Terms of Service

1. Agreement to Terms

By accessing or using Kimidly's services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this service.

2. Service Description

Kimidly provides AI-powered SEO gap analysis tools and services through a Software-as-a-Service (SaaS) platform. We offer various subscription plans including a free trial period. Features and limitations vary by plan as described on our Pricing page.

3. Account Registration and Eligibility

To use our services, you must:

• Be at least 18 years of age
• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities that occur under your account

You agree to notify us immediately of any unauthorized use of your account.

4. Subscription Plans and Free Trial

Kimidly offers a 14-day free trial with full access to all features. No credit card is required to start your trial. At the end of the trial period, you may choose to subscribe to a paid plan or your account will revert to limited access.

Free trials are limited to one per user or organization. We reserve the right to refuse free trial access to users who have previously subscribed or who we determine in our sole discretion to be abusing the trial offer.

5. Billing and Payment Terms

5.1 Payment Authorization: By subscribing to a paid plan, you authorize Kimidly LLC to charge your designated payment method for all fees associated with your subscription.

5.2 Billing Cycle: Subscriptions are billed on a monthly or annual basis, as selected at the time of purchase. Billing occurs automatically on the anniversary of your subscription start date.

5.3 Payment Methods: We accept major credit cards, debit cards, and other payment methods as displayed during checkout. All payments are processed securely through industry-standard payment processors.

5.4 Failed Payments: If a payment fails, we will attempt to process the payment again. After multiple failed attempts, your account may be suspended or downgraded until payment is received.

5.5 Price Changes: Kimidly LLC reserves the right to modify subscription prices. We will provide at least 30 days' advance notice of any price changes. Continued use of the service after the price change becomes effective constitutes your agreement to pay the modified amount.

5.6 Taxes: All fees are exclusive of applicable federal, state, local, or foreign taxes. You are responsible for all applicable taxes, and we will charge tax when required to do so.

6. Cancellation and Refunds

6.1 Cancellation: You may cancel your subscription at any time from your account settings or by contacting our support team at support@kimidly.net. Upon cancellation, you will continue to have access to paid features through the end of your current billing period.

6.2 Refund Policy: We offer a 30-day money-back guarantee for first-time subscribers. If you are not satisfied with our service, you may request a full refund within 30 days of your initial subscription purchase. Refunds are not available for subscription renewals.

6.3 Refund Processing: Approved refunds will be processed within 7-10 business days and will be credited to the original payment method.

For complete details, please review our Cancellation & Refund Policy.

7. Acceptable Use Policy

You agree not to use Kimidly to:

• Violate any applicable laws or regulations
• Infringe upon the intellectual property rights of others
• Transmit any malicious code, viruses, or harmful software
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the service or servers
• Use automated systems to scrape or collect data from the service
• Resell or redistribute our service without written permission
• Use the service for any fraudulent or deceptive purposes

Violation of this Acceptable Use Policy may result in immediate termination of your account.

8. AI Accuracy Disclaimer

While our AI-powered analysis tools are designed to provide accurate and actionable insights, we make no guarantees regarding the accuracy, completeness, or reliability of AI-generated analyses. SEO results depend on numerous factors beyond our control, including search engine algorithm changes, competitor actions, and market conditions. You acknowledge that all recommendations should be independently evaluated before implementation.

9. Intellectual Property Rights

9.1 Your Content: You retain all intellectual property rights to your content and data. By using our service, you grant us a limited license to process, store, and analyze your data solely for the purpose of providing our services to you.

9.2 Our Property: The Kimidly platform, including its AI algorithms, software, user interface, trademarks, logos, and all related intellectual property, remains the exclusive property of Kimidly LLC. You may not copy, modify, distribute, or create derivative works based on our platform.

10. Data Privacy and Security

We take data security seriously and implement industry-standard security measures to protect your data. Our collection, use, and protection of personal data is governed by our Privacy Policy, which forms part of these Terms of Service. We comply with applicable data protection laws, including GDPR where applicable.

11. Service Availability and Support

11.1 Uptime: We strive to maintain 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be announced in advance when possible.

11.2 Support: Support is provided via email at support@kimidly.net. Response times vary by subscription plan. Enterprise customers receive priority support.

12. Limitation of Liability

To the maximum extent permitted by law, Kimidly LLC and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, resulting from:

• Your use or inability to use Kimidly
• Any errors or inaccuracies in AI-generated analyses
• Any actions taken based on our recommendations
• Any unauthorized access to or use of our servers or data
• Any interruption or cessation of service
• Any bugs, viruses, or other harmful code transmitted through our service

Our total liability to you for all claims arising from or related to the service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless Kimidly LLC and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising from your use of the service, your violation of these Terms, or your violation of any rights of another party.

14. Termination

14.1 By You: You may terminate your account at any time as described in Section 6.

14.2 By Us: We reserve the right to suspend or terminate your account immediately, without prior notice, for conduct that we believe violates these Terms, is harmful to other users, or is otherwise harmful to our business interests or reputation.

15. Dispute Resolution

15.1 Informal Resolution: If you have a dispute with Kimidly, please contact us first at support@kimidly.net to attempt to resolve the issue informally.

15.2 Arbitration: Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration will take place in Albuquerque, New Mexico.

15.3 Class Action Waiver: You agree that any arbitration or legal proceeding shall be limited to the dispute between you and Kimidly individually. You waive any right to participate in class action lawsuits or class-wide arbitration.

16. Governing Law and Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of the State of New Mexico, United States of America, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Albuquerque, New Mexico, and you hereby consent to personal jurisdiction and venue therein.

17. Changes to Terms

We reserve the right to modify these Terms of Service at any time. We will provide notice of significant changes by posting the new Terms on this page and updating the "Last updated" date. Continued use of Kimidly after changes become effective constitutes acceptance of the modified terms. We encourage you to review these Terms periodically.

18. Severability

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

19. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices published by us on the service, constitute the entire agreement between you and Kimidly LLC concerning the service and supersede all prior agreements and understandings.