Self-Service Subscription Terms
These Self-Service Subscription Terms (the "Terms") are a binding agreement between Kyntra Labs LLC, a Missouri limited liability company ("Kyntra," "we," "us," or "our"), and the entity that creates an account and subscribes to the Service ("Customer" or "you"). By clicking "I agree," creating an account, or accessing or using the Service, you accept these Terms on behalf of the entity you represent, and you represent that you have authority to bind that entity.
If you do not have authority to bind your organization, or if your organization does not agree to these Terms, do not create an account and do not use the Service.
These Terms apply to self-service subscriptions to the Service. If you have entered into a separately negotiated Master Service Agreement with Kyntra, that agreement controls instead of these Terms.
The Service
License to Use the Service
(a) sell, resell, rent, lease, sublicense, or otherwise transfer the Service to a third party;
(b) use the Service to provide services to third parties (e.g., as a service bureau);
(c) reverse engineer, decompile, disassemble, or attempt to discover the source code of the Service, except to the limited extent permitted by law that cannot be waived by contract;
(d) copy, modify, or create derivative works of the Service;
(e) remove or obscure any proprietary notices in the Service;
(f) interfere with or disrupt the Service, or attempt to gain unauthorized access to the Service or related systems;
(g) use the Service to build or train any product competitive to the Service, or to benchmark the Service;
(h) use the Service in violation of any applicable law, regulation, or third-party right; or
(i) exceed the usage limits of your subscription plan.
Your Data and Salesforce Marketing Cloud
(a) The Service uses third-party large language models (currently provided by Anthropic, PBC) to power AI-assisted features. AI features operate on metadata. Your record-level audience data is not transmitted to AI providers because the Service does not access that data in the first place.
(b) We do not use Your Data — and we contractually require our AI providers not to use Your Data — to train or fine-tune foundation AI models that are made available to other customers.
(c) The Service may build context specific to your tenant (such as learned terminology and business unit conventions) to improve outputs for you over time. This per-tenant context is isolated from other customers.
Fees, Billing, and Subscription
Service Availability and Support
Changes to the Service or Terms
Term, Suspension, and Termination
(a) you breach these Terms or any other agreement with us;
(b) we reasonably believe your use of the Service poses a security or legal risk;
(c) you fail to pay fees when due;
(d) your Salesforce Marketing Cloud subscription is terminated or suspended;
(e) we are required by law or court order to do so; or
(f) we cease offering the Service to customers generally.
(a) your right to use the Service immediately ends;
(b) you remain responsible for all fees accrued before termination;
(c) we may delete Your Data from our systems in accordance with our Data Processing Addendum, subject to a reasonable transition window during which you may export Your Data; and
(d) provisions of these Terms that by their nature should survive termination will survive, including Sections 3.5 (aggregated data), 8 (disclaimer), 9 (liability), 10 (indemnification), 11 (IP), and 13 (miscellaneous).
Warranty Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KYNTRA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. KYNTRA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, OR THAT DEFECTS WILL BE CORRECTED. KYNTRA MAKES NO WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF AI-GENERATED OUTPUTS.
YOU USE THE SERVICE AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO PARTS OF THIS DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability
Indemnification
(a) Your Data, including any allegation that Your Data infringes the rights of, or has caused harm to, a third party;
(b) your breach of these Terms or your violation of applicable law;
(c) your use or misuse of the Service; or
(d) your dispute with any third party, including any of your users or customers.
Intellectual Property
Confidentiality
You may receive information about the Service that is not generally available to the public, including pricing, product roadmap, and technical details (collectively, "Confidential Information"). You agree to keep our Confidential Information confidential and not to disclose it to any third party except as required by law. This obligation continues for two (2) years after termination of your subscription.
Miscellaneous
(a) Informal resolution first. Before initiating arbitration, the party with a dispute must send written notice to the other party describing the dispute in reasonable detail. If the dispute is not resolved within thirty (30) days after that notice, either party may proceed to arbitration as described in this Section 13.4.
(b) Arbitration. Subject to Section 13.4(c), any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service (each, a "Dispute") shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with the AAA Commercial Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator in Kansas City, Missouri. Judgment on the award may be entered in any court of competent jurisdiction.
(c) Exceptions. Notwithstanding Section 13.4(b), either party may seek injunctive or other equitable relief in court (in the state or federal courts located in Cass County, Missouri or, for federal jurisdiction, the U.S. District Court for the Western District of Missouri) to protect its intellectual property rights, confidential information, or rights under Section 2 (License) or Section 12 (Confidentiality), without first proceeding through informal resolution or arbitration. Kyntra may also bring an action in court to collect unpaid fees.
(d) Class action waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND KYNTRA EACH WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MULTIPLE PARTIES OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING.
Contact
Questions about these Terms? Contact us at: