Terms of Service

The service

Kindwork is a done-for-you sphere management service for real estate agents. I set up and operate an assistant named Kit that sends outreach and other communications you approve, keeps your contact records and calendar current, and prepares reminders and summaries. You interact with Kit and approve work over Telegram. I run the underlying infrastructure on your behalf. Setup includes one custom automation; small adjustments are included on an ongoing basis, and larger builds are scoped and quoted separately.

Nothing is sent from your accounts without your approval. The service depends on accounts and platforms you connect, such as Google and Telegram, and on the third-party services listed below.

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

• Setup. A one-time setup fee of $700.
• Monthly. $250 per month for the ongoing service, billed each month in advance.
• Founding rate. Early clients may receive a founding rate that stays fixed for as long as they remain active clients. Rates for new clients may change over time.

Payments are processed by Stripe. You authorize me to charge your payment method for the 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. Except for the setup guarantee below, fees are non-refundable, including for a month already started. I may change ongoing pricing with reasonable advance notice, and the founding-rate commitment above continues to apply where it was given.

The setup guarantee

I stand behind the setup fee. If no closed referral deal tied to the outreach I run results within the first six months of your service, I will refund your $700 setup fee. This guarantee is subject to reasonable conditions: you remain an active, paying client during the period, you provide the access, information, and approvals the service needs to operate, and you request the refund within a reasonable time after the six-month point. The monthly service fee is not covered by this guarantee.

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 setup fee and the monthly fee described above and nothing else.

Your responsibilities

• Provide accurate information and keep your connected accounts, such as Google and Telegram, in good standing.
• Review and approve communications before they are sent. You are responsible for the content you approve.
• 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, Telegram, 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 except under the setup guarantee. 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. Except for the setup guarantee, I do not promise any specific business result, number of leads, or closed deals. The service uses AI to prepare drafts and summaries, which can contain errors, so you are responsible for reviewing and approving them. 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: 7 South School Street, Apt 204, Lodi, CA 95240