Terms of Service

1. Agreement & Acceptance

These Terms of Service ("Terms") constitute a legal agreement between you (or your company) and Kinetic Logistics ("Company," "we," "us," "our"). By accessing or using the Kinetic platform ("Service"), you agree to be bound by these Terms. If you do not agree, do not use the Service.

Fictional Notice: These terms are written for a fictional B2B logistics software company created for demonstration purposes. While the structure and legal concepts reflect real-world SaaS agreements, the specific company information, services, and terms are fictional.

2. Use License & Restrictions

Subject to payment and compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to use the Service for your internal business operations. You may not:

• Reverse engineer, decompile, or disassemble the Service
• Use the Service for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to the Service or its systems
• Transmit malware, viruses, or harmful code
• Exceed reasonable usage limits or deliberately disrupt the Service
• Resell, sublicense, or share access with unauthorized parties
• Remove or alter proprietary notices or labels
• Use the Service to compete with Kinetic Logistics

3. Your Account & Responsibilities

You are responsible for maintaining the confidentiality of your login credentials and all activity on your account. You agree to:

• Provide accurate, current information during registration
• Update information if it changes
• Immediately notify us of unauthorized access or security breaches
• Use the Service in compliance with all applicable laws
• Not share credentials with unauthorized users

We reserve the right to suspend or terminate accounts that violate these Terms or pose a security risk.

4. Customer Data

"Customer Data" means all data you input, upload, or transmit through the Service. You retain all rights to your Customer Data. By using the Service, you grant us permission to:

• Access and process Customer Data to provide the Service
• Use aggregated, anonymized data for analytics and improvement
• Maintain backup copies for disaster recovery

We do not use Customer Data for marketing, sale to third parties, or competitive purposes. You remain the owner of all Customer Data and can export or delete it at any time.

5. Subscription Plans & Pricing

Subscriptions are offered on a monthly or annual basis at prices specified in your order. Pricing terms:

• Pricing is billed according to your subscription plan
• You authorize us to charge your payment method on file
• All fees are exclusive of applicable taxes
• Overage charges may apply if you exceed agreed usage limits
• We reserve the right to adjust pricing with 30 days' notice

6. Payment & Billing

You agree to pay all fees according to your subscription plan. Payment terms:

• Monthly subscriptions renew automatically unless canceled
• Annual subscriptions renew at the end of each term
• Cancellation takes effect at the end of the current billing period
• No refunds for partial months or remaining service periods
• Failed payments may result in service suspension

7. Cancellation & Termination

You may cancel your subscription at any time through your account settings. Upon cancellation:

• Service access terminates at the end of the billing period
• You have 30 days to export your Customer Data
• After 30 days, we delete all Customer Data
• We may terminate accounts that violate these Terms

Termination does not relieve you of payment obligations for services already provided.

8. Intellectual Property Rights

The Service, including all software, features, documentation, and content, is owned by Kinetic Logistics or licensed to us. Our intellectual property is protected by law. You may not use our intellectual property except as permitted by these Terms.

You retain all rights to Customer Data you provide. However, by submitting feedback, suggestions, or ideas about the Service, you grant us a non-exclusive, royalty-free license to use such feedback for improvement purposes.

9. Confidentiality

Both parties agree to maintain the confidentiality of non-public information shared during use of the Service, except as required by law or authorized by the other party. This includes but is not limited to:

• Your business data and operational information
• Our Service architecture and algorithms
• Pricing terms and commercial negotiations

Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.

10. Warranties & Disclaimers

Disclaimer: The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind. We disclaim all warranties, including:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranty that the Service will be uninterrupted, error-free, or secure
• Warranty that specific results or outcomes will be achieved

While we work to maintain Service reliability, we cannot guarantee continuous uptime or absolute accuracy of data processing.

11. Limitation of Liability

To the maximum extent permitted by law, Kinetic Logistics shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or goodwill
• Business interruption or cost of substitute services

Our total liability under these Terms shall not exceed the fees you paid in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Kinetic Logistics and its officers, directors, and employees from any claims, damages, or costs arising from:

• Your use of the Service in violation of these Terms
• Customer Data you upload or transmit
• Your infringement of third-party rights
• Your violation of applicable law

13. Service Modifications & Uptime

We may modify, suspend, or discontinue the Service at any time, with or without notice, though we endeavor to provide advance notice of material changes. We target 99.8% uptime but do not guarantee specific availability levels. We are not liable for any downtime or service disruptions.

14. Third-Party Services & Links

The Service may integrate with or link to third-party services and platforms. We are not responsible for third-party services, their accuracy, legality, or practices. Use of third-party services is governed by their terms and privacy policies. We do not endorse or guarantee third-party services.

15. Governing Law & Dispute Resolution

These Terms are governed by the laws of the United States without regard to conflict of law principles. Any disputes shall be subject to:

• Exclusive jurisdiction of courts located in the United States
• Mutual agreement to pursue good-faith negotiation and mediation before litigation
• Waiver of jury trial rights to the maximum extent permitted by law

16. Entire Agreement

These Terms, along with our Privacy Policy and any order forms or service agreements, constitute the entire agreement between you and Kinetic Logistics regarding the Service. If any provision is found to be unenforceable, the remaining provisions shall continue in full force.

17. Changes to Terms

We may update these Terms from time to time to reflect changes in the Service, law, or other factors. We will notify you of material changes via email or by posting the updated Terms on our website with an updated "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.

18. Contact Information

If you have questions about these Terms, contact us: