Terms of Service
Last Updated: December 13, 2024
Agreement
By using KxGen, you agree to these Terms of Service. If you don't agree, don't use the platform.
What KxGen Provides
KxGen is workflow automation software. We provide:
- Event-driven workflow execution
- Configurable agent personas and response logic
- Multi-channel lead capture and routing
- Conversation state management
- Scheduling and handoff coordination
- Operational analytics and tracking
What KxGen Does NOT Provide
We do not provide:
- Guaranteed revenue, conversion rates, or ROI
- Business consulting or strategy services
- Full AI autonomy without configuration
- Results independent of your configuration choices
Customer Responsibilities
You are responsible for:
- Accurate workflow configuration
- Appropriate use of the platform
- Compliance with applicable laws (CAN-SPAM, TCPA, etc.)
- Obtaining proper consent to contact leads
- Data accuracy and quality
- Business outcomes resulting from your configuration
Service Availability
We strive for high availability but do not guarantee uninterrupted service. The platform:
- May undergo scheduled maintenance
- May experience temporary outages
- Will evolve and improve over time
- May have features added, modified, or deprecated
Data Ownership and Usage
You Own Your Data:
- All customer data, leads, and workflow configurations belong to you
- You grant us permission to process this data to operate the platform
- We do not claim ownership of your business data
We Own the Platform:
- KxGen software, architecture, and intellectual property remain ours
- You receive a license to use the platform, not ownership of it
Acceptable Use
You may not:
- Use the platform for illegal purposes
- Send spam or unsolicited communications
- Attempt to access other customers' data
- Reverse engineer or compromise the platform
- Use the platform to harass or harm others
- Violate applicable communication laws
Payment Terms
- Pricing is as stated on our pricing page
- Fees are billed according to your selected plan
- You're responsible for timely payment
- We may suspend service for non-payment
- Refunds are handled case-by-case
Limitation of Liability
KxGen provides software "as is" and "as available."
We are not liable for:
- Business losses or lost revenue
- Outcomes based on your configuration choices
- Third-party service interruptions
- Data loss (you should maintain backups)
- Indirect, incidental, or consequential damages
Maximum Liability: Our total liability is limited to the fees you paid in the 3 months prior to the claim.
Warranty Disclaimer
We do not warrant that:
- The platform will meet your specific needs
- Service will be error-free or uninterrupted
- Results will match your expectations
- Third-party integrations will always work
We do commit to:
- Operating the platform professionally
- Addressing reported issues reasonably
- Maintaining standard security practices
Termination
Either party may terminate:
- You can cancel anytime from your account dashboard
- We may terminate for violation of these terms
- We may terminate with 30 days notice for any reason
Upon termination:
- You can export your data
- Access to the platform ends
- Prepaid fees are generally non-refundable
Changes to Terms
We may update these terms. Material changes will be communicated via email. Continued use after changes constitutes acceptance.
Governing Law
These terms are governed by the laws of the United States. Disputes will be resolved through binding arbitration.
Contact
For terms questions: david@kxgen.io