Terms of Service

The service

Kindwork is a done-for-you sphere management service for real estate agents. I build and maintain a database of your past clients and sphere contacts, and I write and send short, personal outreach on your behalf from your own email address, in your voice. Every message is reviewed by a person before it is sent. Replies go directly to your own inbox and you handle them yourself. You receive a short written summary of activity each week. Setup includes one custom automation; small adjustments are included on an ongoing basis, and larger builds are scoped and quoted separately.

The service does not require you to log into any application, and there is no client-facing app, dashboard or chat interface. The service depends on accounts and platforms you connect, such as Google, and on the third-party services listed below.

Some clients are on individually agreed arrangements that differ from the standard terms described here, including different fees or commitments made in writing at the time they signed on. Where you have such an arrangement in writing, that arrangement controls over the corresponding provision of these Terms.

Who can use the service

You must be at least 18 years old, a real estate professional or business operating in the United States, and able to enter into a contract. You are responsible for making sure your use of the service, including any outreach I send on your behalf, complies with the laws and professional rules that apply to you.

Fees and payment

• Monthly. $450 per month for the ongoing service, billed each month in advance.
• Setup. A one-time setup fee. The amount depends on the size and condition of the database being built, so it is assessed and quoted to you in writing before any charge is made. You are never charged a setup fee you have not been quoted and agreed to.

Payments are processed by Stripe. You authorize me to charge your payment method for the agreed setup fee and the recurring monthly fee until you cancel. Fees are stated in U.S. dollars and are exclusive of any taxes, which are your responsibility. Fees are non-refundable, including for a month already started. I may change ongoing pricing with reasonable advance notice, and any fixed-rate commitment made to you in writing continues to apply.

No commissions or referral fees

I charge flat fees only. I never take a percentage or commission on any transaction, sale, or referral you make, and I do not accept or pay any fee, kickback, or thing of value in exchange for the referral of settlement service business. My compensation is the monthly fee and the agreed setup fee described above and nothing else.

Your responsibilities

• Provide accurate information and keep your connected accounts, such as Google, in good standing.
• Tell me promptly if any outreach should be corrected, paused, or stopped for a particular contact. Because messages are sent from your address on your behalf, you remain responsible for the outreach sent under your name.
• Make sure you have the right to share the contact information you place into the service and to send outreach to those contacts.
• Comply with all laws and rules that apply to your outreach and your profession, including email and messaging laws such as CAN-SPAM and the TCPA, and real estate advertising and licensing rules.
• Do not use the service to send spam, unlawful, deceptive, or harmful content, or to infringe anyone's rights.

Your data and no lock-in

You own the contacts, notes, and records you put into the service. I run the infrastructure; I do not claim ownership of your data. There is no long-term contract and no lock-in. You can request an export of your data at any time, and on termination I will make your data available for export and then delete it from the systems I administer, keeping only what I am required to retain. How I handle personal information is described in the Privacy Policy.

Intellectual property

I own the Kindwork name, website, templates, workflows, automations, and all of the underlying systems and know-how I use to deliver the service. Nothing in these Terms transfers that to you. While you are a client, I grant you a non-exclusive, non-transferable right to use the service for your business. You keep ownership of your own data and of the content you provide.

Confidentiality

I treat your business information and your sphere data as confidential and use it only to provide the service. You agree to keep any non-public details about how the service works confidential as well.

Third-party services

The service relies on third-party platforms, including Google, Airtable, Nango, Stripe, and AI model providers. Your use of those platforms is also governed by their own terms and policies. I am not responsible for third-party services, and their availability, changes, or outages may affect the service. I do not guarantee uninterrupted or error-free operation.

Cancellation and termination

The service is month to month. You can cancel at any time by contacting me, and cancellation takes effect at the end of your current billing month. Fees already paid are not refunded. I may suspend or terminate the service if you breach these Terms, fail to pay, or use the service unlawfully, and I may discontinue the service with reasonable notice. On termination, your right to use the service ends, and the data provisions above apply.

Disclaimers

The service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. I do not promise any specific business result, number of leads, referrals, reply rates, or closed deals, and nothing on this website or in any conversation should be read as implying one. The service uses AI to prepare drafts, which are reviewed by a person before sending but can still contain errors. Nothing I provide is legal, financial, tax, or professional advice.

Limitation of liability

To the fullest extent permitted by law, I will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost business, or lost data. My total liability for any claim relating to the service will not exceed the amount you paid me for the service in the twelve months before the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

Indemnification

You agree to indemnify and hold me harmless from claims, losses, and expenses, including reasonable legal fees, arising out of the content you approve, the contacts and data you provide, your outreach, or your breach of these Terms or of any law.

Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules, and by applicable United States federal law. The state and federal courts located in California will have jurisdiction over any dispute, unless you and I agree in writing to another method of resolution. You agree to first try to resolve any dispute with me informally by contacting me.

Changes to these terms

I may update these Terms from time to time. When I do, I will change the "Updated" date at the top and, for material changes, take reasonable steps to let clients know. Your continued use of the service after an update means you accept the revised Terms.

How to contact me

• Kindwork (a California sole proprietorship)
• Email: ben@getkindwork.com
• Mailing address: P.O. Box 1118, Empire, CA 95319