KAIROS FINANCIAL CRM – TERMS & CONDITIONS

Last Updated: December 3rd, 2025

These Terms & Conditions (“Agreement”) govern all purchases and use of the Kairos CRM platform (“Service”). By accessing or purchasing the Service, You (“Client”, “User”, “Customer”) agree to be legally bound by this Agreement.

1. SERVICE DESCRIPTION

1.1 Upon successful payment, You will receive access credentials to the Kairos CRM platform within 48 hours.
1.2 No guarantees or warranties are made regarding performance, revenue, results, uptime, deliverability, accuracy, or compatibility.
1.3 All services are provided on an AS-IS and AS-AVAILABLE basis.

2. COMPLIANCE & CUSTOMER LIABILITY

2.1 You are solely responsible for all federal, state, and local compliance requirements, including but not limited to:

TCPA

FCC and mobile carrier regulations

CAN-SPAM

A2P/10DLC requirements

2.2 You agree that:

You have legally valid consent for all contacts You upload.

You will honor all STOP/UNSUBSCRIBE requests.

Any fines, fees, lawsuits, or carrier penalties arising from Your actions are 100% Your responsibility.

2.3 Indemnification:
You agree to fully indemnify and hold harmless the Company from any and all claims, penalties, fines, damages, losses, chargebacks, or legal actions relating to Your use of the Service.

3. DELIVERY OF ACCESS

3.1 Credentials will be delivered within 48 hours of payment.
3.2 Minor delays do not constitute failure of delivery and do not qualify for refunds or disputes.

4. BILLING, PAYMENTS & NO-REFUND POLICY

4.1 All payments are final and non-refundable under all circumstances.
4.2 By purchasing the Service, You irrevocably agree:

Not to dispute, reverse, or charge back any payment.

That dissatisfaction, non-use, performance issues, or technical issues do not constitute grounds for refunds.

4.3 Any chargeback attempt is considered a breach of this Agreement and may lead to:

Immediate termination

Collection agency involvement

Legal fees and damages pursued to the fullest extent permitted

5. CANCELLATION POLICY

5.1 You may cancel anytime with 30 days advance written notice.
5.2 You remain responsible for all charges incurred within that 30-day period.
5.3 No partial or prorated refunds are issued.

6. NO MINIMUM TERM

There is no minimum required term of service, but all payments remain non-refundable, and cancellations still require a 30-day notice.

7. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

7.1 The Company is not liable for any direct, indirect, special, incidental, punitive, or consequential damages.
7.2 Total liability for any claim shall not exceed the amount paid by You in the 30 days preceding the claim.
7.3 You understand and accept that software outages, downtime, carrier filtering, SMS failures, or technical issues may occur, and such events do not entitle You to refunds or legal claims.

8. DATA RESPONSIBILITY

8.1 You retain ownership of Your uploaded data.
8.2 You are responsible for backing up Your own data. The Company is not liable for data loss.
8.3 Data may be processed by third-party integrations or vendors.

9. PRIVACY POLICY

9.1 We collect only the data necessary to operate the Service.
9.2 We do not sell or rent data.
9.3 Data may be shared with service providers or law enforcement.
9.4 No data transmission is 100% secure, and You accept all associated risks.

🚨 10. MANDATORY BINDING ARBITRATION (NO LAWSUITS ALLOWED)

10.1 You agree that ANY and ALL disputes, claims, or controversies arising out of or relating to this Agreement, the Service, billing, refunds, performance, or interpretation SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION.

10.2 Arbitration shall be conducted by:
American Arbitration Association (AAA)
under its Commercial Arbitration Rules.

10.3 The arbitration will take place in Pinellas County, Florida, unless mutually agreed otherwise.

10.4 Costs of arbitration shall be shared by both parties unless otherwise required by law.
10.5 Each party shall pay its own attorney’s fees.

🚨 11. WAIVER OF CLASS ACTIONS & JURY TRIALS

11.1 You agree that ALL disputes must be brought individually. No class actions, class arbitrations, collective actions, or representative actions are permitted.

11.2 You hereby knowingly and voluntarily waive any right to a trial by jury.

11.3 YOU MAY NOT SUE THE COMPANY IN ANY COURT.

Arbitration is the exclusive method of resolving disputes.

12. GOVERNING LAW & VENUE

This Agreement is governed exclusively by the laws of the State of Florida, without regard to conflict-of-law principles.

All disputes shall be arbitrated in Pinellas County, Florida.

13. TERMINATION

We may immediately suspend or terminate access for:

Chargebacks

Non-payment

Illegal activities

Spam or TCPA violations

Abuse of the platform

Threats, harassment, or fraudulent activity

No refunds will be issued.

14. MODIFICATIONS

We may update these Terms at any time. Continued use of the Service constitutes acceptance of revised Terms.

15. ENTIRE AGREEMENT

This document is the full and exclusive Agreement between the parties.

16. ACCEPTANCE

By purchasing or using the Service, You confirm and agree that:

✔ You have read this Agreement.
✔ You accept all liability protections, disclaimers, and limitations.
✔ You accept the NO REFUNDS policy.
✔ You waive all rights to sue.
✔ You agree to mandatory binding arbitration.
✔ You waive any right to class action.
✔ You waive any right to a jury trial.
✔ You are legally bound by this Agreement.