1. Parties & Agreement
These Terms of Service ("Agreement") are entered into between:
K.I.N.D, a trading name of K.I.N.D Technologies Ltd, a company registered in England and Wales (company number 17260532) ("K.I.N.D", "we", "us", "our")
and the individual or entity that creates an account or signs an Order Form ("Client", "you", "your").
By creating an account, starting a free trial, signing an Order Form, or using any K.I.N.D service, you agree to be bound by this Agreement in full. If you are entering this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.
By signing the Order Form, you confirm that you have read, understood, and agree to these Terms of Service, our Privacy Policy, and any service-specific terms referenced in your Order Form. No separate signature of these documents is required.
2. Services
K.I.N.D provides the following AI-powered services:
K.I.N.D AI — Lead Gen Pro
An AI-powered lead generation service that sources B2B contacts matching your Ideal Customer Profile (ICP), sends a 3-sequence personalised outreach email campaign on your behalf, and delivers qualified leads (defined in Section 5) to your dashboard. Credits are consumed per qualified lead delivered.
FIGSY — Lead Gen Advanced
All features of K.I.N.D AI, plus an autonomous AI SDR (FIGSY) that reads and responds to prospect replies, manages objections, continues the conversation, and books meetings directly into your calendar.
Additional Services
K.I.N.D may offer additional products including Virtual Assistant and Chatbot Agent. These are subject to separate order forms and pricing at the time of activation.
K.I.N.D reserves the right to modify, update, or discontinue any service with 30 days' written notice to active clients.
3. Free Trial
New clients receive a 14-day free trial commencing on the date of account creation. During the trial:
- You have access to the full K.I.N.D platform
- No payment is required
- An Order Form is auto-generated and must be signed before the trial ends to continue service
- If the Order Form is not signed and payment not made by day 14, access is suspended
The trial period is offered once per client. Creating multiple accounts to extend trial access is a breach of this Agreement and may result in permanent suspension.
4. Credits & Billing
Credit System
K.I.N.D operates on a prepaid credit model. Credits are purchased in bundles and consumed only when a qualified lead is delivered (as defined in Section 5).
- K.I.N.D AI — Lead Gen Pro: $1 per credit. Bundles from $20 (20 credits).
- FIGSY — Lead Gen Advanced: $3 per credit. Bundles from $60 (20 credits).
- Credits are purchased in bundles of 20 and can be topped up at any time.
- Credits do not expire provided your account remains active.
Top-Up
Credits can be topped up manually at any time via the Billing page in your dashboard. Automatic top-up is available and can be configured in your billing settings. If auto top-up is disabled and credits reach zero, outreach pauses until credits are added. K.I.N.D is not liable for missed opportunities during a zero-credit period.
No Refunds
All credit purchases are non-refundable. Unused credits at the time of cancellation or account termination are forfeited. No credits are refunded on downgrade.
Taxes
All prices are exclusive of applicable taxes. You are responsible for any taxes applicable in your jurisdiction.
Suspension for Non-Payment
If a payment fails or a top-up is not completed within 7 days of the credit balance reaching zero, K.I.N.D reserves the right to suspend outreach services. Account data is retained for 90 days following suspension.
5. What Constitutes a Qualified Lead
A qualified lead is defined as a net-new prospect matching your Ideal Customer Profile (ICP) that is delivered to your dashboard with a verified, contactable email address, with opt-out and consent screening applied, and that is not already present in your connected CRM. A credit is consumed when such a lead is delivered. Leads for which no contactable email address can be verified are not delivered and are not charged.
The following do not consume a credit:
- No response to all 3 emails in the sequence
- A negative reply ("not interested", "remove me", "no thank you", or similar)
- An automated out-of-office reply
- A click on the unsubscribe link
One credit is consumed per qualified lead, regardless of subsequent engagement. If a qualified lead later goes cold or does not convert to a meeting, the credit is not refunded.
K.I.N.D makes no guarantee regarding conversion rates, meeting bookings, or sales outcomes resulting from qualified leads, except as expressly and solely set out in Section 5A (90-Day Pipeline Guarantee) below.
5A. 90-Day Pipeline Guarantee
The 90-Day Pipeline Guarantee is a limited, conditional refund commitment. It is the sole and exclusive outcome-based assurance K.I.N.D offers, and it applies only to the FIGSY outreach service and only where every condition below is met.
What we guarantee
If, during your first 90 consecutive days of active FIGSY outreach, FIGSY books zero qualified meetings for you, you may claim a refund of the amounts you paid for FIGSY outreach credits consumed during that period.
What counts as a "qualified meeting"
A qualified meeting is a calendar event created through FIGSY's booking flow, scheduled with a prospect into the calendar you connected to the platform, that was not cancelled by the prospect before its scheduled start time. The determination is made automatically by the system from the booking record.
- A prospect who books and then does not attend ("no-show") still counts as a qualified meeting — FIGSY delivered the booking. No-shows are not grounds for a claim.
- A prospect who cancels before the start time does not count toward the meeting tally.
- Meetings you arrange manually, outside FIGSY's booking flow, do not count either for or against the guarantee.
Conditions you must meet
The guarantee applies only if, for the full 90-day period, you:
- kept at least one FIGSY campaign active and unpaused throughout (excluding short pauses initiated by K.I.N.D);
- enrolled at least 100 net-new prospects into active FIGSY campaigns (so FIGSY has a fair sample to work from);
- provided a valid, workable Ideal Customer Profile and kept a working calendar connected for booking;
- did not block, disable, or materially restrict FIGSY's sending (e.g. by revoking the sending mailbox); and
- were not in breach of these Terms or suspended for non-payment during the period.
How the refund works
- The refund covers only amounts paid for FIGSY outreach credits consumed in the 90-day period. It does not cover Lead Gen qualified-lead credits (a delivered service), Milla or Vida subscriptions, taxes, or third-party costs.
- The refund is issued to your original payment method, or as account credit at your election.
- You must claim in writing to hello@get-kind.com within 14 days of the 90-day period ending.
- One claim per client. The guarantee applies to your first 90-day period only and is not available on renewal or repurchase.
This guarantee does not limit or replace any non-waivable rights you may have under applicable consumer-protection law. Save for this clause, the disclaimers in Section 10 apply in full.
6. Cancellation & Downgrade
Cancellation
You may cancel your subscription at any time via the Billing page in your dashboard or by emailing hello@get-kind.com. Cancellation takes effect immediately. No refund is issued for unused credits. Your account data is retained for 90 days following cancellation.
Downgrade
You may downgrade from FIGSY Advanced to K.I.N.D AI at any time. No credits are refunded upon downgrade. Any credits previously purchased at the FIGSY Advanced rate ($3/credit) remain in your account and will be consumed at the K.I.N.D AI rate going forward.
Upgrade
You may upgrade from K.I.N.D AI to FIGSY Advanced at any time. Remaining credits carry over. The new per-credit rate applies to all credits purchased after the upgrade date.
7. Client Obligations
By using K.I.N.D services, you agree to:
- Provide accurate ICP information and a legitimate business email sending domain
- Ensure that your intended outreach targets are B2B contacts and that your use of K.I.N.D complies with all applicable laws in your jurisdiction
- Not use K.I.N.D to send spam, harass individuals, or contact persons on legally mandated do-not-contact lists
- Not use K.I.N.D for any unlawful purpose including but not limited to fraud, phishing, or impersonation
- Keep your account credentials secure and notify us immediately of any unauthorised access
- Not resell, sublicense, or white-label K.I.N.D services without written permission
K.I.N.D reserves the right to suspend or terminate accounts that breach these obligations without notice and without refund.
8. Data, Privacy & Compliance
Data We Process
K.I.N.D processes personal data of your prospects (name, email, job title, company, LinkedIn URL) sourced from Apollo.io's database of 250M+ verified B2B contacts. This data is used solely to run outreach campaigns on your behalf.
Consent & Opt-Out
Every outreach email sent by K.I.N.D includes an unsubscribe link. Any prospect who clicks the unsubscribe link, or replies requesting removal, is immediately added to a permanent opt-out blocklist. Opted-out contacts are never contacted again by any K.I.N.D client.
POPIA (South Africa)
K.I.N.D operates in compliance with the Protection of Personal Information Act (POPIA). The 3-sequence outreach model constitutes a legitimate interest basis for initial contact. Opt-outs are honoured immediately and permanently.
GDPR (European Union & UK)
For clients targeting EU or UK-based prospects, outreach is conducted on a legitimate interest basis under GDPR Article 6(1)(f). Opt-outs are treated as withdrawal of consent and actioned immediately.
CAN-SPAM (United States)
All emails include a physical address, clear identification of the sender, and a functioning opt-out mechanism in compliance with the CAN-SPAM Act.
Data Retention
Prospect data is retained for the duration of your active subscription and for 90 days following cancellation. You may request deletion of your account data at any time by contacting privacy@get-kind.com.
Sub-processors
K.I.N.D uses the following sub-processors: Apollo.io (lead data), Supabase (database — Cape Town, af-south-1), Resend (email delivery), Anthropic (AI email writing), Stripe (payment processing), Railway (application hosting). The current sub-processor list is also maintained in our Data Processing Agreement.
9. Intellectual Property
K.I.N.D retains all intellectual property rights in the platform, software, AI models, and all associated technology. Nothing in this Agreement grants you any ownership rights in the K.I.N.D platform.
You retain ownership of your ICP data, business information, and any content you provide to K.I.N.D. You grant K.I.N.D a limited licence to use this information solely to provide the services described in this Agreement.
Email copy generated by K.I.N.D's AI on your behalf, once delivered as qualified leads, is yours to use in your sales process.
10. Liability & Warranties
No Guarantee of Results
K.I.N.D does not guarantee any specific number of qualified leads, meetings booked, or sales outcomes. Lead generation results vary based on ICP quality, industry, geography, and market conditions. The only exception is the limited, conditional commitment in Section 5A (90-Day Pipeline Guarantee), which applies strictly on its own terms.
Service Availability
K.I.N.D aims for 99% uptime but does not guarantee uninterrupted service. Planned maintenance will be communicated in advance where possible.
Disclaimer of Warranties
The K.I.N.D platform is provided "as is" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Limitation of Liability
K.I.N.D's total aggregate liability to you for any claim arising under or in connection with this Agreement shall not exceed the total amount you paid to K.I.N.D in the three (3) months immediately preceding the event giving rise to the claim.
K.I.N.D shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or loss of business opportunity, even if advised of the possibility of such damages.
11. Termination
Either party may terminate this Agreement at any time. K.I.N.D may terminate immediately and without notice if:
- You breach any material term of this Agreement
- You use the platform for unlawful purposes
- You attempt to reverse-engineer, scrape, or misuse the platform
Upon termination, your access to the platform is suspended immediately. Account data is retained for 90 days and then permanently deleted. No refund of unused credits is made upon termination for breach.
12. Governing Law
This Agreement is governed by and construed in accordance with the laws of England and Wales. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
US Clients — Arbitration Option
Clients whose principal place of business is in the United States may elect, at their sole option, to resolve any dispute arising under this Agreement through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, rather than through the courts of England and Wales. To elect arbitration, the US client must notify K.I.N.D in writing within 30 days of the dispute arising. Arbitration shall be conducted in English, virtually or at a mutually agreed location. The arbitrator's decision shall be final and binding on both parties. Nothing in this clause prevents either party seeking urgent injunctive relief from any court of competent jurisdiction.
If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.
K.I.N.D reserves the right to update these Terms of Service at any time. Updated terms will be posted at get-kind.com/terms with the effective date. Continued use of the platform following notification of updated terms constitutes acceptance.
13. Contact
For any questions regarding these terms, data requests, or legal notices:
K.I.N.D Technologies Ltd
Company number 17260532
Registered office: 33 Townsend Road, Stratford-upon-Avon, CV37 7DE, United Kingdom
hello@get-kind.com