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Kinetic
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Terms of Service

Effective: July 1, 2026

These Terms of Service (“Terms”) govern your access to and use of Kinetic (the “Service”), provided by MYH Solutions LLC (“the Company,” “we,” “us”). By accessing or using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

1. The Service

Kinetic is a multi-tenant sales-pipeline and light-CRM application with an integrated AI assistant. We may update, improve, or modify the Service over time. Specific commercial terms — including fees, subscription scope, and service levels — are set out in a separate order or agreement between you and the Company; where those conflict with these Terms, the order controls.

2. Accounts and eligibility

You must be at least 18 years old and use the Service for legitimate business purposes. You are responsible for your account credentials and for all activity under your account. Notify us promptly of any unauthorized use.

3. Customer data and ownership

As between you and the Company, you retain all rights to the data you and your users submit to the Service (“Customer Data”). You grant us a limited license to host, process, and transmit Customer Data solely to provide and support the Service. We claim no ownership of Customer Data.

4. Your responsibilities

  • Ensure you have the rights and any required consents to submit Customer Data to the Service;
  • Comply with applicable laws, including privacy, data-protection, and anti-spam laws, in your use of the Service;
  • Not upload protected health information (PHI) unless a Business Associate Agreement with us is in place; and
  • Keep the accuracy of your Customer Data and the configuration of your workspace under your control.

5. Acceptable use

You agree not to:

  • Access or attempt to access another Customer's workspace or data;
  • Reverse engineer, disrupt, or circumvent the security of the Service;
  • Use the Service to send unlawful, infringing, or malicious content; or
  • Use the Service to violate the rights of others or any applicable law.

6. AI-assisted features

The Service includes features that generate text and suggestions using AI models. AI output may be inaccurate, incomplete, or unsuitable for a particular purpose, and does not constitute legal, insurance, financial, or other professional advice. You are responsible for reviewing AI output before relying on or acting on it.

7. Third-party services

The Service relies on third-party providers (for example, cloud hosting, database, email, and authentication) and may integrate with services you choose to enable. Your use of a third-party service is governed by that provider's terms, and we are not responsible for third-party services.

8. Confidentiality and security

We maintain administrative, technical, and physical safeguards designed to protect Customer Data, as described in our Privacy Policy. Each party will protect the other's confidential information with reasonable care.

9. Disclaimers

Except as expressly stated in a written agreement with us, the Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues. Our aggregate liability arising out of or relating to the Service will not exceed the amounts paid by you for the Service in the twelve months before the event giving rise to the claim, except where a separate written agreement states otherwise. The foregoing limitations do not apply to your payment obligations, your indemnification obligations (Section 11), or either party's breach of its confidentiality obligations.

11. Indemnification

You will defend, indemnify, and hold harmless MYH Solutions LLC and its officers and employees from and against third-party claims, damages, and costs (including reasonable attorneys' fees) arising out of or related to: (a) Customer Data, including your collection, use, and submission of it and your having the necessary rights and consents; (b) your use of the Service in violation of these Terms or applicable law; and (c) your products or services. We will promptly notify you of the claim, allow you to control the defense (with our reasonable cooperation), and not settle any claim in a way that imposes obligations on you without your consent.

12. Data processing

To the extent we process personal information on your behalf in providing the Service, we do so as your service provider/processor in accordance with our Privacy Policy and, where required, a data processing addendum or business associate agreement executed between the parties, which is incorporated into these Terms when signed. You remain responsible for the lawfulness of the data you submit and for any notices or consents your own customers require.

13. Term and termination

These Terms apply while you use the Service. We may suspend or terminate access for violation of these Terms or to protect the Service. On termination, your right to use the Service ends; data export and deletion follow your order or our Privacy Policy. Sections that by their nature should survive termination (including ownership, confidentiality, disclaimers, limitation of liability, indemnification, and governing law) survive.

14. Governing law

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict-of-law rules, and the parties submit to the exclusive jurisdiction of the courts located there, except where a separate written agreement states otherwise.

15. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the “Effective” date above and provide reasonable notice (for example, by email or an in-product notice) before the changes take effect. Continued use of the Service after the effective date of the changes constitutes acceptance.

16. General

These Terms, together with any order or addendum executed between the parties, are the entire agreement regarding the Service and supersede prior agreements on that subject. If any provision is held unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control. Notices to us go to the contact address below. If an order or addendum conflicts with these Terms, the order or addendum controls for the subject it addresses.

17. Contact us

MYH Solutions LLC — admin@kapsa.ai.