Terms of Service

Effective Date: July 1, 2025 Last Updated: July 1, 2025

KinetiqFlow LLC contact@kinetiqflow.ai https://kinetiqflow.ai

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Subscriber," or "you") and KinetiqFlow LLC, a limited liability company ("KinetiqFlow," "we," "us," or "our"), governing your access to and use of the KinetiqFlow platform, including KinetiqFlow Pay and all associated services, software, APIs, and content (collectively, the "Service").

By creating an account, clicking "I agree," or otherwise accessing or using the Service, you represent that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.

If you do not agree to these Terms, you must not access or use the Service.

2. Definitions

"Subscriber" means a business or individual that has registered for a paid or trial account on the Service.
"End Customer" means a customer of a Subscriber who interacts with the Service (e.g., receives a quote, invoice, or SMS notification) but does not have a direct account with KinetiqFlow.
"Platform" means the KinetiqFlow software-as-a-service application and all associated infrastructure.
"Content" means all data, text, files, job records, invoices, communications, and other materials uploaded to or created within the Service by a Subscriber.
"KinetiqFlow Alert System" means the SMS notification service operated by KinetiqFlow to deliver transactional messages to Subscribers and their End Customers.

3. Eligibility

You must be at least 18 years of age and capable of entering a legally binding contract to use the Service. The Service is intended for business use. By using the Service, you represent that you are using it for commercial, business, or professional purposes, not for personal, family, or household use.

4. Account Registration and Security

4.1 Account Creation

To access most features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. You agree to notify KinetiqFlow immediately at contact@kinetiqflow.ai if you suspect unauthorized access to your account. KinetiqFlow is not liable for any loss resulting from unauthorized account access that occurs due to your failure to secure your credentials.

4.3 One Account per Entity

Each Subscriber account represents a single business entity. You may not create multiple accounts to circumvent usage limits, avoid payment obligations, or evade a prior suspension or termination.

5. Subscription, Billing, and Payments

5.1 Subscription Plans

Access to the Service requires a paid subscription. Subscription plans, features, and pricing are described on our pricing page at kinetiqflow.ai/pricing. We reserve the right to modify pricing with at least 30 days' advance notice to existing Subscribers.

5.2 Billing Cycle

Subscriptions are billed on a recurring basis (monthly or annually, depending on the plan you select). Your billing cycle begins on the date you activate your subscription. Subscription fees are charged in advance for the upcoming billing period.

5.3 Payment Processing

All subscription payments are processed by Stripe, Inc., a third-party payment processor. By providing payment information, you authorize KinetiqFlow and Stripe to charge your designated payment method for all applicable fees. Your payment information is transmitted directly to Stripe and is subject to Stripe's Privacy Policy. KinetiqFlow does not store your full payment card number on our servers.

5.4 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel your subscription at any time through your account settings or by contacting contact@kinetiqflow.ai.

5.5 Late Payments and Failed Charges

If a payment fails, we will attempt to recharge your payment method up to three times over seven days. If payment remains unsuccessful after three attempts:

Your account will be suspended and access to the Service will be restricted.
A late fee of 1.5% per month (or the maximum permitted by applicable law, whichever is lower) may be applied to the outstanding balance.
Accounts suspended for non-payment for more than 60 days may be permanently terminated and associated data deleted in accordance with our data retention policy.

5.6 Refund Policy

All subscription fees are non-refundable except as expressly required by applicable law. If you cancel your subscription, you will retain access to the Service through the end of your current billing period. We do not issue prorated refunds for unused time.

5.7 Taxes

Subscription fees are exclusive of applicable taxes. You are responsible for paying all sales, use, value-added, or other taxes imposed by any governmental authority in connection with your use of the Service.

5.8 Payment Disputes Between Subscribers and End Customers

KinetiqFlow provides tools to facilitate billing between Subscribers and their End Customers but is not a party to those transactions. Any payment disputes, chargebacks, or refund claims between a Subscriber and their End Customers are solely between those parties. KinetiqFlow disclaims all liability arising from disputes between Subscribers and End Customers regarding work performed, service quality, or payment amounts.

6. Acceptable Use and User Conduct

6.1 Permitted Use

You may use the Service solely for lawful business purposes in connection with operating your service business, including managing jobs, creating quotes and invoices, collecting payments, and communicating with your customers.

6.2 Prohibited Conduct

You agree not to use the Service to:

Violate any law or regulation, including applicable federal, state, local, and international laws governing business operations, consumer protection, privacy, spam, and telecommunications.
Harass, threaten, or defraud any person, including your End Customers.
Send unsolicited commercial messages (spam) via email, SMS, or any other channel through the Platform.
Scrape, crawl, or extract data from the Service using automated tools, bots, spiders, or scripts, except as expressly permitted by our API documentation.
Reverse engineer, decompile, or disassemble any part of the Service or attempt to derive the source code of the Platform.
Upload or transmit malware, viruses, or any code designed to disrupt, damage, or gain unauthorized access to any system.
Impersonate any person or entity or misrepresent your affiliation with any person or entity.
Circumvent or disable any security features, access controls, or authentication mechanisms of the Service.
Use the Service to process illegal transactions or to support businesses engaged in illegal activity.
Resell or sublicense the Service to third parties without prior written authorization from KinetiqFlow.
Abuse the KinetiqFlow Alert System by sending SMS messages to recipients who have not provided explicit opt-in consent, sending messages that violate carrier guidelines, or sending messages that constitute harassment.

6.3 Content Standards

You are solely responsible for all Content you upload, submit, or transmit through the Service. You represent and warrant that your Content does not violate the intellectual property rights of any third party, does not contain defamatory or unlawful material, and complies with all applicable laws and regulations.

6.4 Enforcement

KinetiqFlow reserves the right to investigate and take appropriate action against any Subscriber who, in our sole discretion, violates this Section, including suspending or terminating the account, reporting conduct to law enforcement, and pursuing any other legally available remedy.

7. SMS Program Terms — KinetiqFlow Alert System

7.1 Program Description

The KinetiqFlow Alert System is a business-to-consumer transactional SMS messaging program operated by KinetiqFlow LLC. The program enables Subscribers to send automated and manual SMS notifications to their End Customers for the following purposes:

Job status updates and technician dispatch notifications
Appointment reminders and scheduling confirmations
Quote delivery and approval requests
Invoice delivery and payment notifications
Account security and access alerts

7.2 Opt-In Requirement

Subscribers are solely responsible for obtaining valid, documented consent from End Customers prior to sending any SMS messages through the KinetiqFlow Alert System. Consent must be obtained through an approved opt-in method and must be clearly documented within the Platform. Sending messages to individuals who have not opted in is a material violation of these Terms and may result in immediate account termination.

7.3 Opt-Out Instructions — STOP

End Customers may opt out of receiving SMS messages at any time by replying STOP to any message. Upon receipt of a STOP message, the system will send a single confirmation message and will cease sending further messages to that number. Subscribers must honor all opt-outs immediately and may not send additional messages to opted-out numbers without obtaining fresh consent.

7.4 Help Instructions — HELP

End Customers may reply HELP to any message to receive contact information for KinetiqFlow support. Help responses will include: KinetiqFlow LLC, contact@kinetiqflow.ai, kinetiqflow.ai.

7.5 Message and Data Rates

Message and data rates may apply. The frequency of messages varies based on Subscriber account activity and End Customer interactions with the service. KinetiqFlow does not charge End Customers separately for SMS messages, but carrier messaging rates imposed by the End Customer's mobile carrier may apply.

7.6 Supported Carriers

KinetiqFlow Alert System messages are delivered via major U.S. wireless carriers including AT&T, Verizon, T-Mobile, and others. Delivery is not guaranteed on all carriers or in all geographic areas.

7.7 Subscriber Liability for SMS Compliance

Subscribers are responsible for ensuring their use of the KinetiqFlow Alert System complies with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and all applicable carrier guidelines and CTIA Messaging Principles and Best Practices. KinetiqFlow is not liable for fines, penalties, or claims arising from a Subscriber's non-compliant use of the messaging features.

8. Intellectual Property

8.1 KinetiqFlow Property

The Service, including all software, code, interfaces, designs, text, graphics, logos, and documentation, is owned by KinetiqFlow LLC and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any ownership rights in the Service.

8.2 License to Use the Service

Subject to your compliance with these Terms and payment of applicable fees, KinetiqFlow grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the term of your subscription.

8.3 Your Content

You retain all ownership rights in your Content. By uploading Content to the Service, you grant KinetiqFlow a limited, non-exclusive license to store, process, and transmit your Content solely as necessary to provide the Service. We do not claim ownership of your Content and do not use it for any purpose beyond operating and improving the Service.

8.4 Feedback

If you provide suggestions, ideas, or feedback regarding the Service ("Feedback"), you grant KinetiqFlow an irrevocable, perpetual, royalty-free license to use and incorporate that Feedback into the Service without compensation to you.

9. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of data as described in the Privacy Policy.

10. Third-Party Services and Integrations

The Service integrates with third-party providers including Stripe (payment processing) and Twilio (SMS delivery). Your use of these integrations is subject to the respective terms and policies of those providers. KinetiqFlow is not responsible for the performance, availability, or actions of any third-party service provider.

11. Disclaimers and Limitation of Liability

11.1 No Warranty

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. KINETIQFLOW EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

KINETIQFLOW DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KINETIQFLOW DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KINETIQFLOW LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR:

ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including lost profits, lost revenue, loss of data, or business interruption, arising out of or related to your use of or inability to use the Service;
DAMAGES ARISING FROM DISPUTES BETWEEN A SUBSCRIBER AND THEIR END CUSTOMERS, including disputes related to the quality of work performed by a Subscriber's technicians or employees, payment disagreements, or claims made by End Customers against a Subscriber;
DAMAGES ARISING FROM PAYMENT PROCESSING ERRORS, CHARGEBACKS, OR FRAUDULENT TRANSACTIONS processed through Stripe or any other payment processor;
DAMAGES ARISING FROM FAILED OR UNDELIVERED SMS MESSAGES sent through the KinetiqFlow Alert System due to carrier issues, incorrect opt-out records, or technical failures beyond our reasonable control.

IN NO EVENT SHALL KINETIQFLOW'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO KINETIQFLOW IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in full.

11.3 Indemnification

You agree to indemnify, defend, and hold harmless KinetiqFlow LLC and its members, managers, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service in violation of these Terms; (b) your Content; (c) your violation of any applicable law or third-party right; (d) any dispute between you and an End Customer; or (e) your use of the KinetiqFlow Alert System in a manner that violates the TCPA, carrier guidelines, or applicable law.

12. Term and Termination

12.1 Term

These Terms are effective from the date you first access the Service and continue until your subscription is terminated.

12.2 Termination by You

You may cancel your subscription and terminate your account at any time through your account settings or by contacting contact@kinetiqflow.ai. Cancellation takes effect at the end of your current billing period.

12.3 Termination by KinetiqFlow

KinetiqFlow may suspend or terminate your account immediately, without prior notice, if you:

Materially breach any provision of these Terms.
Fail to pay subscription fees after the cure period described in Section 5.5.
Use the Service in a manner that creates legal liability for KinetiqFlow or harms other users.
Violate applicable law, including telecommunications regulations.

12.4 Effect of Termination

Upon termination, your license to use the Service immediately ceases. You may request an export of your Content within 30 days following termination, after which your data will be deleted in accordance with our retention policy. Sections 8, 11, 12.4, 13, 14, and 15 survive termination.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law principles. Any dispute arising out of or related to these Terms or your use of the Service shall be resolved exclusively in the state or federal courts located in Texas. You consent to personal jurisdiction in those courts.

Informal Resolution First: Before initiating formal proceedings, you agree to contact KinetiqFlow at contact@kinetiqflow.ai and attempt to resolve the dispute informally for at least 30 days.

14. Modifications to Terms

KinetiqFlow reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a new effective date and, where appropriate, by sending an email to your account address. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes.

15. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and KinetiqFlow regarding the Service and supersede all prior agreements.
Severability: If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.
Waiver: KinetiqFlow's failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. KinetiqFlow may assign its rights and obligations freely.
Force Majeure: KinetiqFlow is not liable for delays or failures in performance resulting from causes beyond our reasonable control, including internet outages, carrier failures, natural disasters, or government actions.
No Agency: Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and KinetiqFlow.

16. Contact Information

For questions about these Terms, contact us at:

KinetiqFlow LLC Email: contact@kinetiqflow.ai Website: https://kinetiqflow.ai