Terms of Service

1. Agreement to Terms

These Terms of Service govern your access to and use of Kinetic AI, a software service that helps personal trainers and online fitness coaches manage inbound Instagram leads, automate lead qualification, send booking links, and track booked calls.

By using Kinetic AI, you agree to these Terms. If you do not agree, you may not use the service.

2. The Service

Kinetic AI provides tools for lead capture, automated messaging, lead qualification, booking link delivery, Calendly attribution, dashboard reporting, and related business workflow automation.

The service may rely on third-party platforms including Instagram, Meta, Calendly, Stripe, Supabase, Vercel, OpenAI, and analytics providers. We are not responsible for outages, changes, review decisions, or limitations imposed by third-party platforms.

3. User Responsibilities

You are responsible for:

• Providing accurate account and business information.
• Maintaining access to your connected Instagram, Calendly, and billing accounts.
• Ensuring your use of Kinetic AI complies with applicable laws, platform rules, and industry requirements.
• Reviewing and monitoring how automated messages are used with your prospects and customers.
• Obtaining any necessary consent from prospects or customers where required.
• Not using the service to send spam, deceptive messages, unlawful content, or abusive communications.

4. Acceptable Use

You may not use Kinetic AI to:

• Violate any law, regulation, platform policy, or third-party right.
• Send spam, harassment, misleading messages, or fraudulent communications.
• Collect or process data without proper authorization.
• Reverse engineer, copy, or misuse the service.
• Interfere with the security, availability, or integrity of the service.
• Use the service for industries or activities we determine are high-risk, abusive, or inappropriate.

5. Automated Messaging and Lead Qualification

Kinetic AI may generate or send automated responses based on configured workflows, connected Instagram messages, and AI-powered logic. You are responsible for the content, configuration, and business use of messages sent from your connected accounts.

Kinetic AI does not guarantee that every lead will be qualified correctly, that every message will be perfect, or that every prospect will book a call or become a customer.

6. Subscriptions, Payments, and Billing

Some features may require a paid subscription or usage-based payment. Payments are processed through Stripe or another payment provider. By purchasing a paid plan, you authorize us and our payment processor to charge applicable fees.

Subscription terms, pricing, limits, free trials, booked-call credits, and included features may vary by plan. Unless otherwise stated, fees are non-refundable except where required by law or expressly agreed in writing.

We may suspend or limit access if payment fails, if a subscription is canceled, or if an account exceeds its usage limits.

7. No Guarantees

Kinetic AI is designed to help improve lead response workflows and booking processes, but we do not guarantee revenue, clients, bookings, conversion rates, business growth, Meta approval, uninterrupted platform access, or specific outcomes.

8. Account Suspension or Termination

We may suspend or terminate access to Kinetic AI if we believe you violated these Terms, created risk for the service, failed to pay required fees, misused integrations, or used the service in a way that could harm Kinetic AI, other users, third-party platforms, or the public.

You may stop using the service at any time. You may request account deletion as described in our Data Deletion page.

9. Intellectual Property

Kinetic AI, including its software, branding, design, workflows, and related materials, is owned by Kinetic AI or its licensors. You may not copy, resell, modify, or create derivative works from the service unless expressly authorized.

You retain ownership of your business information, customer information, and content you provide through the service, subject to the rights needed for us to operate Kinetic AI.

10. Privacy

Our collection and use of personal data is described in our Privacy Policy. By using Kinetic AI, you acknowledge that we may process data as described in that policy.

11. Disclaimers

The service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of Liability

To the maximum extent permitted by law, Kinetic AI will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, business interruption, or loss of goodwill.

To the maximum extent permitted by law, our total liability for any claim related to the service will not exceed the amount you paid to Kinetic AI in the three months before the event giving rise to the claim.

13. Changes to the Terms

We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date and may provide additional notice where appropriate. Continued use of the service after updated Terms are posted means you accept the updated Terms.

14. Contact

For questions about these Terms, contact us at support@usekineticai.com.