Terms of service

These Terms of Service (“Terms”) are a legally binding agreement between you and Apex Agent Labs, Inc., which operates Kinalo (“Kinalo”, “we”, “us” or “our”), covering your access to and use of the Kinalo website, platform and services.

By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

Kinalo provides intake, enrollment and follow-up software for health and wellness organizations, operated and improved by AI agents. Our services may:

• Host and run your intake and enrollment flows
• Analyze intake behavior to find where and why people drop off
• Prepare intake experiments and follow-up emails and texts for your review
• Send the follow-up messages you approve
• Measure results and report on enrollment

We may modify, suspend or discontinue any part of our services at any time.

3.1 Account creation

To use our services, you must create an account. You agree to:

• Provide accurate, current and complete information
• Maintain and update your information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access

3.2 Account responsibility

You are responsible for all activity that occurs under your account. You may not share your account credentials or allow others to access your account.

You agree not to:

• Use our services for any illegal purpose or in violation of any law
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the integrity or performance of our services
• Reverse engineer, decompile or disassemble any part of our services
• Use automated systems to access our services without permission
• Transmit viruses, malware or other malicious code
• Collect or harvest information about other users
• Impersonate any person or entity
• Use our services to compete with us or build a similar product

You are responsible for the intake content, claims and offers you approve, and for obtaining any consent required to contact the people in your programs, including consent to receive text messages. People who receive texts through Kinalo are covered by our SMS terms.

Kinalo does not provide medical advice or care. Your clinicians and care partners keep authority over clinical decisions and health records.

Where we create, receive, maintain or transmit protected health information on your behalf, we do so under a business associate agreement between us. That agreement controls if it conflicts with these Terms.

7.1 Our property

The Kinalo platform, including all content, features, functionality, software and technology, is owned by Apex Agent Labs, Inc. and is protected by copyright, trademark and other intellectual property laws.

7.2 Your content

You retain ownership of any content you provide to our services. By using our services, you grant us a limited, non-exclusive, royalty-free license to use, process and analyze your content solely to provide and improve our services.

7.3 Feedback

If you give us feedback, suggestions or ideas, we may use them without any obligation to you.

8.1 Fees

Access to our services requires payment of fees. You agree to pay all applicable fees as described on our website or in your order. All fees are non-refundable unless otherwise stated.

8.2 Billing

For subscription services:

• You will be billed in advance on a recurring basis (monthly or annually)
• Your subscription renews automatically unless cancelled
• You must provide current, complete and accurate billing information
• We may suspend or terminate your account for non-payment

8.3 Price changes

We may change our fees. We will give you reasonable notice of any fee change before it takes effect.

9.1 Cancellation by you

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing period.

9.2 Termination by us

We may suspend or terminate your account if:

• You violate these Terms
• You fail to pay applicable fees
• We are required to do so by law
• We discontinue the service

9.3 Effect of termination

On termination, your right to use our services ends immediately. We may delete your data in line with our data retention policies.

10.1 Service “as is”

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

10.2 No guarantee of results

We do not guarantee that our services will improve your enrollment or conversion rates or achieve any specific result. Our recommendations are based on analysis and best practices, and results may vary.

10.3 Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APEX AGENT LABS, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

You agree to indemnify, defend and hold harmless Apex Agent Labs, Inc., its officers, directors, employees and agents from any claims, liabilities, damages, losses and expenses arising out of or related to your use of our services or your violation of these Terms.

Our collection and use of personal information is described in our privacy policy. By using our services, you consent to our privacy policy.

While we use reasonable security measures, we cannot guarantee the security of your data. You use our services at your own risk.

Our services may integrate with or link to third-party services. We are not responsible for the content, policies or practices of third-party services. Your use of them is at your own risk and subject to their terms and policies.

We may modify these Terms at any time. We will notify you of material changes by email or through our services. Your continued use of our services after changes take effect means you accept the modified Terms.

15.1 Governing law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

15.2 Dispute resolution

Any dispute arising out of or relating to these Terms or our services will be resolved by binding arbitration under the rules of the American Arbitration Association, except that either party may seek injunctive relief in court.

15.3 Class action waiver

You agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action.

16.1 Entire agreement

These Terms, together with our privacy policy and any order or business associate agreement between us, are the entire agreement between you and Apex Agent Labs, Inc. regarding our services.

16.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

16.3 Waiver

No waiver of any term is a further or continuing waiver of that term or any other term.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

Questions about these Terms? Contact Apex Agent Labs, Inc. at support@kinalo.health.