Client Service Agreement

1. Parties

This Client Service Agreement ("Agreement") is entered into between:

• Provider: Kulltivate.ai, operated by Drew Kull, Canton, MA 02021 ("Kulltivate")
• Client: The individual or business entity identified in the associated proposal or invoice ("Client")

2. Scope of Services

Kulltivate will provide the services described in the Client's accepted proposal, invoice, or service subscription ("Services"). Services may include:

• Website design, development, and hosting
• Social media content creation, scheduling, and management
• AI chatbot setup, training, and maintenance
• Business process automation
• Ongoing retainer support

Any work outside the defined scope requires mutual written agreement and may involve additional fees.

3. Onboarding

After purchase, Kulltivate will initiate an onboarding process specific to the purchased service(s). This includes:

• Portal access setup (kulltivate.ai/portal)
• Intake questionnaire(s) for business information, brand assets, and preferences
• Service-specific setup steps (tracked in your portal)

Timely completion of Client-required steps is necessary for on-schedule delivery. Delays in Client responses may extend timelines accordingly.

4. Client Responsibilities

Client agrees to:

• Provide accurate and complete business information during onboarding
• Supply required content, images, and brand assets in a timely manner
• Review and provide feedback on deliverables within the agreed timeframe
• Approve social media content before publication (via portal)
• Maintain access credentials and notify Kulltivate of any account issues
• Ensure content provided does not infringe on third-party rights

5. AI Assistant Communication

Kulltivate utilizes an AI assistant named "Konsult" for routine client communication, service delivery, and operational tasks. Client acknowledges that:

• Konsult is clearly identified as an AI assistant in all communications
• Konsult handles day-to-day service delivery, content generation, and support requests
• Drew Kull (human) is available for escalations, strategy calls, and complex matters
• Client may request human-only communication at any time

6. Pricing & Payment

6.1 One-Time Projects

• 50% deposit due before work begins
• Remaining 50% due upon delivery and Client approval
• Revision rounds included per service tier (see proposal for specifics)
• Additional revisions beyond included rounds: $75/hour

6.2 Monthly Subscriptions

• Billed monthly in advance via Stripe
• Prices are fixed for the initial 12-month period
• After 12 months, prices may be adjusted with 60 days' written notice
• Failed payments: 3-day grace period, then service may be paused

6.3 Retainer Hours

• Unused hours do not roll over to the next month
• Overage hours billed at $100/hour (Starter), $85/hour (Growth), $75/hour (Pro)
• Hours tracked and reported monthly via portal

7. Delivery & Approval

• Estimated timelines are provided in proposals and are not guaranteed deadlines
• Website projects: Client has 7 business days to review each deliverable
• Social content: Client has 48 hours to approve/reject via portal before auto-scheduling
• Silence after review period = approval (Client will be reminded before auto-approval)

8. Hosting & Maintenance

For website services:

• Websites are hosted on Kulltivate's Vercel infrastructure
• Hosting is included in the service — no separate hosting fee
• SSL certificates provided and auto-renewed
• Security updates applied automatically via shared component updates
• Backups: Database backed up daily by Supabase; code version-controlled in Git

9. Cancellation & Offboarding

9.1 By Client

• Monthly services: 30 days' written notice (email to drew@kulltivate.ai)
• In-progress projects: Non-refundable deposit covers work completed; remaining balance cancelled

9.2 By Kulltivate

• We may terminate for non-payment (30+ days overdue) with 14 days' notice
• We may terminate immediately if Client engages in illegal activity or violates terms

9.3 Data Portability

• Website source code exported and delivered within 14 business days
• All Client data exported in JSON/CSV format within 14 business days
• Domain DNS transferred within 7 business days
• Social media account access returned immediately
• Data retained for 90 days post-cancellation as backup, then permanently deleted

10. Confidentiality

Both parties agree to keep confidential any proprietary information shared during the engagement, including business strategies, financial data, customer lists, and technical implementations. This obligation survives termination for 2 years.

11. Limitation of Liability

Kulltivate's total liability under this Agreement shall not exceed the total fees paid by Client in the 6 months preceding any claim. Kulltivate is not liable for lost profits, lost data, or consequential damages arising from service interruptions, third-party failures, or circumstances beyond reasonable control.

12. Dispute Resolution

In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding mediation in Norfolk County, Massachusetts. This Agreement is governed by the laws of the Commonwealth of Massachusetts.

13. Entire Agreement

This Agreement, together with the applicable proposal, invoice, or subscription confirmation, constitutes the entire agreement between the parties. It supersedes all prior negotiations, representations, or agreements. Amendments must be in writing and agreed to by both parties.

14. Contact

For questions about this agreement:

• Drew Kull, Founder
• Email: drew@kulltivate.ai
• Address: Canton, MA 02021
• Website: kulltivate.ai