Please read these Terms of Service ("Terms") carefully before using the DealKinetic platform and services. These Terms constitute a legally binding agreement between you and DealKinetic Inc. ("DealKinetic," "we," "us," or "our") governing your access to and use of our services.
By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our services. If you are using our services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
DealKinetic provides a lead recovery platform that helps businesses recover revenue from previously abandoned leads through automated follow-up and engagement services ("Services"). Our Services include:
Our standard pricing model is performance-based, with:
You agree to pay all applicable fees based on the recovered revenue attributed to our Services. Payments will be processed according to the payment schedule outlined in your service agreement. Late payments may result in suspension of Services.
Revenue will be attributed to our Services if a lead that we've re-engaged converts into a paying customer. Our system tracks engagement through CRM integration and other tracking methods outlined in your service agreement.
To use our Services, you will need to provide DealKinetic with limited, secure access to your CRM system. You are responsible for ensuring that you have the right to grant us such access and that doing so does not violate any agreements you have with your CRM provider.
You retain all rights to your data. By using our Services, you grant DealKinetic a limited license to access, use, and process your data solely to provide the Services to you. We will handle your data in accordance with our Privacy Policy.
We implement reasonable security measures to protect your data. However, you acknowledge that no method of transmission over the internet or electronic storage is 100% secure. You are responsible for maintaining the security of your account credentials.
When using our Services, you agree to:
You agree not to:
These Terms will remain in effect until terminated by either you or DealKinetic.
You may terminate these Terms at any time by providing written notice to DealKinetic and ceasing all use of our Services. If you have an ongoing service agreement, termination will be governed by the terms of that agreement.
We may terminate or suspend your access to the Services immediately, without prior notice, if:
Upon termination, your right to use the Services will immediately cease. Any fees owed to DealKinetic will become immediately due and payable. Sections of these Terms that by their nature should survive termination will survive, including but not limited to payment obligations, warranty disclaimers, indemnity, and limitations of liability.
All rights, title, and interest in and to the Services, including all intellectual property rights, are and will remain the exclusive property of DealKinetic and its licensors. Nothing in these Terms grants you a right to use any of DealKinetic's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
If you provide feedback, ideas, or suggestions about our Services ("Feedback"), you grant DealKinetic an irrevocable, non-exclusive, royalty-free, fully-paid, worldwide license to use, reproduce, modify, publish, distribute, and otherwise exploit the Feedback for any purpose.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DEALKINETIC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DEALKINETIC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR THE CONTENT AVAILABLE THROUGH THE SERVICES.
IN NO EVENT SHALL DEALKINETIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DEALKINETIC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL DEALKINETIC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DEALKINETIC IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify, and hold harmless DealKinetic, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content or use of the Services caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.
We may revise these Terms from time to time. The most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you via email to the email address associated with your account or through the Services. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you must stop using the Services.
These Terms shall be governed by the laws of the State of Michigan, without respect to its conflict of laws principles. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Ann Arbor, Michigan, in accordance with the rules of the American Arbitration Association by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.
These Terms, together with any service agreements you enter into with DealKinetic, constitute the entire agreement between you and DealKinetic concerning the Services and supersede all prior or contemporaneous communications, understandings, or agreements.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of DealKinetic.
You may not assign or transfer these Terms, by operation of law or otherwise, without DealKinetic's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. DealKinetic may freely assign or transfer these Terms without restriction.
If you have any questions about these Terms, please contact us at:
Email: legal@dealkinetic.com