Legal

Terms of Use

Last updated 24 August 2026 · Popquarry Productions LLC

1. Agreement and Apple license

These Terms are between you and Popquarry Productions LLC, a Wyoming limited liability company (“KINCLUTCH,” “we,” “us”). They govern the website, iPhone app and connected services (the “Service”). By using the Service, you agree to them. If you do not agree, do not use the Service.

The Apple Standard EULA applies to the iPhone app and these Terms supplement it for KINCLUTCH services. If the two conflict, mandatory Apple terms and applicable law control.

2. Who may use KINCLUTCH

The organizer account is intended for adults. You must be at least 18, or the age of legal majority where you live, and able to form a contract. A recipient may answer a private questionnaire without an account; users must route a questionnaire for anyone under 13 through an appropriate parent or guardian or complete it together.

3. What the Service does

KINCLUTCH helps you keep birthdays and gift information, schedule reminders, create private preference questionnaires, track planning progress and optionally request AI-assisted Gift Help.

Gift Help is research assistance, not a promise. Suggestions, evidence, prices, inventory and delivery estimates can be incomplete, wrong or become outdated. Confirm the important details directly with the retailer before you buy.

4. Your account, device and backups

You are responsible for your device security, app access, account activity and accurate purchase information. Keep a current export or backup of information you cannot afford to lose. Notifications depend on device permissions, operating-system behavior and conditions outside our control; do not use KINCLUTCH as the only record of a critical date or obligation.

5. Your information about other people

You retain ownership of the information you enter. You give KINCLUTCH a limited license to host, process, secure, display and transmit that information only as needed to provide the features you choose.

You are responsible for having a lawful and respectful reason to record information about another person. Do not enter highly sensitive information the Service does not request. Do not use KINCLUTCH to monitor, profile, embarrass, harass or harm anyone. Keep private questionnaire links private and send them only to an appropriate recipient or guardian.

6. Subscriptions and AI Credits

• Any subscription, credit pack or other digital purchase offered in the iPhone app is billed by Apple through the App Store. KINCLUTCH does not receive your full payment-card details.
• The final price, billing period, included benefits and renewal terms appear in the App Store purchase sheet before confirmation.
• An auto-renewing subscription continues until cancelled through Apple. You can manage or cancel it in iPhone Settings under your Apple Account and Subscriptions.
• Gift Help uses AI Credits. The app displays the maximum credit charge before research starts. Failed or withheld research is not charged; a completed result settles usage up to the approved maximum.
• AI Credits are digital service units, have no cash value, are not transferable and cannot be resold. Included, purchased and promotional credits may have different rules shown with the offer.
• Apple controls App Store billing and eligible refunds. Reversed, refunded, duplicated or fraudulent transactions may cause the related entitlement or credits to be corrected.
• Prices and plans may change prospectively. We will provide the notice required by Apple and applicable law before a change affects a renewal.

7. Retailers and external services

KINCLUTCH does not sell, stock, ship, insure or accept returns for retailer products. A retailer—not KINCLUTCH—is responsible for its listing, price, availability, taxes, delivery, safety, warranty, returns and privacy practices. Your purchase contract is with the retailer.

External links and provider services are used at your own risk and are subject to their terms. A link is not an endorsement or guarantee. Unless the Service clearly discloses otherwise, KINCLUTCH does not rank a retailer because of affiliate compensation.

8. Acceptable use

You may not:

• Use the Service unlawfully or violate another person’s privacy, intellectual-property or other rights.
• Send malicious content, share private links publicly, impersonate someone or attempt unauthorized access.
• Interfere with, overload, probe or bypass service security, account isolation, purchase verification, rate limits or credit controls.
• Reverse engineer or extract protected source code except where applicable law expressly permits it.
• Resell the Service, scrape results at scale or present KINCLUTCH research as an independent commercial database without written permission.

9. Intellectual property

KINCLUTCH, its software, design, branding and original content belong to Popquarry Productions LLC or its licensors. Subject to these Terms and the Apple Standard EULA, you receive a personal, limited, non-exclusive, non-transferable, revocable right to use the Service for your own lawful purposes. No other rights are granted.

10. Feedback

If you submit an idea or suggestion, you allow us to use it to improve KINCLUTCH without payment or obligation to you. This does not transfer ownership of your private circle, profile content or gift history.

11. Availability and changes

We do not promise uninterrupted or error-free operation. We may change, pause or discontinue a feature for security, legal, provider, quality or product reasons. We will provide notice of a material adverse change where reasonably possible and where law requires it. Local planning tools are designed to remain useful when connected Gift Help is unavailable, but no feature is guaranteed forever.

12. Suspension and termination

You may stop using the Service and use the in-app deletion controls at any time. We may suspend or terminate access for a material breach, fraud, abuse, security risk, legal requirement or conduct that threatens the Service or another person. Where appropriate, we will explain the reason and provide a way to correct it.

Terms that logically continue—such as ownership, payment adjustments, disclaimers, liability limits and dispute provisions—survive termination.

13. Warranty disclaimer

To the fullest extent permitted by law, the Service is provided “as is” and “as available,” without express or implied warranties, including merchantability, fitness for a particular purpose, title and non-infringement. KINCLUTCH does not warrant that a reminder will be delivered, an AI result will be correct, a product will remain available, or a retailer will meet its promises. Some jurisdictions do not allow particular exclusions, so they may not apply to you.

14. Limits on liability

To the fullest extent permitted by law, KINCLUTCH and its members, employees and service providers are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, goodwill, opportunities or data, arising from the Service.

To the fullest extent permitted by law, total liability for all claims relating to the Service will not exceed the greater of the amount you paid for the Service during the 12 months before the event giving rise to the claim or 50 US dollars. Nothing in these Terms excludes liability that cannot legally be excluded or limits non-waivable consumer rights.

15. Apple-specific acknowledgements

These Terms are between you and KINCLUTCH, not Apple. KINCLUTCH—not Apple—is responsible for the app, maintenance, support and claims about it, subject to the Apple Standard EULA. Apple and its subsidiaries are third-party beneficiaries and may enforce the Apple-related terms. You must comply with applicable third-party terms and represent that you are not prohibited from using the app under United States export-control rules.

16. Governing law and disputes

These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law rules. State and federal courts with jurisdiction in Wyoming may hear disputes, except where the law where you live gives you a mandatory local forum or other non-waivable consumer protection. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17. Changes and general terms

We may update these Terms as the Service changes. We will change the date above and provide additional notice of a material change as required. If a provision is unenforceable, the remaining provisions stay effective. A delay in enforcing a provision is not a waiver. You may not transfer these Terms without our consent; we may transfer them as part of a merger, financing, reorganization or sale of the Service.

18. Support and notices

Service issues and privacy questions can be submitted inside the app through Settings → Report a problem. Data export, person deletion and account deletion are available in Settings. Current self-service instructions are published on the Support & FAQ page.