01Acceptance
By creating an account, accessing, or using the KPIcons Service, you agree to be bound by these Terms. If you are agreeing on behalf of an organization, you represent you have the authority to bind that organization.
02The Service
KPIcons provides a closed-loop performance-enablement platform: scoreboards, AI coaching, attribution graphs, roleplay scorecards, integration connectors, and the associated APIs and documentation. Features may change; we'll provide notice of material changes through the Service or email.
03Accounts & authorized users
- You're responsible for keeping credentials and API keys confidential.
- You must provide accurate registration information and promptly update it if it changes.
- You're responsible for activity under your account, including activity by authorized users you provision.
- Notify us immediately of any unauthorized access: security@kpicons.com.
04Acceptable use
You agree not to:
- Use the Service for any unlawful purpose or to violate third-party rights.
- Attempt to reverse-engineer, decompile, or circumvent technical protections.
- Use the Service to build a competing product.
- Resell, rent, or white-label the Service without written permission.
- Upload malware, spam, or content that infringes IP or violates privacy.
- Exceed rate limits documented in our API terms, or use the Service to stress-test without prior approval.
- Use AI features to generate deceptive, harassing, or illegal content.
We may suspend access for violations while we investigate, with notice where feasible.
05Customer data & intellectual property
5.1 You own your data.
You retain all rights to data you submit to the Service ("Customer Data"). You grant KPIcons a non-exclusive, worldwide, royalty-free license to use Customer Data solely to provide, secure, and improve the Service for you.
5.2 We own the Service.
KPIcons retains all rights to the Service, including underlying software, models, documentation, trademarks, and aggregated/anonymized derived data.
5.3 Feedback.
If you send us product feedback, you grant us a perpetual, irrevocable, royalty-free license to use it. We don't owe you credit or compensation.
06AI features & outputs
- AI outputs (nudges, roleplay scores, attribution summaries) are generated algorithmically and may contain errors. Use human judgment; don't rely on them as sole decision-makers for material business or employment decisions.
- KPIcons does not train shared models on identifiable Customer Data unless you explicitly opt in at the tenant level.
- Persona preferences remain in your tenant. We don't export or reuse them across customers.
- You are responsible for making AI outputs compliant with your local laws (e.g., employee consent for coaching transcription).
07Fees, billing & taxes
- Fees are as described in your Order Form or on our pricing page.
- Seat-based plans are billed monthly or annually in advance. Outcome-based plans are reconciled monthly in arrears against the attribution ledger; you have 14 days to dispute any line.
- Fees exclude taxes. You're responsible for all applicable sales, use, VAT, and similar taxes except those based on our net income.
- Overdue amounts accrue interest at 1.5%/month (or the maximum permitted by law). We may suspend the Service after 15 days' written notice of non-payment.
08Term & termination
- These Terms start when you accept them and run until terminated.
- You can cancel anytime from your account settings; for annual plans, you keep access through the paid period.
- We can terminate for material breach after 30 days' notice if uncured. We can suspend immediately for security, legal, or payment-default reasons.
- On termination, you lose access to the Service. You can export data for up to 30 days after termination. After that, it's deleted per our retention schedule.
09Confidentiality
Each party will protect the other's Confidential Information with the same degree of care used for its own, but no less than a reasonable standard. Permitted disclosures include to employees/advisors who need to know and are bound by similar obligations, and where compelled by law (with prior notice where possible).
10Warranties & disclaimers
We warrant that the Service will materially conform to our documentation. Your sole remedy for breach is, at our option, to fix the non-conformity or refund prepaid unused fees.
Except as expressly stated, the Service is provided "AS IS" to the maximum extent permitted by law. We disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
11Indemnification
By KPIcons: we will defend you from third-party claims that the Service infringes a valid patent, copyright, or trademark, and pay damages finally awarded, subject to cooperation and notice. Exclusions apply (modifications you made, combinations with non-KPIcons products, etc.).
By you: you will defend us from third-party claims arising from your Customer Data, your use of the Service in breach of these Terms, or your violation of applicable law.
12Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, data, or goodwill, even if advised of the possibility.
Each party's aggregate liability under these Terms is capped at the fees paid or payable by you in the 12 months preceding the claim. Exclusions from the cap: your indemnification obligations, your breach of Acceptable Use, or amounts owed under the Fees section.
13Governing law & disputes
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflicts principles. Any dispute will be resolved by binding arbitration under the AAA Commercial Rules in Wilmington, Delaware, except that either party may seek injunctive relief in court for IP or confidentiality claims.
Class action waiver: claims may only be brought on an individual basis.
14Miscellaneous
- Entire agreement. These Terms plus any signed Order Form or Master Agreement form the entire agreement.
- Changes. We'll give 30 days' notice of material changes to these Terms.
- Assignment. Neither party may assign without the other's consent, except in a merger or acquisition.
- Force majeure. Neither party is liable for failures caused by events beyond reasonable control.
- Severability. If any provision is unenforceable, the rest stays in effect.
- No waiver. Failure to enforce doesn't waive future enforcement.
- Notices. Legal notices to KPIcons: 15736 Howard Dr., Macomb Twp, MI 48042, USA, or legal@kpicons.com.