PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY ACCESSING ASKKEVIN.AI OR INSTALLING AND USING SERVICES AVAILABLE ON ASKKEVIN.AI, YOU ACCEPT AND AGREE TO THEM. PLEASE ALSO READ OUR PRIVACY POLICY TO LEARN HOW WE COLLECT AND USE INFORMATION.
These Service Terms (these “Terms”) explain the relationship between KEVIN AI LLC(“KEVIN AI”, "we", "us" and/or "our") and you when you (i) access and use askkevin.ai and its related domains (together, the “Site”) and/or (ii) install, use, and in some cases purchase KEVIN AI s proprietary software applications (including all related documentation, updates and upgrades) and any other services offered through the Site (the “KEVIN AI” Services”).
These Terms govern visitors’ access to and use of the public areas of the Site, as well as access to and use of the KEVIN AI Services. Unless otherwise indicated, “KEVIN AI Services” as used throughout these Terms includes the public areas and the KEVIN AI Services. For the purposes of these Terms, “you” or “your” refers to you as a visitor to or registered user of the KEVIN AI Services.
These terms also contain provisions that govern how claims you and KEVIN AI have against each other are resolved. You are required to submit claims you have against us, our agents, or our service providers to binding and final arbitration. You are not permitted to pursue claims against us, our agents, or our service providers as a plaintiff or class member in any class or representative action or proceeding. You are only permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. By using our Site or services, or entering into this agreement, you expressly acknowledge that you have read and understand these terms. =
THESE TERMS, TOGETHER WITH OUR PRIVACY POLICY, FORM AN AGREEMENT BETWEEN YOU AND KEVIN AI. BY AGREEING TO THESE TERMS OR USING THE KEVIN AI SERVICES, YOU REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT.
IF YOU AGREE TO THESE TERMS OR USING THE KEVIN AI SERVICES ON BEHALF OF YOUR EMPLOYER, YOUR ACCEPTANCE OF THESE TERMS IS DEEMED AN AGREEMENT BETWEEN YOUR EMPLOYER AND KEVIN AI AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THESE TERMS.
PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION CONTAINED ON THIS WEBSITE.
The KEVIN AI Services are owned by KEVIN AI and are licensed, not sold, to you. Subject to your payment of all applicable fees, KEVIN AI grants to you a personal, nonexclusive, non transferable, limited license (without the right to sublicense) to access and use the Site and to access, install, and use the KEVIN AI Services subject to the limitations set forth in these Terms, any relevant purchase order or ordering document related to the KEVIN AI Services (“Subscription Form”) and any and all other terms and policies set forth in the KEVIN AI Services. You acknowledge that the source code for the KEVIN AI Services and other trade secrets embodied in the KEVIN AI Services have not been and will not be licensed or otherwise disclosed to you. All rights not expressly granted herein are reserved by KEVIN AI
USE OF KEVIN AI’S SERVICES
If you wish to use KEVIN AI’s services, you are required to register and create an account to use the KEVIN AI Services (“Account”). You agree that you will maintain and update your registration and account information to ensure it is current, complete and accurate and that we have the right to terminate your Account and use of the KEVIN AI Service if you provide untrue, incomplete or inaccurate information.
TERM & TERMINATION
Upon account creation and payment, KEVIN AI Services shall commence on the date of payment and shall continue for a period of one(1) months. Following the initial one (1) month period, this Agreement shall automatically renew for successive three (3) month periods, unless thirty (30) days' written notice of its intention to terminate is provided. If you would like to terminate your billing cycle you may follow these instructions.
DEPOSITS & REFUNDS
All deposits related to exclusivity are non-refundable.
Once services have commenced, unless services cannot be rendered due to the fault of KEVIN AI, there shall be no refunds for any reason, including but not limited to dissatisfaction with the services provided. The User acknowledges and agrees that KEVIN AI's obligation to provide services begins on the date services commence and that no refunds shall be issued thereafter.
OUR ENHANCED USE MONEY-BACK GUARANTEE
KEVIN AI not only offer a tool, but a pathway to revolutionize your sales and marketing efforts. Our "Enhanced Use Money-Back Guarantee" is designed to ensure that you leverage KEVIN AI to its fullest potential in sales research, list building, content creation, and outreach. If after a year of usage you don't see a significant improvement in efficiency, time management, content generation, or marketing output, we will refund your subscription.
Guarantee Terms:
1. Eligibility Period: This guarantee covers all one-year KEVIN AI subscriptions from the date of purchase
2. Maximum Utilization Requirement: We're so confident in KEVIN AI’s capabilities that we're willing to offer a full refund, if it doesn't meet or exceed your expectations.
3. Documentation of Use: Keep a log or record of your activities in these areas as proof of your efforts to utilize KEVIN AI comprehensively.
4. Performance Evaluation:
5. Claim Process:
6. Refund Determination: Each request will be evaluated based on the documented use and the specifics of the efficiency report. Approval is contingent upon fulfilling the Enhanced Use requirements.
7. Refund Amount: Approved refunds will consist of the full amount of your one-year subscription fee.
Our Commitment:
We believe in the transformative power of KEVIN AI when used to its full capacity. This guarantee is our vote of confidence in KEVIN AI’s ability to significantly enhance your sales and marketing processes. It's not just about using a tool; it's about unlocking its full potential for your business's growth and efficiency.
For further information or any queries regarding our Enhanced Use Money-Back Guarantee, please reach out to our customer support team.
YOUR RESPONSIBILITY
You are responsible for providing the equipment and services that you need to access, install, and use the KEVIN AI Services. KEVIN AI does not guarantee that the KEVIN AI Services are accessible on any particular equipment or device or with any particular software or service plan.
You are responsible for all activities that occur through your Account, whether or not authorized by you. Please do not share your Account or any of its information with any other person.
You will use the KEVIN AI Services only for your internal business purposes and in accordance with applicable laws, rules and regulations. You are responsible for all of your activities that occur within, through or as a result of your use of the KEVIN AI Services. You agree that you will not use the KEVIN AI Services for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third party privacy or other rights. You agree that you will not use the KEVIN AI Services if you are under the age of majority in your place of residence or otherwise not fully able and competent to agree to these Terms.
If you use the KEVIN AI Services on your mobile device, you are solely responsible for all message and data fees charged by your wireless service provider. Please contact your mobile service provider for pricing plans and details. KEVIN AI is not liable for any delays, interruptions or other transmission errors related to your device, service or wireless service provider.
Except as specifically permitted in these Terms or expressly authorized in writing by KEVIN AI, you agree that you will not directly or indirectly: (a) distribute, sell, assign, encumber, transfer, rent, lease, sublicense, modify or time-share the KEVIN AI Services; (b) use any of the KEVIN AI Services in any service bureau arrangement or on behalf of any third party; (c) reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify any of the KEVIN AI Services; or (d) permit any third party to engage in any of the acts described in clauses (a) through (c).
You are not permitted to: (a) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in any of the KEVIN AI Services; (b) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any of the KEVIN AI Services; (c) use any means to discover the source code of the KEVIN AI Services or to discover the trade secrets in the KEVIN AI Services; or (d) otherwise circumvent any functionality that controls access to or otherwise protects the KEVIN AI Services.
You are responsible for complying with all laws, rules and regulations (including those relating to internet, data and email privacy) that apply to your use of the KEVIN AI Services.
OUR RESPONSIBILITY
KEVIN AI is responsible for providing the KEVIN AI Services in accordance with these Terms and all applicable laws, rules and regulations.
We will maintain commercially reasonable administrative, physical and technical safeguards intended to protect the security, confidentiality and integrity of information that you provide to or through the KEVIN AI Services (including Your Content as defined below).
KEVIN AI reserves the right but is not obligated to improve, enhance or modify the KEVIN AI Services. We will notify you in advance of changes to the KEVIN AI Services that may significantly adversely affect the manner in which you use the KEVIN AI Services or the manner in which the KEVIN AI Services perform.
KEVIN AI is not responsible for the content of Other Services or for losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees (“Claims”) arising from your use of content, information, web sites, software, services and other materials of third parties with which you may interact when you use the KEVIN AI Services (collectively, “Other Services”).
YOU ACCESS OTHER SERVICES ENTIRELY AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH TERMS AND CONDITIONS APPLICABLE TO YOUR ACCESS AND USE OF OTHER SERVICES.
AVAILABILITY OF SERVICES
We use commercially reasonable efforts to make the KEVIN AI Services available to you 24 hours per day, seven (7) days per week. However, availability may be affected by scheduled maintenance, emergency maintenance, and factors beyond our reasonable control. This includes, but is not limited to, causes such as natural disasters, wars, terrorist acts, civil disturbances, governmental actions, labor disputes, and systemic failures of electrical, telecommunications, or other utility services. Additionally, we are not responsible for unavailability caused by issues related to your actions, or any software, hardware, or services not provided by us, including failures or blocks imposed by email providers or other third-party service providers.
REPRESENTATIONS AND WARRANTIES OF YOUR CONTENT
The KEVIN AI Services allow you to upload, transmit and use information, contacts, and other content to and through the KEVIN AI Services; this includes, but is not limited to, text, images, documents, files, contacts or other electronic materials that are stored, delivered, or otherwise made available using the Services (collectively, “Your Content”).
You are solely responsible for the accuracy, quality, legality and means by which you acquired Your Content. You understand that KEVIN AI will use Your Content to provide the KEVIN AI Services to you. You have or will obtain all rights necessary to provide Your Content to KEVIN AI and you hereby grant KEVIN AI a worldwide license to use, reproduce, transmit, display and adapt your Content as necessary for KEVIN AI to provide the KEVIN AI Services to you in accordance with these Terms.
ACCEPTABLE USE
You will only use the Services for legal purposes and activities only, and your Use of Content must be in compliance with any applicable law. Your Content or Use thereof will not infringe the Intellectual Property of any third party. You will not use the Services to link to or allow access to third party Intellectual Property without proper authorization.
You will ensure Your Content and use of the Services does not:
1. Contain, promote, or sell pornography or pornographic sexual products, content or services;
2. Transmit or facilitate the transmission of child pornography, child erotica or bestiality;
3. Transmit or contain any private or personally identifying information about children without their consent (or their parents’ consent in the case of a minor);
4. Promote or sell illegal goods, illegal drugs, or contraband;
5. Facilitate gambling, regardless of whether it is legal in your jurisdiction;
6. Contain instructions on how to assemble or otherwise make bombs, grenades or other weapons;
7. Advocate, promote or otherwise encourage violence against any governments, organizations, groups or individuals;
8. Engage in any libelous, defamatory, threatening, or harassing activity;
9. Include grossly offensive materials, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content;
10. Promote, solicit or participate in deceptive advertising, products or services, including but not limited to pyramid schemes or multi-level channel and/or network marketing (MLM) businesses; Misrepresent your identity, mislead, or contain fraudulent information;
11. Contain any virus, Trojan horse, worm, or anything else that may be harmful to the Service or KEVIN AI's networks, systems, or other customers or users.
PROHIBITED USE
You will not Use or permit End Users to Use the Services for any of the following activities (“Prohibited Uses”):
1. Any activity or abuse of the Services, which may, in KEVIN AI's sole discretion, result in harm to systems or networks, or which may result in harm to any third-party services, systems, or networks;
2. Any attempt to breach security or authentication measures of networks, data, servers, databases, or the like, without the expressed authorization of their owner;
3. Any attempt to test, probe, or scan the vulnerability of any system or network without the expressed authorization of the owner of such network or system;
4. Any monitoring of traffic or data on any network or system without authorization from the owner of such network or system;
5. Any attempt to interfere or disrupt any service or network, including without limit denial of service attacks or any deliberate attempt to overload a system;
6. Any forging of TCP-IP packet headers or any part of the header information in newsgroup posting or emails;
7. Any usage or attempted usage of services for which you are not authorized to use.
ANTI-SPAM
You will not use nor permit any affiliated third parties to use the Services for Spam or without first obtaining any necessary consents required by law in the country of residence of the email recipient. You acknowledge that you are the sole or designated “sender” (as such term is defined in the CAN-SPAM Act of 2003 and any rules adopted under such act) and the “data controller” (as such term is defined by the European Union’s General Data Protection Regulation) of any email message sent by you using Services.
RESTRICTIONS ON USE
You may use this Site only for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without KEVIN AI’ prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Site, (ii) frame this Site, or (iii) hyperlink or deep-link to this Site without the express prior written consent of an authorized representative of KEVIN AI. For purposes of these Terms and Conditions of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party, in a manner that is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with KEVIN AI in causing any unauthorized co-branding, framing, or linking to immediately cease.
VIOLATION OF THESE TERMS
You are responsible for immediately taking action to prevent or correct any known or suspected violation. If KEVIN AI believes in its sole discretion that you, or an End User, have violated these Terms, then KEVIN AI will attempt to notify you of such violation and KEVIN AI at its own discretion may immediately (1) remove all or a portion of your Content, (2) disable your use of the Services by rerouting traffic to your origin server, or (3) terminate the Services. KEVIN AI’s failure to notify you will not limit its remedies or create any liability to accrue to KEVIN AI Should KEVIN AI take action based on a violation of these Terms, you will not be entitled to any refund or abatement of fees. KEVIN AI may work with legal authorities as well as pursue criminal and/or civil charges relating to any violation of these Terms.
COPYRIGHT LIMITATIONS
Proprietary content from KEVIN AI is the property of KEVIN AI. As such, copyrighted material is protected by U.S. copyright and intellectual property laws. You may print copyrighted material for personal, noncommercial use only. You may not publish, copy, or otherwise reproduce any of KEVIN AI’ copyrighted material for public/commercial use and/or distribution. Any attempt to reproduce or commercially distribute any copyrighted material without the expressed written permission of KEVIN AI is strictly prohibited. KEVIN AI does not grant any expressed or implied rights to the user under any patents, trademarks, copyrights, or other similar rights. Use of editorial content without the expressed written permission of KEVIN AI is strictly prohibited.
THIRD PARTY TRADEMARK
All trademarks not owned by KEVIN AI that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, sponsored, or endorsed by KEVIN AI.
ARBITRATION
You and KEIN AI hereby agree that any dispute, claim, or controversy arising out of relating to the Terms, the Site, or the Services will be settled in binding arbitration between you and KEVIN AI—not in a court of law. The Federal Arbitration Act governs the interpretation and enforcement of this obligation to arbitrate.
You and KEVIN AI hereby waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and KEVIN AI otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. Notwithstanding the foregoing, both you and KEVIN AI retain the right to bring an individual action in small claims court (if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis) and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of either party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
You and KEVIN AI agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, or representative or private attorney general action or proceeding. Unless both you and KEVIN AI agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other users. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and KEVIN AI’s right to appeal the court’s decision. All other claims will be arbitrated.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form notice of dispute. If you and KEVIN AI are unable to resolve the claims described in the notice within thirty (30) days after the notice is sent, you or KEVIN AI may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party.
The arbitration hearing will be held in a location agreed between you and us. If we cannot agree, either party may request an arbitrator to decide the location of the hearing. If the value of the relief sought is $10,000 or less, you or KEVIN AI may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and KEVIN AI, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you or KEVIN AI may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator is not bound by rulings in prior arbitrations involving different users. The arbitrator’s award is final and binding. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Unless otherwise determined by the arbitrator, each party will be responsible for their own fees.
CHOICE OF LAW
These Terms are governed by the internal substantive laws of the State of Wyoming without respect to its conflict of laws provisions. This choice of law and venue provision do not apply to the arbitration provision or any arbitrable disputes described above. Instead, the Federal Arbitration Act applies to such disputes.