Terms of Service

Last Updated: October 25, 2025

These Terms of Service govern your use of Kinetically AI services, operated by Lab 1113, LLC. By accessing or using our services, you agree to be bound by these terms.

1. Definitions

"Company," "we," "us," or "our" refers to Lab 1113, LLC, doing business as Kinetically AI.

"Services" refers to all AI automation services, voice AI agents, lead capture systems, workflow automations, and related services provided by Kinetically AI.

"Client," "you," or "your" refers to the individual or business entity accessing or using our Services.

"Agreement" refers to these Terms of Service and any applicable service agreements.

2. Acceptance of Terms

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of the Services after changes are posted constitutes acceptance of the modified Terms.

3. Services Description

Kinetically AI provides:

  • Voice AI agents for phone call handling and customer communication
  • Lead capture and follow-up automation systems
  • Customer re-engagement and retention campaigns
  • AI audits and automation strategy consulting
  • Custom workflow automations and integrations

Specific services, features, and capabilities will be detailed in individual service agreements or statements of work.

4. Client Responsibilities

As a Client, you agree to:

  • Provide accurate and complete information necessary for service delivery
  • Maintain the confidentiality of any account credentials or access information
  • Use the Services in compliance with all applicable laws and regulations
  • Not use the Services for any illegal, harmful, or fraudulent purposes
  • Not attempt to reverse engineer, decompile, or discover the source code of our Services
  • Ensure compliance with telephone consumer protection laws (TCPA) and data privacy regulations when using voice AI services
  • Obtain necessary consents from your customers for automated communications

5. Fees and Payment

Service fees will be specified in individual proposals or service agreements. Unless otherwise stated:

  • Fees are due as specified in your service agreement
  • All fees are in U.S. Dollars (USD)
  • Late payments may incur additional fees or result in service suspension
  • Fees are non-refundable except as required by law or as specified in your service agreement
  • We reserve the right to modify pricing with 30 days' notice

6. Service Level and Availability

We strive to provide reliable, high-quality services. However, we do not guarantee uninterrupted or error-free service. The Services are provided "as is" and "as available."

We may perform scheduled maintenance and updates, which may temporarily affect service availability. We will provide reasonable notice of scheduled maintenance when possible.

7. Intellectual Property

All software, technology, designs, documentation, and materials provided by Kinetically AI remain the exclusive property of Lab 1113, LLC and its licensors.

You retain ownership of your business data, customer information, and content provided to us. By using our Services, you grant us a limited license to use this information solely for the purpose of providing the Services.

Upon termination of services, we will return or destroy your data as specified in your service agreement and our Privacy Policy.

8. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information disclosed during the course of the business relationship. This includes business strategies, customer data, pricing information, and technical implementations. Confidential information may be disclosed only as required by law or with written consent.

9. Limitation of Liability

To the maximum extent permitted by law, Lab 1113, LLC shall not be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Service interruptions or technical failures
  • Actions or inactions of third-party services or integrations
  • Any damages resulting from your use or inability to use the Services

Our total liability for any claim arising out of or relating to these Terms or the Services shall not exceed the amounts paid by you to us in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless Lab 1113, LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any law or regulation; or (d) your violation of any rights of a third party.

11. Term and Termination

Unless otherwise specified in your service agreement:

  • Services continue until terminated by either party
  • Either party may terminate with written notice as specified in the service agreement
  • We may suspend or terminate Services immediately for breach of these Terms
  • Upon termination, you remain responsible for any outstanding fees
  • Provisions regarding confidentiality, intellectual property, and limitation of liability survive termination

12. Third-Party Services

Our Services may integrate with or rely upon third-party platforms, tools, and services. We are not responsible for the availability, functionality, or terms of service of any third-party providers. Your use of third-party services is subject to their respective terms and privacy policies.

13. Warranties and Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Services will meet your specific requirements, achieve any particular results, or be error-free, secure, or uninterrupted.

14. Compliance with Laws

You are responsible for ensuring your use of our Services complies with all applicable laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and any industry-specific regulations applicable to your business.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, or through the courts located in Ohio, as we may elect.

16. Entire Agreement

These Terms, together with any applicable service agreements, constitute the entire agreement between you and Lab 1113, LLC regarding the Services and supersede all prior agreements, representations, and understandings.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

18. Contact Information

For questions about these Terms of Service, please contact us:

Lab 1113, LLC

d/b/a Kinetically AI

Email: [email protected]