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Kinetry AI Use Addendum

Effective: July 20, 2026

This AI Use Addendum (this "Addendum") supplements and forms part of the Kinetry Terms of Service (the "Terms") between Kalgren Consulting LLC, doing business as Kinetry ("Kinetry," "Company," "we," "us"), and the Customer. It explains how artificial intelligence ("AI") is used in the Service, allocates responsibility for that use, and states commitments consistent with Colorado's Senate Bill 24-205 (the Colorado Artificial Intelligence Act, "Colorado AI Act"), scheduled to take effect January 1, 2027, and similar laws. Capitalized terms not defined here have the meaning given in the Terms. In case of conflict, §12 of this Addendum controls the order of precedence.

1. Purpose and Scope

  • This Addendum describes the AI features of the Service, expands on the posture stated in §7 (No Employment Decisions) and §10 (AI-Generated Content) of the Terms, and does not enlarge the Service's capabilities beyond what the Terms describe.
  • The Service is offered to Customers in the United States only. This Addendum addresses United States law, including the Colorado AI Act and comparable state requirements, and does not constitute legal advice to Customer about Customer's own compliance obligations.

2. Definitions

  • "AI Output" — coaching summaries, recommendations, narratives, skill-gap analyses, and other content the Service generates from Customer Data using AI, as further described in §3.
  • "Consequential Decision" — a decision that has a material legal or similarly significant effect on the provision or denial to an individual of, or the cost or terms of, employment or an employment opportunity, or another matter treated as consequential under applicable law.
  • "Deployer" — a person or entity that uses an AI system to make, or as a substantial factor in making, a Consequential Decision, as such role is described under the Colorado AI Act and similar laws.
  • "AI Provider" — a third-party provider of AI infrastructure Kinetry uses to generate AI Output, as described in §9.

3. What the AI Does

  • The Service uses AI to organize, summarize, and analyze Customer Data — including assessment responses, computed scores, and free-text advisor or rater notes — and to generate development-focused AI Output such as coaching summaries, recommendations, narratives, and skill-gap analyses.
  • AI Output is grounded in, and cites, the underlying Customer Data as evidence. AI does not create the behavioral scores; scores are computed by the Service's scoring logic, and AI Output describes and contextualizes those results.
  • AI Output is decision-support intended for coaching, development, and team-effectiveness purposes. It is not an automated decision, a validated employee-selection procedure, or a substitute for human judgment.

4. Human Oversight; Not an Automated Employment Decision

  • The Service does not make Consequential Decisions and is not designed or intended to make, or to serve as a substantial factor in making, a Consequential Decision. AI Output is advisory only.
  • Consistent with §7 of the Terms, AI Output must not be used as the sole or primary basis for any hiring, firing, promotion, demotion, compensation, discipline, contracting, or other employment or engagement decision.
  • A qualified human must review AI Output and exercise independent judgment before Customer takes, or declines to take, any consequential employment or contracting action informed by that AI Output. AI Output is never an automated employment decision within the Service.

5. Roles; Customer as Deployer

  • As between the parties, Customer determines whether and how to use AI Output within its organization. If Customer uses AI Output to make, or as a substantial factor in making, a Consequential Decision, Customer acts as the Deployer of that AI system and assumes the responsibilities of a Deployer under the Colorado AI Act and similar laws.
  • Customer is solely responsible for its use of the Service and AI Output, including for providing any notices to individuals, obtaining any consents, conducting any impact assessments or risk-management activities, and honoring individual rights that applicable law requires of a Deployer. This is consistent with Customer's responsibilities under §4 and §7 of the Terms.
  • Kinetry provides the AI functionality and supporting documentation described in the Terms and this Addendum so that Customer can meet its Deployer obligations, but Kinetry does not control, and is not responsible for, Customer's decisions or the manner in which Customer uses AI Output.

6. Consequential-Decision Rights of Individuals

  • Where Customer uses AI Output in connection with a Consequential Decision, applicable law may give the affected individual rights, including the right to human review of the decision, to reconsideration or appeal, and to correction of factual inaccuracies in the personal data used to reach the decision.
  • Customer, as Deployer, is responsible for receiving, evaluating, and responding to these requests in accordance with applicable law. Kinetry will provide reasonable assistance and the data-access, export, and correction tools described in the Terms and Privacy Policy to support Customer's response, but Kinetry does not adjudicate Customer's employment or contracting decisions.
  • Individuals should direct requests about a Consequential Decision, and about the assessment data underlying it, to the Customer organization, consistent with the roles described in the Privacy Policy.

7. AI Inputs; Free-Text Notes; Sensitive Information

  • AI inputs may include free-text advisor and rater notes submitted through the Service, which the AI may cite as evidence in AI Output. Customer is responsible for ensuring that such notes are appropriate and lawful to submit.
  • Participants and Authorized Users should not enter sensitive personal information into notes or responses. As stated in the Terms and Privacy Policy, they should not submit financial account information, religious beliefs, political opinions, union membership, or health, disability, genetic, biometric, or sexual-orientation information, and Customers must not upload protected health information or other regulated medical records unless separately agreed in writing.
  • Because free-text notes may be processed by AI and cited in AI Output, Customer should instruct its Authorized Users accordingly and configure its use of the Service consistent with this section.

8. No Model Training on Customer Data

  • Kinetry does not use individual assessment responses, notes, or other confidential Customer Data to train large language models or general-purpose AI models.
  • Kinetry may use aggregated, de-identified data that cannot reasonably identify any individual, Customer, or organization to operate, evaluate, and improve the Service and its scoring models, as permitted by §6 of the Terms.

9. AI Provider Posture

  • AI Output is currently generated using the OpenAI API. Under Kinetry's arrangement with that AI Provider, Customer Data submitted through the API is not used by the AI Provider to train its models.
  • Kinetry may change or add AI Providers. Any change of AI Provider will preserve the no-training commitment in §8: Kinetry will not use, and will not permit an AI Provider to use, individual Customer Data to train large language models or general-purpose AI models.
  • AI Providers act as service providers or subprocessors that process Customer Data only to provide the Service and under confidentiality and security obligations, as described in the Terms and Privacy Policy.

10. Accuracy; Grounding in Evidence; Not Professional Advice

  • AI Output may be incomplete or inaccurate. It is generated by automated and AI systems, is grounded in the cited Customer Data as evidence, and is not professional, legal, medical, or employment advice.
  • AI Output must be reviewed with human judgment before it is relied upon or acted upon, consistent with §10 of the Terms.
  • Kinetry does not warrant that AI Output is accurate, complete, or suitable for any particular purpose, including any employment-related purpose, as further stated in the disclaimers in §16 of the Terms.

11. Model Updates and Material Changes

  • Kinetry may update, replace, or retire the AI models and AI Providers used in the Service to maintain or improve quality, safety, and performance.
  • Material changes to how AI is used in the Service will be notified in-product or by email and handled as described in §17 of the Terms. The commitments in §8 (No Model Training on Customer Data) and §9 (AI Provider Posture) survive any such change.

12. Relationship to the Terms

  • This Addendum is incorporated into and governed by the Terms, including the provisions on confidentiality, disclaimers, limitation of liability, indemnification, and governing law. Except as expressly modified here, the Terms remain in full force.
  • In the event of a conflict between this Addendum and the body of the Terms regarding the use of AI in the Service, this Addendum controls. In the event of a conflict between this Addendum and a signed master agreement or order form, that agreement's order-of-precedence provision controls.

Contact: legal@kinetry.ai · Kalgren Consulting LLC (d/b/a Kinetry), Minnesota, USA

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