Terms of Service

1. Agreement to Terms

By accessing or using the services provided by Kulltivate.ai ("Company," "we," "us," or "our"), operated by Drew Kull, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our services.

Kulltivate.ai is a sole proprietorship based in Canton, Massachusetts, providing web design, social media management, AI chatbot, and business automation services to small and medium businesses.

2. Services

We provide the following categories of services:

• Website Design & Development — Custom websites built and hosted on our infrastructure
• Social Media Management — AI-assisted content creation, scheduling, and publishing
• AI Chatbot — Intelligent chatbot trained on your business information
• AI Automation — Custom business process automation
• Ongoing Retainers — Monthly support, updates, and strategy

Specific deliverables, timelines, and pricing for each engagement are outlined in the applicable Service Agreement or proposal.

3. Client Portal

Clients receive access to a secure online portal at kulltivate.ai/portal. Through the portal, you can:

• Submit and track service requests
• Review and approve social media content
• View project progress and onboarding status
• Access billing information and invoices
• Train and customize your AI chatbot

You are responsible for maintaining the confidentiality of your portal login credentials. Notify us immediately if you suspect unauthorized access.

4. AI-Powered Services

Several of our services utilize artificial intelligence, including but not limited to content generation, chatbot responses, and business automation. You acknowledge that:

• AI-generated content is reviewed and refined before delivery or publication
• AI assistants (including "Konsult") are clearly identified as AI when interacting with you or your customers
• You retain the right to approve or reject any AI-generated content before it is published on your behalf
• AI outputs may occasionally require human correction; we monitor quality continuously

5. Payment Terms

• One-time services (websites, automation): 50% deposit due before work begins, remaining 50% due upon delivery
• Monthly services (social media, retainers, chatbot): Billed monthly in advance via Stripe
• Invoices are due within 15 days of issuance unless otherwise agreed
• Late payments may result in service suspension after 30 days overdue
• All prices are in USD

6. Intellectual Property

Your Content: You retain all rights to content, images, logos, and materials you provide to us. You grant us a limited license to use these materials solely to deliver the agreed-upon services.

Our Work Product: Upon full payment, you own the final deliverables (website designs, content, etc.) created specifically for your business. We retain the right to showcase the work in our portfolio unless you opt out in writing.

Our Tools & Code: Shared components, libraries, templates, and AI systems developed by Kulltivate.ai remain our intellectual property. You receive a license to use them as part of your hosted service. If you cancel services, you receive an export of your site's source code per our data portability policy.

7. Data & Privacy

We take your data seriously. Our data practices are detailed in our Privacy Policy. Key points:

• Your business data is stored in our secure database with row-level isolation — no other client can access it
• We use your data solely to provide and improve your services
• We do not sell your data to third parties
• You can request a full data export at any time

8. Service Level

We strive for reliable service and quick response times:

• Starter tier: 48-hour response time for support requests
• Growth tier: 8-hour response time, priority queue
• Premium tier: 4-hour response time, dedicated support
• Website uptime target: 99.9% (hosted on Vercel)

We are not liable for downtime caused by third-party services (hosting providers, payment processors, social media platforms) or force majeure events.

9. Cancellation & Refunds

• Monthly services: Cancel anytime with 30 days' notice. No refunds for partial months.
• One-time projects: If cancelled before delivery, deposit is non-refundable but covers work completed to date.
• Data portability: Upon cancellation, we provide a full export of your website source code and data within 14 business days.
• Domain ownership: You own your domain. We will transfer DNS control within 7 business days of cancellation.

9A. SMS & Text Messaging Terms

Program name: Kulltivate.ai Client Notifications

By opting in to receive SMS messages from Kulltivate.ai, you agree to receive operational text messages related to your account, including portal login verification codes, AI chatbot handoff alerts, and appointment booking confirmations and reminders. No marketing or promotional messages are sent. Consent is not a condition of purchase.

• Message frequency: You may receive up to 10 messages per month.
• Message and data rates may apply. Check with your wireless carrier for details.
• To opt out: Reply STOP to any message to cancel. You will receive a one-time confirmation. No further messages will be sent.
• To get help: Reply HELP to any message for assistance, or email help@kulltivate.ai.
• Carriers: Carriers are not liable for delayed or undelivered messages.
• Privacy: See our Privacy Policy for how we handle your phone number and message data. We do not sell or share your phone number with third parties for marketing purposes.
• Full SMS terms: See kulltivate.ai/sms for complete SMS consent and program details.
• Contact: help@kulltivate.ai

10. Limitation of Liability

To the maximum extent permitted by law, Kulltivate.ai's total liability for any claim arising from our services is limited to the amount you paid us in the 3 months preceding the claim. We are not liable for indirect, incidental, consequential, or punitive damages, including lost profits or data.

11. Indemnification

You agree to indemnify and hold harmless Kulltivate.ai from claims, losses, or damages arising from: (a) your use of our services, (b) content you provide to us, (c) your violation of these Terms, or (d) your violation of any third-party rights.

12. Governing Law

These Terms are governed by the laws of the Commonwealth of Massachusetts. Any disputes shall be resolved in the courts of Norfolk County, Massachusetts.

13. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or portal notification at least 30 days before taking effect. Continued use of our services after changes constitute acceptance.

14. Contact

Questions about these Terms? Contact us:

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