Terms Of Service

Please read these Terms of Service ("Terms") carefully before using the services offered by Kampso ("Kampso," "we," "us," or "our"). These Terms govern your access to and use of the Kampso platform, website at kampso.com (the "Website"), and all related services (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" and "your" refer to that organization.

IMPORTANT: These Terms contain an arbitration clause and class-action waiver in Section 14. Please read it carefully, as it affects your legal rights, including your right to file a lawsuit in court and to have claims heard by a jury or participate in a class action.

If you do not agree to these Terms, do not access or use the Services.

1. Definitions

"Account" means your registered account on the Kampso platform.
"Authorized Users" means your employees, contractors, or agents who are authorized by you to access and use the Services under your Account.
"Customer Data" means all data, content, contact lists, email templates, campaign configurations, and other information that you or your Authorized Users submit to, upload to, or generate through the Services. Customer Data does not include Usage Data.
"Contact Data" means information about third-party individuals or businesses that you upload to or manage through the Services, including names, email addresses, phone numbers, company information, and job titles.
"End Users" means your clients or customers who access the Services through your white-label implementation, if applicable.
"Order Form" means any ordering document, subscription page, or checkout process through which you purchase a subscription to the Services.
"Platform" means the Kampso software application, including all features, tools, APIs, integrations, and related technology.
"Subscription Fee" means the fees payable by you for your subscription to the Services as set forth in your Order Form or subscription selection.
"Usage Data" means data and information related to your use of the Services that we collect automatically, including system performance data, usage statistics, feature utilization metrics, and aggregate analytics. Usage Data does not include Customer Data.

2. Eligibility

To use the Services, you must:

(a) Be at least 18 years of age;

(b) Be able to form a binding contract with Kampso;

(d) Be using the Services for business-to-business purposes. The Services are not intended for business-to-consumer marketing or personal use.

By using the Services, you represent and warrant that you meet all eligibility requirements.

3. Account Registration and Security

3.1 Registration. To access the Services, you must create an Account by providing accurate, current, and complete information. You agree to update your Account information to keep it accurate, current, and complete.

3.2 Account Security. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must immediately notify us at [EMAIL] of any unauthorized use of your Account or any other breach of security.

3.3 Authorized Users. You are responsible for ensuring that your Authorized Users comply with these Terms. Any act or omission by an Authorized User that would constitute a breach of these Terms if performed by you shall be deemed a breach by you.

3.4 Account Sharing. You may not share your Account credentials or allow multiple individuals to use the same Account login unless your subscription plan expressly permits multiple Authorized Users.

4. Subscription, Billing, and Cancellation

4.1 Subscription Plans. The Services are offered on a subscription basis. The features, limitations, and pricing of your subscription are described in your Order Form or on our pricing page at the time of purchase.

4.2 Billing. You agree to pay all Subscription Fees in accordance with the billing terms in effect at the time the fee is due. All fees are quoted and payable in U.S. dollars unless otherwise specified. You authorize us to charge your designated payment method for all applicable fees.

4.3 Auto-Renewal. Unless you cancel your subscription before the end of the then-current billing period, your subscription will automatically renew for successive periods of the same duration at Kampso's then-current rates. We will provide reasonable advance notice of any pricing changes.

4.4 Cancellation. You may cancel your subscription at any time through your Account settings or by contacting us at [EMAIL]. Cancellation will take effect at the end of the then-current billing period. You will continue to have access to the Services until the end of that period. No refunds or credits will be issued for partial billing periods, except as required by applicable law.

4.5 Free Trials. If we offer you a free trial, we may begin charging the applicable Subscription Fee at the end of the trial period unless you cancel before the trial ends. We will notify you before any charges begin.

4.6 Taxes. All fees are exclusive of taxes, levies, and duties imposed by taxing authorities. You are responsible for all applicable taxes, except for taxes based on Kampso's net income.

4.7 Late Payment. Overdue amounts will accrue interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is less. You are also responsible for all reasonable costs of collection, including attorneys' fees.

4.8 Fee Disputes. If you dispute any charge, you must notify us in writing within thirty (30) days of the date of the charge. Failure to dispute a charge within this period constitutes acceptance of the charge.

5. Acceptable Use Policy

5.1 General. You agree to use the Services only for lawful purposes and in accordance with these Terms. You are solely responsible for all Customer Data and all activities that occur under your Account.

5.2 Prohibited Conduct. You agree not to, and not to permit any Authorized User or End User to:

(a) Use the Services to send unsolicited bulk email ("spam") or any communications in violation of the CAN-SPAM Act (15 U.S.C. § 7701 et seq.), the Telephone Consumer Protection Act, or any other applicable anti-spam or marketing law;

(b) Send emails with deceptive, misleading, or forged headers, subject lines, or sender information;

(c) Send emails to purchased, rented, or scraped email lists that have not been verified for consent or legitimate business interest;

(d) Use the Services for phishing, fraud, impersonation, or any deceptive practices;

(e) Send emails that do not include a functioning unsubscribe mechanism and a valid physical mailing address as required by applicable law;

(f) Fail to honor unsubscribe or opt-out requests within ten (10) business days;

(g) Use the Services to transmit malware, viruses, or any harmful code;

(h) Attempt to gain unauthorized access to the Services, other Accounts, or any related systems or networks;

(i) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Services;

(j) Use the Services to store or transmit material that infringes any third party's intellectual property rights;

(k) Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use;

(l) Use the Services for any business-to-consumer (B2C) unsolicited marketing, consumer telemarketing, or any purpose not consistent with business-to-business outbound sales;

(m) Resell, sublicense, or redistribute the Services or access to the Services, except as expressly permitted under Section 7 (White-Label Provisions);

(n) Use the Services to engage in any activity that violates the rights of any person, including privacy rights, publicity rights, or intellectual property rights;

(o) Exceed or attempt to circumvent any rate limits, sending limits, or other technical restrictions of the Services.

5.3 Email Sending Standards. You acknowledge and agree that:

(a) You will maintain bounce rates below 5% and spam complaint rates below 0.1% (or such other thresholds as we may communicate to you);

(b) You are solely responsible for the content, accuracy, and legality of all emails sent through the Services;

(c) You will comply with all applicable laws regarding email communications in every jurisdiction where your recipients are located;

(d) We reserve the right to suspend or limit your email sending capabilities if your sending practices pose a risk to our platform's deliverability, reputation, or infrastructure.

5.4 Monitoring and Enforcement. We reserve the right, but are not obligated, to monitor your use of the Services for compliance with these Terms. We may, in our sole discretion, suspend or terminate your access if we reasonably believe you have violated this Section 5.

6. AI-Powered Features

6.1 Availability. The Services may include features powered by artificial intelligence and machine learning ("AI Features"), including but not limited to email copy generation, lead scoring, campaign analytics, personalization suggestions, and other automated tools.

6.2 Accuracy Disclaimer. AI Features generate outputs based on algorithms and data inputs. We do not guarantee the accuracy, completeness, reliability, or suitability of any AI-generated output. You are solely responsible for reviewing, editing, and approving all AI-generated content before use, including any emails sent through the Services.

6.3 No Legal, Professional, or Business Advice. AI-generated outputs do not constitute legal, professional, marketing, or business advice. You should exercise independent judgment and, where appropriate, seek professional advice.

6.4 Data Use for AI. We may use Usage Data and aggregated, de-identified data derived from your use of the Services to train, improve, and develop our AI models and algorithms. We will not use identifiable Customer Data to train AI models made available to other customers without your express consent. For more details on our data practices, please see our [Privacy Policy].

6.5 Intellectual Property of AI Outputs. Subject to our underlying intellectual property rights in the Platform and AI models, you retain ownership of AI-generated outputs to the extent they incorporate your Customer Data and are produced at your direction. You acknowledge that similar or identical outputs may be generated for other users.

7. White-Label Provisions

7.1 White-Label License. If your subscription plan includes white-label functionality, we grant you a limited, non-exclusive, non-transferable, revocable license during the Term to customize the appearance of the Platform with your branding (including logos, colors, domain names, and other visual elements) for presentation to your End Users.

7.2 Scope of License. The white-label license permits cosmetic customization only. You may not:

(a) Represent or imply that you developed, own, or operate the underlying Platform technology;

(b) Modify, alter, or create derivative works of the Platform's underlying code or functionality;

(c) Remove or obscure any Kampso copyright notices, attributions, or proprietary markings except as expressly replaced by white-label customization features;

(d) Sublicense the Platform to third parties or allow End Users to resell access to the Platform.

7.3 End User Responsibility. You are solely responsible for:

(a) Your relationship with your End Users, including providing your own terms of service, privacy policy, and support;

(b) Ensuring your End Users comply with all applicable laws and these Terms;

(d) Any claims, disputes, or liabilities arising from your End Users' use of the Services.

7.4 Kampso's Right to Intervene. We reserve the right to suspend or disable any End User's access if we reasonably determine that their use violates these Terms, threatens our platform's integrity, or creates legal risk for Kampso.

8. Data Ownership and Licensing

8.1 Your Data. As between you and Kampso, you retain all right, title, and interest in and to your Customer Data. Nothing in these Terms transfers ownership of your Customer Data to Kampso.

8.2 License to Kampso. You grant Kampso a worldwide, non-exclusive, royalty-free license during the Term to host, store, process, display, and transmit Customer Data solely as necessary to provide the Services, to maintain and improve the Platform, and to comply with applicable law. This license terminates upon expiration or termination of your subscription, subject to our data retention obligations and backup procedures.

8.3 Usage Data. You acknowledge that we may collect, use, and disclose Usage Data for any lawful business purpose, including to analyze, improve, and develop the Services, generate benchmarking and analytics, and create aggregate insights. Usage Data will not identify you or any individual by name.

8.4 Data Export. During the Term, you may export your Customer Data at any time using the export functionality available within the Services. Upon termination, we will make your Customer Data available for export for a period of thirty (30) days, after which we may delete it in accordance with our data retention policies.

8.5 Feedback. If you provide us with any feedback, suggestions, ideas, or recommendations regarding the Services ("Feedback"), you grant us an unrestricted, irrevocable, perpetual, royalty-free license to use such Feedback for any purpose without obligation to you.

9. Intellectual Property

9.1 Kampso IP. The Services, Platform, Website, and all related technology, including all software, algorithms, designs, interfaces, documentation, trade names, trademarks, service marks, logos, and other intellectual property (collectively, "Kampso IP"), are and remain the exclusive property of Kampso and its licensors. These Terms grant you no right, title, or interest in any Kampso IP except the limited license to use the Services as expressly set forth herein.

9.2 Restrictions. Except as expressly permitted in these Terms, you may not copy, modify, distribute, sell, lease, or create derivative works based on the Services or any Kampso IP.

9.3 DMCA. We respect the intellectual property rights of others. If you believe that any content on the Services infringes your copyright, please send a notice to our designated DMCA agent at [EMAIL] containing:

(a) A description of the copyrighted work you claim has been infringed;

(b) A description of the material you claim is infringing and its location on the Services;

(d) A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law;

(e) A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf;

(f) Your physical or electronic signature.

10. Third-Party Integrations

10.1 Third-Party Services. The Services may integrate with or allow you to connect to third-party applications, services, and platforms ("Third-Party Services"), including but not limited to CRMs, email providers, calendar tools, and data enrichment services.

10.2 Your Responsibility. Your use of any Third-Party Service is governed by that service's own terms and privacy policies. We are not responsible for the performance, availability, accuracy, or practices of any Third-Party Service.

10.3 Data Sharing. When you connect a Third-Party Service, you authorize us to access and exchange data between the Services and the Third-Party Service as necessary to enable the integration. You are responsible for ensuring that your use of any integration complies with both these Terms and the terms of the Third-Party Service.

10.4 No Endorsement. Integration with or reference to any Third-Party Service does not constitute an endorsement, warranty, or guarantee by Kampso.

11. Limitation of Liability

11.1 Disclaimer of Warranties. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KAMPSO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KAMPSO, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

(a) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES;

(b) ANY DAMAGES ARISING FROM (I) YOUR USE OR INABILITY TO USE THE SERVICES, (II) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, (III) ANY THIRD-PARTY CONDUCT ON THE SERVICES, OR (IV) ANY CONTENT OR EMAILS SENT THROUGH THE SERVICES;

REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF KAMPSO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KAMPSO'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO KAMPSO IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

11.4 Essential Purpose. THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11.5 Jurisdictional Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Indemnification

12.1 Your Indemnification. You agree to indemnify, defend, and hold harmless Kampso and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

(a) Your use of the Services;

(b) Your Customer Data or Contact Data, including any claim that such data infringes or violates any third party's rights;

(d) Your violation of these Terms or any applicable law;

(e) Your End Users' use of the Services (if applicable);

(f) Any dispute between you and your End Users or any third party.

12.2 Procedure. Kampso will promptly notify you of any claim subject to indemnification and will provide reasonable cooperation at your expense. Kampso reserves the right to participate in the defense of any claim with counsel of its choosing at its own expense.

13. Termination

13.1 Termination by You. You may terminate your Account at any time by canceling your subscription as described in Section 4.4.

13.2 Termination by Kampso. We may suspend or terminate your Account or access to the Services, in whole or in part, at any time and for any reason, including if we reasonably believe that:

(a) You have violated these Terms;

(b) Your use of the Services creates risk or possible legal exposure for Kampso;

(d) Providing the Services to you is no longer commercially viable.

We will make reasonable efforts to provide advance notice of termination, except where we determine that immediate termination is necessary to protect the Services, other users, or Kampso.

13.3 Effect of Termination. Upon termination:

(a) Your right to use the Services immediately ceases;

(b) You remain liable for all fees incurred prior to termination;

(d) Sections 8, 9, 11, 12, 14, 15, and 16 survive termination.

14. Dispute Resolution

14.1 Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact us at [EMAIL] and attempt to resolve the dispute informally for at least thirty (30) days.

14.2 Binding Arbitration. If the dispute is not resolved informally, you and Kampso agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Mediation Procedures.

(a) The arbitration will be conducted by a single arbitrator.

(b) The arbitration will take place in King County, Washington or, at your election, may be conducted remotely by videoconference or telephone.

(c) The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

(d) The arbitrator may award any relief that a court could award, including injunctive or declaratory relief, but only to the extent required to satisfy the individual claim.

14.3 Class Action Waiver. YOU AND KAMPSO AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, collective, or representative proceeding.

14.4 Exceptions. Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

14.5 Opt-Out. You may opt out of the arbitration and class-action waiver provisions by sending written notice to [EMAIL] within thirty (30) days of first accepting these Terms. If you opt out, all disputes will be resolved in the courts specified in Section 15.

15. Governing Law and Jurisdiction

15.1 Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws principles.

15.2 Jurisdiction. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington.

16. General Provisions

16.1 Modifications. We may modify these Terms at any time by posting the revised Terms on our Website. Material changes will be communicated via email to the address associated with your Account or through in-app notification at least thirty (30) days before they take effect. Your continued use of the Services after the effective date of any modification constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services and cancel your subscription.

16.2 Entire Agreement. These Terms, together with any Order Form and our Privacy Policy, constitute the entire agreement between you and Kampso regarding the Services and supersede all prior or contemporaneous agreements, representations, and understandings.

16.3 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

16.4 Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

16.5 Assignment. You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

16.6 Force Majeure. Neither party shall be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, epidemics, government actions, power or internet failures, or third-party service disruptions.

16.7 Notices. All notices to Kampso must be sent to [EMAIL] or [ADDRESS]. Notices to you will be sent to the email address associated with your Account. Notice is deemed given when sent by email.

16.8 Independent Contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

16.9 Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights except as expressly stated herein.

16.10 Export Compliance. You agree to comply with all applicable export and import control laws and regulations in your use of the Services.

16.11 U.S. Government Users. If you are a U.S. government entity, the Services are provided as "commercial items" as defined in 48 C.F.R. § 2.101, and the government's rights are limited to those set forth in these Terms.

17. Contact Us

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

Kampso
[ADDRESS]
Email: [EMAIL]
Website: kampso.com