Effective date · 28 June 2025
Terms of Service.
These are the rules of the road for using Kynetic. They're written in plain English so a sparky or plumber can understand what they're agreeing to. If you have questions, email us at legal@kynetic.agency.
01
Introduction and acceptance
These Terms of Service ("Terms") form a binding agreement between Kynetic ("we", "us", "our") and the business using the service ("you", "your").
By signing up, accessing, or using Kynetic, you agree to these Terms. If you accept on behalf of a business or other legal entity, you warrant that you have the authority to bind that entity.
Effective date: 28 June 2025. If you don't agree, don't use the service.
02
The service
Kynetic provides AI-powered automation for trade businesses. This includes:
- Lead capture and instant response via SMS, voice, and social.
- Voice-to-quote generation from your recordings.
- Lead qualification and follow-up.
- Integration with your job management software.
- A unified dashboard to track jobs and leads.
The service is provided on a subscription basis. We may add, remove, or modify features with reasonable notice for material changes.
Kynetic is built for business use (B2B), not personal or consumer use. You must be operating a trade business in Australia or New Zealand to use it.
03
Accounts and eligibility
To use Kynetic, you must be at least 18 years old and operating a legitimate business in Australia or New Zealand.
You are responsible for keeping your login credentials secure, and for all activity that happens under your account. Treat your password like your tools — keep them safe.
One account should generally be used for one business. Don't share a single account across unrelated businesses without our written agreement.
04
Subscriptions, fees and payment
Fees are charged based on the subscription plan you agree to at sign-up. We bill in advance on a monthly or annual cycle.
Prices are in Australian dollars (AUD) for Australian customers, and New Zealand dollars (NZD) for New Zealand customers. Where stated, prices include GST or other applicable taxes.
Payment is due on the billing date. If payment fails, we may suspend access until the account is brought up to date.
No refunds for partial periods unless required by law. We may change pricing with at least 30 days' written notice.
Australian customers: where the Australian Consumer Law (ACL) applies, it gives you statutory guarantees that cannot be excluded. Nothing in these Terms limits rights you have under the ACL.
05
Acceptable use
When using Kynetic, you must not:
- Use the service for any unlawful purpose.
- Reverse-engineer, scrape, copy, or attempt to extract the source of the platform.
- Use the service to harass, spam, mislead, or deceive any third party.
- Introduce malware, viruses, or attempt to compromise our systems.
- Resell, white-label, or repackage the service without our written consent.
- Misrepresent AI-generated responses as personally written by you in situations where that would be misleading.
06
Your data and content
You retain ownership of all data you put into Kynetic — including your business details, voice recordings, and customer lead data.
You grant Kynetic a limited licence to use, process, and store that data solely to provide and improve the service for you.
You are responsible for making sure you have the right to share any data you upload, including customer and lead data. For full details, see our Privacy Policy and Data page.
07
Voice recordings and AI features
When you use the voice-to-quote feature, you consent to your voice being recorded and processed by our AI systems.
AI-generated quotes, responses, and transcripts are tools to assist you — not replace your judgment. You remain responsible for reviewing any AI output before it is sent to your customers.
Kynetic does not guarantee that AI-generated content is accurate or complete. Always double-check quotes before sending them out.
08
Third-party integrations
Kynetic connects with third-party services such as Tradify, Fergus, ServiceM8, simPRO, Xero, Gmail, Outlook, Facebook, Instagram, WhatsApp, Twilio and Slack.
Those integrations are governed by the third parties' own terms and privacy policies. We are not responsible for their availability, accuracy, or how they handle your data.
Connecting an integration is your choice. Once connected, data may flow between Kynetic and that service in line with their settings and yours.
09
Intellectual property
Kynetic owns all rights in the platform, software, branding, and content we create. These Terms do not transfer any of those rights to you.
You own your data; we own the platform. You receive a limited, non-transferable licence to use Kynetic during your subscription.
10
Confidentiality
Both parties agree to keep each other's confidential business information private. This includes pricing, unreleased features, business processes, and anything marked as confidential.
This confidentiality obligation continues even after the agreement ends.
11
Warranties and disclaimers
We provide Kynetic with reasonable care and skill. However, we do not warrant that the service will always be uninterrupted, error-free, or that every AI output will be accurate.
To the maximum extent permitted by law — including the Australian Consumer Law and the New Zealand Consumer Guarantees Act — we exclude all implied warranties not expressly stated in these Terms.
For Australian consumers: where the ACL applies, our liability for a failure to comply with a consumer guarantee is limited to either re-supplying the service or refunding the cost of the service.
12
Limitation of liability
To the maximum extent permitted by law, Kynetic's total liability for any claim arising from these Terms or the service is limited to the fees you paid in the 3 months before the claim arose.
We are not liable for indirect, incidental, consequential, or special damages — including loss of profits, loss of data, or loss of business opportunity.
Nothing in this section limits our liability for fraud, death or personal injury caused by negligence, or where limitation is prohibited by law (including under the ACL or New Zealand Fair Trading Act 1986).
13
Indemnification
You agree to indemnify Kynetic against any claims, losses, or costs arising from:
- Your misuse of the service.
- Your breach of these Terms.
- Your violation of any third party's rights.
14
Suspension and termination
You can cancel your account at any time via your account settings or by emailing us.
We may suspend or terminate your account if you breach these Terms, don't pay your fees, or if we are required by law.
When the agreement ends, your access stops. We will retain your data in line with our Data Retention Policy and then delete it.
Clauses that should survive termination — including intellectual property, confidentiality, liability, and indemnification — do survive.
15
Changes to these terms
We may update these Terms from time to time. Material changes will be notified at least 14 days in advance by email or in-app notice.
Continued use of Kynetic after the changes take effect means you accept the updated Terms.
16
Governing law and disputes
Australian customers: these Terms are governed by the laws of New South Wales, Australia. Any dispute will be dealt with by the courts of New South Wales, unless we agree otherwise.
New Zealand customers: these Terms are governed by the laws of New Zealand. Any dispute will be dealt with by the New Zealand courts, unless we agree otherwise.
We encourage resolving disputes informally first. Contact us at legal@kynetic.agency.
Nothing in this section prevents either party from seeking urgent injunctive relief from a court.
17
General
Entire agreement: these Terms, together with our Privacy Policy and Data page, form the entire agreement between you and Kynetic.
Severability: if any clause of these Terms is found to be unenforceable, the rest of the Terms remain in force.
No waiver: if we don't enforce a right immediately, that doesn't mean we waive it.
Assignment: we may assign these Terms to a successor entity. You may not assign them without our written consent.