Terms of Service (Commercial)

Effective Date: January 04, 2026

1. Agreement Structure

These Terms of Service ("Terms") strictly govern the use of KineticMCP ("Software"), a proprietary enterprise software product provided by the KineticMCP Team ("Licensor"). By purchasing, downloading, or installing the Software, you ("Licensee" or "Customer") agree to be bound by these Terms. These Terms typically work in conjunction with your specific Enterprise Order Form or Master Services Agreement (MSA).

2. Proprietary Rights & Closed Source

The Software is NOT open source. It is a proprietary, confidential commercial product protected by international copyright laws and trade secret treaties.

• No Copying: You may not copy, distribute, or resell the Software.
• No Reverse Engineering: You are strictly prohibited from reverse engineering, decompiling, disassembling, or attempting to derive the source code of the Software.
• Ownership: Licensor retains all right, title, and interest in and to the Software, including all intellectual property rights therein.

3. Commercial License Grant

Subject to payment of applicable fees, Licensor grants Licensee a non-exclusive, non-transferable, limited license to install and run the Software on Licensee's self-hosted infrastructure solely for Licensee's internal business operations. This license is tied to the specific "Founding Partner" or "Enterprise" tier purchased.

4. Disclaimer of Liability for AI Actions

The Software facilitates connections between Salesforce and Third-Party AI Models. You acknowledge that:

1. AI Hallucinations: AI models can be unpredictable and may generate incorrect or harmful output ("Hallucinations"). Licensor is not responsible for the nature, quality, or accuracy of the generated outputs.
2. Human in the Loop: You are solely responsible for reviewing and verifying any actions (e.g., database writes, emails sent) proposed or taken by the Software.
3. No Liability: Licensor shall NOT be liable for data loss, business interruption, or damages resulting from actions taken by AI agents connected via the Software.

5. Zero Data Retention & Security

The Software is designed as a Stateless architecture. It acts exclusively as an encrypted tunnel for data transit between your Salesforce instance and LLM providers. Licensor guarantees that:

• It does not store, record, or persist any business data (Customer Data) on its own servers.
• It does not use customer data for training its own models.
• All API keys and credentials reside exclusively on the Customer's infrastructure.

6. Enterprise Liability Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING LOSS OF REVENUE OR DATA). LICENSOR'S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY LICENSEE TO LICENSOR IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

7. Salesforce Integration Disclaimer

The Software is an independent tool. "Salesforce" is a trademark of Salesforce, Inc. This Software is not endorsed by, affiliated with, or supported by Salesforce, Inc. Licensee represents that it has the necessary rights and permissions to access the Salesforce instances connected to the Software.

Licensor is not responsible for unilateral changes to Salesforce APIs, rate limits, or changes to license costs imposed by Salesforce Inc. that may impact the functionality of the Software.

8. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the jurisdiction specified in your Order Form or invoices. Any disputes related to intellectual property theft or reverse engineering will be pursued to the fullest extent of the law globally.