Terms of Service
Last updated
These terms are the agreement between you and QParticle LLC, doing business as Kyndir, for the use of kyndir.com and the Kyndir application. They are short because the product is simple: Kyndir drafts, you send. If you do not agree to them, do not use the Service.
01The Service
Kyndir is a nurture agent for business brokers and M&A advisors. You connect an inbox, describe your firm, and choose how far back to look. Kyndir finds the seller leads who went quiet and drafts a follow-up for each one, with the history of the conversation. Drafts are saved to your Drafts folder. Nothing is sent unless you click Send on a draft.
Our Privacy Policy explains what data Kyndir accesses and how it is used. It is part of these terms.
02Your account
- You must be at least 18 and using the Service for business purposes.
- You are responsible for keeping your login secure and for everything done under your account.
- You confirm that you have the authority to connect the mailbox, calendar, and CRM accounts you connect, and that doing so does not break any agreement you have with your firm or your contacts.
- If you connect a firm account, you confirm that the firm has authorized you to accept these terms on its behalf.
03Drafts and AI output
Kyndir drafts are produced by artificial intelligence from the content of your conversations. They are suggestions. They can contain errors, misread a thread, or state something you would not say. You agree to review every draft before you send it, and you are responsible for every email you send, including its accuracy and its compliance with the laws that apply to you, such as anti-spam laws and the rules of your profession.
Kyndir never sends on its own. The one way an email leaves is your click on Send for a draft you are looking at, which sends that draft once from your own mailbox. Scans, the chat assistant, and automatic drafting only save drafts.
Kyndir does not give legal, tax, financial, or valuation advice. A draft that mentions a number or a date repeats what was in your conversations; it is not a recommendation.
04Acceptable use
You agree not to:
- Use the Service to send unsolicited bulk email, or to contact anyone who has asked not to be contacted.
- Connect a mailbox you do not have the right to use.
- Reverse engineer the Service, scrape it, or use it to build a competing product.
- Interfere with the Service or try to get around its limits or security.
- Use the Service in a way that breaks the terms of Google, Microsoft, or any other provider you connect.
05Design partners, fees, and term
Kyndir is currently offered through a design-partner program. The commercial terms for each design partner, including the free period, pricing after it, and the number of users, are set out in the order or email we agree with you (the “Order”). If the Order and these terms conflict, the Order wins.
- Free period. Design partners use Kyndir free for 90 days from the date access is granted, unless the Order says otherwise.
- Grandfathered terms. The commercial terms you agree to as a design partner stay in force for as long as you remain a client without interruption. We will not raise your price or remove features from your plan while that is true.
- Usage and payment. Kyndir meters work in credits. Each firm receives a monthly allowance that resets at the start of every month, and credits you purchase roll over. After the free period, fees are billed as stated in the Order.
- Cancelling. You can stop using Kyndir at any time by disconnecting your accounts and emailing us. There is no minimum term unless the Order says so.
06Your data and our software
- Your data stays yours. You own your email, your contacts, your firm description, and the drafts. You give Kyndir a licence to process that data only to provide the Service to you, as described in the Privacy Policy.
- Feedback. Design partners shape the roadmap. If you give us suggestions, we can use them without owing you anything, and without identifying you unless you agree.
- Our software. Kyndir, the Kyndir name, the flame mark, and the software are owned by QParticle LLC. You get a non-exclusive, non-transferable right to use them while these terms are in force.
07No warranty, limited liability
The Service is provided “as is”. We work to keep it accurate and available, and during the design-partner program it will change often. We do not promise that it will be uninterrupted, error-free, or that it will find every quiet lead, and we disclaim all implied warranties, including merchantability and fitness for a particular purpose.
To the fullest extent the law allows, Kyndir is not liable for indirect, incidental, special, or consequential damages, or for lost deals, lost listings, or lost profits. Our total liability to you for any claim is limited to the fees you paid us in the 12 months before the claim, or $100 if you paid nothing.
08Suspension and termination
We can suspend or end your access if you break these terms, if a provider such as Google requires it, or if we shut down the Service. Where we can, we will give you 30 days’ notice. On termination we delete your data on the schedule in the Privacy Policy. Sections 3, 6, 7, and 9 survive termination.
09Governing law and disputes
These terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in New Castle County, Delaware, and you consent to their jurisdiction. Before filing, each side agrees to try to resolve the dispute by email for 30 days.
10Changes to these terms
We may update these terms. If a change reduces your rights or affects a design partner’s grandfathered terms, we will email you at least 30 days before it takes effect. Continued use after that date means you accept the change. The date at the top of this page shows the current version.
11Contact
QParticle LLC, doing business as Kyndir
3960 W. Point Loma Blvd, Ste H354
San Diego, CA 92110, United States
legal@kyndir.com