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support@kinetixintelligence.comTerms & Conditions
Last Updated: June 4, 2026
Effective as of: June 4, 2026
We are KINETIX INTELLIGENCE LLC ("Company," "we," "us," "our"), a company registered in Tennessee, United States at 1161 Murfreesboro Pike, Ste 110 #255, Nashville, TN 37217.
We operate the website https://kinetixintelligence.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
Kinetix Intelligence is a comprehensive reputation management platform designed to help businesses elevate their online presence and build trust with consumers. Our services include: Automated Review Requests: We send professionally crafted text and email invitations, prompting satisfied customers to share their experiences on Google, social media, and other leading review sites. Our system uses proven messaging scripts and a strategic cadence, so you gather more authentic feedback with minimal effort. Reputation Monitoring & Insights: We track reviews and brand mentions across multiple platforms, providing you with real-time dashboards and alerts. This gives you a clear, consolidated view of your reputation, helping you address potential issues before they escalate.
Professional Review Responses: Our team can respond to reviews on your behalf—thanking positive reviewers and addressing concerns from negative ones. This prompt, personalized engagement shows customers you value their feedback and care about their experience.
Repurposing Reviews for Marketing: We take your best reviews and transform them into shareable social media content, highlight reels, and dynamic website widgets. This social proof helps drive more leads by showcasing your high-quality service where potential customers will see it. System Integrations: Our platform easily connects with your CRM, Google Business Profile, and social media accounts, allowing seamless automation and syncing of customer data. This way, you can send review requests automatically and centrally manage incoming reviews without juggling multiple tools. At Kinetix Intelligence, our goal is to simplify and streamline the entire review and reputation management process—so you can focus on providing excellent customer experiences while we help you shine online.
You can contact us by phone at (833) 966-5181, email at support@kinetixintelligence.com, or by mail to 1161 Murfreesboro Pike, Ste 110 #255, Nashville, TN 37217, United States.
These Legal Terms constitute a legally binding agreement. BY ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THESE LEGAL TERMS. IF YOU DO NOT AGREE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
Table of Contents
1. Our Services
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services encompass two primary offerings: (a) Reputation Management & Review Software — subscription-based software providing automated review requests, reputation monitoring, review response management, and related tools for local businesses; and (b) Website & Marketing Services (Kinetix Systems) — fully built websites, hosted marketing technology, CRM access, automations, and related digital services provided through our Platform, including the GoHighLevel-based environment we provide under the white-label.
2. Intellectual Property Rights
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to: access the Services; and download or print a copy of any portion of the Content to which you have properly gained access, solely for your internal business purpose. Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@kinetixintelligence.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels. This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you: (1) confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; (2) to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution; (3) warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and (4) warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law. We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.
3. User Representations
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. User Registration
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. Purchases and Payment
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- PayPal
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
6. Subscriptions
Subscription Plans and Pricing
We currently offer the following plans:
Reputation Management & Review Software
- Get 4x More Reviews
- Automated Text & Emails
- Review Reactivation
- Dynamic Review Follow-ups
- AI Smart Messaging
- Personalized Image Requests
- Auto AI Review Replies
- Social Media Review Posting
- Custom CRM Integration
- Unlimited Users
- 1-1 Setup Call
- Get 4x More Reviews
- Automated Text & Emails
- Review Reactivation
- Dynamic Review Follow-ups
- AI Smart Messaging
- Personalized Image Requests
- Auto AI Review Replies
- Social Media Review Posting
- Custom CRM Integration
- Unlimited Users
- 1-1 Setup Call
- Get 4x More Reviews
- Automated Text & Emails
- Review Reactivation
- Dynamic Review Follow-ups
- AI Smart Messaging
- Personalized Image Requests
- Auto AI Review Replies
- Social Media Review Posting
- Custom CRM Integration
- Unlimited Users
- 1-1 Setup Call
Kinetix Solutions Plan (Website & Marketing)
Subscriptions are available month-to-month or as a prepaid 3-month commitment. The 3-month commitment includes a complimentary Google Business Profile (GBP) optimization (valued at $400), provided as a one-time service at the start of the term.
Pricing is subject to change. We will give you at least 30 days' notice of any price increase, which will take effect at the start of your next billing cycle.
Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services. All Subscription fees are billed in advance of the service period. Payments are processed through Stripe. By providing a payment method, you authorize us to charge it for all amounts due, including Subscription fees, usage charges, and applicable taxes.
You can cancel your subscription at any time by logging into your account and initiating cancellation from within the platform. For security and fraud prevention purposes, cancellations must be initiated by the verified account owner or an authorized administrator of the Client's business. Kinetix Intelligence may require reasonable verification before processing a cancellation request submitted through customer support. Your cancellation will take effect at the end of the current paid billing term unless otherwise specified. Cancellation does not entitle you to a refund of any prepaid amounts or unused portion of a prepaid term. If you have any questions or are unsatisfied with our Services, please email us at support@kinetixintelligence.com.
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
7. Usage-Based Charges (Rebillable Costs)
In addition to your Subscription fee, you may incur usage-based charges for phone numbers, messaging, voice, number intelligence services, and A2P 10DLC registration.
These rates vary based on carrier costs and service type (e.g., local vs. toll-free numbers, SMS vs. MMS, inbound vs. outbound calls). Current rates are available upon request or visible within your account dashboard.
Rates are subject to change with 30 days' notice.
Digital wallet. Where applicable, you may maintain a digital wallet balance for usage charges. When your wallet balance falls below the auto-top-up threshold, we will automatically charge your payment method to refill the wallet according to your selected preferences. You are responsible for monitoring your wallet and ensuring sufficient funds.
8. No Refund Policy
All payments to Kinetix Intelligence are final and non-refundable, including Subscription fees, usage charges, and prepaid commitments. By signing up, you acknowledge that our products and Services are custom-built, immediately initiated upon payment, and non-reversible once delivery begins. This policy applies to all subscription tiers and to the Kinetix Solutions plan.
9. No Chargebacks
You agree not to initiate a chargeback or payment dispute for Services rendered. Filing a chargeback is a material breach of these Legal Terms. We reserve the right to: (1) submit evidence of contract acceptance, Platform usage, and delivery documentation to your card issuer; (2) suspend or terminate your Account; and (3) pursue recovery of the disputed amount plus all associated legal, collection, and administrative fees.
10. Free Trials and Promotions
We may offer free trials, discounts, or promotional pricing from time to time. During a trial, limited setup may occur for information-gathering purposes; full Services are rendered only once paid billing begins. Promotional pricing applies for the period stated and reverts to standard pricing thereafter. Discounts do not modify any other term of these Legal Terms.
11. Service Delivery
Services are considered delivered and rendered once the following conditions are met:
For Kinetix Systems (Website & Marketing) subscribers: (a) the Client's website has been completed and made available; and (b) Platform and automation setup is finalized. Standard build time is 7–10 business days following receipt of your completed onboarding form. Login assistance and onboarding support may be provided but are not a prerequisite for fulfillment.
For Reputation Management & Review Software subscribers: Services are considered active and rendered upon account setup, Platform access being granted, and the first review request campaign being made available to the Client.
12. Payment Failures and Suspension
If a payment fails: (1) we will retry payment up to 4 times over 3 weeks; (2) if the balance remains unpaid 48 hours after the first failed attempt, your Account and Platform access may be suspended until the balance is paid; (3) if the balance remains unpaid for 30 days, we may terminate your Account and delete or archive Client Content as described in Section 22. Suspension does not relieve you of the obligation to pay outstanding fees.
13. Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Sell or otherwise transfer your profile.
Resell, sublicense, or provide the Services to third parties as a service bureau without our prior written consent.
Use the Services to build a competing product or to assist any third party in building a product or service that competes with Kinetix Intelligence.
Reverse-engineer, decompile, or attempt to derive source code from the Platform or any underlying software beyond what is expressly permitted by applicable law.
Attempt to circumvent any security measures, rate limits, or technical restrictions imposed on the Platform or its underlying infrastructure.
Send unsolicited messages, spam, or unlawful communications through the Services.
Send messages without proper consent under the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, A2P 10DLC requirements, or applicable state laws.
Promote illegal activities or regulated industries that violate carrier policies (e.g., illegal drugs, firearms in violation of law, gambling without proper licensing).
We may suspend or terminate Accounts engaged in any prohibited activity.
14. User Generated Contributions
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
15. Contribution License
By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
Marketing and Publicity Rights (Case Studies and Promotional Use)
Client grants Kinetix Intelligence LLC permission to use the Client's business name, logo, trademarks, publicly available reviews and testimonials, and general performance results obtained through the Services for marketing and promotional purposes. This may include but is not limited to website case studies, marketing materials, advertisements, presentations, and social media content. If Client prefers not to have their brand used in such marketing materials, Client may request removal by contacting support@kinetixintelligence.com and Kinetix Intelligence will make commercially reasonable efforts to honor such requests going forward.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
16. Social Media
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
17. Third-Party Websites and Content
The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
18. Services Management
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
19. Call Recording
We may record sales, onboarding, and support calls between you and Kinetix Intelligence for quality assurance, training, recordkeeping, and dispute resolution purposes. We will provide a verbal notice at the start of each recorded call. By continuing the call after such notice, you consent to being recorded. If you do not wish to be recorded, please inform us at the start of the call. See our Privacy Policy at https://www.kinetixintelligence.com/privacy-policy for further details on how recorded calls are stored and used.
20. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy: https://www.kinetixintelligence.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
21. Copyright Infringements
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
22. Term and Termination
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Upon termination, we will retain Client Content for 30 days following termination to allow you to export it. After 30 days, we may delete or archive Client Content. You are responsible for exporting your data before termination. Any provisions of these Legal Terms that by their nature should survive termination — including intellectual property, indemnification, limitation of liability, dispute resolution, and governing law — will continue in full force and effect.
23. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
24. Governing Law
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Tennessee applicable to agreements made and to be entirely performed within the State of Tennessee, without regard to its conflict of law principles.
25. Dispute Resolution
Informal Resolution
Before initiating any formal dispute, you and Kinetix Intelligence agree to first attempt to resolve the dispute informally by emailing legal@kinetixintelligence.com with a written description of the dispute. If we cannot resolve it within 30 days, either party may proceed to formal arbitration under this Section.
Binding Arbitration
Any legal action, claim, or dispute arising out of or relating to these Terms, the Services, or the relationship between you and Kinetix Intelligence shall be finally resolved by binding arbitration, NOT by court proceedings.
The arbitration shall be administered by JAMS (Judicial Arbitration and Mediation Services) under its Comprehensive Arbitration Rules & Procedures, or if JAMS is unavailable, by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
Arbitration Details:
One arbitrator (not a panel)
Location: Davidson County, Tennessee
Each party bears its own attorneys' fees unless the arbitrator awards them to the prevailing party
The arbitrator may award any relief that would be available in court but CANNOT award punitive or exemplary damages (see Section 28)
The arbitration award is final and binding and may be enforced in any court of competent jurisdiction
Exception: Disputes involving less than $1,000 may be resolved by small claims court if either party elects. Kinetix Intelligence may also seek injunctive relief in court to prevent breach of IP rights or misuse of the Service. BY USING THE SERVICES, YOU ARE WAIVING YOUR RIGHT TO SUE KINETIX INTELLIGENCE IN COURT AND TO HAVE A JURY TRIAL.
Class Action Waiver
YOU AGREE THAT ANY ARBITRATION OR COURT PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY, NOT A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION.
You waive any right to: (1) participate in a class action, collective action, or representative action; (2) consolidate your claims with claims of other parties; or (3) pursue claims on behalf of others.
If this class action waiver is found unenforceable, the entire arbitration clause becomes unenforceable and the dispute shall be governed by the jurisdiction and venue provisions in Section 24.
30-Day Right to Opt Out
You may opt out of this arbitration agreement by emailing legal@kinetixintelligence.com within 30 days of first accepting these Legal Terms with the subject line "Arbitration Opt-Out." Your email must include your name, business name, and a clear statement that you want to opt out. Opting out will not affect any other provision of these Legal Terms.
26. Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
27. Disclaimer
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS, INCLUDING NUMBER OF LEADS, SALES, REVENUE, REVIEWS, REVIEW RATINGS, OR SEARCH RANKINGS FROM THE USE OF THE SERVICES.
28. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) THE TOTAL FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) $500.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
29. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
30. User Data
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
31. Electronic Communications, Transactions, and Signatures
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
32. SMS Text Messaging
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP." You may receive an SMS message confirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS communications, please email us at support@kinetixintelligence.com or call at (833) 966-5181.
33. SMS Terms (A2P 10DLC)
33.1 SMS Disclosure
By opting in to our SMS services, you agree to receive text messages related to notifications, marketing offers, account authentication (2FA), and other service-related communications. Message frequency may vary. Standard message and data rates apply according to your mobile carrier's terms. To opt out of SMS communications, reply STOP to any message you receive. For assistance, text HELP for support.
33.2 Messaging Consent
You must explicitly consent to receive messages from Kinetix Intelligence. Consent may be given through our website sign-up forms, paper forms, or verbally through customer service interactions.
33.3 Message Types and Frequency
Messages may include alerts, reminders, promotional offers, updates, and other relevant communications. Message frequency varies based on your interactions with us and your preferences.
33.4 Message Delivery
Kinetix Intelligence does not guarantee that messages will be delivered without delays or failures. Such issues can occur due to factors outside our control, such as network problems or device compatibility.
33.5 A2P 10DLC Compliance
All SMS communications transmitted through the Services are subject to A2P 10DLC (Application-to-Person 10-Digit Long Code) carrier registration requirements. You acknowledge that: (a) A2P 10DLC Brand Registration is a one-time requirement for businesses sending messages through the platform; (b) A2P 10DLC Campaign Registration is a recurring monthly requirement that varies by campaign type (see Section 7 for applicable rates); (c) failure to complete A2P 10DLC registration may result in message filtering, blocking, or suspension of SMS services by carriers; and (d) you are responsible for ensuring that your SMS campaigns comply with all carrier requirements and applicable telecommunications laws.
33.6 Compliance
You acknowledge that the messaging service must be used in compliance with all relevant laws, including those relating to privacy, telecommunications, and commercial communications.
34. California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
35. Miscellaneous
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
Third-Party Beneficiaries: These Terms are entered into solely between the Client and Kinetix Intelligence LLC. No third party — including but not limited to any End Customer, employee, contractor, affiliate, or any person contacted via the Services — has any rights, benefits, or remedies under these Terms. End Customers have no ability to enforce these Terms or to sue Kinetix Intelligence or the Client for any reason, including for receiving unsolicited communications. Any disputes with End Customers are entirely between the Client and such End Customers.
Assignment: You may not assign your rights or obligations under these Legal Terms to any third party without our prior written consent. We may freely assign our rights and obligations under these Legal Terms, including in connection with a merger, acquisition, reorganization, financing, or sale of all or substantially all of our assets, without your consent.
Notices: We may provide notices to you by email to the address associated with your Account, by posting a notice within the Platform, or on our website. You may provide notices to us at legal@kinetixintelligence.com or by mail to 1161 Murfreesboro Pike, Ste 110 #255, Nashville, TN 37217, United States.
36. Definitions
Kinetix Intelligence LLC (also referred to as "Kinetix Intelligence," "Company," "we," or "us"): The provider of the review request, reputation management, website design, and marketing technology services described in these Legal Terms.
Client (also referred to as "you" or "Customer"): The business, organization, or individual that has contracted with Kinetix Intelligence to use the Services.
End Customer (or "Customer of Client"): An individual or entity who is a customer, patron, or user of the Client's products or services, and whose contact information is provided to Kinetix Intelligence by the Client for the purpose of receiving review requests or other communications.
Services: The software, platform, and services provided by Kinetix Intelligence, including automated review requests, reputation management, website design, CRM, automations, marketing tools, and any other product or service we make available to you.
Account: Your registered Kinetix Intelligence user account.
Client Content: Text, images, logos, business information, customer lists, leads, and any other materials you upload to or create within the Services.
Platform: The Kinetix Intelligence software-as-a-service platform, including the GoHighLevel-based environment we provide to you under the white-label, and any web or mobile application through which the Services are accessed.
Subscription: Your recurring payment arrangement for the Services.
37. Scope of Services
General Description: Kinetix Intelligence LLC will, on the Client's behalf, send out review request communications to the Client's End Customers. These communications may be in the form of SMS/text messages, emails, or other electronic messages, and will typically invite or remind End Customers to leave a review (for example, a Google review) about their experience with the Client's business. The messages are sent in the name of or referencing the Client, and Kinetix Intelligence acts strictly as a service provider/data processor executing these communications according to the Client's instructions.
For Clients subscribed to the Kinetix Solutions plan, the scope of services also includes website design, hosting, CRM setup, automation configuration, and related marketing technology services as further described in Section 42.
38. Client Responsibilities
Consent and Compliance: The Client represents and warrants that it has obtained all necessary and legally required consents from its End Customers to send them review requests via SMS/text message, email, or other electronic communication methods. The Client is solely responsible for ensuring that its collection of End Customer data and its instructions to Kinetix Intelligence to send messages comply with all applicable local, state, federal, and international laws, regulations, and guidelines, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and any other privacy or anti-spam legislation. Kinetix Intelligence assumes no responsibility for verifying the consent status of the End Customers provided by the Client. The Client agrees to indemnify and hold harmless Kinetix Intelligence from any claims, damages, or liabilities arising from the Client's failure to obtain proper consent or comply with applicable laws.
Communication Compliance: When you use the Platform to send SMS, MMS, voice messages, or emails to your customers and prospects, you — not Kinetix Intelligence — are the sender. You are solely responsible for: (a) obtaining valid consent from every recipient before sending any message that requires consent under the TCPA, CAN-SPAM, A2P 10DLC, or applicable state law; (b) maintaining proof of consent (e.g., timestamped opt-in records, web form submissions, signed authorizations) and producing them on request; (c) honoring opt-out requests (STOP, UNSUBSCRIBE, etc.) immediately and on a list-wide basis; (d) including required disclosures (sender identity, opt-out instructions, business address) in your communications; (e) scrubbing against the National Do Not Call Registry and any applicable state DNC registries before making telemarketing calls or texts to non-customers; (f) complying with carrier rules, including A2P 10DLC registration for the campaigns you run; and (g) complying with state privacy laws that apply to your processing of consumer data.
Privacy and Data Protection: If you upload personal information about consumers to the Platform, you act as the "controller" or "business" under applicable privacy laws and Kinetix Intelligence acts as the "processor" or "service provider." By uploading personal information to the Platform, you represent that you have provided all required notices to data subjects, obtained all required consents, and have the legal right to upload and process the data through the Platform. A separate Data Processing Addendum (DPA) may govern that relationship and is incorporated into these Legal Terms by reference where applicable.
39. Messaging Content & Automation
Content Ownership: The Client is solely responsible for the content of the review request messages sent to End Customers. While Kinetix Intelligence may provide templates or suggested messaging, the Client has the final authority and responsibility to review, approve, and customize the messaging content. Kinetix Intelligence does not guarantee the effectiveness or legal compliance of any specific messaging template.
Automation and Frequency: The Client determines the frequency, timing, and volume of review requests sent through the Services. Kinetix Intelligence will execute the messaging campaigns based on the Client's settings and instructions. The Client is responsible for ensuring that the frequency and volume of messages do not violate any applicable laws or platform policies (e.g., carrier restrictions on SMS volume).
40. Data Use & Storage
Data Processing: Kinetix Intelligence will process End Customer data (such as names, phone numbers, and email addresses) solely for the purpose of providing the Services as instructed by the Client. Kinetix Intelligence will not sell, rent, or use End Customer data for its own marketing purposes or any other purpose outside the scope of the Services.
Data Security: Kinetix Intelligence implements reasonable and appropriate technical and organizational measures to protect End Customer data against unauthorized access, loss, or destruction. However, the Client acknowledges that no data transmission or storage system can be guaranteed to be 100% secure.
41. Service Limitations & No Guarantees
No Guarantee of Reviews or Ratings: Kinetix Intelligence does not guarantee that the use of the Services will result in a specific number of reviews, positive reviews, or improved ratings for the Client. The decision to leave a review and the content of the review are entirely at the discretion of the End Customer.
Third-Party Platforms: The reviews solicited through the Services are typically posted on third-party platforms (e.g., Google, Yelp, Facebook). Kinetix Intelligence has no control over these platforms and is not responsible for their policies, algorithms, or actions, including the removal or filtering of reviews.
Website & Marketing Services: For Kinetix Systems subscribers, Kinetix Intelligence does not guarantee a specific number of leads, website visitors, search rankings, or business outcomes resulting from the website or marketing automation services.
42. Website & Marketing Services
This section applies specifically to Clients subscribed to the Kinetix Solutions plan.
42.1 Website Ownership and Intellectual Property
All websites designed and built by Kinetix Intelligence, including all source code, website templates, theme files, automation configurations, and underlying software, are and remain the intellectual property of Kinetix Intelligence or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use the website and associated services solely as part of your active Kinetix Systems Subscription. Upon cancellation or termination of your Subscription, your license to use the website ends immediately and the website will be taken offline. We are not obligated to transfer the website's source code, theme files, templates, or proprietary configurations to you upon termination. You retain full ownership of any Client Content you provided — including your business name, logo, photographs, text, and other original materials — and you may request the return or export of such Client Content at any time prior to or within 30 days of termination. If you registered a domain through Kinetix Intelligence, ownership of the domain registration transfers to you upon request and payment of any applicable transfer fees.
42.2 Client Content for Website Services
You are responsible for providing all necessary Client Content (text, images, logos, branding, business information) required to build your website. Standard build time is 7–10 business days following receipt of your completed onboarding form. Delays in providing Client Content may extend the build timeline, and Kinetix Intelligence is not responsible for build delays caused by the Client's failure to provide required materials in a timely manner.
42.3 Hosting and Uptime
Your website is hosted on our infrastructure. While we make reasonable efforts to maintain uptime and availability, we do not guarantee uninterrupted access to the website. Scheduled maintenance, third-party platform outages, or events beyond our reasonable control may result in temporary unavailability, for which Kinetix Intelligence shall not be liable.
42.4 Platform Access
Kinetix Systems subscribers receive access to the Kinetix Intelligence Platform, including the GoHighLevel-based environment provided under the white-label. This access is subject to the terms set forth throughout these Legal Terms and may be suspended or terminated in accordance with Sections 12, 22, and 43.
43. Termination & Suspension
Kinetix Intelligence reserves the right to suspend or terminate the Client's access to the Services immediately and without notice if Kinetix Intelligence determines, in its sole discretion, that the Client has violated these Terms, including but not limited to failing to obtain proper consent from End Customers, sending spam or abusive messages, engaging in illegal activities, or failing to pay amounts when due. Upon termination, Kinetix Intelligence will cease sending messages on behalf of the Client, take any Client-licensed website offline (for Kinetix Systems subscribers), and may delete or archive the Client's account and associated data in accordance with its data retention policies, subject to the 30-day Client Content retention period described in Section 22.
44. Indemnification Clause
The Client agrees to indemnify, defend, and hold harmless Kinetix Intelligence LLC, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to: (a) the Client's use of the Services; (b) the Client's violation of these Terms; (c) the Client's failure to obtain required consents or comply with applicable laws (including TCPA, CAN-SPAM, etc.); (d) any dispute between the Client and its End Customers; (e) the Client's communications sent through the Services (including TCPA, CAN-SPAM, and CIPA claims); or (f) the Client's processing of personal information uploaded to the Platform.
45. Miscellaneous 2
Modifications to Terms: Kinetix Intelligence LLC reserves the right to modify or update these Terms at any time. If a material change is made, we will provide you with reasonable notice of the modifications, either by emailing the last email address associated with your account, by posting a notice within the Service, or by other reliable means. It is your responsibility to review any updated Terms. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes.
Force Majeure: Kinetix Intelligence shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, natural disasters, pandemics, government actions, internet or telecommunications failures, or third-party platform outages.
Severability: If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.
Headings: Section headings are for convenience only and do not affect the interpretation of these Legal Terms.
Survival: Sections that by their nature should survive termination — including intellectual property, indemnification, limitation of liability, dispute resolution, governing law,
46. Consent and Agreement
By purchasing any Services from Kinetix Intelligence or completing payment through our checkout, you confirm that:
47. Referral Program Terms
Kinetix Intelligence may offer referral rewards or promotional incentives from time to time. Unless otherwise stated in writing by Kinetix Intelligence, referral rewards are only issued when both the referring client and the referred business become active paying subscribers in good standing at the time the reward is issued. Referral rewards are not available for trial accounts, inactive accounts, paused accounts, or accounts with overdue balances. Self-referrals are not permitted. Businesses operating under the same ownership, brand, franchise system, corporate group, or parent company are not eligible to refer one another for referral rewards. Any such referrals will be deemed invalid. Kinetix Intelligence reserves the right to deny, revoke, or reverse any referral reward if the referral is determined to be fraudulent, abusive, or in violation of these Terms. Kinetix Intelligence may modify, suspend, or terminate the referral program at any time without prior notice.
48. Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
KINETIX INTELLIGENCE LLC
1161 Murfreesboro Pike, Ste 110 #255
Nashville, TN 37217, United States
