Business Terms of Service

These Business Terms of Service (the “Terms”) form a binding agreement between the company, organization, or other legal entity identified during account creation or in an order form (“Customer”) and Kindred AI, PBC (“Kindred,” “we,” “us”). They govern Customer's use of the Kindred platform at bekindred.ai and any associated services. By creating a business account, signing an order form, or otherwise accessing the platform on behalf of an entity, the individual accepting these Terms represents that they have authority to bind the entity, and the entity accepts these Terms.

Customer's authorized users must be at least 13 years old (or the minimum age of digital consent in the relevant jurisdiction, whichever is higher) and legally able to use the platform on Customer's behalf. Customer is responsible for the conduct of every user accessing the platform under its account.

Customer is responsible for the accuracy of registration information, for keeping all account credentials secure, and for activity that occurs under its account. Customer must promptly notify Kindred of any unauthorized access. Each user must comply with these Terms and the Acceptable Use Policy as a condition of access.

Customer's use of Kindred is governed by our Acceptable Use Policy, incorporated by reference into these Terms. A material violation by Customer or any user under Customer's account may result in suspension or termination of the account or relevant users.

Kindred bills business plans either through self-service subscription or by invoice under an order form (a “Subscription”). Subscriptions are billed in advance for the agreed term (monthly or annual, as specified). Invoices are due net thirty (30) days from the invoice date unless an order form specifies otherwise. Past-due amounts may accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law, and Kindred may suspend the service after written notice for non-payment.

All fees exclude taxes, levies, and duties imposed by taxing authorities. Customer is responsible for all such taxes other than taxes based on Kindred's net income.

No consumer statutory refund rights. Business purchases are made for business purposes and are not consumer transactions. The consumer withdrawal, refund, and chargeback rights referenced in the Consumer Terms do not apply to Subscriptions under these Business Terms. Fees are non-refundable except where an order form expressly provides otherwise or as required by applicable law.

Renewal and cancellation. Subscriptions renew automatically for successive terms equal to the initial term unless either party gives notice of non-renewal at least thirty (30) days before the end of the then-current term. Cancellation takes effect at the end of the then-current term; fees already paid are not refunded.

Kindred's rights. The Kindred platform, including its software, design, brand, the Symposis framework, our prompts, and our editorial methodology, is owned by Kindred AI, PBC and protected by intellectual property laws. These Terms grant Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the platform during the Subscription term, solely for Customer's internal business purposes.

Customer content. Customer retains all rights it already had in the queries it submits and the documents it uploads (“Inputs”) and in the analyses and outputs the platform generates from its Inputs (“Outputs”). Customer grants Kindred a limited, non-exclusive license to host, store, and process Inputs and Outputs solely to provide the service to Customer. Kindred does not use Customer Inputs or Outputs to train AI models without Customer's explicit, written opt-in.

Outputs are generated by AI models and structured analysis. They are informational and not legal, medical, financial, or other professional advice. AI models can make mistakes, including stating confidently incorrect facts or misattributing sources. Customer is responsible for evaluating Outputs and for any decisions made based on them.

Where Kindred processes personal data on behalf of Customer in connection with the platform, Customer is the controller of that personal data and Kindred is the processor. Kindred's processing is governed by our Data Processing Agreement, which is incorporated by reference into these Terms and forms a binding part of the agreement for business customers. The current list of Kindred subprocessors is published at Subprocessor List.

To the maximum extent permitted by law, the platform is provided “as is” and “as available” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

To the maximum extent permitted by law, each party's aggregate liability arising out of or relating to these Terms is limited to the fees Customer paid or owes Kindred for the Subscription in the twelve (12) months before the event giving rise to the claim. Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or lost data, even if advised of the possibility of those damages.

The foregoing limits do not apply to (i) Customer's payment obligations, (ii) either party's indemnification obligations under these Terms, (iii) a party's gross negligence, willful misconduct, or fraud, or (iv) any liability that cannot lawfully be excluded or limited.

By Kindred. Kindred will defend Customer against any third-party claim alleging that Customer's authorized use of the platform infringes a valid intellectual property right of that third party, and will pay damages finally awarded by a court of competent jurisdiction or agreed in settlement, provided Customer (a) promptly notifies Kindred in writing of the claim, (b) gives Kindred sole control of the defense and settlement, and (c) provides reasonable cooperation. Kindred's obligations under this section do not apply to claims arising from modifications, combinations, or uses not authorized by Kindred, or from Customer Inputs.

By Customer. Customer will defend Kindred against any third-party claim arising from (i) Customer Inputs, (ii) Customer's breach of these Terms or the Acceptable Use Policy, or (iii) Customer's violation of applicable law, and will pay damages finally awarded by a court of competent jurisdiction or agreed in settlement, subject to the same procedural conditions stated above.

We may update these Terms. If a change is material, we will give Customer reasonable advance written notice before it takes effect. Continued use of the platform after the effective date constitutes acceptance. If Customer does not agree, Customer may terminate the affected Subscription effective on the change date by written notice to Kindred before that date, and Kindred will refund any prepaid fees attributable to the period after termination.

Either party may terminate a Subscription for material breach by the other party that remains uncured thirty (30) days after written notice. Kindred may suspend the service immediately if continued access poses a material risk to users or the integrity of the platform, with notice as soon as reasonably practicable. On termination, Customer's right to access the platform ends, and Customer data is handled in accordance with the Data Processing Agreement and our retention practices.

These Terms are governed by the laws of the State of [TODO: governing law state], without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the platform will be brought exclusively in the state or federal courts located in [TODO: governing law venue], and the parties consent to personal jurisdiction in those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Questions about these Terms? Email legal@bekindred.ai. Notices to Kindred AI, PBC should be sent to [TODO: registered address].