Terms of Service
Last Updated: October 26, 2025
These Terms of Service ("Terms") govern your access to and use of the KineticBI website located at kineticbi.com and app.kineticbi.com (collectively, the "Site") and related services, features, content, and applications offered by KineticBI, LLC ("KineticBI," "we," "us," or "our") (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Service.
1. Acceptance of Terms
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and KineticBI.
If you are accessing or using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both you as an individual and that entity.
2. Description of Service
KineticBI provides business intelligence and analytics tools designed for homebuilders to analyze market data, manage spec home projects, and make data-driven decisions ("Service"). The Service may include:
- Market research and competitive analysis tools
- Data visualization and reporting capabilities
- Project tracking and management features
- AI-powered insights and recommendations
- Email notifications and updates
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, and without liability to you.
3. Eligibility
You must be at least 18 years old and legally capable of entering into binding contracts to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements. If you do not meet these requirements, you may not access or use the Service.
4. User Accounts and Registration
To access certain features of the Service, you may be required to create an account. When you create an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your account credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access or security breach
You are solely responsible for all activity that occurs under your account. We reserve the right to suspend or terminate your account if any information provided is inaccurate, false, or incomplete, or if you violate these Terms.
5. Acceptable Use Policy
You agree not to use the Service to:
- Violate any applicable local, state, national, or international law
- Infringe on any intellectual property rights of KineticBI or any third party
- Transmit any harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content
- Distribute viruses, malware, or other harmful computer code
- Attempt to gain unauthorized access to any part of the Service or related systems
- Interfere with or disrupt the Service or servers or networks connected to the Service
- Use automated scripts, bots, or scrapers to access the Service
- Reverse engineer, decompile, or disassemble any portion of the Service
- Resell, redistribute, or provide access to the Service to third parties without authorization
- Use the Service for any purpose that competes with KineticBI
We reserve the right to investigate and take appropriate legal action against anyone who violates this policy, including removing content, suspending or terminating accounts, and reporting to law enforcement authorities.
6. Intellectual Property Rights
Our Intellectual Property
The Service and all content, features, and functionality, including but not limited to software, text, graphics, logos, images, audio, video, and data compilations, are owned by KineticBI or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes. This license does not include any right to: (a) resell or commercial use of the Service; (b) modify or make derivative works of the Service; (c) download or copy account information; or (d) use data mining, robots, or similar data gathering tools.
Your Content
You retain all ownership rights to any content, data, or information you submit, upload, or transmit through the Service ("User Content"). By submitting User Content, you grant KineticBI a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, adapt, publish, and display such User Content solely for the purpose of providing and improving the Service. You represent and warrant that you have all necessary rights to grant this license.
7. Subscription and Payment Terms
Early Access
KineticBI is currently in early access. During this period, access may be provided at no charge or at discounted rates at our discretion. We reserve the right to transition to paid subscription plans at any time with reasonable notice.
Future Paid Subscriptions
When paid subscriptions become available, you agree to pay all fees associated with your selected subscription plan. Subscription fees are billed in advance on a monthly or annual basis and are non-refundable except as required by law or as expressly stated in these Terms. We reserve the right to change our pricing with 30 days' notice.
Automatic Renewal
Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings or by contacting us at hello@kineticbi.io.
8. Data and Analytics
KineticBI provides data, analytics, and insights as part of the Service. You acknowledge and agree that:
- Data and insights are provided for informational purposes only and should not be considered professional advice
- You are solely responsible for your business decisions and how you use the information provided
- We do not guarantee the accuracy, completeness, or timeliness of any data or insights
- Market conditions and data sources may change, affecting the accuracy of our analyses
- You should independently verify any critical information before making business decisions
9. Third-Party Services and Links
The Service may contain links to third-party websites or integrate with third-party services. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. Your use of third-party services is at your own risk and subject to the terms and conditions of those third parties.
10. Disclaimers and Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, KINETICBI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KINETICBI DOES NOT WARRANT THAT:
- The Service will be uninterrupted, secure, or error-free
- The results obtained from the Service will be accurate or reliable
- Any errors or defects in the Service will be corrected
- The Service will meet your specific requirements or expectations
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KINETICBI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE SERVICE.
IN NO EVENT SHALL KINETICBI'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO KINETICBI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnification
You agree to defend, indemnify, and hold harmless KineticBI, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; or (d) any User Content you submit or transmit through the Service.
13. Termination
We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, with or without notice, and without liability. Reasons for termination may include, but are not limited to:
- Violation of these Terms
- Fraudulent, abusive, or illegal activity
- Extended periods of inactivity
- Non-payment of fees (when applicable)
- At our discretion for business or operational reasons
You may terminate your account at any time by contacting us at hello@kineticbi.io. Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, and dispute resolution provisions.
14. Governing Law and Dispute Resolution
Governing Law
These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of law provisions.
Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules. The arbitration shall take place in Michigan, United States. You agree to waive your right to a jury trial and to participate in a class action lawsuit.
Exceptions
Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
15. Changes to These Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email (if you have provided one) or by posting a notice on the Site prior to the effective date of the changes. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service.
16. Miscellaneous
Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and KineticBI regarding the Service and supersede all prior agreements and understandings.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
Assignment: You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.
Force Majeure: KineticBI shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, or network infrastructure failures.
17. Contact Us
If you have any questions about these Terms of Service, please contact us at: