Terms of Service

1. Acceptance of Terms

Welcome to Kineiro, a product of Kineiro LLC. These Terms of Service (“Terms”) govern your access to and use of the Kineiro platform, website, applications, and services (collectively, the “Service” or “Services”). By accessing or using Kineiro, you agree to be bound by these Terms and our Privacy Policy.

If you are using Kineiro on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your agreement to these Terms will be treated as the agreement of the organization.

If you do not agree to these Terms, you may not access or use the Service.

2. Service Description

Kineiro is a social media automation platform that provides intelligent tools for content creation, scheduling, analytics, and management across multiple social media platforms including but not limited to:

• Facebook
• Instagram
• X (formerly Twitter)
• LinkedIn
• YouTube
• TikTok
• Pinterest
• Telegram
• WordPress

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Account Registration

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate
• Maintain the security of your password and account credentials
• Accept all responsibility for activities that occur under your account
• Immediately notify us of any unauthorized use of your account

3.2 Eligibility

You must be at least 16 years old to use Kineiro. If you are under 18, you must have permission from a parent or legal guardian. By using the Service, you represent that you meet these requirements.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason we deem appropriate. You may terminate your account at any time through your account settings.

4. Subscription Plans and Billing

4.1 Pricing

Kineiro offers multiple subscription plans with different features and pricing tiers. Current pricing is available on our website and may be changed at any time with reasonable notice.

4.2 Payment Terms

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law or as explicitly stated
• You authorize us to charge your payment method on a recurring basis
• You are responsible for all applicable taxes (sales, use, VAT, GST, etc.)

4.3 Free Trial

We may offer a 14-day free trial for new users. After the trial period, your subscription will automatically convert to a paid plan unless cancelled. No credit card is required to start the trial, but payment information must be provided before the trial ends to continue service.

4.4 Subscription Changes

You may upgrade or downgrade your subscription plan at any time. Changes take effect immediately for upgrades or at the next billing cycle for downgrades.

4.5 Cancellation

You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. You will retain access to paid features until the end of your billing period.

4.6 Refund Policy

Annual subscriptions may be eligible for a pro-rata refund within 30 days of purchase if you are not satisfied with the Service. Monthly subscriptions are non-refundable. Contact our support team to request a refund.

5. Acceptable Use Policy

5.1 Permitted Use

You may use Kineiro for lawful business and personal purposes in accordance with these Terms and all applicable laws and regulations.

5.2 Prohibited Activities

You agree NOT to use the Service to:

• Violate any laws, regulations, or third-party rights
• Post or distribute spam, unsolicited messages, or automated excessive content
• Engage in fraudulent, deceptive, or misleading practices
• Harass, abuse, threaten, or intimidate others
• Post content that is hateful, violent, discriminatory, or obscene
• Infringe on intellectual property rights or violate copyrights
• Distribute malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Scrape, mine, or harvest data from the Service without permission
• Reverse engineer, decompile, or disassemble the Service
• Use the Service to compete with us or develop competing products
• Violate the terms of service of connected social media platforms
• Use automated systems to artificially inflate engagement metrics
• Impersonate others or misrepresent your affiliation

5.3 Consequences of Violations

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account, removal of content, legal action, and reporting to relevant authorities.

6. Content and Intellectual Property

6.1 Your Content

You retain all ownership rights to the content you create, upload, or schedule through Kineiro (“Your Content”). By using the Service, you grant us a limited, worldwide, non-exclusive, royalty-free license to:

• Store, process, and transmit Your Content
• Display Your Content as necessary to provide the Service
• Use Your Content to improve our platform and services (in aggregated and anonymized form)
• Publish Your Content to your connected social media accounts as you direct

6.2 Content Responsibility

You are solely responsible for Your Content and the consequences of posting or publishing it. You represent and warrant that:

• You own or have the necessary rights to Your Content
• Your Content does not violate any third-party rights or applicable laws
• Your Content does not contain harmful or malicious code
• You have obtained all necessary permissions, licenses, and consents

6.3 Our Intellectual Property

The Service and all related technology, software, designs, trademarks, and content provided by Kineiro are owned by us or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

6.4 Platform-Assisted Content

Content created with assistance from our platform tools is provided to you for your use. While we grant you ownership of platform-assisted content created through your use of the Service, we cannot guarantee that such content is free from third-party rights claims. You should review and modify all content before publication.

6.5 DMCA and Copyright

We respect intellectual property rights and expect users to do the same. If you believe your copyright has been infringed, please contact us at [email protected] with:

• Identification of the copyrighted work
• Identification of the infringing material
• Your contact information
• A statement of good faith belief
• A statement under penalty of perjury
• Your physical or electronic signature

7. Third-Party Services and Integrations

7.1 Social Media Platforms

Kineiro integrates with third-party social media platforms. Your use of these integrations is subject to both these Terms and the terms of service of the respective platforms. You are responsible for complying with all applicable third-party terms.

7.2 Third-Party Content

The Service may display or link to third-party content, websites, or services. We do not endorse, control, or assume responsibility for any third-party content or services. Your use of third-party services is at your own risk.

7.3 API Access

Some subscription plans include API access. API usage is subject to rate limits and additional terms. Unauthorized or excessive API use may result in throttling or suspension.

7.4 Platform Changes and Availability

Social media platforms may change their APIs, terms, or features at any time. We are not liable for any disruption to the Service caused by third-party platform changes. We will make reasonable efforts to adapt to platform changes.

8. Data and Privacy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

8.1 Data Security

We implement industry-standard security measures to protect your data. However, no method of transmission or storage is completely secure. You acknowledge that you provide information at your own risk.

8.2 Data Backup

While we perform regular backups, you are responsible for maintaining your own backups of Your Content. We are not liable for any loss or corruption of Your Content.

8.3 Data Portability

You may export Your Content and data at any time through the Service or by contacting our support team.

9. Service Level and Support

9.1 Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. We may perform scheduled maintenance with advance notice when possible.

9.2 Customer Support

Support is provided via email and in-app chat. Response times vary by subscription plan:

• Starter Plan: Email support, 48-hour response time
• Standard Plan: Priority support, 24-hour response time
• Plus Plan: Dedicated account manager, 4-hour response time, SLA guarantee

9.3 Service Level Agreement (SLA)

Plus Plan customers receive a 99.5% uptime SLA. Credits for downtime exceeding this threshold are provided as outlined in your enterprise agreement.

10. Disclaimers and Limitations of Liability

10.1 Service Warranty

THE SERVICE IS 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, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

10.2 Content Creation Disclaimer

Our platform tools provide suggestions and automated content assistance. We do not guarantee the accuracy, reliability, appropriateness, or quality of platform-assisted content. You are responsible for reviewing and approving all content before publication.

10.3 Social Media Performance

We do not guarantee specific results, engagement levels, follower growth, or performance metrics on social media platforms. Results depend on many factors outside our control.

10.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINEIRO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING FROM YOUR ACCESS TO OR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

10.5 Exceptions

Some jurisdictions do not allow certain warranty disclaimers or limitations of liability. In such jurisdictions, the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Kineiro, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of third parties
• Your Content or any content you post through the Service
• Your violation of social media platform terms or applicable laws

12. Dispute Resolution

12.1 Informal Resolution

Before filing any formal claim, you agree to first contact us at[email protected] to attempt to resolve the dispute informally. We will work in good faith to resolve disputes amicably.

12.2 Binding Arbitration

If we cannot resolve a dispute informally within 60 days, any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall take place in [Your Jurisdiction] and be conducted in English.

12.3 Class Action Waiver

You agree to resolve disputes with us only on an individual basis and waive any right to bring claims as a plaintiff or class member in any class, consolidated, or representative action.

12.4 Exceptions

Either party may seek equitable relief in court to prevent infringement of intellectual property rights or to enforce the Acceptable Use Policy.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in [Your Jurisdiction] for any actions not subject to arbitration.

14. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Updating the “Last Updated” date at the top of this document
• Sending email notification for significant changes
• Displaying an in-app notice

Your continued use of the Service after changes become effective constitutes acceptance of the new Terms. If you do not agree to the changes, you must stop using the Service and cancel your account.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and Kineiro.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or governmental actions.

15.6 Export Compliance

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to U.S. embargo or designated as a “terrorist supporting” country.

15.7 Survival

Provisions that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnification, and limitations of liability.

17. SMS and Communications

17.1 SMS Messaging Consent

By providing your phone number and opting in to receive SMS communications, you consent to receive text messages from Kineiro LLC. You may receive account alerts, service updates, and promotional offers via SMS.

17.2 Types of SMS Messages

Text messages sent from Kineiro LLC (+1 307 216 2034) may include:

• Account alerts and notifications
• Service updates and announcements
• Customer care and support communications
• Promotional offers (with your explicit consent)

17.3 Message Frequency and Rates

Message frequency varies based on your account activity and preferences. Message and data rates may apply as determined by your mobile carrier. Standard messaging rates from your carrier will apply to all SMS communications.

17.4 Opt-Out and Support

You can manage your SMS preferences at any time:

• Unsubscribe: Reply STOP to any SMS message to unsubscribe from text messages at any time
• Help: Reply HELP for assistance or contact us at +1 307 216 2034 or [email protected]
• Not Required: Consent to receive SMS is not a condition of purchase. You may use our services without opting in to SMS communications

17.5 Privacy and Data Protection

Mobile opt-in information is never shared with third parties for any purpose. Your phone number and SMS consent preferences are protected under our data protection policies. For complete details on how we handle your SMS data, please refer to Section 17 of our Privacy Policy.

18. Contact Information

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