York health privacy laws), and California CMIA generally does not apply as we are not a healthcare provider. If users voluntarily disclose medical information during calls, 1PercentKind does not monitor, record, or store those conversations.
- NOT An Emergency Service: The Platform is not monitored for emergencies. If you or someone else is experiencing a medical or psychological emergency, call 911 immediately.
- NOT Professional Caregiving: Volunteers are offering peer companionship; they are not licensed caregivers, nurses, or social workers, and the service is not a substitute for professional caregiving.
- Inherent Risk: While we verify Volunteers through institutional screening or background checks, you interact with other users at your own risk. These measures reduce, but do not eliminate, all risks.
To the maximum extent permitted by law, 1PercentKind and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Platform; (b) the conduct or content of any third party or user on the Platform; or (c) unauthorized access, use, or alteration of your transmissions or content. In no event shall our aggregate liability exceed the amount you paid us, if any, in the past six months for the services giving rise to the claim.
You agree to indemnify, defend, and hold harmless 1PercentKind and its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Platform; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; or (d) your interaction with any other user.
Please read this section carefully, as it affects your legal rights.
Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (a "Dispute"), shall be determined by binding arbitration in Ohio, before one arbitrator.
The arbitration shall be administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules. The AAA Consumer Arbitration Rules are available at www.adr.org or by contacting the American Arbitration Association. We will pay arbitration filing, administration, and arbitrator fees to the extent required by applicable law or the AAA Consumer Arbitration Rules.
The Federal Arbitration Act ("FAA") governs the interpretation and enforcement of this arbitration agreement. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Opt-Out Provision: You may opt out of arbitration within 30 days of account creation by emailing legal@1percentkind.com.
Small Claims Exception: Either you or 1PercentKind may assert claims, if they qualify, in small claims court in Ohio or any United States county where you live or work.
Class Action Waiver: YOU AND 1PERCENTKIND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If this specific class action waiver is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
- By You: You can delete your account directly inside the 1PercentKind application by navigating to Settings > Account > Delete Account, or by contacting support.
- By Us: We may suspend or terminate your account at any time, without notice or liability, for any reason, including if we determine that you have violated these Terms.
- Effect of Termination: Upon termination, your right to use the Platform will immediately cease. Certain information may be retained as described in our Privacy Policy and as required by applicable law.
These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law provisions, and the Federal Arbitration Act.
Except as provided in Section 16 (Class Action Waiver), if any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.
These Terms, along with our Privacy Policy, constitute the entire agreement between us regarding our Platform, and supersede and replace any prior agreements. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.
1PercentKind shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including but not limited to natural disasters, internet failures, cloud outages, governmental actions, acts of terrorism, labor disputes, utility failures, or cyberattacks.
You represent that you are not located in any jurisdiction subject to comprehensive U.S. sanctions and are not prohibited from receiving the Platform under applicable export control laws.
The provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution.
If you download the Platform through a third-party app store, such as the Apple App Store, the following terms apply:
- Apple is not a party to these Terms.
- Apple has no obligation to furnish any maintenance or support services with respect to the Platform.
- Apple is not responsible for addressing any claims relating to the Platform, including product liability or warranty claims.
- Apple and Apple's subsidiaries are third-party beneficiaries of these Terms.
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms.
If you have any questions about these Terms, please contact us at:
- Legal & Terms Inquiries: legal@1percentkind.com
- Privacy Inquiries: privacy@1percentkind.com