Terms of Service
Legal agreement for using KinectMax
Table of Contents
Important: By accessing or using KinectMax, you agree to be bound by these Terms. Please read these Terms carefully before using our Service.
1. Acceptance of Terms
By creating an account, accessing, or using the KinectMax Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and any additional terms and policies referenced herein.
You represent and warrant that:
- You are at least 18 years of age or the legal age of majority in your jurisdiction
- You have the legal capacity to enter into a binding agreement
- If you are using the Service on behalf of an organization, you have the authority to bind that organization to these Terms
- Your use of the Service will comply with all applicable laws and regulations
2. Description of Service
KinectMax is a comprehensive Customer Relationship Management (CRM) platform designed for service businesses. Our Service includes:
- Contact and Organization Management: Store and manage customer information, leads, and business relationships
- Deal Pipeline: Track sales opportunities through customizable stages
- Quoting and Invoicing: Create, send, and manage quotes and invoices
- Job Scheduling: Schedule, assign, and track service jobs and appointments
- Email Integration: Connect email accounts for unified communication
- AI-Powered Features: Automated quote generation, job scheduling assistance, and business insights
- Team Management: Invite team members with role-based permissions
- Payment Processing: Accept payments through integrated payment providers
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with reasonable notice for significant changes.
3. User Accounts and Responsibilities
3.1 Account Creation
To access the Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials.
3.2 Account Security
You agree to:
- Create a strong, unique password for your account
- Not share your account credentials with any third party
- Immediately notify us of any unauthorized access or security breach
- Log out of your account at the end of each session when using shared devices
3.3 Team Accounts
If you invite team members to your organization, you are responsible for their actions within the Service and for ensuring appropriate access controls.
4. Subscription and Payments
4.1 Subscription Plans
KinectMax offers various subscription plans with different features and pricing. By selecting a paid subscription, you agree to pay the applicable fees as described at the time of purchase.
4.2 Billing
- Subscription fees are billed in advance on a monthly or annual basis
- All fees are quoted and charged in United States Dollars (USD)
- You authorize us to charge your designated payment method for all applicable fees
- Failed payments may result in suspension of your account
4.3 Automatic Renewal
Subscriptions automatically renew unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings.
4.4 Price Changes
We may modify our pricing with at least 30 days' advance notice. Price changes will take effect at the start of your next billing cycle.
5. Refund Policy
30-Day Money-Back Guarantee: We offer a 30-day money-back guarantee for new paid subscriptions.
Refunds are not available for:
- Accounts terminated for violation of these Terms
- Subscriptions beyond the initial 30-day period
- Partial month refunds for mid-cycle cancellations
6. Data Ownership
Your Data Belongs to You: You retain full ownership of all data you upload or create within KinectMax.
By using the Service, you grant us a limited, non-exclusive license to access, process, and store your data solely for the purpose of providing the Service. This license terminates when you delete your data or close your account.
You may export your data at any time. Upon account termination, you will have 30 days to export your data before it is permanently deleted.
7. Acceptable Use Policy
You agree not to use the Service to:
- Violate any applicable laws, regulations, or third-party rights
- Send spam, phishing attempts, or other unsolicited communications
- Upload malicious code, viruses, or harmful content
- Attempt to gain unauthorized access to the Service or other users' accounts
- Interfere with or disrupt the Service or its underlying infrastructure
- Scrape, crawl, or harvest data from the Service without permission
- Resell, sublicense, or redistribute the Service without authorization
- Use the Service for illegal, fraudulent, or deceptive purposes
8. Intellectual Property
The Service, including its original content, features, functionality, design, and underlying technology, is owned by KinectMax and is protected by intellectual property laws.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes during the subscription term.
9. Limitation of Liability
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINECTMAX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless KinectMax, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of your use of the Service, your violation of these Terms, or your violation of any third-party rights.
11. Termination
By You: You may cancel your subscription and close your account at any time. You will retain access until the end of your current billing period.
By Us: We may suspend or terminate your access immediately if you breach these Terms, your payment fails, or we are required to do so by law.
Upon termination, we will retain your data for 30 days to allow for export, after which it may be permanently deleted.
12. Dispute Resolution
Before filing any formal dispute, you agree to first contact us at legal@kinectmax.com to attempt to resolve the dispute informally.
These Terms shall be governed by the laws of the State of Delaware, United States. Any disputes shall be resolved in the courts located in Delaware.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by email and by posting the updated Terms on our website. Your continued use of the Service after the effective date constitutes your acceptance of the modified Terms.
14. Contact Information
If you have any questions about these Terms of Service, please contact us:
KinectMax Legal Department
Email: legal@kinectmax.com
General Support: support@kinectmax.com
Website: kinectmax.com
By using KinectMax, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.