Terms of Service

These Terms of Service ("Terms") govern your access to and use of the product intelligence platform available at kilnhq.co and any related websites, applications, APIs, and services (collectively, the "Service") provided by Kiln ("Kiln", "we", "us", or "our").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" and "Customer" refer to that organisation. If you do not agree to these Terms, do not use the Service.

Defined terms used in these Terms have the following meanings. "Authorized Users" are individuals Customer invites to use the Service under Customer's account. "Customer Data" means content and data Customer or its Authorized Users upload, connect, or otherwise provide to the Service.

To use the Service you must be at least 16 years old and capable of entering into a binding contract. The Service is intended for business use.

• You must provide accurate, current, and complete information when creating an account and keep it up to date.
• Each human must use their own account. Sharing credentials between individuals is not permitted.
• You are responsible for safeguarding your password and for all activity that occurs under your account.
• You are responsible for the actions of your Authorized Users and for ensuring they comply with these Terms.
• Notify us promptly at hello@kilnhq.co of any unauthorised use of your account or any suspected security incident.

The Service is currently offered in a beta / early-access form. You acknowledge that:

• Features may be added, changed, deprecated, or removed at any time without notice.
• The Service may contain bugs, errors, and incomplete functionality, and may experience outages or data interruptions.
• No service-level agreement (SLA), uptime guarantee, or warranty of availability applies during the beta period.
• The Service is provided on an "AS IS" and "AS AVAILABLE" basis during beta.

We may end the beta period or transition the Service to general availability at any time. We will give reasonable notice before making material commercial changes that affect active paid accounts.

As between Customer and Kiln, Customer retains all right, title, and interest in and to Customer Data, including transcripts, support-ticket content, customer metadata, and any other content Customer uploads or connects to the Service.

Customer grants Kiln a limited, non-exclusive, worldwide, royalty-free licence to host, copy, transmit, process, display, and otherwise use Customer Data solely to operate the Service for Customer and to perform Kiln's obligations under these Terms.

We do not use Customer Data to train any general-purpose or third-party AI models. Our AI sub-processor agreements prohibit Customer Data from being used for model training.

Customer represents and warrants that: (a) Customer has all rights, consents, and permissions necessary to upload Customer Data to the Service and to authorise Kiln's processing of it; (b) Customer's use of the Service with such data complies with all applicable laws, including data-protection, privacy, and recording-consent laws in the jurisdictions where the underlying individuals are located; and (c) Customer Data does not infringe the intellectual property, privacy, or other rights of any third party.

The Service uses large language models and other machine-learning systems to produce signals, themes, summaries, recommendations, and other outputs from Customer Data (collectively, "AI Output"). AI Output is generated probabilistically and:

• May be inaccurate, incomplete, out of date, or internally inconsistent.
• May misattribute statements, miscount signals, or fail to detect relevant content.
• Should not be relied on as the sole basis for any product, commercial, legal, medical, or personnel decision.

Customer is responsible for reviewing and validating AI Output before acting on it. Kiln disclaims all liability for decisions made in reliance on AI Output without independent review. Kiln makes no representation that AI Output is accurate, complete, or fit for any particular purpose.

Customer and its Authorized Users will not, and will not permit any third party to:

• Use the Service to store, transmit, or process any content that is unlawful, infringing, defamatory, harassing, obscene, or that violates any third-party right;
• Upload Customer Data that Customer does not have the legal right to upload, including recordings made without required consent;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, models, or underlying algorithms of the Service, except to the extent expressly permitted by applicable law;
• Scrape, crawl, or use automated means to access the Service other than through documented APIs within published rate limits;
• Probe, attack, or attempt to circumvent any security, authentication, or access-control mechanism of the Service;
• Upload viruses, malware, or other harmful code, or use the Service to distribute the same;
• Use the Service to build or train a competing product, service, or machine-learning model;
• Resell, sublicense, or provide the Service to third parties as a managed service without our written consent;
• Use the Service in violation of any applicable law or regulation, including export-control and sanctions laws.

We may investigate suspected violations and, at our discretion, suspend or terminate accounts, remove offending content, or cooperate with lawful requests from authorities.

Access to paid plans of the Service is subject to the fees and billing terms specified on our pricing page or in an applicable order form. Unless otherwise stated:

• Subscription term — Subscriptions are billed in advance on a monthly or annual basis, as selected at checkout, and automatically renew for successive terms of equal length unless cancelled before the then-current term ends.
• Cancellation — Customer may cancel renewal at any time through the account settings; cancellation takes effect at the end of the current billing period.
• Payment — Fees are payable in US dollars via the payment methods we accept. Customer authorises us (and our payment processor) to charge the designated payment method for all fees when due.
• Taxes — Fees are exclusive of all taxes, duties, levies, and similar charges. Customer is responsible for any applicable sales, use, VAT, GST, withholding, or similar taxes other than taxes on Kiln's net income.
• Late payment — Overdue amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. We may suspend the Service if payment is more than 15 days overdue, after giving notice to the billing contact.
• Price changes — We may change fees for a subscription with at least 30 days' written notice; changes take effect at the start of the next renewal term.

Fees are non-refundable except as expressly set out in these Terms or as required by applicable law. We do not provide refunds or credits for partial billing periods, unused features, or periods during which Customer chose not to use the Service.

If the Service experiences a continuous unplanned outage of more than 72 hours during a paid billing period, Kiln may, at its discretion, issue a prorated service credit for the affected period. This is Customer's sole and exclusive remedy for Service unavailability.

Kiln owns and retains all right, title, and interest in and to the Service, including the underlying software, models, prompts, user interface, documentation, branding, and all improvements and derivatives thereof. Except for the limited right to use the Service granted under these Terms, no rights are granted to Customer by implication, estoppel, or otherwise.

Customer owns Customer Data and, subject to these Terms, owns AI Output generated from Customer Data for Customer's internal business use. Kiln retains ownership of the underlying Service, models, and any aggregated, de-identified statistics that do not identify Customer or any individual.

If Customer provides feedback, suggestions, or ideas regarding the Service ("Feedback"), Customer grants Kiln a perpetual, irrevocable, royalty-free, worldwide licence to use and incorporate Feedback into the Service without obligation or attribution.

The Service supports optional integrations with third-party services such as Intercom, HubSpot, Salesforce, Zoom, Notion, GitHub, and Google. By connecting a third-party service, Customer authorises Kiln to access and process data from that service on Customer's behalf, subject to the permissions Customer grants.

Third-party services are provided by their respective operators under their own terms and privacy policies. Kiln does not control and is not responsible for the availability, accuracy, security, or legal compliance of any third-party service. Customer's use of any third-party service is at Customer's own risk and is governed by the agreement between Customer and that third party.

"Confidential Information" means non-public information disclosed by one party (the "disclosing party") to the other (the "receiving party") that is marked or reasonably understood to be confidential. Customer Data is Customer's Confidential Information. The Service's non-public features, pricing, and technical details are Kiln's Confidential Information.

The receiving party will (a) use Confidential Information only to perform under these Terms, (b) protect it with at least the same degree of care it uses for its own confidential information of like kind (and no less than reasonable care), and (c) not disclose it to any third party except to employees, contractors, or sub-processors bound by confidentiality obligations at least as protective as those in these Terms.

Confidential Information does not include information that is or becomes publicly available through no fault of the receiving party, was known to the receiving party without obligation before disclosure, is rightfully received from a third party without restriction, or is independently developed without use of the disclosing party's Confidential Information. Confidentiality obligations survive termination for three (3) years.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, KILN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, KILN DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT AI OUTPUT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL KILN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF KILN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

KILN'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY CUSTOMER TO KILN FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.

The limitations in this section apply to the maximum extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions Kiln's liability is limited to the smallest extent permitted by law.

Customer will defend, indemnify, and hold harmless Kiln and its officers, employees, and agents from and against any third-party claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer Data, including any claim that Customer Data infringes or misappropriates any third-party right or violates applicable law; (b) Customer's or its Authorized Users' breach of these Terms; or (c) Customer's violation of applicable law in connection with the Service.

Kiln will promptly notify Customer of any such claim, give Customer sole control of the defence and settlement (provided that any settlement requiring admission of liability or payment by Kiln requires Kiln's prior written consent), and cooperate reasonably at Customer's expense.

These Terms begin when Customer first accesses the Service and continue until terminated.

• Termination for convenience — Either party may terminate these Terms on 30 days' written notice. Customer may close its account at any time through account settings; fees already paid are non-refundable except as set out in Section 8.
• Termination for cause — Either party may terminate immediately if the other materially breaches these Terms and fails to cure the breach within 15 days of written notice. Kiln may suspend or terminate the Service immediately for non-payment, violations of Section 6 (Acceptable Use), or where required to comply with law.
• Effect of termination — Upon termination, Customer's right to access the Service ends. Customer Data will be deleted within 30 days of termination, except where retention is required by law. On request before deletion, Kiln will make Customer Data available for export in a commercially reasonable format.
• Survival — Sections covering Customer Data ownership, intellectual property, confidentiality, warranties, limitation of liability, indemnification, governing law, and any accrued payment obligations survive termination.

These Terms are governed by and construed in accordance with the laws of the State of Delaware, USA, excluding its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware, USA for any dispute arising out of or relating to these Terms or the Service, and waive any objection to such venue.

We may update these Terms from time to time. If we make material changes, we will notify Customer by email (to the address associated with the account) or by a prominent notice within the Service at least 30 days before the changes take effect. Non-material changes take effect upon posting.

Customer's continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If Customer does not agree, Customer must stop using the Service before the effective date.

• Entire agreement — These Terms, together with the Privacy Policy and any order form, constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous agreements on the subject.
• Severability — If any provision is held unenforceable, the remaining provisions remain in effect and the unenforceable provision is modified to the minimum extent necessary to make it enforceable.
• No waiver — Failure to enforce any provision is not a waiver of the right to enforce it later.
• Assignment — Customer may not assign these Terms without Kiln's prior written consent. Kiln may assign these Terms without consent in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of its assets.
• Force majeure — Neither party is liable for delay or failure in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labour disputes, internet or utility outages, or governmental action.
• Independent contractors — The parties are independent contractors. These Terms do not create any partnership, joint venture, agency, or employment relationship.
• Notices — Legal notices to Kiln must be sent to hello@kilnhq.co. Notices to Customer are sent to the email address associated with the account.

If you have questions about these Terms, please contact us at:

Kiln
hello@kilnhq.co
kilnhq.co