These Terms and Conditions (these "Terms") are a legally binding agreement between Kitbees Inc., a Delaware C Corporation ("Kitbees," "Company," "we," "us," or "our"), and the company, organization, agency, or other legal entity that registers for, accesses, or uses the Services ("Customer," "you," or "your"). If an individual accepts these Terms on behalf of an entity, that individual represents and warrants that they have authority to bind that entity to these Terms.

The "Services" means Kitbees' websites, applications, hosted software, creator discovery tools, creator analytics, campaign workflow tools, affiliate and tracking tools, outreach tools, AI-assisted analysis and creative tools, exports, reports, and related services made available by Kitbees.

1. Acceptance of Terms

1.1 Agreement Structure

These Terms govern your use of the Services and incorporate any applicable order forms, checkout terms, product-specific terms, privacy notices, cookie notices, and other policies referenced by Kitbees. If Customer and Kitbees enter into a signed agreement covering the Services, that agreement controls over these Terms to the extent of a conflict.

If Service limits, pricing, credits, or subscription details appear inconsistent across materials, the following order of precedence applies unless Kitbees expressly states otherwise in writing: (1) a signed order form or signed written agreement; (2) the completed checkout receipt or Stripe billing record for the applicable purchase; (3) the active billing portal or in-app subscription record; (4) the in-app entitlement or usage state; and (5) public pricing, marketing, help-center, or other general materials.

1.2 Binding Acceptance

By accepting these Terms, accepting an order form, completing a checkout, clicking a button such as "Continue," "Register," or "Pay," or by accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If the individual accepting these Terms does so on behalf of a legal entity, that individual represents and warrants that they have full authority to bind that entity. If the individual lacks such authority, or does not agree to these Terms, that individual must not accept these Terms or use the Services.

1.3 Eligibility and Restricted Parties

You may use the Services only if:

you are legally able to enter into a binding contract;
you are not barred from using the Services under applicable law;
you are not located in, organized in, or ordinarily resident in a country, territory, or region subject to comprehensive U.S. sanctions, unless such use is authorized by applicable law; and
neither you nor your Authorized Users are listed on a U.S. government restricted-party list.

Customer is responsible for ensuring that all Authorized Users are at least the age of majority where they reside and are authorized to act for Customer.

1.4 Important Risk Allocation

Important: These Terms contain limitation of liability and disclaimer of warranties provisions in Sections 10 and 11. If you do not agree to these Terms, you must not access or use the Services.

2. Service & Account Registration

2.1 Service Access

Subject to Customer's compliance with these Terms and payment of applicable fees, Kitbees grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the applicable subscription term to allow its Authorized Users to access and use the Services for Customer's internal business purposes related to creator discovery, creator evaluation, campaign planning, campaign execution, campaign tracking, affiliate measurement, outreach, reporting, and creative ideation.

Customer's access rights are limited by the subscription plan, credits, seats, tracked account caps, deliverable caps, feature flags, technical limits, and other restrictions described in the applicable order form, pricing page, or Service interface.

2.2 Service Changes and Availability

Kitbees may modify the Services from time to time, including by adding, changing, or removing features, integrations, limits, workflows, models, or technical requirements. Kitbees shall use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for: (a) planned downtime, for which Kitbees will use reasonable efforts to provide at least 48 hours' advance notice through in-application notifications or email; and (b) any unavailability arising from force majeure, third-party outages, or circumstances outside Kitbees' control.

Kitbees may also make beta, preview, alpha, experimental, or evaluation features available from time to time. Unless otherwise expressly stated in writing, such features are provided "AS IS," may be changed or discontinued at any time, and may not be supported.

2.3 Customer Cooperation

Customer will timely provide the information, approvals, credentials, integrations, and assistance reasonably needed for Kitbees to provide the Services.

2.3a Support

Kitbees shall provide reasonable technical support in accordance with its standard support practices. Kitbees will use reasonable efforts to respond to support inquiries that prevent Customer from accessing the Services within two (2) business days.

Support response targets are operational goals only. They are not guaranteed resolution times, service-level commitments, warranties, service credits, refund rights, or grounds for withholding payment unless a signed order form expressly states otherwise.

2.4 Accounts, Organizations, and Seats

To use certain functionality of the Services, Customer may need to register accounts, create seats, or create organizations. Customer must ensure that all registration and profile information is accurate, complete, and current at all times. Each seat or user login is personal to one Authorized User and may not be shared by multiple people except as expressly permitted by the Service.

Customer is solely responsible for credentials, all activities under its accounts and organizations, user roles and permissions, disabling access when needed, and ensuring that Authorized Users act only on Customer's behalf and in compliance with these Terms.

Customer acknowledges that certain Authorized Users may be able to invite members, remove members, change roles, connect third-party accounts, manage billing, create tracking links, send outreach, and otherwise act with binding effect for Customer within the Services. Customer is responsible for the acts and omissions of its Authorized Users.

If Customer is an agency, reseller, service provider, or other intermediary acting for a client, brand, or other third party, Customer represents and warrants that it has all authority necessary to upload data, connect accounts, send outreach, create tracking links, receive campaign results, and otherwise use the Services on that third party's behalf. Customer remains solely responsible to Kitbees for all use of the Services by or for that third party.

2.5 Account Security and Suspension

You must notify us immediately upon becoming aware of unauthorized access, loss of credentials, or any breach of security involving the Services. Kitbees reserves the right to suspend or terminate any account, seat, organization, or access to the Services if Customer breaches these Terms or if Kitbees reasonably believes such action is necessary to protect the Services, Kitbees, Customer, or third parties.

2.6 Backups and Customer Copies

Kitbees may maintain backups, logs, and operational copies as part of providing the Services. However, Customer is responsible for maintaining its own copies of Customer Data, reports, exports, and campaign records that Customer considers important. Kitbees does not guarantee that there will be no loss, corruption, or unavailability of data.

3. Payments & Subscriptions

3.1 Paid Plans, Trials, and Add-Ons

Certain functionality of the Services may be offered for fees, whether as one-time purchases, recurring subscriptions, plan upgrades, add-ons, usage-based features, or credits. Kitbees may also offer free plans or time-limited trials. Trial availability, duration, included features, credit balances, and restrictions may vary by Customer, plan, or promotion.

Kitbees plans may define seat limits, monthly or periodic credit allowances, feature access, export limits, tracked account caps, campaign limits, email outreach limits, affiliate or tracking capabilities, AI generation limits, support levels, and other operational restrictions. The active plan, pricing page, checkout flow, order form, or Service interface controls the specific limits for Customer's subscription. Kitbees may enforce plan limits automatically and may require Customer to upgrade, purchase additional credits, reduce usage, or wait for the next billing period before continuing a limited workflow.

Unless Kitbees expressly approves otherwise, free trials, promotional credits, signup bonuses, and similar offers are limited to one per Customer, company, organization, domain, payment method, billing identity, beneficial owner, or related account group. Customer must not create duplicate accounts, aliases, organizations, domains, entities, or payment profiles to obtain additional trials, credits, discounts, or promotional benefits. Kitbees may revoke promotional credits, consolidate or suspend related accounts, require payment, or deny future promotions if it reasonably believes Customer is evading these restrictions.

3.2 Fees, Taxes, and Stripe Payment Processing

All fees are exclusive of taxes, duties, levies, and similar governmental assessments, except taxes based on Kitbees' net income. Customer is responsible for all sales, use, value-added, goods and services, withholding, excise, and similar taxes associated with its purchase or use of the Services.

If Customer pays online, Customer may be asked to provide payment and billing information. By proceeding with a purchase, Customer represents and warrants that it has the legal right to use the payment method and that the billing information supplied is true, correct, and complete.

Kitbees uses Stripe and may use related Stripe services to process checkout, subscriptions, saved payment methods, invoices, tax calculations, payment authorization, payment retries, refunds, disputes, fraud checks, and related billing records. Payment card numbers and bank account credentials are processed by Stripe and are not stored directly by Kitbees. Customer's use of Stripe-hosted checkout, billing portals, payment method setup flows, or connected payment features may be subject to Stripe's own terms and privacy notices.

3.3 Recurring Billing and Renewal

If Customer purchases a recurring subscription, Customer authorizes Kitbees and its payment processors to charge the applicable fees, taxes, and other amounts on a recurring basis for each billing period until the subscription is canceled or terminated. Unless otherwise stated in an order form or at checkout, subscriptions renew automatically for successive billing periods. To prevent automatic renewal, Customer must cancel the subscription within the Kitbees platform at least before the end of the current billing period for monthly plans, and at least thirty (30) days before the end of the current billing period for annual plans. Cancellation is effective only when reflected in the Kitbees billing system, Stripe billing record, or a written confirmation from Kitbees, using the timestamp recorded by Kitbees or its payment processor. If Customer does not cancel within the applicable timeframe, the subscription will renew for another term under the same conditions.

3.4 Plan Changes and Fee Changes

Customer may be able to upgrade, downgrade, schedule a plan change, or cancel through the Services or through Kitbees support, subject to the rules of the applicable plan and billing provider. Unless otherwise specified in an order form:

upgrades may take effect immediately or as otherwise described in the Service;
downgrades or cancellations may take effect at the end of the current billing period;
canceling a subscription stops future renewal charges but does not entitle Customer to a refund for the current billing period; and
Customer remains responsible for all fees incurred before the effective date of cancellation or termination.

Kitbees may modify fees for subscriptions or paid features from time to time. Any fee change will become effective no earlier than the next renewal or as otherwise disclosed at purchase. Continued use of the Services after the fee change becomes effective constitutes Customer's agreement to pay the modified fee.

3.5 Credits, Quotas, and Usage-Based Features

Kitbees may use credits, quotas, seats, tracked-account caps, deliverable caps, and similar controls for certain features. Unless otherwise stated, credits are a contractual usage mechanism only, have no cash value, are non-transferable, are not stored-value or currency, and may reset, expire, or refresh by billing period, promotion, or purchase terms.

Subscription plans may include plan credits that refresh on a recurring billing period and are intended for use during that period. Unused plan credits do not roll over unless Kitbees expressly states otherwise in writing or in the Service. Customers may also be able to purchase top-up credits or add-on credit packs. Top-up credits increase the available usage balance for eligible paid features but do not change Customer's subscription tier, seat limits, feature eligibility, or non-credit quotas unless the checkout flow, order form, or Service interface expressly says otherwise.

Unless a checkout flow, order form, or Service interface expressly states a different period, top-up credits and add-on credit packs expire twelve (12) months after purchase or upon account termination, whichever occurs first, except where applicable law requires a longer period. Plan credits, trial credits, promotional credits, bonus credits, and adjusted credits expire, reset, or are revoked according to the applicable plan, promotion, adjustment, or billing-period rules. Credits are not redeemable for cash, refunds, or payment toward invoices unless Kitbees expressly agrees in writing.

Credits may be consumed when Customer runs credit-priced actions such as creator unlocks, searches, exports, AI generation, personalization, website analysis, latest-news refreshes, or other metered workflows shown in the Service. Kitbees may estimate, reserve, commit, reverse, or roll back credits as needed to handle pending workflows, failed operations, duplicate requests, abuse prevention, billing reconciliation, or technical errors. Kitbees may suspend or limit usage-based features when limits are reached or payment is overdue, monitor usage, enforce limits, throttle access, invoice permitted overages, or require an upgrade before continued use.

3.6 Late Payment and Refund Policy

All payment obligations are non-cancelable and, except where required by law or expressly stated otherwise in writing, all fees paid are non-refundable. Canceling a subscription stops future renewal charges but does not refund fees, subscription periods, top-up credits, add-on credits, used credits, unused credits, or partially used billing periods already purchased.

Because the Services, subscriptions, credits, reports, exports, and AI-assisted outputs are digital products or electronically delivered services, there are no physical returns. Kitbees may, in its sole discretion, issue credits, account adjustments, or refunds for duplicate charges, confirmed billing errors, failed paid workflows, fraud, or other exceptional cases, but doing so once does not require Kitbees to do so again. Refunds, if approved, may be returned through Stripe or another original payment channel and may be reduced by non-refundable processor charges, taxes, chargeback costs, or amounts already consumed, where permitted by law.

A "failed paid workflow" means a paid Service operation that Kitbees confirms from its own system logs did not execute or did not deliver the purchased digital action because of a Kitbees-controlled technical error. Failed paid workflows do not include Customer dissatisfaction with search results, creator availability, source coverage, AI output quality, rankings, recommendations, estimates, third-party data limitations, no-match searches, customer input errors, third-party outages, blocked integrations, rate limits, platform restrictions, or outcomes outside Kitbees' control.

Chargebacks, payment disputes, reversals, failed payments, or payment processor holds do not cancel Customer's payment obligations for Services, credits, exports, reports, creator data, AI outputs, or other digital actions already provided or consumed. If a payment is disputed, reversed, or not successfully collected, Kitbees may treat the amount as unpaid, suspend or terminate access, revoke or reverse related credits, pause workflows, refuse future purchases, require an alternative payment method, recover dispute fees and collection costs, and block related accounts where permitted by law.

If Customer does not pay all charges when due, Kitbees may suspend or terminate access to the Services for nonpayment.

3.7 Creator Payments and Stripe Connect

If Kitbees makes creator payment, payout, transfer, saved payment method, campaign funding, or Stripe Connect functionality available, those features are optional workflow tools for routing payments through Stripe. Kitbees is not a bank, escrow provider, money transmitter, payroll provider, tax adviser, or fiduciary. Stripe may require customers, creators, or other payees to accept Stripe terms, complete identity verification, provide tax information, satisfy sanctions or risk checks, and maintain a payout-eligible connected account before funds can be processed or released.

Customer is responsible for deciding whether and how much to pay any creator or other third party, for obtaining all required approvals before initiating payments, and for all taxes, invoices, reporting, chargebacks, disputes, refunds, reversals, failed payouts, insufficient funds, and payment instructions related to Customer's campaigns. Kitbees may delay, block, reverse, refund, or cancel payment workflows where required by Stripe, law, risk controls, platform rules, payment failure, suspected fraud, or these Terms.

4. Term & Termination

4.1 Term

These Terms become effective on the date Customer first accepts them or first accesses or uses the Services, whichever occurs first, and continue until terminated as set forth herein. If Customer purchases a subscription, the subscription term continues for the purchased period and any renewals unless canceled or terminated in accordance with these Terms or the applicable order form.

4.2 Suspension and Termination by Kitbees

Kitbees may suspend, restrict, disable, or terminate access to all or part of the Services immediately if Kitbees reasonably believes:

Customer or an Authorized User has violated these Terms;
the Services are being used in a way that creates security, legal, operational, reputational, or anti-spam risk;
Customer's use threatens the confidentiality, integrity, availability, or performance of the Services or any third party;
payment is overdue;
a third-party platform, payment processor, email provider, social media platform, or governmental authority requires action; or
continued provision of the Services would create material legal, regulatory, security, or operational risk.

Where commercially reasonable, Kitbees will use reasonable efforts to provide notice and an opportunity to cure, but Kitbees is not required to do so where immediate action is reasonably necessary.

4.3 Cancellation by Customer

Customer may stop using the Services at any time. If Customer has a paid subscription, termination does not relieve Customer of payment obligations accrued before termination or payment obligations for the remainder of any committed term, if applicable.

4.4 Effect of Expiration or Termination

Upon expiration or termination:

Customer's access rights end immediately;
Customer must stop using the Services;
Customer must stop using and, unless law requires retention or Kitbees permits otherwise in writing, delete or securely destroy Creator Data, Service Output, exports, reports, outreach data, and other data obtained through the Services, except to the extent Customer independently obtained the underlying information;
Customer may request the return or export of Customer Data up to thirty (30) days after termination. After the 30-day period, Kitbees may delete, disable, or deprovision access to Customer Data in accordance with its retention practices and applicable law; and
any licenses granted to Customer under these Terms immediately cease.

4.5 Survival

Sections that by their nature should survive expiration or termination will survive, including Sections 3 through 14 and any payment obligations accrued before termination.

5. Intellectual Property & Data Protection

5.1 Ownership of the Services

The Services and their original content, features, functionality, creator database, software, models, interfaces, workflows, documentation, Usage Data, Aggregated Data, and all related intellectual property rights are and will remain the exclusive property of Kitbees and its licensors. Except for the limited rights expressly granted in these Terms, no rights are granted to Customer by implication, estoppel, or otherwise.

5.2 Customer Data

As between the parties, Customer retains its rights, title, and interest in and to Customer Data. Customer grants Kitbees a worldwide, non-exclusive, royalty-free right during the term to host, store, reproduce, transmit, modify, process, display, and otherwise use Customer Data as necessary to:

provide, maintain, secure, and improve the Services;
perform Customer-authorized workflows;
generate Service Output;
prevent fraud, abuse, and security incidents;
comply with law; and
enforce these Terms.

Customer represents, warrants, and covenants that Customer has all rights, licenses, permissions, and lawful bases necessary for Kitbees to process Customer Data as contemplated by these Terms.

Unless expressly approved by Kitbees in writing, Customer must not submit to the Services any special category or similarly sensitive personal data, including health data, biometric data, government-issued identifiers, financial account credentials, precise geolocation, children's data subject to heightened protections, criminal-offense data, or data revealing racial or ethnic origin, political opinions, religious beliefs, union membership, sexual orientation, or similar highly sensitive information.

Customer must not submit Personal Data that requires a separate data processing agreement, business associate agreement, financial-data addendum, government-data addendum, children's-data addendum, or other specialized data-processing terms unless the relevant agreement has been executed by Kitbees in writing before submission. If Customer submits such data without the required agreement, Customer remains responsible for the submission and must promptly remove the data or cooperate with Kitbees' deletion, restriction, or remediation instructions.

5.3 Creator Data and Service Output

The Services may make available creator data, influencer data, audience data, public web information, analytics, rankings, quality or safety signals, estimated pricing information, collaboration history, contact data, campaign data, tracking data, and similar output derived from public sources, licensed sources, third-party services, Customer-provided data, or automated analysis ("Creator Data" and "Service Output").

Customer may use Creator Data and Service Output only for Customer's own lawful internal business purposes in connection with creator marketing, creator evaluation, campaign planning, outreach, campaign execution, affiliate measurement, and related reporting, except for limited external sharing expressly permitted by these Terms, a Service feature, or Kitbees' written approval. Customer must not use the Services, Creator Data, or Service Output:

for credit, insurance, housing, lending, debt collection, or other purposes governed by the Fair Credit Reporting Act or similar laws;
for determining eligibility for education, healthcare, financial assistance, or government benefits;
for law enforcement, immigration enforcement, criminal risk scoring, or unlawful surveillance purposes;
to unlawfully infer or act upon highly sensitive characteristics;
to unlawfully target, exploit, or profile minors; or
in any manner that is unlawful, discriminatory, deceptive, defamatory, harassing, or invasive of privacy.

Customer must handle Creator Data and Service Output fairly, lawfully, and transparently, and must obtain any consents, notices, permissions, or other rights required for Customer's intended use, monitoring, outreach, activation, or other processing of that data.

Customer acknowledges that Creator Data and Service Output may be incomplete, estimated, inferred, stale, unavailable, normalized, or otherwise affected by platform changes, privacy settings, source limitations, model limitations, and other factors outside Kitbees' control. They are workflow-support tools only, may include offensive, explicit, inaccurate, infringing, or otherwise objectionable material, and are not guaranteed to be exhaustive, error-free, or fit for Customer's purpose. Kitbees may remove, suppress, redact, block, or stop providing any Creator Data or Service Output at any time for legal, privacy, platform, security, quality, or operational reasons, and Customer must promptly stop using affected data once notified.

Customer may not publish raw Creator Data, contact lists, creator databases, exported datasets, ranked lists, profile repositories, or materially similar compilations in publicly accessible materials. Limited public display of Creator Data or Service Output is permitted only through Service features intended for public sharing, in ordinary-course campaign materials that do not expose raw or bulk data, or with Kitbees' prior written approval. Where public display is permitted, Customer shall acknowledge Kitbees as the source and, where the material is published online, include a link to the Kitbees website unless Kitbees agrees otherwise.

5.4 AI-Assisted Features

The Services may include AI-assisted features such as creator summaries, audience estimates, content classifications, brand-safety indicators, quality signals, similarity scores, rankings, campaign briefs, moodboards, generated copy, generated images, and other AI-assisted or AI-generated content (collectively, "AI Output"). AI Output is generated by automated systems and is provided for informational and workflow-support purposes only — it is not a substitute for Customer's own judgment, professional advice, or independent verification.

AI Output may be inaccurate, incomplete, biased, misleading, offensive, non-unique, unavailable, or infringing. Without limiting the generality of the foregoing:

creator analytics, audience demographics, engagement rates, follower counts, growth trends, and similar metrics are estimates or approximations derived from publicly available or third-party data and may differ from the actual figures reported by platforms or creators;
brand-safety scores, quality scores, credibility signals, and similar assessments are algorithmic estimates based on available data and do not constitute a guarantee, certification, or professional opinion regarding any creator's safety, reliability, or suitability;
estimated pricing, estimated reach, estimated performance, and ROI projections are illustrative only and are not predictions, forecasts, or guarantees of actual results;
AI-generated images and other creative assets may contain artifacts, distortions, unintended likenesses, copyrighted elements, or other issues and are not verified for originality, intellectual property clearance, likeness rights, or commercial usability; and
discount codes, promo codes, and similar identifiers created or managed through the Services are Customer-configured tools — Kitbees does not guarantee their accuracy, proper application, or redemption by any third-party platform or e-commerce system.

Customer is solely responsible for reviewing, verifying, and approving all AI Output before use, including verifying factual accuracy, legal compliance, disclosures, platform policies, usage rights, IP clearance, likeness rights, and any other approvals required for Customer's intended use. Customer must not use AI-assisted features for impersonation, deceptive or unlawful synthetic media, undisclosed deepfakes, unlawful political or regulated advertising, or other rights violations.

5.5 Data Protection Roles

Customer acknowledges that Customer and Kitbees may each process personal data in connection with the Services. Customer is responsible for determining what notices, disclosures, consents, lawful bases, contractual arrangements, and internal policies are required for Customer's use of the Services.

To the extent Kitbees processes personal data on Customer's behalf as a processor, service provider, or contractor, Kitbees will process that data in accordance with Customer's documented instructions reflected in the Service configuration, applicable order form, support request, or other customer agreement. To the extent Kitbees independently collects or makes available public, licensed, or independently sourced creator data, or processes data for its own product telemetry, security, billing, fraud prevention, or business operations, Kitbees acts as an independent controller or business, as applicable, and not as Customer's agent.

5.6 Customer Deliverables, Feedback, and Publicity

Kitbees claims no ownership in deliverables, creative assets, campaign posts, invoices, contracts, or other materials created or exchanged directly between Customer and a creator under their separate relationship. Rights to those materials are governed solely by the separate agreement, if any, between Customer and the relevant creator or other third party.

If Customer or its Authorized Users provide feedback, suggestions, ideas, or recommendations regarding the Services, Customer grants Kitbees a perpetual, irrevocable, worldwide, royalty-free right to use them for any purpose without restriction or obligation.

Kitbees may collect, generate, and use Usage Data, analytics, benchmarks, and Aggregated Data derived from Customer's use of the Services, provided such data does not identify Customer as the source except as otherwise permitted by agreement or law. Kitbees may retain, use, disclose, publish, and exploit such aggregated, anonymized, de-identified, or statistical information for any lawful business purpose, including operating, improving, benchmarking, promoting, and supporting the Services.

Customer also grants Kitbees the right to use Customer's name and company logo on Kitbees' website, customer lists, presentations, and marketing materials to identify Customer as a user of the Services. Kitbees may also create and publish case studies or similar marketing materials based on publicly available information about Customer's company, provided that no Customer Confidential Information is disclosed. Except for the foregoing, neither party may use the other party's name, logo, or other identifying information without the other party's prior written consent.

6. Links To Other Websites

6.1 External Sites and Providers

The Services may contain links to third-party websites or services that are not owned or controlled by Kitbees. Kitbees has no control over, and assumes no responsibility for, the content, privacy policies, practices, availability, or offerings of any third-party websites or services.

6.2 Integrations and Platform Dependencies

The Services may integrate with or depend on third-party services, including payment processors, cloud providers, social media platforms, creator platforms, analytics providers, email providers, e-commerce platforms, identity providers, and AI model providers. Customer's use of those third-party services may be subject to separate terms, policies, and technical restrictions imposed by the applicable provider.

Customer is responsible for complying with the terms and policies of any third-party platform or service used in connection with Kitbees. Kitbees is not responsible for Customer's enablement, access, or use of third-party services, including data processed by the relevant third party.

6.3 Third-Party Data and Tracking Limitations

Kitbees does not control social platforms, creator accounts, email providers, browsers, device settings, ad blockers, analytics tools, or e-commerce systems. Kitbees does not guarantee that public data, campaign metrics, clicks, conversions, revenue attribution, deliverable status, audience statistics, historical content, or other third-party-dependent data will remain available, complete, timely, or consistent with the applicable third party's own records.

7. Confidentiality

7.1 Confidentiality Obligations

Each party (the "Receiving Party") agrees to use the other party's Confidential Information solely as necessary to perform or exercise its rights under these Terms and to protect the Confidential Information using at least reasonable care.

7.2 Confidential Information

"Confidential Information" means non-public information disclosed by one party (the "Disclosing Party") to the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Customer's Confidential Information includes Customer Data. Kitbees' Confidential Information includes the non-public aspects of the Services, pricing, security information, product roadmaps, creator database design, and technical information.

Confidential Information does not include information that the Receiving Party can demonstrate:

is or becomes public through no breach of these Terms;
was already lawfully known to the Receiving Party without restriction;
is lawfully received from a third party without breach of duty; or
is independently developed without use of the Disclosing Party's Confidential Information.

7.3 Permitted Disclosures

The Receiving Party may disclose Confidential Information to its employees, contractors, professional advisers, and service providers who need to know it and who are bound by confidentiality obligations at least as protective as those in these Terms. The Receiving Party may also disclose Confidential Information when required by law, provided it gives advance notice where legally permitted and reasonably practicable.

8. Other User Obligations

8.1 Lawful Use and Plan Limits

Customer may use the Services only as expressly permitted by these Terms, Customer's plan, and applicable law. Customer may not use the Services beyond applicable seat, credit, quota, feature, tracking, export, or rate limits.

8.2 Prohibited Conduct

Customer must not, and must not permit others to:

access or use the Services in violation of law or third-party rights;
send spam, phishing, misleading, abusive, harassing, fraudulent, or unlawful messages through the Services;
impersonate another person or entity or use misleading sender information, subject lines, routing information, or reply addresses;
scrape, crawl, spider, harvest, or use automated means to extract data from the Services except through functionality intentionally made available by Kitbees;
interfere with or disrupt the integrity, security, or performance of the Services;
probe, scan, or test vulnerabilities of the Services without Kitbees' prior written consent;
circumvent authentication, rate limits, usage limits, technical restrictions, or access controls;
copy, frame, mirror, republish, sell, rent, sublicense, redistribute, or commercially exploit the Services or Creator Data for third parties except as expressly authorized in writing;
use exports, Creator Data, Service Output, or other materials obtained from the Services to build, enrich, verify, publish, resell, or distribute a separate database, directory, lead list, model-training dataset, or competing product;
reverse engineer, decompile, disassemble, or attempt to derive source code, non-public interfaces, underlying models, or underlying ideas of the Services, except to the extent prohibited by law;
use the Services to build, train, benchmark, or improve a competing product or model;
use the Services to stalk, threaten, harass, exploit, or otherwise harm any person; or
upload malware, harmful code, or malicious content.

Agencies and service providers may use the Services in the ordinary course of delivering services to their own named clients only if the agency or service provider remains the contracting party and user of record with Kitbees and remains fully responsible for all use by its personnel and clients. Agency use does not permit Customer to operate a data bureau, list-rental business, resale database, generalized lead enrichment service, model-training dataset, competing product, or other service that republishes, resells, sublicenses, or systematically distributes Creator Data or Service Output outside a specific client engagement. Customer must bind its clients, personnel, contractors, and recipients to restrictions at least as protective as these Terms.

8.3 Outreach, Anti-Spam, and Compliance

If Customer uses Gmail connection, email sending, templates, contact features, or similar outbound messaging tools made available through the Services, Customer is solely responsible for:

all recipients, mailing lists, sender identities, reply addresses, message content, claims, offers, and campaign strategy;
compliance with CAN-SPAM, state anti-spam laws, privacy laws, consumer protection laws, FTC Endorsement Guides, sponsored-content and material-connection disclosure rules (including requiring creators to clearly disclose paid partnerships, gifted products, affiliate relationships, and other material connections), platform policies, provider rules, and any consent, notice, unsubscribe, suppression, or recordkeeping obligations applicable to Customer's communications or creator campaigns; and
inbox reputation, domain configuration, authentication records, sending practices, and deliverability outcomes.

Kitbees may provide workflow tools, queuing, send logging, templates, or compliance-supporting features, but Customer remains legally responsible for all communications sent using Customer's connected accounts or infrastructure.

Gmail connection is provided for outbound sending only. Kitbees does not request Gmail inbox-read scopes, read Customer's Gmail inbox or existing messages, monitor replies, receive inbound responses from Customer's Gmail account, or access attachments stored in Customer's Gmail account.

8.4 Affiliate Tracking and Measurement Compliance

If Customer uses tracking links, affiliate links, conversion measurement, campaign attribution, or related features, Customer is solely responsible for:

the legality of the destination URLs, landing pages, offers, promotions, and ecommerce flows linked to those features;
providing any notices, disclosures, consent mechanisms, and opt-out choices required for cookies, tracking technologies, redirects, affiliate relationships, performance measurement, or data sharing connected to Customer's campaigns; and
ensuring Customer has all rights and permissions needed to connect stores, analytics properties, ecommerce systems, pixels, or other attribution sources to the Services.

Kitbees does not guarantee that tracking, click, conversion, revenue, attribution, or performance data will capture all relevant activity or match the records of any browser, platform, ecommerce provider, analytics provider, or third party.

8.5 Creator Relationships and Third-Party Dealings

Customer is solely responsible for deciding whether to identify, contact, evaluate, engage, contract with, compensate, or otherwise work with any creator, influencer, representative, agency, vendor, or other third party identified through the Services. Except for optional Stripe-powered payment-routing tools expressly made available through the Services, Kitbees is not a talent agency, broker, fiduciary, escrow provider, collections agent, marketplace operator for creator engagements, or payment intermediary between brands and creators. Any Stripe-powered creator payment functionality is provided only as workflow tooling and does not make Kitbees responsible for the underlying creator relationship, deliverables, tax treatment, payment dispute, refund, chargeback, or creator payout outcome.

Without limiting the foregoing, Kitbees is not responsible for and does not guarantee:

the identity, authenticity, quality, suitability, safety, legality, or availability of any creator or creator representative;
the performance, non-performance, breach, delay, cancellation, removal, approval, rejection, or commercial value of any creator content, deliverable, or campaign result;
whether any outreach effort, introduction, negotiation, or proposed collaboration results in a response, agreement, completed campaign, or successful relationship;
payment timing, pricing, invoicing, collections, refunds, chargebacks, taxes, or any other amounts owed between Customer and any creator or third party; or
disputes between Customer and any creator, agency, manager, platform, vendor, or other third party, including disputes about contract terms, deliverables, usage rights, approvals, exclusivity, disclosure obligations, payment, or campaign performance.

Customer is solely responsible for conducting its own diligence, obtaining any consents or permissions it needs, and entering into separate written agreements governing creator engagements, deliverables, disclosures, approvals, usage rights, compensation, taxes, and dispute resolution where appropriate.

8.6 Public Pages, Share Links, and Exports

If the Services allow Customer to generate share links, public campaign pages, public moodboards, public creative assets, reports, exports, or similar externally accessible materials, Customer is solely responsible for deciding whether to enable sharing and what content is made available. Customer must not use such functionality to disclose information that Customer is not authorized to disclose, including personal data, confidential information, trade secrets, or materials subject to legal or contractual restrictions.

Customer acknowledges that public or semi-public links may be forwarded, copied, screen-captured, downloaded, indexed, cached, or accessed by unintended recipients, and that disabling a link may not eliminate copies or records already obtained by others. Kitbees is not responsible for any access, reuse, republication, or downstream consequences once Customer or its recipients disclose or distribute a share link, export, or public page.

Exports, reports, and other materials generated from the Services may be used only for Customer's internal lawful business purposes, except for limited sharing through Service features intended for public sharing or with Kitbees' prior written approval. They may not be publicly republished at scale, resold, used to create a competing repository, or used for generalized data brokerage, list sales, or model training.

9. Indemnification

Customer agrees to defend, indemnify, and hold harmless Kitbees, its affiliates, licensors, officers, directors, employees, contractors, and agents from and against any and all claims, damages, obligations, losses, liabilities, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

Customer's or its Authorized Users' access to or use of the Services;
Customer Data;
Customer's outreach, campaigns, tracking links, affiliate links, offers, or communications;
any negotiation, agreement, deliverable, invoice, payment obligation, refund, chargeback, tax issue, or dispute between Customer and any creator, agency, manager, platform, or other third party;
Customer's use, publication, distribution, or reliance on AI Output, generated content, Creator Data, or Service Output, including any intellectual property, likeness, privacy, defamation, or advertising-law claim arising from Customer's use of such materials;
Customer's violation of applicable law, third-party platform rules, or third-party rights; or
Customer's breach of these Terms.

The party seeking indemnification (the "Indemnified Party") shall give the party from whom indemnification is sought (the "Indemnifying Party") prompt notice of the relevant claim, reasonable cooperation at the Indemnifying Party's expense, and the right to control the defense and settlement of the claim, provided that the Indemnifying Party may not settle any claim in a manner that admits fault or imposes obligations on the Indemnified Party without the Indemnified Party's prior written consent.

10. Limitation of Liability

To the maximum extent permitted by law, Kitbees and its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business interruption, data, or anticipated savings, arising out of or relating to the Services or these Terms, even if advised of the possibility of such damages.

Without limiting the foregoing, Kitbees will not be liable for:

any conduct, content, deliverable, or non-performance of any creator, agency, manager, platform, vendor, or other third party;
any contract dispute, usage-rights dispute, approval dispute, payment dispute, refund dispute, tax dispute, or other dispute between Customer and any creator or other third party;
inaccurate, incomplete, stale, unavailable, inferred, normalized, or missing Creator Data, Service Output, or AI Output, including any analytics, scores, estimates, recommendations, generated images, or other AI-assisted content;
third-party outages, platform interface changes, tracking limitations, deliverability failures, platform restrictions, privacy controls, browser controls, or provider actions outside Kitbees' control; or
unauthorized access, use, or alteration of Customer's transmissions or content, except to the extent caused by Kitbees' gross negligence or willful misconduct where such limitation is prohibited by law.

Kitbees' total liability will not exceed US$100. This means that, to the maximum extent permitted by law, the maximum amount Customer may recover from Kitbees for all claims relating to the Services or these Terms is US$100 in total.

The exclusions and limitations in these Terms apply regardless of the theory of liability and even if a remedy fails of its essential purpose. Nothing in these Terms limits liability to the extent such limitation is prohibited by law. The liability cap does not limit Customer's payment obligations, Customer's indemnification obligations, or Kitbees' right to seek injunctive or equitable relief for misuse of the Services, infringement, data misuse, security abuse, or confidentiality violations.

11. Disclaimer of Warranties

Customer uses the Services at its sole risk. The Services are provided on an "as is" and "as available" basis. Except as expressly provided in these Terms or an applicable order form, this applies to the Services, Creator Data, Service Output, tracking data, affiliate data, documentation, AI Outputs, shared content, and all related components.

Kitbees disclaims all warranties to the maximum extent permitted by law. This includes all express, implied, statutory, or other warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, or results.

Kitbees does not warrant that:

the Services will be uninterrupted, secure, or available at any particular time or location;
errors or defects will be corrected within a particular timeframe;
any data, metric, estimate, signal, or output will be accurate, complete, current, or fit for Customer's purpose;
any creator, agency, or other third party will enter into, perform under, or satisfy any negotiation, campaign, deliverable, or payment arrangement;
any tracking, attribution, or performance metric will match third-party reporting or capture all relevant activity;
any AI-generated output will be unique, non-infringing, or suitable for publication;
any inbox placement, deliverability, or campaign outcome will meet Customer's expectations; or
the Services will be legally available for use in every jurisdiction.

The Services are informational and workflow-support tools only. All data, analytics, scores, estimates, rankings, recommendations, AI-generated content, and other output provided through the Services are suggestions and approximations, not guarantees, certifications, or professional opinions. Customer is solely responsible for all decisions made, actions taken, content published, communications sent, and campaigns executed using or based on the Services, and for independently verifying any information before relying on it.

The Services do not provide legal, tax, accounting, advertising-law, or other professional advice. Customer is solely responsible for obtaining professional advice appropriate to Customer's circumstances.

12. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods, the Uniform Commercial Code, the Uniform Computer Information Transactions Act, and any similar legislation shall not apply.

In the event of a dispute, controversy, or claim arising out of or relating to these Terms or the Services, the parties shall first attempt in good faith to resolve the matter through negotiations. If the dispute is not resolved within sixty (60) calendar days after the first written notice of dispute, the dispute shall be subject to the exclusive jurisdiction of the state or federal courts located in Delaware, and each party irrevocably submits to the personal jurisdiction of those courts and waives any objection based on venue or forum non conveniens.

To the maximum extent permitted by law, any claim or cause of action arising out of or relating to these Terms or the Services must be brought within one (1) year after the claim or cause of action accrues, or it is forever barred.

Each party waives any right to a jury trial to the maximum extent permitted by law.

To the maximum extent permitted by law, each party may bring claims only in its individual capacity. Neither party may bring claims as a plaintiff, class member, representative, private attorney general, or participant in any class, collective, consolidated, or representative action. The court may not consolidate more than one Customer's claims or otherwise preside over any form of representative or class proceeding unless this waiver is held unenforceable for the claim at issue.

Nothing in these Terms prevents either party from seeking injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, or security interests.

13. Miscellaneous

13.1 Entire Agreement

Unless otherwise stated in an applicable order form, these Terms, together with any incorporated policies and applicable order form, constitute the entire agreement between Customer and Kitbees regarding the Services and supersede all prior or contemporaneous understandings relating to the subject matter.

13.2 Assignment

Customer may not assign or transfer these Terms, in whole or in part, without Kitbees' prior written consent, except in connection with a merger, acquisition, or sale of substantially all of Customer's assets where the assignee agrees in writing to be bound by these Terms. Kitbees may assign these Terms without restriction.

13.3 Force Majeure

Kitbees shall not be liable for any failure to comply with these Terms to the extent such failure arises from factors outside its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, denial-of-service attacks, third-party platform outages, or governmental action.

13.4 Independent Contractors

Nothing in these Terms shall imply a partnership, joint venture, principal-agent, fiduciary, franchise, or other representative relationship between Customer and Kitbees. Customer has no right, power, or authority to create any obligation, express or implied, on behalf of Kitbees.

13.5 Waiver and Severability

No delay or failure to require the performance of any provision of these Terms shall constitute a waiver of that provision. If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be enforced to the maximum extent permitted by law.

13.6 Electronic Communications

All notices, requests, consents, claims, demands, waivers, and similar communications under these Terms may be sent electronically where permitted by law. You acknowledge and agree that communications provided through the Services or by email satisfy any legal requirement that such communications be in writing.

13.7 Legal Notices

Legal notices to Kitbees must be sent by email to privacy@kitbees.com, unless Kitbees designates a different legal-notice email address. Notices to Customer may be sent to the account owner email, billing contact email, organization administrator email, or email address associated with Customer's account, order form, or billing record. Email notices are deemed received on the next business day after transmission unless the sender receives a bounce or delivery-failure notice.

Changes to This Policy

We may update this Terms and Conditions from time to time. If we make material changes, we will provide notice as required by applicable law and update the "Last Updated" date above.

12. Contact Us

If you have questions about this Terms and Conditions, you can contact us:

Kitbees Inc., Delaware C Corporation
131 Continental Dr Suite 305
Newark, DE 19713
United States
Email: privacy@kitbees.com