Terms of Service

1. Acceptance of Terms

By accessing and using the KYFEX website at kyfex.com (“the Website”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use the Website.

KYFEX may update these Terms from time to time. When we make material changes, we will post the updated Terms on this page and update the “last updated” date. Continued use of the Website after the updated Terms become effective constitutes acceptance of those changes.

2. Description of Services

KYFEX provides AI systems delivery, fractional CTO/CAIO leadership, data platform engineering, and embedded product engineering teams. The Website serves as an informational resource about our services, published content, and a means to schedule consultations.

3. Use of the Website

You agree to use the Website only for lawful purposes and in a manner that does not:

• Violate any applicable local, state, national, or international law or regulation
• Infringe on the rights of others, including intellectual property rights
• Attempt to gain unauthorized access to any portion of the Website or its systems
• Interfere with the proper functioning of the Website
• Transmit any malware, viruses, or other harmful code
• Use automated tools (bots, scrapers) to access the Website without our written permission, except for public search engines indexing the Website in accordance with our robots.txt directives and reasonable crawling practices
• Impersonate any person or entity

4. User Submissions and Confidentiality

If you submit information through forms, booking flows, the chatbot, email, or other Website features, you represent that you have the right to provide that information. You grant KYFEX a non-exclusive right to use, process, store, and transmit that information as needed to operate the Website, respond to your inquiry, evaluate a potential engagement, improve our services, and comply with law.

Do not submit confidential, proprietary, regulated, sensitive, or client-owned information through the Website unless KYFEX has separately agreed in writing to receive it under an appropriate confidentiality agreement. Website submissions do not create a confidential, fiduciary, advisory, or professional relationship.

Our collection and handling of personal information is described in our Privacy Policy, including retention periods, cookie choices, chatbot data handling, and your privacy rights.

5. Intellectual Property

All content on the Website (including text, graphics, logos, images, videos, code snippets, and the KYFEX name and brand) is the property of KYFEX or its content creators and is protected by copyright and trademark laws.

You may not reproduce, distribute, modify, or create derivative works from any content on the Website without our prior written consent. Limited personal, non-commercial use (such as reading blog posts or watching videos) is permitted.

6. Booking and Consultations

Scheduling a call through our Website (via Zoom) does not create a binding contract for services. It is an opportunity for both parties to discuss potential collaboration.

Any engagement for paid services will be governed by a separate service agreement or statement of work executed by both parties.

7. Newsletter

By subscribing to our newsletter, you consent to receive periodic emails about AI engineering, product development, and KYFEX updates. You can unsubscribe at any time using the link in any newsletter email.

Newsletter subscriptions, contact forms, booking flows, cookie preferences, and related communications are handled as described in our Privacy Policy.

8. AI Chatbot

Our Website may include an AI-powered chatbot to help answer questions about our services. The chatbot is provided for informational purposes only. Its responses do not constitute professional, legal, financial, security, compliance, or other specialized advice; do not create a binding offer; and do not guarantee service availability, suitability, accuracy, completeness, or reliability.

You are responsible for independently evaluating chatbot responses before relying on them or making business, technical, legal, compliance, or security decisions. Do not share sensitive, confidential, proprietary, regulated, client-owned, or personally identifiable information through the chatbot.

9. Third-Party Links

The Website may contain links to third-party websites and services (such as YouTube, LinkedIn, Medium, and Zoom). We are not responsible for the content, privacy policies, or practices of these third-party sites. Visiting these links is at your own risk.

10. Age Restrictions

The Website is not directed to children under 16. You may not use the Website, subscribe to the newsletter, submit forms, book consultations, or use the chatbot if you are under 16.

11. Disclaimer of Warranties

The Website and its content are provided “as is” and “as available” without warranties of any kind, either express or implied. KYFEX does not warrant that the Website will be uninterrupted, error-free, or free of harmful components.

While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, or reliability of any content on the Website.

12. Limitation of Liability

To the fullest extent permitted by law, KYFEX shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Website. This includes, without limitation, damages for loss of profits, data, or other intangible losses.

To the fullest extent permitted by law, KYFEX's total aggregate liability for claims arising out of or relating to the Website or these Terms will not exceed US $100. These Website Terms do not limit or expand any liability terms agreed in a separate written service agreement or statement of work executed by KYFEX and a client.

13. Indemnification

You agree to indemnify, defend, and hold harmless KYFEX, its officers, employees, and agents from and against any claims, liabilities, damages, losses, or expenses arising out of your use of the Website or violation of these Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles. Any dispute arising from these Terms or your use of the Website shall be resolved exclusively in the state or federal courts located in San Francisco County, California, and you consent to personal jurisdiction and venue in those courts.

15. Intellectual Property Notices

If you believe content on the Website infringes your copyright, trademark, or other intellectual property rights, contact us at info@kyfex.com with enough detail for us to identify the content and evaluate your request.

16. Severability

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

17. Contact

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

• Email: info@kyfex.com
• Website: kyfex.com