These Terms of Service (the "Terms") govern access to and use of the websites, software, platform, managed outbound services, data services, email infrastructure, AI personalization, analytics, reporting, integrations, and related services provided by Ken Technology, LLC dba Kenso, formerly known as Ken AI ("Kenso," "we," "us," or "our").
By accessing or using the Services, signing a Service Agreement or Order Form, or authorizing Kenso to perform Services, you agree to these Terms on behalf of the entity you represent ("Client," "you," or "your"). If you are accepting these Terms on behalf of an entity, you represent that you have authority to bind that entity.
These Terms are intended for business customers only. The Services are not intended for consumers or for personal, family, or household use.
1. Agreement Structure and Order of Precedence
1.1 Agreement. The agreement between Kenso and Client consists of these Terms, any signed Service Agreement, Order Form, statement of work, addendum, Data Processing Addendum, and any other written document expressly incorporated by reference (collectively, the "Agreement").
1.2 Order of precedence. If there is a conflict among documents, the following order controls, unless a document expressly states otherwise: (a) the applicable Service Agreement, Order Form, or statement of work; (b) the Data Processing Addendum for matters involving processing of Client Personal Data; (c) these Terms; and (d) documentation or policies referenced by Kenso. The Privacy Policy explains Kenso's privacy practices and does not reduce either party's obligations under the Agreement.
1.3 Changes to Services. Kenso may update, improve, suspend, or discontinue features from time to time, provided that Kenso will not materially reduce the core Services during an active paid service period without a commercially reasonable replacement or workaround. Beta, preview, experimental, or "coming soon" features may be changed or discontinued at any time.
2. Definitions
2.1 Account means Client's account, workspace, dashboard, or other access point for using the Platform.
2.2 Ad Audience Data means identifiers, engagement signals, lists, segments, or other information that may be transmitted, uploaded, matched, or synchronized to advertising platforms or related tools.
2.3 Affiliate means an entity that directly or indirectly controls, is controlled by, or is under common control with a party.
2.4 Applicable Law means all laws, regulations, rules, directives, orders, and governmental requirements applicable to a party or to a Campaign, including applicable privacy, data protection, marketing, advertising, anti-spam, consumer protection, export control, sanctions, and platform rules.
2.5 Authorized User means an employee, contractor, agent, or representative of Client whom Client authorizes to access the Services.
2.6 Campaign means an outbound, retargeting, analytics, data enrichment, reply handling, reporting, or related workflow performed or supported by Kenso for Client.
2.7 Campaign Data means data generated from Campaigns, including send logs, open data, click data, reply data, timestamps, bounce data, deliverability data, inbox data, meeting attribution data, sentiment tags, segment performance, and related analytics.
2.8 Client Content means Client-provided copy, trademarks, logos, websites, landing pages, offers, claims, product descriptions, files, approved messages, CRM data, customer lists, suppression lists, and other materials supplied or approved by Client.
2.9 Client Data means data, content, and materials submitted by or on behalf of Client to the Services, including Client Content, Client-uploaded lead lists, suppression lists, CRM data, and account information. Client Data does not include Kenso Materials, Kenso-Sourced Data, or Usage Data.
2.10 Client Personal Data has the meaning given in the Data Processing Addendum.
2.11 Confidential Information means non-public information disclosed by one party to the other that is marked confidential, should reasonably be understood to be confidential, or relates to technical information, business information, customer information, Campaign strategy, pricing, security, product plans, source code, data, prompts, workflows, results, or other sensitive information.
2.12 Deliverables means Client-specific work product delivered by Kenso under a Service Agreement, such as Campaign strategy documents, Client-specific email copy, reports, exports, and recommendations, excluding Kenso Materials.
2.13 Engagement Data means information showing how Prospects interact with Campaigns, including opens, clicks, replies, bounce status, unsubscribe status, meeting booking, conversion status, and related timestamps or metadata.
2.14 Generated Content means emails, personalization snippets, classifications, scoring, summaries, recommendations, or other outputs generated using AI or automation in connection with the Services.
2.15 Kenso Database means Kenso's proprietary and third-party-sourced business database, which currently contains approximately 250 million business profiles and 24 million companies, subject to ongoing refresh, validation, deduplication, removal, and fluctuation over time.
2.16 Kenso Materials means all software, source code, systems, models, prompts, workflows, templates, frameworks, documentation, know-how, data models, scoring systems, databases, infrastructure, designs, reports formats, methods, processes, and other technology or materials owned, developed, licensed, or used by Kenso, including improvements and derivative works.
2.17 Kenso-Sourced Data means business contact, company, enrichment, verification, qualification, or other data sourced by Kenso from the Kenso Database, third-party providers, public sources, or other sources controlled or selected by Kenso, including Network Signals.
2.18 Network Contribution means a record of one Campaign touch (an email, a LinkedIn action, or a call) that Kenso derives from Campaign Data, limited to: the Person Key of the Prospect; the channel, date, and local time of the touch; its position in the sequence and a one-way fingerprint of the message template; the Prospect's job function; the outcomes Kenso observes, such as delivery, bounce, click, reply and reply classification, unsubscribe, complaint, accepted connection, answered call, out-of-office return date, requested follow-up date, and booked meeting; and the labels Kenso assigns, namely offer type, call-to-action style, the sender's seniority and job function, the sending company's industry, a reply's objection type and language, whether a reply is hostile, and whether a reply says the Prospect has left the company. A Network Contribution never includes the text of a message or reply, or email open data.
2.19 Network Signals means the rates, tags, and evidence counts about a Prospect that Kenso computes from the Network Contributions of more than one Kenso customer, such as the channel a Prospect answers, the offers and senders a Prospect responds to, the times a Prospect replies, and how much outreach a Prospect has received recently.
2.20 Order Form means an ordering document, Service Agreement, statement of work, online checkout, or other agreement that describes the commercial terms for Services.
2.21 Person Key means the identifier Kenso uses to recognize the same Prospect across Campaigns and customers: the Prospect's LinkedIn profile identifier where available, and otherwise a one-way hash of the Prospect's email address that keeps the email domain. Person Keys may still be personal information or personal data.
2.22 Platform means Kenso's software, dashboard, infrastructure, applications, APIs, systems, databases, and related technology.
2.23 Prospect means an individual business contact, company representative, or organization that is identified, enriched, qualified, contacted, tracked, or otherwise processed in connection with a Campaign.
2.24 Prospect Data means personal information or business information relating to Prospects, including names, business email addresses, employer, job title, role, seniority, company attributes, LinkedIn or professional profile URLs, website information, online presence, engagement data, and enrichment data.
2.25 Restricted Data means sensitive personal information, special categories of personal data, health information, financial account data, government identifiers, children's data, consumer credit data, biometric data, precise geolocation data, criminal history, and any other data that is subject to heightened regulation or that Kenso has not expressly agreed to process in writing.
2.26 Services means the Platform and all managed services, including data sourcing, list building, enrichment, qualification, email verification, copywriting, AI personalization, sequencing, email infrastructure, domain and inbox management, deliverability support, reply handling, analytics, reporting, retargeting integrations, and related support.
2.27 Service Agreement means a written agreement signed by Kenso and Client describing specific scope, pricing, contact volume, performance fee terms, meeting attribution rules, support, termination rights, or other engagement terms.
2.28 Suppression Data means unsubscribe, opt-out, blocklist, do-not-contact, bounced, complaint, or similar data used to avoid contacting a person or organization.
2.29 Third-Party Services means services, platforms, APIs, software, infrastructure, data providers, AI providers, payment processors, email providers, ad platforms, CRM systems, calendar tools, analytics tools, and other services not owned by Kenso.
2.30 Usage Data means technical, operational, performance, and aggregated information relating to use of the Services, including product telemetry, deliverability trends, benchmark data, and deidentified or aggregated analytics.
3. Services
3.1 Managed outbound services. Kenso provides a tech-enabled managed outbound service and platform for B2B sales and marketing. Depending on the applicable Service Agreement, this may include strategy, data sourcing, list building, enrichment, qualification, email verification, email copywriting, AI personalization, sequencing, sending infrastructure, deliverability monitoring, reply classification, reply handling, analytics, reporting, and integration support.
3.2 Campaign scope. Each Campaign is subject to the applicable Service Agreement, Campaign settings, target audience, geographic restrictions, approved content, available infrastructure, data availability, and Applicable Law. Kenso may reject or modify any requested Campaign if Kenso reasonably believes it may violate the Agreement, Applicable Law, third-party terms, platform policies, deliverability standards, or Kenso's risk controls.
3.3 No exclusivity. Unless a Service Agreement expressly states otherwise, Kenso may provide services to other clients, including clients in similar industries, provided Kenso does not disclose Client's Confidential Information.
3.4 Professional judgment. Client authorizes Kenso to make reasonable operational decisions necessary to perform the Services, including decisions relating to sending cadence, domain rotation, inbox configuration, deliverability controls, list hygiene, suppression, testing, segmentation, and safety controls, subject to any express written restrictions in the Service Agreement.
3.5 No regulated advisory services. Kenso does not provide legal, financial, tax, medical, employment, credit, or other regulated professional advice. Client is responsible for obtaining advice from qualified professionals where needed.
3.6 Access and plans. Kenso offers access to the Platform under a free tier with a one-time credit grant and under paid subscription plans, currently published as Platform, and may also offer managed done-for-you services (VIP). Grandfathered workspaces may remain on older plans. The features, usage limits, and sending capabilities available to Client depend on the plan selected, as described at checkout, on the pricing page, or in the applicable Service Agreement. Sending is available on the free tier and paid plans, and uses credits as described on the pricing page and in Section 5.
4. Accounts, Onboarding, Approvals, and Client Cooperation
4.1 Account security. Client is responsible for maintaining the confidentiality of Account credentials and for all activity under its Account. Client must promptly notify Kenso of any suspected unauthorized access.
4.2 Authorized Users. Client is responsible for its Authorized Users and for ensuring they comply with the Agreement. Kenso may suspend or revoke access for any Authorized User who violates the Agreement or presents a security, legal, or operational risk.
4.3 Client cooperation. Client must timely provide reasonably requested information, approvals, access, materials, target audience descriptions, suppression lists, product information, compliance restrictions, CRM or calendar access needed for attribution, and any other materials needed to perform the Services.
4.4 Approval requests. If Kenso formally requests approval for targeting, copy, Campaign settings, sender identity, domains, or other Campaign items, Client must provide approval, rejection, or specific feedback within two business days unless the Service Agreement states otherwise. If Client does not respond within that period, Kenso may proceed according to the Service Agreement, pause the affected work, or treat the item as approved, depending on Campaign settings and risk.
4.5 Client-caused delays. If a Campaign, onboarding, launch, report, export, or other work is delayed due to Client's failure to provide timely information, access, payment, approvals, or feedback, billing will continue and timelines may be extended, except to the extent the delay is materially caused by Kenso.
4.6 Client approvals. Client is responsible for reviewing and approving Campaign strategy, content, offers, claims, sender identity, target audiences, and geographic scope. Kenso may rely on approvals provided by Client or its Authorized Users through email, the Platform, messaging tools, recorded calls, or other agreed channels.
5. Fees, Billing, Taxes, and Cancellation
5.1 Fees. Client will pay all fees set out in the applicable Service Agreement, Order Form, invoice, or online checkout, including subscription fees, credit purchases and credit-based usage charges, contact volume fees, overage fees, performance fees, usage fees, setup fees, and any other agreed fees. Fees may include paid subscription plans billed monthly, quarterly, or annually, volume add-ons, and done-for-you services billed as VIP. These Terms do not state exact pricing.
5.2 Performance fees. If performance fees apply, the applicable Service Agreement will define the performance event, attribution rules, dispute procedure, payment timing, no-show and reschedule rules, and any post-termination payment obligations.
5.3 Payment authorization. Client authorizes Kenso and its payment processors to charge Client's approved payment method for all fees, taxes, and charges due. Client must keep payment information accurate and current.
5.4 Invoices. Unless the Service Agreement states otherwise, invoices are due upon receipt. Amounts not disputed in good faith within ten days after invoice date are deemed accepted. Kenso may continue to charge undisputed amounts while a dispute is pending.
5.5 Late payment. If Client fails to pay amounts when due, Kenso may suspend Services, withhold exports or Deliverables, reduce service levels, or terminate the Agreement. Overdue amounts may accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower, plus reasonable collection costs.
5.6 Taxes. Fees are exclusive of taxes unless expressly stated otherwise. Client is responsible for all sales, use, VAT, GST, withholding, or similar taxes, except taxes based on Kenso's net income. If Client is required to withhold taxes, Client must gross up payments so Kenso receives the full amount due, unless prohibited by law.
5.7 Automatic renewal. If a Service Agreement or online checkout provides for recurring billing, the subscription will renew automatically for the stated renewal period unless canceled according to the cancellation procedure in the Service Agreement or checkout flow. Kenso will provide renewal, cancellation, and acknowledgment information as required by Applicable Law.
5.8 Cancellation. Unless the Service Agreement states otherwise, Client may cancel renewal by giving written notice through the agreed cancellation channel before the renewal date. Cancellation takes effect at the end of the then-current paid period unless Kenso agrees otherwise in writing.
5.9 No refunds. Except where required by Applicable Law or expressly stated in a Service Agreement, fees are non-refundable and non-creditable, including for partial service periods, unused credits, unused contact volume, unused features, client-caused delays, or early cancellation.
5.10 Credits. Usage beyond the plan is charged in credits at the rates on the pricing page. Credits have no cash value, are non-transferable, and are non-refundable except where required by Applicable Law. Credits included with a plan expire at the end of the billing month after the month they were granted. Purchased credits and the free-tier signup grant do not expire while the account is open. Other promotional credits, including affiliate credit payouts, expire on the date Kenso states when it grants them; if no date is stated, they do not expire while the account is open. Kenso may pause credit-based actions when the credit balance reaches zero, until more credits are added. Work already in progress may finish and is still charged; any shortfall is deducted from the next credits added. Recurring infrastructure (inboxes, domains, LinkedIn accounts) renews in credits, and sending from unpaid infrastructure may be paused.
5.11 Chargebacks. Client must not initiate a chargeback for amounts validly due without first attempting to resolve the dispute with Kenso. Unauthorized or improper chargebacks may result in suspension or termination.
5.12 Plan changes. For self-serve subscription plans, Client may upgrade, downgrade, or cancel through the Platform billing settings. Upgrades take effect when made. Downgrades and cancellations take effect at the end of the then-current billing period, unless Kenso agrees otherwise in writing.
6. Client Responsibilities, Legal Compliance, and Geo-Compliance
6.1 General compliance. Client is responsible for ensuring that Client's use of the Services, Client Content, offers, claims, target audiences, uploaded data, approved Campaigns, and use of exported data comply with Applicable Law.
6.2 Marketing and data protection laws. Client represents and warrants that it will comply with all applicable marketing, privacy, and data protection laws, including where applicable the CAN-SPAM Act, GDPR, UK GDPR, EU ePrivacy rules, UK PECR, CASL, Australia's Spam Act, CCPA/CPRA, other U.S. state privacy laws, consumer protection laws, platform rules, and industry-specific rules.
6.3 Geographic scope. Client must identify the countries, states, provinces, industries, and recipient categories targeted by each Campaign. Client must notify Kenso of any restricted jurisdictions, heightened consent requirements, regulated audiences, or internal compliance requirements before launch. Kenso may geo-fence, limit, suspend, or decline Campaigns targeting jurisdictions or recipient categories with heightened requirements.
6.4 Uploaded data. Client represents and warrants that it has all rights, permissions, notices, consents, legal bases, and authority needed to provide Client Data to Kenso and to instruct Kenso to process it for the Services.
6.5 Suppression lists. Client must provide Kenso with applicable suppression lists, customer lists, competitor lists, do-not-contact lists, and other exclusions before any Campaign launch and promptly update them during the engagement.
6.6 Offers and claims. Client is solely responsible for the truthfulness, substantiation, legality, and non-misleading nature of Client's products, services, offers, testimonials, pricing, comparisons, guarantees, savings claims, performance claims, and advertising claims.
6.7 Opt-outs. Client must promptly notify Kenso of opt-outs, objections, complaints, unsubscribe requests, or data subject requests received by Client relating to a Campaign. Kenso will use commercially reasonable controls to honor suppression signals within the Services. Where stricter law applies, opt-outs should be honored without undue delay.
6.8 No Restricted Data. Client must not upload or provide Restricted Data unless Kenso expressly agrees in writing and any required additional safeguards, consents, and terms are in place.
7. Outbound Compliance, Sender Identity, and Suppression
7.1 Shared responsibility. Client acknowledges that both Client and Kenso may have legal obligations for outbound Campaigns. Client is responsible for the legality of its offer, target audience, Client Content, uploaded data, approvals, required consents and notices, and use of Campaign outputs. Kenso is responsible for operating the Services using commercially reasonable suppression, unsubscribe, deliverability, and sending controls according to documented Campaign settings.
7.2 Sender identity. Client must provide accurate sender identity information, including legal entity name, brand name, mailing address, domain preferences, and any required footer or identification information. Kenso will not knowingly use materially false or misleading header information, sender information, subject lines, or routing information.
7.3 Unsubscribe mechanisms. Campaign emails must include a legally appropriate opt-out or unsubscribe mechanism unless Kenso approves an alternative lawful approach in writing. Kenso may manage unsubscribe links, reply-based opt-outs, suppression, and related workflows.
7.4 Suppression controls. Kenso may maintain Suppression Data to prevent future outreach, honor opt-outs, document compliance, and protect deliverability. Kenso may retain minimal suppression identifiers even after termination where reasonably necessary for compliance, fraud prevention, security, or avoiding future contact.
7.5 Complaints. Client must promptly cooperate with Kenso regarding spam complaints, legal notices, platform inquiries, ad platform reviews, domain or inbox complaints, data subject requests, and regulator inquiries.
8. Data, Licenses, and Intellectual Property
8.1 Kenso ownership. Kenso owns and retains all rights, title, and interest in and to the Kenso Materials, Kenso Database, Platform, Services, software, source code, infrastructure, prompts, models, workflows, templates, frameworks, scoring systems, databases, know-how, Usage Data, and related intellectual property.
8.2 Client ownership. Client owns and retains all rights in Client Data and Client Content. Subject to Client's payment obligations and compliance with the Agreement, Client also owns Client-specific final email copy and Client-specific Deliverables created for Client, excluding Kenso Materials, Kenso-Sourced Data, templates, frameworks, prompts, methods, and generalized learnings.
8.3 License to Kenso. Client grants Kenso a worldwide, non-exclusive, royalty-free license to host, use, copy, process, transmit, display, modify, create derivative works from, and otherwise process Client Data and Client Content as necessary to provide, secure, support, analyze, and improve the Services, comply with law, enforce the Agreement, and create deidentified or aggregated Usage Data.
8.4 Aggregated and deidentified data. Kenso may use Usage Data and deidentified or aggregated data to operate, improve, benchmark, secure, market, and develop the Services, provided that Kenso does not identify Client or disclose Client's Confidential Information except as permitted by the Agreement.
8.5 Kenso Database. The Kenso Database currently includes approximately 250 million business profiles and 24 million companies, but size, coverage, freshness, fields, sources, and availability may fluctuate over time due to refresh, validation, deduplication, removals, source availability, and compliance requirements. Kenso does not guarantee that any data will be complete, current, error-free, or available for a particular Prospect, company, geography, or industry.
8.6 Kenso-Sourced Data license. Kenso-Sourced Data is licensed, not sold, assigned, or transferred. Subject to Client's payment obligations and compliance with the Agreement, Kenso grants Client a limited, non-exclusive, non-transferable, non-sublicensable license to use Kenso-Sourced Data delivered to Client solely for Client's internal B2B sales and marketing purposes.
8.7 Restrictions on Kenso-Sourced Data. Client must not resell, sublicense, publish, scrape, disclose, distribute, transfer, contribute, or make available Kenso-Sourced Data to any third party, except to Client's service providers acting on Client's behalf under confidentiality and compliance obligations. Client must not use Kenso-Sourced Data to build or improve a competing database or service; for consumer marketing; for credit, insurance, housing, employment, education, lending, eligibility, or similar decisions; for sensitive category targeting; for unlawful discrimination; or for any purpose prohibited by Applicable Law, data provider restrictions, or the Agreement.
8.8 Exported data. Client is responsible for all use of exported data after export, including honoring opt-outs, deletion requests, platform restrictions, retention limits, and Applicable Law.
8.9 Feedback. If Client provides feedback, suggestions, ideas, or recommendations, Kenso may use them without restriction or obligation, provided Kenso does not disclose Client's Confidential Information.
8.10 No reverse engineering. Client must not reverse engineer, decompile, disassemble, scrape, crawl, copy, benchmark, or attempt to extract the source code, models, prompts, logic, architecture, or databases of the Services, except to the extent Applicable Law prohibits this restriction.
8.11 Network Signals.
(a) License. Client grants Kenso a worldwide, non-exclusive, royalty-free license to create Network Contributions from Client's Campaign Data and to use them to compute Network Signals, to provide Network Signals to Kenso customers through the Services, and to develop and improve the Services. Client's workspace contributes by default. This license covers Client's Campaign Data from both before and after the date this Section 8.11 takes effect. This license survives termination for Network Contributions that Kenso keeps under Section 19.6.
(b) What other customers see. Kenso makes a Prospect's Network Signals available to a customer only when at least one Kenso customer other than that customer has contacted the Prospect, and only as rates, tags, and counts. Kenso does not disclose to any other customer Client's identity, which customer contacted a Prospect, or Client's messages, replies, senders, Campaigns, or copy. Kenso keeps the link between a Network Contribution and Client's workspace only to provide the Services to Client and to carry out exclusion, deletion, and opt-out requests.
(c) Inference and confidentiality. Client acknowledges that when few Kenso customers have contacted the same Prospect, a customer that also contacted that Prospect may be able to infer the outcome of another customer's outreach to that Prospect from the Network Signals. Kenso's use of Network Contributions and Network Signals as described in this Section 8.11 is not a breach of Section 13.
(d) Exclusion. Client may ask Kenso to exclude Client's workspace from Network Signals by emailing [email protected]. Within fourteen days after confirming the request, Kenso will stop using Client's Network Contributions to compute Network Signals and will stop providing Network Signals to Client's workspace. Exclusion does not reach Network Contributions that were already unlinked from Client under Section 19.6.
(e) How the Services use Network Signals. When Kenso enables Network Signals for Client's workspace, the Services may show them to Client and use them in search, filters, segments, lead scores, AI-drafted replies, and sending decisions such as timing, channel choice, and holding back outreach to a Prospect who has recently received a lot of it, as configured in the Services.
(f) Client's use. Network Signals are Kenso-Sourced Data, and Sections 8.6 and 8.7 apply to them. Client must not use Network Signals, alone or combined with other data, to identify or attempt to identify any other Kenso customer or the outcome of its outreach.
(g) Prospect opt-outs. When a Prospect opts out as described in the Privacy Policy, Kenso deletes that Prospect's Network Contributions and Network Signals and the behavior signals about that Prospect in Client's workspace, as described in the Data Processing Addendum.
(h) No guarantee. Network Signals are statistical estimates, may be incomplete or wrong, and may be changed, limited, or switched off by Kenso at any time. Section 16 applies to them.
(i) Roles. Kenso processes Network Contributions and Network Signals as an independent controller or business, as described in the Data Processing Addendum and the Privacy Policy.
9. AI Features and Generated Content
9.1 AI-assisted Services. Kenso may use AI systems, model providers, model-routing providers, prompt workflows, scoring systems, automation, and human review to generate, evaluate, personalize, classify, rewrite, summarize, and improve Campaign content and workflows.
9.2 Provider restrictions. Where Kenso uses third-party AI providers as subprocessors or service providers, Kenso will use commercially reasonable measures and contractual or platform terms designed to prevent Client Data and Prospect Data submitted through the Services from being used to train those providers' general-purpose base models, except where Client expressly authorizes otherwise.
9.3 Client responsibility. Generated Content may be inaccurate, incomplete, offensive, non-compliant, or unsuitable. Client is responsible for reviewing and approving Generated Content, Client-specific messaging, offers, claims, and target audiences before use, unless Client has authorized Kenso to operate without pre-send approval.
9.4 No guarantee of uniqueness. AI-generated or template-based content may be similar to content generated for others or otherwise available. Kenso does not guarantee exclusivity or uniqueness except for Client-specific Confidential Information.
9.5 Meeting recording and transcription. Client may use the Services, including the Kenso desktop app and calendar integrations, to record, transcribe, and summarize calls and meetings (together with the resulting recordings, transcripts, notes, and summaries, "Meeting Recordings"). The Kenso desktop app does not add a visible participant or bot to the meeting, so other participants may not know a meeting is being recorded unless Client tells them. Client is solely responsible for: (a) giving every participant any notice required by Applicable Law, the meeting platform's terms, and Client's own policies before recording starts; (b) obtaining every consent required by Applicable Law before a meeting is recorded or transcribed, including the consent of all parties where the law of any participant's location requires it; (c) honoring any participant's objection or request to stop recording, and any request to delete or not use a Meeting Recording; and (d) the conduct of its Authorized Users who record meetings. Client must not use the Services to record any meeting where recording is prohibited or where the required notice or consent has not been given. Kenso does not give notice to or obtain consent from meeting participants on Client's behalf, and any recording indicator, reminder, or setting the Services provide is a convenience that does not shift this responsibility to Kenso. Meeting Recordings are Client Data. Notwithstanding Section 8.3, Kenso uses the content of Meeting Recordings only to provide the Services to Client (including the transcripts, notes, summaries, account insights, and follow-up drafts Client requests), to secure and support the Services, and to comply with law. Kenso does not use the content of Meeting Recordings to train AI models, to improve the Services, or to create Usage Data, but may use metadata about them, such as duration, status, and credits used, to operate, bill, and support the Services. Kenso will delete a Meeting Recording, or stop using it, within a commercially reasonable time after Client deletes it in the Services or instructs Kenso in writing to do so, including after a participant objects, except for copies in backups that are overwritten in the ordinary course and copies Kenso must keep to comply with law.
10. Retargeting, Ad Platform Integrations, and Audience Sync
10.1 Optional integrations. If enabled under a Service Agreement or Campaign settings, Kenso may help sync eligible Ad Audience Data to supported advertising platforms, analytics tools, CRM systems, or other Third-Party Services.
10.2 Client authorization and responsibility. Client may only enable or instruct Kenso to use ad platform integrations for data that Client has the legal right and platform-policy right to use for advertising, matching, retargeting, lookalike audience creation, measurement, and related purposes. Client is responsible for all required notices, consents, opt-outs, certifications, platform terms, and privacy policy disclosures.
10.3 Hashed identifiers. Ad Audience Data may include hashed identifiers such as hashed business email addresses. Hashing does not necessarily make data anonymous and such identifiers may still be considered personal information or personal data.
10.4 Platform rules. Client must comply with Meta, Google, LinkedIn, and any other applicable ad platform rules. Kenso may refuse, disable, limit, or suspend any ad integration if Kenso believes it may violate law, platform rules, user rights, or Kenso's risk policies.
10.5 No platform guarantee. Kenso does not guarantee that any ad platform will accept, match, deliver, or maintain any audience, conversion event, or integration.
11. Domains, Inboxes, and Sending Infrastructure
11.1 Kenso-managed infrastructure. Unless a Service Agreement states otherwise, Kenso may purchase, configure, control, operate, rotate, suspend, archive, or retire sending domains, inboxes, DNS records, SMTP infrastructure, IPs, warmup infrastructure, tracking domains, and related systems as part of the subscription.
11.2 Domain ownership. By default, if Kenso purchases domains as part of the subscription, Kenso owns or controls those domains and related infrastructure. If Client wants to own domains, Client must purchase and maintain those domains itself and provide Kenso with the access needed to configure and operate them.
11.3 Client-owned domains. If Client provides Client-owned domains or inboxes, Client grants Kenso permission to configure, access, send from, monitor, warm, rotate, suspend, and otherwise operate them for the Services. Client acknowledges that outbound activity may affect domain, IP, and inbox reputation.
11.4 Sender identity and redirects. Kenso may configure alternative domains to redirect to Client's website and may configure sender names, tracking links, authentication records, and related infrastructure. Client must approve or provide accurate brand and sender information. Kenso will not knowingly operate deceptive sender identities.
11.5 Post-termination infrastructure. Upon termination, Kenso may close, archive, suspend, delete, or repurpose Kenso-owned domains, inboxes, and infrastructure. Kenso is not required to transfer Kenso-owned domains or inboxes unless the applicable Service Agreement expressly requires it. Client-owned domains remain Client's property.
11.6 Optional paid buyout of Kenso-purchased domains. Client may request to buy out and transfer one or more domains that Kenso purchased for Client's Campaigns. Any buyout or transfer is subject to Kenso's written approval, payment of all outstanding amounts, payment of the agreed buyout or transfer fee, registrar requirements, security review, deliverability review, and any third-party restrictions. Unless expressly agreed in writing, a domain buyout transfers only the domain name and does not transfer Kenso's software, inbox infrastructure, sending infrastructure, templates, tracking systems, warmup systems, logs, analytics, suppression records, or other Kenso Materials. Domains are transferred as-is, and Kenso does not guarantee the domain's reputation, deliverability, inbox placement, blacklist status, future performance, or eligibility for any platform after transfer. Kenso may refuse a transfer where Kenso reasonably believes transfer would create legal, security, deliverability, privacy, brand, or operational risk.
11.7 Sending. Email sending is performed using Kenso-operated or Client-connected domains, inboxes, and sending infrastructure. Sending is available on the free tier and paid plans and uses credits as described in Section 5.
12. Privacy, Data Processing, and Security
12.1 Privacy Policy. Kenso's Privacy Policy describes how Kenso collects, uses, discloses, and protects personal information. Client must provide any privacy notices and obtain any consents required for Client's use of the Services.
12.2 Data Processing Addendum. The Data Processing Addendum applies where Kenso processes Client Personal Data as a processor, service provider, or contractor on behalf of Client. The DPA is incorporated into the Agreement.
12.3 Security. Kenso will maintain commercially reasonable administrative, technical, and organizational safeguards designed to protect Client Data. Kenso's safeguards may include access controls, authentication, encryption where appropriate, logging, monitoring, backups, vendor review, and incident response practices. No system is completely secure, and Kenso does not guarantee absolute security.
12.4 Security incidents. Kenso will notify Client of confirmed security incidents involving Client Personal Data as required by the DPA and Applicable Law.
12.5 No certifications. Unless Kenso expressly states otherwise in writing, Kenso does not represent that it currently maintains SOC 2, ISO 27001, or similar third-party certification.
13. Confidentiality and Publicity
13.1 Confidentiality obligations. The receiving party will protect the disclosing party's Confidential Information using at least reasonable care and will use Confidential Information only to perform or receive the Services, exercise rights, comply with law, or enforce the Agreement. The receiving party may disclose Confidential Information to its employees, contractors, advisors, Affiliates, subprocessors, and service providers who need to know it and are bound by confidentiality obligations.
13.2 Exclusions. Confidential Information does not include information that is or becomes public without breach; was known to the receiving party without confidentiality restriction; is independently developed without use of the Confidential Information; is lawfully received from a third party without confidentiality restriction; or is approved for disclosure in writing.
13.3 Compelled disclosure. The receiving party may disclose Confidential Information if required by law, subpoena, court order, or governmental authority, provided it gives the disclosing party prompt notice where legally permitted and reasonably cooperates with efforts to limit disclosure.
13.4 Return or destruction. Upon written request or termination, the receiving party will return or destroy Confidential Information, except that it may retain copies in backups, legal files, compliance records, suppression systems, and archival systems subject to confidentiality obligations.
13.5 Duration. Confidentiality obligations continue for five years after disclosure, except trade secrets remain protected for as long as they remain trade secrets under Applicable Law.
13.6 Publicity. Unless a Service Agreement states otherwise or Client objects in writing, Kenso may identify Client as a customer and use Client's name and logo in customer lists, websites, pitch decks, and marketing materials. Kenso will not publish a case study, testimonial, detailed Campaign strategy, or Client-identifying performance metrics without Client's prior written approval.
13.7 Equitable relief. A breach of confidentiality or intellectual property obligations may cause irreparable harm. The non-breaching party may seek injunctive or equitable relief without posting bond, in addition to other remedies.
14. Acceptable Use and Prohibited Campaigns
14.1 General restrictions. Client must not use the Services, Kenso-Sourced Data, or Deliverables for unlawful, deceptive, abusive, harmful, discriminatory, infringing, or fraudulent purposes.
14.2 Prohibited content and activities. Client must not use the Services for Campaigns or content that involve: (a) illegal products or services; (b) deceptive, false, or misleading claims; (c) phishing, malware, credential harvesting, scams, impersonation, or spoofing; (d) defamatory, harassing, threatening, hateful, or abusive content toward any person, company, competitor, or group; (e) political election, candidate, party, ballot measure, or political persuasion content; (f) adult sexual content, gambling, weapons, controlled substances, tobacco, nicotine, or other highly regulated products unless expressly approved by Kenso; (g) credit, housing, employment, insurance, lending, education admissions, or eligibility decisions; (h) sensitive personal data or sensitive-category targeting; (i) infringement or misappropriation of intellectual property, publicity, or privacy rights; (j) unauthorized scraping or data harvesting; (k) attempts to bypass security, deliverability, rate limits, or compliance controls; or (l) any activity that Kenso reasonably believes presents legal, reputational, security, deliverability, or platform risk.
14.3 Right to refuse content. Kenso may refuse to create, approve, send, host, or support any Campaign, list, copy, segment, audience, domain, sender identity, or content based on its content, target audience, jurisdiction, risk profile, deliverability impact, or suspected violation of the Agreement or Applicable Law.
14.4 Investigations. Kenso may investigate suspected violations and may remove content, disable features, suspend Campaigns, or restrict Account access during an investigation.
15. Third-Party Services
15.1 Use of Third-Party Services. The Services may interoperate with Third-Party Services, including email providers, domain registrars, AI providers, data providers, ad platforms, payment processors, CRM systems, analytics providers, and cloud infrastructure.
15.2 Third-party terms. Client's use of Third-Party Services may be subject to separate terms, policies, permissions, and fees. Kenso is not responsible for Third-Party Services, their availability, their processing, their policies, or their acts or omissions.
15.3 Changes by third parties. Third-Party Services may change, suspend, reject, or discontinue features, integrations, policies, APIs, audiences, accounts, or data. Kenso is not liable for such changes but may attempt commercially reasonable workarounds.
16. Disclaimers and No Guaranteed Results
16.1 As-is. Except as expressly stated in the Agreement, the Services, Platform, Kenso-Sourced Data, Generated Content, Third-Party Services, and Deliverables are provided "as is" and "as available."
16.2 No implied warranties. To the maximum extent permitted by law, Kenso disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and uninterrupted or error-free operation.
16.3 No guaranteed outcomes. Kenso does not guarantee deliverability, inbox placement, open rates, click rates, reply rates, positive reply rates, meetings, pipeline, revenue, conversions, return on investment, data accuracy, ad platform match rates, or any other business outcome. Any benchmarks, averages, case studies, examples, or historical results are informational and are not a promise of future performance.
16.4 No legal compliance guarantee. Kenso provides tools and operational controls to support compliance, but Client is responsible for determining the legality of its Campaigns, data, consents, notices, offers, and target audiences.
17. Indemnification
17.1 Client indemnity. Client will defend, indemnify, and hold harmless Kenso, its Affiliates, and their officers, directors, employees, contractors, agents, and representatives from and against any third-party claims, damages, penalties, fines, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) Client Data, Client Content, Client products, Client services, Client offers, or Client claims; (b) Client's breach of the Agreement; (c) Client's violation of Applicable Law or third-party rights; (d) Client's uploaded lists, suppression lists, consents, notices, legal bases, targeting instructions, or approvals; (e) Campaigns sent or approved based on Client instructions; (f) Client's use of exported data, Kenso-Sourced Data, Generated Content, or Deliverables; (g) Client's use of Third-Party Services or ad platforms; (h) regulated, prohibited, or restricted Campaigns requested or approved by Client; or (i) Meeting Recordings, including any failure to give notice to or obtain consent from meeting participants.
17.2 Kenso indemnity. Kenso will defend Client against any third-party claim alleging that Kenso-owned software or Kenso Materials, as provided by Kenso and used in accordance with the Agreement, directly infringe a U.S. patent, copyright, trademark, or trade secret, and will pay damages finally awarded or settlement amounts approved by Kenso. Kenso has no obligation for claims arising from Client Data, Client Content, Kenso-Sourced Data, Generated Content, Third-Party Services, modifications not made by Kenso, use outside the Agreement, combination with items not provided by Kenso, or Client's continued use after Kenso provides a non-infringing alternative.
17.3 Remedies for infringement. If the Services are or may be subject to an infringement claim, Kenso may, at its option, procure the right to continue providing the Services, modify or replace the Services, or terminate the affected Services and provide a pro rata refund of prepaid unused fees for the terminated portion.
17.4 Procedure. The indemnified party must promptly notify the indemnifying party of the claim, provide reasonable cooperation, and allow the indemnifying party to control defense and settlement. The indemnifying party may not settle a claim in a way that admits fault or imposes non-monetary obligations on the indemnified party without consent, not to be unreasonably withheld.
18. Limitation of Liability
18.1 Exclusion of damages. To the maximum extent permitted by law, neither party will be liable for indirect, incidental, consequential, special, exemplary, punitive, enhanced, or lost-profit damages; loss of revenue; loss of goodwill; loss of data; business interruption; or cost of substitute services, even if advised of the possibility of such damages.
18.2 General cap. Except for excluded claims, each party's total aggregate liability arising out of or relating to the Agreement will not exceed the amounts paid or payable by Client to Kenso under the applicable Service Agreement during the six months before the event giving rise to liability.
18.3 Higher cap for Kenso privacy and security claims. Kenso's total aggregate liability for claims arising from Kenso's breach of the DPA or Kenso's breach of its security obligations will not exceed the amounts paid or payable by Client to Kenso under the applicable Service Agreement during the twelve months before the event giving rise to liability.
18.4 Excluded claims. The caps in Sections 18.2 and 18.3 do not apply to: (a) Client's payment obligations; (b) Client's indemnity obligations; (c) Client's misuse of Kenso-Sourced Data, Kenso Materials, or the Services; (d) a party's breach of confidentiality obligations; (e) a party's infringement or misappropriation of the other party's intellectual property rights; (f) gross negligence, willful misconduct, or fraud; or (g) liability that cannot be limited by law.
18.5 Basis of bargain. The limitations in this Section are fundamental to the Agreement and apply regardless of the legal theory of liability.
19. Suspension, Termination, Export, and Retention
19.1 Suspension. Kenso may suspend or limit Services immediately if Kenso reasonably believes: (a) Client has breached the Agreement; (b) payment is overdue; (c) a Campaign, list, content, instruction, integration, domain, or Account may violate Applicable Law, platform rules, third-party terms, deliverability standards, security requirements, or the Agreement; (d) Client's use creates risk to Kenso, other clients, infrastructure, reputation, or deliverability; or (e) suspension is required by law or a third party.
19.2 Termination for convenience. Either party may terminate a Service Agreement according to the termination and notice terms in that Service Agreement. If no termination period is stated, either party may terminate renewal by written notice before the next renewal date.
19.3 Termination for cause. Either party may terminate the Agreement or affected Services if the other party materially breaches and fails to cure within fourteen days after written notice. Kenso may terminate immediately for non-payment, unlawful use, prohibited campaigns, security risks, data misuse, or conduct that cannot reasonably be cured.
19.4 Effect of termination. Upon termination, Client must pay all outstanding fees, including fees for Services performed, the full fees for any non-cancellable billing period, and any performance fees or post-termination fees stated in the Service Agreement. Kenso may stop Campaigns, disable access, suspend integrations, and archive or delete workspace data according to this Section.
19.5 Export window. Unless the Service Agreement states otherwise, Client may request an export of available Client Data and Campaign exports before termination or within fourteen days after the effective termination date. After that period, Kenso is not obligated to provide exports and may archive or delete data according to its retention practices.
19.6 Retention after termination. After termination or cancellation, Kenso may archive data and may delete or make unavailable active copies of uploaded lead lists, replies, inboxes, Kenso-Sourced Data delivered to Client, workspace-level opt-out lists, Campaign analytics, and related workspace data after fourteen days. Kenso may retain billing records, tax records, legal records, security logs, backup copies, deidentified or aggregated data, meeting attribution records, and minimal Suppression Data as needed for compliance, dispute resolution, security, fraud prevention, legal obligations, or enforcement of the Agreement. When Client's workspace is deleted, or Client's data retention settings purge contacts, Kenso removes every link between the affected Network Contributions and Client (Client's account, contacts, Campaigns, inboxes, sending accounts, and messages), deletes the behavior signals computed for Client's workspace, and may keep the unlinked Network Contributions to compute Network Signals for up to thirty-six months after the touch each one records. Kenso keeps no record that links an unlinked Network Contribution to Client, apart from backups overwritten in the ordinary course.
19.7 Survival. Sections relating to fees, payment, data licenses and restrictions, intellectual property, confidentiality, disclaimers, indemnification, limitations of liability, dispute resolution, retention, and any provisions that by nature should survive will survive termination.
20. Changes to These Terms
20.1 Updates. Kenso may update these Terms from time to time by posting an updated version on its website or providing notice through the Services, email, or other reasonable means.
20.2 Material changes. Material changes will take effect on the date stated in the notice or, if no date is stated, thirty days after notice. Changes required by law, security, or third-party terms may take effect immediately.
20.3 Continued use. Continued use of the Services after changes take effect constitutes acceptance. If Client does not agree to material changes, Client must stop using the Services and may terminate renewal as permitted by the applicable Service Agreement.
21. Governing Law and Dispute Resolution
21.1 Governing law. The Agreement is governed by the laws of the State of Delaware, without regard to conflict-of-law rules.
21.2 Good-faith escalation. Before initiating arbitration, a party must provide written notice describing the dispute and allow thirty days for good-faith business escalation, unless the party seeks injunctive relief or the dispute involves confidentiality, intellectual property, security, data misuse, non-payment, or urgent harm.
21.3 Arbitration. Any dispute arising out of or relating to the Agreement will be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted by one arbitrator. The legal seat of arbitration will be Wilmington, Delaware. Hearings may be conducted remotely unless the arbitrator requires otherwise. The language of arbitration will be English.
21.4 Courts for support and enforcement. The state and federal courts located in Delaware will have exclusive jurisdiction over actions to compel arbitration, enforce an arbitration award, seek injunctive or equitable relief, or address claims not subject to arbitration. Each party consents to personal jurisdiction and venue in those courts.
21.5 Small claims. Either party may bring an individual claim in small claims court if the claim qualifies and remains only in that court.
21.6 Class action waiver. Disputes must be brought only on an individual basis. Neither party may bring or participate in a class, collective, consolidated, private attorney general, or representative action, except where this waiver is prohibited by law.
21.7 Jury trial waiver. To the extent any dispute proceeds in court, each party knowingly waives any right to a jury trial.
21.8 Injunctive relief. Either party may seek injunctive or equitable relief in court for actual or threatened misuse of intellectual property, Confidential Information, data, security credentials, or the Services.
22. General Terms
22.1 Notices. Kenso may provide notices by email, through the Platform, by posting to the website, or by other reasonable means. Notices to Kenso must be sent to [email protected] and, for legal notices, to Ken Technology, LLC dba Kenso, 131 Continental Dr, Suite 305, Newark, DE 19713, United States, unless Kenso designates another address.
22.2 Assignment. Client may not assign or transfer the Agreement without Kenso's prior written consent. Kenso may assign the Agreement to an Affiliate or in connection with a merger, acquisition, financing, reorganization, or sale of assets. Any prohibited assignment is void.
22.3 Force majeure. Neither party is liable for delay or failure to perform due to events beyond its reasonable control, including acts of God, natural disasters, labor disputes, internet or telecommunications failures, cloud provider outages, third-party platform changes, cyberattacks, war, terrorism, civil unrest, government action, sanctions, epidemics, or power failures.
22.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.
22.5 No waiver. Failure to enforce a provision is not a waiver. Waivers must be in writing and signed by the waiving party.
22.6 Independent contractors. The parties are independent contractors. The Agreement does not create a partnership, joint venture, agency, fiduciary, employment, or franchise relationship.
22.7 Export controls and sanctions. Client must not use the Services in violation of export control or sanctions laws, or for the benefit of restricted parties or embargoed jurisdictions.
22.8 Entire agreement. The Agreement is the entire agreement between the parties regarding its subject matter and supersedes prior or contemporaneous agreements, proposals, representations, and understandings regarding that subject matter.
22.9 Contact. Questions about these Terms may be sent to [email protected].