Terms of Service
This Terms of Service (ToS) is professionally drafted for KYNEX AI, incorporating your specific business model of AI Managed Services and SaaS dashboard access. It is designed to be enforceable in Ontario, Canada, while addressing the unique risks of AI outputs and international data standards.
Effective Date: March 24, 2026
Welcome to KYNEX AI. These Terms of Service ("Terms") govern your access to and use of our website, AI-managed services, voice agents, and digital dashboard (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
1. ELIGIBILITY & REGISTRATION
B2B Focus: Our Services are designed for business owners and professional entities. By using KYNEX AI, you represent that you are at least 18 years of age and are using the Services for legitimate business purposes.
Account Responsibility: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2. SCOPE OF SERVICES
KYNEX AI provides ongoing AI-managed automation, voice agent deployment, and access to a software dashboard.
"As-Is" Service: Our Services rely on third-party providers (including OpenAI, GROK, GoHighLevel, and Twilio). While we strive for constant uptime, Services are provided on an "as-available" basis, subject to the operational status of these third-party platforms.
3. PAYMENTS, SUBSCRIPTIONS & REFUNDS
Billing: Services are billed via monthly subscriptions and/or one-time setup fees as outlined at the time of purchase.
Taxes: For clients in Canada, HST will be applied. International clients are responsible for any local taxes or duties applicable in their jurisdiction.
Free Trials: We may offer limited free trials. Upon expiration of a trial, the chosen subscription fee will apply.
No-Refund Policy: Due to the high cost of AI computational resources and third-party processing fees, all sales are final. No refunds will be issued for setup fees or used subscription periods.
4. INTELLECTUAL PROPERTY
Client Inputs: You retain all ownership rights to the brand data, customer lists, and specific content you provide to the Services.
Agency Ownership: KYNEX AI retains all rights, titles, and interests in the underlying technology, "Method/Tool" logic, proprietary AI configurations, and software dashboard.
Final Results: The specific outputs, such as successful booking data and generated lead reports, are owned by the Client.
AI Training: You grant KYNEX AI a non-exclusive right to use anonymized, de-identified data generated by your use of the Services to train, improve, and refine our internal AI models and systems.
5. AI USAGE & CONDUCT
Prohibited Actions: You agree not to use KYNEX AI for:
Prank calling or automated harassment.
Political lobbying or unauthorized mass-outreach.
Generating or distributing adult content.
Compliance with Law: You are responsible for ensuring that your use of AI voice agents complies with local telemarketing laws and "Consent to Record" regulations in your jurisdiction.
6. LIMITATION OF LIABILITY ("THE HALLUCINATION CLAUSE")
AI Errors: You acknowledge that AI technology can occasionally produce inaccurate or unexpected information (often referred to as "hallucinations"). KYNEX AI is not liable for any incorrect information provided by the AI during a live call or any business loss resulting from such errors.
Maximum Liability: To the maximum extent permitted by law, KYNEX AI’s total liability for any claim arising out of these Terms shall not exceed the amount paid by you for the Services during the three (3) months prior to the claim.
7. TERMINATION
Cancellation: You may cancel your subscription at any time. To avoid the next billing cycle, cancellation notice must be provided at least 30 days prior to your renewal date.
Suspension: We reserve the right to suspend or terminate your access immediately if you violate these Terms or engage in fraudulent activity.
8. GOVERNING LAW & DISPUTE RESOLUTION
Governing Law: These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada.
Mandatory Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms shall be settled by binding arbitration in Ottawa, Ontario. Both parties waive the right to trial by jury or participation in class-action lawsuits.
CONTACT US
KYNEX AI 967 Gosnell Terrace, Ottawa ON, K4A5C5