K3X Inc. Terms & Conditions

Effective Date: March 16, 2026 Last Updated: March 16, 2026

These Terms & Conditions ("Terms") govern your access to and use of the K3X platform, including the website at k3x.ai and the application at app.k3x.ai (collectively, the "Service"), operated by K3X Inc. ("K3X," "we," "our," or "us"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and capable of entering into a binding agreement to use the Service. By using K3X, you represent and warrant that you meet these requirements. The Service is intended for business use only and is not designed for personal, household, or consumer purposes.

2. Account Registration

To access the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration

• Keep your account credentials confidential and not share them with any third party

• Notify us immediately at hey@k3x.ai if you suspect unauthorized access to your account

• Be responsible for all activity that occurs under your account

K3X reserves the right to suspend or terminate accounts that contain false information or violate these Terms.

3. Use of the Service

3.1 Permitted Use

You may use the Service solely for lawful business purposes, including managing customer relationships, automating follow-up communications, tracking sales pipelines, and related CRM functions.

3.2 Prohibited Use

You agree not to:

• Use the Service to send unsolicited commercial messages (spam) or contact individuals who have not opted in

• Violate any applicable laws or regulations, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, CTIA guidelines, and carrier messaging policies

• Transmit any content that is unlawful, fraudulent, defamatory, obscene, or harmful

• Reverse engineer, decompile, or attempt to extract the source code of the Service

• Use the Service to scrape, harvest, or collect data from third parties without authorization

• Interfere with or disrupt the integrity or performance of the Service or its infrastructure

• Attempt to gain unauthorized access to any part of the Service or its related systems

• Resell, sublicense, or otherwise commercialize access to the Service without written consent from K3X

4. SMS and Messaging Compliance

K3X provides tools that allow users to send SMS and other messages to their contacts. By using these features, you agree to the following:

4.1 Your Responsibility

You are solely responsible for ensuring that all contacts you message through K3X have provided valid, prior express written consent to receive messages from you. K3X is a platform provider only and is not responsible for your messaging practices.

4.2 Compliance with Law

You agree to comply with all applicable laws and regulations governing electronic communications, including but not limited to:

• The Telephone Consumer Protection Act (TCPA)

• The CAN-SPAM Act

• CTIA Messaging Principles and Best Practices

• All applicable carrier guidelines and A2P 10DLC requirements

4.3 Required Message Elements

All SMS campaigns sent through K3X must include:

• Your brand name or business name in each message

• A clear opt-out mechanism (e.g., reply STOP to unsubscribe)

• A HELP response option (e.g., reply HELP for support)

• Disclosure of message and data rates where applicable

4.4 Prohibited Message Content

You may not use K3X to send messages that contain:

• Content related to cannabis, firearms, gambling, adult content, or hate speech

• Misleading, deceptive, or fraudulent information

• Phishing links or malware

• Content that violates carrier or CTIA content guidelines

4.5 Opt-Out Compliance

You must immediately honor all opt-out requests. K3X will automatically suppress contacts who reply STOP, but you are also responsible for maintaining your own suppression lists and honoring opt-outs received through any channel.

5. Subscription, Billing & Payment

5.1 Plans and Fees

Access to the Service is provided on a subscription basis. Current pricing is available at k3x.ai/pricing. K3X reserves the right to change pricing at any time with 30 days' notice to active subscribers.

5.2 Billing

Subscriptions are billed in advance on a monthly or annual basis depending on your plan. By subscribing, you authorize K3X to charge your payment method on a recurring basis.

5.3 Taxes

You are responsible for all applicable taxes associated with your subscription. K3X will charge applicable taxes where required by law.

5.4 Failed Payments

If a payment fails, we will notify you and attempt to retry the charge. If payment is not received within 7 days, your account may be suspended. If payment is not received within 30 days, your account may be terminated and your data may be deleted.

5.5 Refunds

All fees are non-refundable except where required by law or explicitly stated in a separate written agreement. If you cancel your subscription, you will retain access to the Service through the end of your current billing period.

6. Cancellation and Termination

6.1 Cancellation by You

You may cancel your subscription at any time through your account settings or by contacting hey@k3x.ai. Cancellation takes effect at the end of the current billing period. No partial refunds are issued for unused time.

6.2 Termination by K3X

K3X reserves the right to suspend or terminate your account at any time, with or without notice, if you:

• Violate these Terms or any applicable law

• Engage in fraudulent, abusive, or harmful behavior

• Fail to pay fees owed

• Use the Service in a way that harms other users or K3X's infrastructure

6.3 Effect of Termination

Upon termination, your right to access the Service immediately ceases. You may request a copy of your data within 30 days of termination. After 30 days, K3X may permanently delete your account data.

7. Intellectual Property

7.1 K3X Ownership

The Service, including all software, design, content, trademarks, and technology, is owned by K3X Inc. and protected by intellectual property laws. Nothing in these Terms grants you ownership of any K3X intellectual property.

7.2 Your Data

You retain ownership of all data, contacts, and content you upload or create within the Service ("Your Data"). By using the Service, you grant K3X a limited, non-exclusive license to use Your Data solely to operate and improve the Service.

7.3 Feedback

If you submit feedback, suggestions, or ideas about the Service, you grant K3X a royalty-free, perpetual license to use that feedback without obligation or compensation to you.

8. Confidentiality

Each party agrees to keep confidential any non-public information shared by the other party in connection with the Service ("Confidential Information"). Confidential Information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction.

9. Privacy

Your use of the Service is governed by our Privacy Policy, available at k3x.ai/privacy-policy. By using the Service, you acknowledge and agree to the collection and use of your information as described therein.

10. Third-Party Integrations

The Service may integrate with third-party platforms such as Meta, Google, Zapier, Twilio, and others. Your use of these integrations is subject to the terms and privacy policies of those third parties. K3X is not responsible for the practices, availability, or performance of any third-party service.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. K3X DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, K3X DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, K3X AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF K3X HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL K3X'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO K3X IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

13. Indemnification

You agree to indemnify, defend, and hold harmless K3X Inc. and its officers, directors, employees, agents, and partners from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service

• Your violation of these Terms

• Your violation of any applicable law or regulation

• Any messaging campaigns you conduct through the Service

• Any third-party claims arising from your use of the Service

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA), conducted in Delaware. You waive any right to participate in a class action lawsuit or class-wide arbitration.

15. Changes to These Terms

K3X reserves the right to update these Terms at any time. When we do, we will update the "Last Updated" date at the top of this page and notify you via email or in-app notification for material changes. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.

16. 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 continue in full force and effect.

17. Entire Agreement

These Terms, together with the Privacy Policy and any additional agreements you enter into with K3X, constitute the entire agreement between you and K3X with respect to the Service and supersede all prior agreements and understandings.

18. Contact Us

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

K3X Inc. Email: hey@k3x.ai Phone: (844) 553-9462 Website: https://k3x.ai Mailing Address: 1111B S Governors Ave # 45272, Dover, DE 19904

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