Terms of Service

1. Introduction

These Terms of Service (“Terms”) govern your access to and use of Kinematic AI (“Kinematic AI,” “we,” “our,” or “us”). By purchasing or using our services, you (“Customer,” “you,” or “your”) agree to be bound by these Terms.

If you do not agree to these Terms, you may not use Kinematic AI.

2. Service Description

Kinematic AI provides a done-for-you outreach service designed to generate responses and appointments through:

• Hyper-personalized cold email campaigns sent from your approved email accounts.
• Targeted direct mail campaigns sent to your prospective customers.
• Full campaign management, including creative development, scheduling, deliverability management, and compliance measures.

The service is intended to help you reach qualified prospects and convert them into appointments. We do not guarantee any specific number of responses, appointments, or revenue.

3. Customer Responsibilities

By using Kinematic AI, you agree that:

1. Accurate Information — You will provide correct and current business details, including name, service territory, approved sender accounts, and mailing preferences.
2. Compliance — You will comply with all applicable laws and regulations, including but not limited to the CAN-SPAM Act, TCPA, USPS regulations, and applicable state or local marketing rules.
3. Permitted Use — You will not use Kinematic AI to promote prohibited or illegal goods or services.
4. Approval Process — You will review and approve campaign materials when requested.
5. Technical Access — You will provide the necessary access and authorization to run your campaigns effectively.

4. Intellectual Property

• All systems, processes, templates, and creative assets developed by Kinematic AI remain our exclusive property unless explicitly transferred in writing.
• You retain ownership of your brand name, logos, and any original content you supply.
• Campaign materials created for you may be adapted for other clients in a non-identifiable form.

5. Payments & Billing

• Fees are due as stated in your service agreement or invoice.
• All payments are non-refundable unless otherwise agreed in writing.
• Late or failed payments may result in suspension or termination of services.

6. Performance Disclaimer

We cannot guarantee:

• Email delivery to recipients’ inboxes.
• That direct mail will be delivered within a specific timeframe.
• That recipients will respond or convert to appointments.

Performance depends on many factors outside our control, including market conditions, recipient behavior, and third-party carrier or email provider policies.

7. Limitation of Liability

To the fullest extent permitted by law:

• Our total liability for any claim is limited to the total fees paid to us in the twelve (12) months before the claim.
• We are not liable for indirect, incidental, or consequential damages, including lost profits or business interruptions.

8. Confidentiality & Data Use

• We will treat your customer information, account credentials, and proprietary business data as confidential.
• We may use anonymized, aggregated campaign performance metrics to improve our services.

9. Termination

• You may terminate services in accordance with your service agreement.
• We may suspend or terminate your account immediately if you breach these Terms or engage in prohibited activity.
• Upon termination, all unpaid fees remain due, and access to services will end.

10. Google API Services

If you choose to connect your Google account to the Services, you acknowledge and agree to the following:

1. Scope of Access – We will request only the minimum permissions necessary to provide the features you select.
2. Use of Data – Any data obtained from Google API Services will be used solely to provide and improve the Services you have enabled and will not be used for any other purpose without your consent.
3. No Secondary Use or Sale – We will not sell, rent, or otherwise use Google user data for advertising or other purposes not explicitly stated at the time of authorization.
4. Security – We will maintain appropriate technical and organizational measures to protect Google user data, including encryption in transit and at rest, and restricting internal access to authorized personnel with a business need.
5. Revocation and Deletion – You may revoke our access to your Google account at any time via your Google Account permissions page. Upon revocation or termination of your account, we will delete any stored Google user data within 30 days unless retention is required by law.
6. Compliance – Our use and transfer of information received from Google API Services to any other app will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

11. Governing Law

These Terms will be governed by and construed under the laws of the State of California, without regard to conflict of law rules.

12. Changes to These Terms

We may update these Terms at any time. If we make material changes, we will notify you via the email address on file. Continued use of the service after changes are posted constitutes acceptance of the updated Terms.

13. Contact Us

Questions about these Terms can be sent to: