KEN-EKEN-E

Terms of Service

Last updated: June 10, 2026

These Terms of Service (the "Terms") are a binding agreement between KEN-E, LLC ("KEN-E," "we," "us") and the customer accepting them ("Customer," "you"). They govern your access to and use of the KEN-E platform at app.ken-e.ai, including its AI agents, integrations, dashboards, automations, and related services (collectively, the "Service").

By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you accept on behalf of an organization, you represent that you have authority to bind that organization, and "Customer" means that organization. If you do not agree, do not use the Service.

Our Privacy Policy describes how we handle personal information and forms part of these Terms.

1. The Service

KEN-E is an AI-powered marketing analysis platform. The Service uses artificial-intelligence systems — including large language models — to analyze your marketing data, answer questions, and generate reports, forecasts, strategies, dashboards, and other content. When you chat with KEN-E, you are interacting with an AI system, not a human.

We may improve, modify, or add to the Service over time. We will not materially degrade the core functionality of your paid plan during a subscription period without notice.

2. Eligibility and Accounts

You must be at least 18 years old and capable of forming a binding contract to use the Service.

You must provide accurate registration information and keep it current. You are responsible for safeguarding your credentials and for all activity under your account. Notify us immediately at legal@ken-e.ai of any unauthorized use. We are not liable for losses arising from credential compromise that is not our fault.

3. Organizations, Administrators, and Members

The Service supports multi-user organizations. An organization's administrators can invite and remove members, assign roles, manage integrations, view organization-wide usage, and manage the subscription. Members can use the Service within the organization's workspace.

If you use the Service through an organization: (a) the organization is the Customer and controls the workspace, including Customer Data in it; (b) administrators may access, manage, export, and delete content in the workspace and see your usage activity; and (c) these Terms apply to you as a user, and the organization is responsible for its users' compliance. When an administrator invites a teammate by email, the administrator confirms it has the right to provide that email address for that purpose.

4. Subscriptions, Billing, and Usage

4.1 Plans and token allowances. The Service is offered on a free plan and paid subscription plans. Each plan includes a monthly allowance of AI usage measured in tokens. Token consumption is measured by KEN-E's internal usage meter, which is authoritative for billing and enforcement purposes. Current plans, prices, and allowances are described in the Service.

4.2 Payment and auto-renewal. Paid subscriptions are billed in advance through our payment processor, Stripe, and renew automatically at the end of each billing period until canceled. You authorize recurring charges to your payment method. You may cancel at any time in Settings → Subscription; cancellation takes effect at the end of the current billing period, and you retain access until then.

4.3 Plan changes. Upgrades take effect immediately, with the price difference prorated by Stripe and your token allowance increased at once. Downgrades take effect at the end of the current billing period; your existing allowance is not reduced mid-period.

4.4 Exceeding your allowance. If your organization exhausts its monthly token allowance, AI features may be paused until the allowance resets at the start of the next monthly period or you upgrade. We provide in-product and email notices as you approach and reach your limit.

4.5 Payment failure. If a renewal payment fails, we will notify you and retry the charge. If payment is not collected after the retry period, we may suspend access to paid features until payment succeeds. Access is restored automatically on successful payment.

4.6 Price changes. We may change prices with at least 30 days' notice; changes apply from your next billing period. If you do not agree, cancel before the change takes effect.

4.7 Taxes. Prices exclude taxes. You are responsible for applicable sales, use, VAT, GST, and similar taxes, which Stripe may calculate and collect.

4.8 Refunds. Except where required by law, fees are non-refundable and there are no credits for partial periods or unused tokens. If you are a consumer in a jurisdiction granting a statutory withdrawal ("cooling-off") right, you may have the right to withdraw within 14 days of purchase; by requesting immediate access to the Service you consent to immediate performance and acknowledge that the withdrawal right is lost once the service is fully performed, or is subject to a deduction for use, as provided by your local law. Nothing in these Terms limits non-waivable consumer rights.

5. Customer Data

5.1 Ownership. As between the parties, you own your Customer Data — the content you submit to the Service, including chat inputs, business and marketing data, documents, skills you author, and data retrieved from third-party accounts you connect.

5.2 License to us. You grant KEN-E a limited, non-exclusive, worldwide license to host, copy, process, transmit, and display Customer Data solely to provide, secure, and support the Service and as otherwise instructed by you. This includes processing by the AI model providers and subprocessors identified in our Privacy Policy and DPA.

5.3 No AI training. We do not use your Customer Data to train or improve generalized AI or machine-learning models, and our model providers are contractually restricted from doing so. Operational records (such as usage metering and quality-monitoring traces) are used only as described in the Privacy Policy.

5.4 Your responsibilities. You are responsible for the accuracy and legality of Customer Data and warrant that you have all rights, consents, and authority needed to submit it and to connect any third-party account — including, where Customer Data contains personal information about others (such as data subjects in your analytics), an appropriate legal basis for our processing of it on your behalf.

5.5 Data protection. Where we process personal information in Customer Data, we do so as your processor/service provider under our Data Processing Addendum, available at legal@ken-e.ai and incorporated into these Terms for customers requiring it.

6. Third-Party Integrations

The Service lets you connect third-party accounts, such as Google Analytics, via OAuth. Your use of any third-party service through KEN-E remains subject to that third party's own terms and policies (for Google Analytics, the Google Terms of Service and Google Analytics terms). You may disconnect an integration at any time; disconnection deletes our stored access tokens, while previously generated analyses remain in your workspace.

Third-party services are outside our control. We are not responsible for third-party services, including their availability, API changes, data accuracy, or any suspension of your third-party account, and an integration's availability in KEN-E is not a guarantee it will remain available. Our use of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements, as described in our Privacy Policy.

7. AI Features and Output

7.1 Ownership of output. As between the parties and to the extent permitted by law, you own the output the Service generates for you from your inputs ("Output"). Because AI models can produce similar results for similar inputs, Output may not be unique to you, and we make no promise of exclusivity.

7.2 Accuracy disclaimer. AI-generated Output is probabilistic and may be inaccurate, incomplete, outdated, or misleading notwithstanding its confident presentation. You must review Output and independently verify it before relying on it or acting on it.

7.3 No professional advice. Output — including forecasts, budget recommendations, targets, and strategy documents — is provided for informational purposes only and is not financial, legal, accounting, or other professional advice. Business decisions, including marketing-spend decisions, are yours alone.

7.4 Your use of Output. You are responsible for your use and publication of Output, including ensuring it complies with applicable law (for example, advertising and consumer-protection rules) and does not infringe third-party rights.

8. Skills and Code Execution

The Service allows you to author "skills," which may include code that the Service executes in a sandboxed environment. You are solely responsible for code you author or upload. You must not submit code that is malicious, attempts to escape or probe the sandbox, accesses data you are not authorized to access, or consumes resources abusively. We may inspect, limit, or disable skills that violate these Terms or threaten the Service.

9. Acceptable Use

You agree not to, and not to permit anyone to:

  • use the Service in violation of applicable law, or to infringe or misappropriate anyone's rights;
  • use the Service to create, train, or improve a competing product or a competing AI model, or access it to benchmark for a competitor;
  • resell, sublicense, or provide the Service to third parties except to your organization's authorized users;
  • attempt to extract model weights, system prompts, or non-public components of the Service; circumvent usage limits, metering, or security controls; or probe or disrupt the Service's infrastructure;
  • use the Service to generate deceptive, fraudulent, or unlawful marketing content, or to mislead others that AI Output is human-authored where disclosure is required by law;
  • upload malware or use automated means to scrape the Service;
  • share account credentials or misrepresent your identity or affiliation.

We may suspend access immediately for violations that threaten the Service, other customers, or third parties (see Section 15.3).

10. KEN-E Intellectual Property; Feedback; Service Data

The Service — including its software, agents, models and orchestration, interfaces, documentation, and branding — is owned by KEN-E and its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription in accordance with these Terms. No rights are granted except as expressly stated.

If you give us feedback or suggestions, we may use them without restriction or obligation.

We may collect and use aggregated, de-identified usage statistics (which never identify you and never include Customer Data content or any data received from Google APIs) to operate and improve the Service.

11. Confidentiality

Each party may receive non-public information from the other that is marked confidential or that reasonably should be understood as confidential ("Confidential Information" — for you, including Customer Data; for us, including non-public Service features and pricing). The receiving party will use Confidential Information only to perform under these Terms, protect it with at least reasonable care, and not disclose it except to personnel and contractors under equivalent obligations, or as required by law (with notice where lawful). These obligations survive for three years after termination, and indefinitely for Customer Data and trade secrets.

12. Beta Features

We may offer features identified as alpha, beta, preview, or experimental. Beta features are provided as-is, may change or be discontinued at any time, may be subject to additional terms, and are excluded from any warranties and commitments in these Terms.

13. Warranties and Disclaimers

We warrant that the Service will perform materially in accordance with its documentation under normal use. Your exclusive remedy for breach of this warranty is that we will use reasonable efforts to correct the non-conformity, or, if we cannot, you may terminate the affected subscription and receive a pro-rata refund of prepaid, unused fees.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEN-E DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY THAT OUTPUT WILL BE ACCURATE, COMPLETE, OR RELIABLE, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU; CONSUMERS RETAIN ALL NON-WAIVABLE STATUTORY RIGHTS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; AND (b) EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO KEN-E IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY (OR US $100 IF CUSTOMER IS ON THE FREE PLAN).

These limits do not apply to: a party's indemnification obligations under Section 16; a party's breach of Section 11 (Confidentiality); Customer's payment obligations; either party's gross negligence, fraud, or willful misconduct; or any liability that cannot be limited by law. If you are a consumer, nothing in this section limits liability for death or personal injury caused by negligence or any other liability that may not be limited under your local law.

WITHOUT LIMITING THE FOREGOING, KEN-E IS NOT LIABLE FOR BUSINESS DECISIONS MADE, OR CONTENT PUBLISHED, IN RELIANCE ON AI OUTPUT THAT YOU DID NOT INDEPENDENTLY VERIFY.

15. Term, Termination, and Suspension

15.1 Term. These Terms apply from your first acceptance and continue while you have an account.

15.2 Termination. You may stop using the Service and delete your account at any time (administrators may delete an organization). Either party may terminate for material breach not cured within 30 days of written notice. We may terminate free accounts, or accounts inactive for an extended period, on reasonable notice.

15.3 Suspension. We may suspend access immediately, with notice where practicable, for: non-payment (Section 4.5), exceeded usage limits (Section 4.4), a security threat to the Service or others, suspected violation of Section 8 or 9, or as required by law. We will restore access promptly once the cause is resolved.

15.4 Effect of termination; data export. Upon termination or expiration, your right to use the Service ends. For 30 days after termination, you may request an export of your Customer Data (chat exports are also available in-product before closure); after that window, we will delete Customer Data from our systems in accordance with the Privacy Policy, except for records we must retain by law. Sections that by their nature should survive (including 5.1, 7, 10, 11, 13, 14, 16, 17, and 18) survive termination.

16. Indemnification

16.1 By KEN-E. We will defend Customer against third-party claims alleging that the Service (excluding Customer Data, Output, and third-party services) infringes a patent, copyright, or trademark, or misappropriates a trade secret, and will pay resulting damages and reasonable costs finally awarded or agreed in settlement — provided Customer promptly notifies us, lets us control the defense, and reasonably cooperates. If the Service is enjoined, we may modify it, procure rights, or terminate the affected subscription with a pro-rata refund. This obligation does not cover Output as such, claims arising from Customer Data, combinations with materials we did not supply, or use in violation of these Terms. This section states our entire liability for infringement.

16.2 By Customer. Customer will defend KEN-E against third-party claims arising from Customer Data, skills or code Customer submits, Customer's use of Output, or Customer's breach of Section 5.4, 6, or 9, and will pay resulting damages and reasonable costs finally awarded or agreed in settlement, with the same notice, control, and cooperation conditions. This subsection does not apply to individual consumers; consumers remain responsible for their own violations of law and of these Terms.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of [STATE], excluding its conflict-of-laws rules. The parties will first attempt in good faith to resolve any dispute informally by notice to legal@ken-e.ai (or to you by email) and 30 days of discussion. Failing that, disputes will be resolved exclusively in the state or federal courts located in [COUNTY, STATE], and each party consents to their jurisdiction. Each party waives its right to a jury trial, and disputes must be brought in the parties' individual capacities and not as a class action, to the extent permitted by law. If you are a consumer, you retain any right under the mandatory law of your country of residence to bring proceedings in your local courts and to the protections of that law, and nothing in this section deprives you of those rights.

[NOTE FOR COUNSEL: consider whether to substitute a binding-arbitration clause with consumer opt-out.]

18. General

  • Changes to these Terms. We may update these Terms from time to time. For material changes we will give at least 30 days' notice by email or in-product notice; changes apply prospectively from the effective date, and your continued use after that date constitutes acceptance. If you do not agree, stop using the Service and cancel before the changes take effect.
  • Publicity. With Customer's prior consent (or per an order form), we may identify Customer by name and logo as a customer. Customer may withdraw consent at any time at legal@ken-e.ai.
  • Assignment. Neither party may assign these Terms without the other's consent, except either party may assign them in connection with a merger, acquisition, or sale of substantially all assets, with notice.
  • Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
  • Export and sanctions. You may not use the Service in violation of export-control or sanctions laws, and you represent you are not located in an embargoed jurisdiction or on a restricted-party list.
  • Notices. We may give notice by email to your account address or in-product; you may give notice to legal@ken-e.ai or by mail to KEN-E, LLC, [COMPANY ADDRESS].
  • Entire agreement; severability; waiver. These Terms (with the Privacy Policy, DPA where applicable, and any order form) are the entire agreement and supersede prior agreements on this subject. If a provision is unenforceable, the remainder stays in effect. A failure to enforce a provision is not a waiver. In case of conflict, a signed order form prevails, then the DPA (for data-protection matters), then these Terms.

19. Contact

  • Legal: legal@ken-e.ai
  • Privacy: privacy@ken-e.ai
  • Mail: KEN-E, LLC, [COMPANY ADDRESS]