TERMS OF SERVICE

1. Acceptance of Terms

Welcome to KINETIC (ki-netic-automated.com). By accessing or using our services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

These Terms apply to all users, including customers who subscribe to our automation services, visitors to our website, and anyone who accesses our content or platform.

2. Description of Services

KINETIC is an AI automation agency that builds custom automation solutions for businesses. Our services include:

• Core Automations: Lead generation, AI content engines, support autopilot, universal data sync, invoice collection, and social media automation.
• LocalLift Trade-Specific Solutions: Custom automation packages for roofing, HVAC, plumbing, electrical, construction, and other trades.
• Custom Development: Tailored automation solutions designed to meet your specific business needs.
• Ongoing Support: Maintenance, updates, and technical support for deployed automations.

Services are delivered through a combination of setup projects and ongoing monthly retainers, with pricing tiers ranging from Starter ($1,500 setup) to Scale ($8,500 setup), plus optional self-serve subscription plans.

3. User Accounts

To access certain features, you must create an account through our Clerk authentication system. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate and current
• Maintain the security of your account credentials and accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

4. Payment Terms

4.1 Pricing Structure

Our services are offered through the following pricing tiers:

• Starter: $1,500 one-time setup fee + monthly retainer
• Growth: $4,000 one-time setup fee + monthly retainer
• Scale: $8,500 one-time setup fee + monthly retainer
• Self-Serve Plans: Subscription-based pricing with monthly billing

4.2 Billing and Payment

• All payments are processed securely through Stripe payment processing.
• Setup fees are due upfront before project initiation.
• Monthly retainers are billed automatically on a recurring basis.
• You authorize us to charge your payment method for all fees incurred.
• Prices are subject to change with 30 days' notice to existing customers.

4.3 Refunds

Please see Section 8 (60-Day Money-Back Guarantee) for our refund policy.

5. Intellectual Property

5.1 Your Data and Content

You retain all ownership rights to your business data, content, and any materials you provide to us. We will use your data only to deliver our services and will not share it with third parties except as necessary to provide the services or as required by law.

5.2 KINETIC IP

KINETIC retains all intellectual property rights to our automation frameworks, templates, proprietary tools, and methodologies. This includes:

• Core automation templates and workflows
• LocalLift trade-specific automation packages
• Proprietary AI models and training data
• Software code, algorithms, and technical documentation
• KINETIC branding, logos, and marketing materials

5.3 License Grant

Upon full payment, we grant you a non-exclusive, non-transferable license to use the automation solutions we build for your business. This license is valid for as long as you maintain an active subscription or retainer agreement.

6. Acceptable Use

You agree not to use our services to:

• Violate any applicable laws, regulations, or third-party rights
• Send spam, unsolicited messages, or engage in abusive behavior
• Attempt to gain unauthorized access to our systems or other users' accounts
• Distribute malware, viruses, or other harmful software
• Scrape, harvest, or collect data from our platform without permission
• Reverse engineer, decompile, or disassemble our proprietary technology
• Resell or redistribute our services without explicit written authorization

Violation of these acceptable use guidelines may result in immediate suspension or termination of your account.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, KINETIC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages resulting from third-party integrations or services
• Service interruptions, delays, or technical malfunctions

Our total liability for any claims related to our services shall not exceed the amount you paid us in the 12 months preceding the claim.

Disclaimer of Warranties: Our services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied. We do not guarantee that our services will be uninterrupted, error-free, or meet your specific requirements.

8. 60-Day Money-Back Guarantee

We stand behind the quality of our work. If you are not satisfied with your automation solution, you may request a full refund within 60 days of your initial setup fee payment.

Guarantee Terms:

• Valid only for the initial setup fee; monthly retainers are non-refundable
• Refund requests must be submitted to support@ki-netic-automated.com within 60 days
• You must provide feedback explaining why the solution did not meet your needs
• Refunds are processed within 10 business days via your original payment method
• This guarantee does not apply to customers who violate our Acceptable Use policy

9. Termination

9.1 Termination by You

You may cancel your subscription or retainer agreement at any time by contacting us at support@ki-netic-automated.com. Cancellations take effect at the end of your current billing period. No refunds are provided for partial months.

9.2 Termination by KINETIC

We reserve the right to suspend or terminate your account immediately if:

• You violate these Terms of Service
• Your payment fails or your account is past due
• We are required to do so by law
• We decide to discontinue our services (with 30 days' notice)

9.3 Effect of Termination

Upon termination, your license to use our automation solutions will cease. We will provide you with an export of your data within 30 days of termination, after which we may delete your data from our systems.

10. Privacy

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key privacy highlights:

• We collect only the data necessary to provide our services
• We use industry-standard security measures to protect your data
• We do not sell your personal information to third parties
• You have the right to access, correct, or delete your data

11. Changes to Terms

We may update these Terms of Service from time to time to reflect changes in our practices, legal requirements, or business operations. When we make changes, we will:

• Update the "Last Updated" date at the top of this page
• Notify you via email if the changes are material (for active customers)
• Provide at least 30 days' notice for changes that negatively impact your rights

Your continued use of our services after changes take effect constitutes acceptance of the updated Terms.

12. Contact Information

If you have questions, concerns, or feedback about these Terms of Service, please contact us:

We aim to respond to all inquiries within 2 business days.

13. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States, without regard to its conflict of law principles.

Any disputes arising from these Terms or your use of our services shall be resolved exclusively in the state or federal courts located in Virginia. You consent to the personal jurisdiction of these courts.

Dispute Resolution: Before filing a lawsuit, we encourage you to contact us at support@ki-netic-automated.com to seek an informal resolution.

14. Miscellaneous

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

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and KINETIC regarding our services.

No Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Assignment: You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms to any affiliate or successor.