Terms of Service

By accessing the kinetic8 website or using the platform, you agree to these Terms of Service and our Privacy Policy. If you do not agree, you must not use our services. Paid use of the platform is additionally governed by the written order form or master agreement executed between kinetic8 and your organization, which prevails over these terms in the event of a conflict.

• "Services" means the kinetic8 website, platform, APIs, and related offerings.
• "Customer" means the organization that subscribes to the Services.
• "Customer Data" means data submitted to or ingested by the Services on the Customer's behalf.
• "You" means the individual or entity accessing the Services.

You must be at least 18 years old and capable of forming a binding contract to use the Services. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us promptly of any unauthorized use.

You agree not to:

• Use the Services in violation of any applicable law or regulation.
• Attempt to gain unauthorized access to the Services or related systems or networks.
• Reverse engineer, decompile, or attempt to extract source code, except as permitted by law.
• Interfere with or disrupt the integrity or performance of the Services.
• Use the Services to store or transmit malicious code or infringing, unlawful, or harmful content.
• Resell or provide the Services to third parties except as expressly authorized in writing.

Access to paid features requires an active subscription as set out in your order form. Unless otherwise agreed, fees are billed in advance, are non-refundable except as required by law, and exclude applicable taxes. Late payments may result in suspension of access.

We aim to provide a reliable, available Service and will use commercially reasonable efforts to do so. Any specific service level commitments (uptime, support response times) are as set out in your order form or a separate service level agreement. We may perform scheduled maintenance and will endeavor to minimize disruption.

As between the parties, the Customer retains all rights to Customer Data. The Customer grants kinetic8 a limited license to process Customer Data solely to provide and improve the Services in accordance with the Privacy Policy and the applicable data processing terms. kinetic8 retains all rights, title, and interest in the Services, including all related intellectual property.

Each party may receive confidential information of the other. The receiving party agrees to protect such information with at least the same care it uses for its own confidential information and to use it only as necessary to perform under these terms.

Except as expressly stated in a written agreement, the Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly. Each party's aggregate liability arising out of or related to these terms will not exceed the amounts paid by the Customer for the Services in the twelve months preceding the event giving rise to the claim.

You agree to indemnify and hold kinetic8 harmless from claims, damages, and expenses arising from your misuse of the Services or breach of these terms, subject to any contrary provisions in your order form.

Either party may terminate as set out in the applicable order form. We may suspend or terminate access if you materially breach these terms. Upon termination, your right to use the Services ceases, and we will handle Customer Data in accordance with the applicable agreement and our retention practices.

These terms are governed by the laws specified in your order form. Where no governing law is specified, these terms are governed by the laws applicable to kinetic8's principal place of business, without regard to conflict-of-law principles.

We may update these Terms of Service from time to time. Material changes will be reflected by an updated "Last updated" date, and continued use of the Services after changes take effect constitutes acceptance.

Questions about these terms? Email legal@kinetic8.ai or reach us through our contact form.