KINETRY
Sign in

Kinetry Terms of Service

Effective: July 20, 2026

These Terms of Service ("Terms") are a binding agreement between Kalgren Consulting LLC, doing business as Kinetry ("Kinetry," "Company," "we," "us"), and the organization you represent ("Customer," "you"). By clicking "I agree," creating an account, or using the Service, you accept these Terms and represent that you have authority to bind your organization.

Kinetry is in an early-access ("beta") period. The Service is offered as described in these Terms and may evolve; we will handle changes as described in §17.

1. The Service

Kinetry is a software platform to which users submit (or which Customers ask their employees or contractors to submit) workplace behavioral assessments and related information, from which the system computes behavioral scores and analytics and generates development-focused coaching content, reports, and team analyses (the "Service"). The Service is offered in tiers (including a free tier) whose limits and pricing are described when a user creates an account or upgrades within the Service; tier limits and features may change per §17.

2. Definitions

  • "Customer Data" — data submitted to the Service by or for Customer, including roster information, assessment responses, notes, and outcome metrics.
  • "Customer" — the organization that subscribes to or uses the Service, including a user who signs up for a free or tiered account that has not been cancelled.
  • "Results" — scores, analytics, reports, and AI-generated content the Service derives from Customer Data.
  • "Authorized User" or "User" — an individual Customer permits to use the Service (employees, contractors, advisors), and any individual who visits the website to assess whether to use the Service.
  • "Rater" — an Authorized User who submits assessment responses about another individual (or a self-assessment about themselves). In multi-rater ("360") mode, Results are computed from the combined responses of multiple Raters; in advisor (single-assessor) mode, the Customer's designated advisor is the sole Rater. A Rater who only submits assessments is not, by virtue of that role alone, charged as a rated seat.
  • "Aggregated Data" — data derived from Customer Data or Results that has been de-identified and aggregated such that it does not identify, and cannot reasonably be used to identify, any individual, Customer, or Customer's organization.

3. Accounts and Authorized Users

Customer designates one or more administrators who control its roster, roles, and settings. Customer is responsible for (a) the accuracy of its roster, (b) actions taken under its Authorized Users' accounts, and (c) maintaining the confidentiality of access credentials and sign-in links. Accounts are for the named individual only; credentials may not be shared.

4. Customer Responsibilities; Lawful Basis

Customer represents and warrants that it is solely responsible for, and has provided all notices and obtained: (a) any consents or authorizations from its employees and other Authorized Users that are required by applicable law or Customer's internal policies before collecting behavioral assessments about them; (b) the lawfulness of its use of the Service under employment, privacy, and labor laws applicable to Customer; (c) receiving, evaluating, and responding to requests for human review, reconsideration, correction of factual inaccuracies, and other rights afforded to individuals under applicable law, including but not limited to those offered under Colorado law; and (d) the accuracy and lawfulness of Customer Data. The Service is offered to Customers in the United States only at this time. Further, Customer and each User acknowledges that Customer determines the categories of information submitted to the Service, that any AI outputs depend on the accuracy, completeness, and quality of Customer Data, and that Customer is solely responsible for ensuring that its collection, use, disclosure, and transfer of such information complies with all applicable laws. Company processes Customer Data solely to provide the Service in accordance with this agreement and does not independently determine the purposes or means of processing Customer Data except as required to maintain, secure, and improve the Service as permitted by applicable law. Unless expressly authorized in a separate written agreement, Customer shall not upload protected health information subject to HIPAA or other regulated medical records into the Service. Customer is solely responsible for determining whether Customer Data contains regulated health information and for using the Service only as permitted by applicable law.

5. Customer Data — Ownership and License

Customer owns Customer Data. Customer grants Kinetry a non-exclusive, worldwide license to host, process, transmit, and display Customer Data and Results solely (a) to provide and support the Service, (b) to comply with law, and (c) as described in §6. Kinetry claims no ownership of Customer Data.

6. Aggregated Data

Kinetry may create Aggregated Data from Customer Data and Results, and may use, retain, and commercially exploit Aggregated Data during and after the term of this agreement — including to operate cross-customer benchmarks and percentile comparisons, to improve the Service and its scoring models, and for research and marketing statistics. Aggregated Data will never identify Customer or any individual, and benchmark outputs are constructed from statistical aggregates (such as within-organization-normalized percentiles), never from disclosure of another customer's underlying data.

7. No Employment Decisions

The Service is a professional development tool. Scores, Results, and AI-generated content: (a) are not validated as employee selection procedures under the Uniform Guidelines on Employee Selection Procedures or any similar standard; (b) must not be used as the sole or primary basis for hiring, firing, promotion, demotion, compensation, or any other employment decision; and (c) are provided for coaching, development, and team-effectiveness purposes only. Customer agrees it will not use the Service as an employee selection procedure and that Customer is solely responsible for its employment decisions and for compliance with anti-discrimination, labor, and employment laws, including any laws governing automated employment decision tools.

8. Platform Administrative Access

Customer acknowledges that authorized Kinetry personnel — including Kinetry's principal consultant — retain platform-level administrative access to Customer's environment, and may access Customer Data and Results to operate, maintain, support, and improve the Service, and, where Customer has engaged Kinetry for advisory services, to deliver those services. All such access is subject to the confidentiality obligations of §14.

9. Assessment Integrity; Rater Confidentiality

The Service applies statistical protections (such as minimum-rater thresholds that suppress low-sample scores) designed to make individual raters' responses difficult to infer. These protections reduce, but cannot eliminate, the possibility of inference — particularly in small teams or single-assessor configurations, where the assessor's identity is known by design. Customer will not attempt to re-identify raters or circumvent suppression logic, and will inform Authorized Users of the applicable configuration.

10. AI-Generated Content

Portions of the Service (coaching summaries, recommendations, narratives) are generated by automated and AI systems from Customer Data. Such content may be incomplete or inaccurate, is grounded in the cited evidence but is not professional advice, and must be reviewed with human judgment before acting on it. Automated tools and artificial intelligence may assist in organizing, summarizing, or analyzing Customer Data. Such outputs are intended solely to assist Customer and are not intended to replace human judgment. Customer remains solely responsible for reviewing and validating all employment-related decisions, and agrees to conduct all appropriate human review prior to making any consequential employment or contracting decision. AI systems are likely to evolve over time, and Kinetry may update the AI models to improve accuracy, security, fairness, reliability, regulatory compliance, or functionality; Kinetry will notify Customer and Users of any such material changes as specified in §17. Kinetry does not use individual survey responses or other confidential Customer Data to train large language models or general-purpose AI models. Further detail on how AI is used appears in the AI Use Addendum.

11. Intellectual Property; Restrictions

Kinetry and its licensors own the Service, including the behavioral framework, scoring methodologies, weighting systems, algorithms, models, software, and documentation, and all improvements — protected as trade secrets, copyrights, and other IP. Customer will not (and will not permit anyone to): (a) reverse engineer, decompile, probe, or attempt to derive the Service's scoring weights, formulas, thresholds, or models; (b) scrape, bulk-export, or systematically extract Results for the purpose of building or training a competing product; (c) resell, sublicense, or provide the Service to third parties except as expressly permitted (partner tiers); (d) publish benchmarks or comparative analyses of the Service without written consent; or (e) copy the Service's look and feel, framework structure, or report formats. Customer grants Kinetry a perpetual license to use feedback and suggestions without obligation.

12. Acceptable Use

Customer will not use the Service to violate law, to harass or defame, to assess individuals who are not Authorized Users of Customer, or to submit data Customer lacks the right to submit. Kinetry may suspend access for material violations, with notice where practicable.

13. Fees; Free Tier

Paid tiers are billed per rated seat per month (or as otherwise stated at purchase), with seat counts trued up at assessment-cycle close. Fees are non-refundable except as required by law. Kinetry may change pricing with at least 30 days' notice, effective at the next renewal. The free tier is provided as-is, may be modified or discontinued at any time, and is limited to the published team-size limits.

14. Confidentiality

Each party will protect the other's non-public information with at least reasonable care and use it only to perform under these Terms. Customer Data is Customer's confidential information; the Service's methodologies, weights, and non-public documentation are Kinetry's confidential information. Confidentiality obligations survive termination for five (5) years; trade secrets remain protected for as long as they qualify as such.

15. Term; Termination; Data Export

These Terms apply from acceptance until the account is closed. Either party may terminate for material breach uncured within 30 days of notice. Customer may export its Customer Data and Results in the formats the Service provides (e.g., CSV) at any time during the term and for 30 days after termination, after which Kinetry may delete Customer Data from production systems within a commercially reasonable period. §§6, 7, 11, 14, 16–19 survive termination.

16. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." KINETRY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KINETRY DOES NOT WARRANT THAT SCORES OR RESULTS ARE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PURPOSE, INCLUDING ANY EMPLOYMENT-RELATED PURPOSE.

17. Changes to the Service and Terms

Kinetry may modify the Service and these Terms. Material changes to these Terms will be notified in-product or by email and require re-acceptance; continued use after the effective date constitutes acceptance. The Terms version each user accepted, and when, is recorded.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OR DATA; AND (b) KINETRY'S TOTAL LIABILITY ARISING OUT OF THESE TERMS WILL NOT EXCEED THE FEES PAID BY CUSTOMER IN THE TWELVE (12) MONTHS BEFORE THE CLAIM (OR US $100 FOR FREE-TIER CUSTOMERS). THESE LIMITS DO NOT APPLY TO CUSTOMER'S BREACH OF §11, EITHER PARTY'S BREACH OF §14, OR CUSTOMER'S INDEMNIFICATION OBLIGATIONS.

19. Indemnification

Customer will defend and indemnify Kinetry against third-party claims arising from (a) Customer Data, (b) Customer's employment decisions or alleged violations of employment or anti-discrimination law, and (c) Customer's use of the Service in violation of §4, §7, or §12. Kinetry will defend and indemnify Customer against third-party claims that the Service, as provided, infringes a US patent, copyright, or trademark.

20. Governing Law; Disputes; Binding Arbitration; Class Action Waiver

These Terms are governed by the laws of the State of Minnesota, excluding conflict-of-law rules. Should this Section be deemed unenforceable, exclusive venue is the state and federal courts in Hennepin County, Minnesota, and the parties consent to personal jurisdiction there.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS A USER'S RIGHTS, INCLUDING THE RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

A. Mandatory Informal Dispute Resolution First. Before filing any formal claim or arbitration demand against Company, Customer (or User) and Company agree to make a good-faith effort to resolve the dispute informally.

  • Notice of Dispute. The party initiating a dispute must first send a detailed, written "Notice of Dispute" to the other party. Notices to Company must be sent by certified mail to Kalgren Consulting LLC, 4 Radley Pl, St Paul, MN 55127 and by email to legal@kinetry.ai.
  • Required Information. The Notice of Dispute must be personally signed by Customer or User (if Customer or User is the claimant) and must include: (a) full name, telephone number, and email address; (b) a detailed description of the nature and basis of the dispute, including the specific date(s) and time(s) Customer or User visited the website; (c) the specific software or cookie that allegedly intercepted or recorded the data in question; and (d) the specific relief or monetary damages sought.
  • Meet and Confer. After the Notice of Dispute is received, Customer or User and Company agree to participate in an individual, telephonic or video "Meet and Confer" conference within sixty (60) days to attempt to resolve the claim. If Customer or User is represented by counsel, counsel may participate, but Customer or User agrees to personally attend the conference.
  • Condition Precedent. Completing this informal dispute resolution process is a strict condition precedent to filing any demand for arbitration or court action. The statute of limitations and any filing-fee deadlines will be tolled while the parties engage in this process.

B. Agreement to Binding Individual Arbitration. If the parties are unable to resolve the dispute through the informal process within sixty (60) days, Customer or User and Company agree that any and all disputes, claims, or controversies arising out of or relating in any way to use of the website, these Terms, or any privacy practices (including claims under the California Invasion of Privacy Act, CIPA) shall be resolved exclusively through binding, individual arbitration, rather than in a court of law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules (or mass-arbitration rules, if applicable), except as modified by these Terms. The Federal Arbitration Act ("FAA") governs the interpretation and enforcement of this section. The arbitrator — and not any federal, state, or local court — shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate.

C. Class Action and Jury Trial Waiver. CUSTOMER OR USER AND COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Unless both Customer or User and Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. Customer or User and Company knowingly and irrevocably waive any right to a trial by jury.

D. Coordinated and "Mass Arbitration" Batching Protocol. To ensure an efficient and cost-effective resolution of disputes, if twenty-five (25) or more similar arbitration demands asserting similar claims are filed against Company by or with the assistance of the same law firm, group of law firms, or coordinated organizations within a 180-day period (a "Mass Filing"), Customer or User and Company agree to the following:

  • Batching. The AAA (or chosen administrator) shall group the arbitration demands into batches of no more than fifty (50) demands per batch ("Batches").
  • Sequential Resolution. Batches will be resolved sequentially. Only one Batch shall be filed, administered, and heard at any given time. No administrative or arbitrator fees shall be assessed, billed, or due by Company for any other Batch until the preceding Batch is fully resolved, settled, or decided.
  • Tolling. The statute of limitations for all claims included in a Mass Filing shall be tolled from the time the first Notice of Dispute is sent until that specific claimant's demand is authorized to be filed under this batching protocol.
  • Enforceability. This batching protocol is a material and integral part of this arbitration agreement. If a court or arbitrator determines that this batching protocol is unenforceable, then the entirety of this Section (Dispute Resolution) shall be null and void, and the parties must resolve their disputes in court.

E. Conspicuous 30-Day Opt-Out Right. Customer or User has the right to opt out of this agreement to arbitrate and class-action waiver. To opt out, send a written, signed notice of the decision to opt out to legal@kinetry.ai within thirty (30) days of the first visit to the website. Any opt-out notice must include: (a) full name; (b) mailing address; (c) the email address associated with the website interaction; and (d) an unequivocal statement that Customer or User declines to agree to this arbitration provision. If Customer or User opts out, both parties shall be bound to resolve disputes in court.

F. Severability. Except as provided in Section D (Mass Arbitration), if any portion of this Dispute Resolution section is found to be illegal or unenforceable, that specific portion will be severed, and the remainder of this section will remain in full force and effect.

21. General

Entire agreement; no assignment by Customer without consent except to a successor in a merger or asset sale; the parties are independent contractors; notices to legal@kinetry.ai; severability; no waiver by conduct; force majeure; order of precedence if a master agreement or order form exists.

22. Website Analytics and Cookies

Kinetry uses cookies, log files, and similar technologies to operate the Service, keep a signed-in user authenticated, maintain security, detect and prevent abuse, diagnose technical issues, and understand and improve website performance. Depending on a User's settings and applicable law, these technologies may collect information such as IP address, browser type, operating system, referring pages, pages visited, and timestamps. Kinetry does not use advertising or marketing trackers, tracking pixels, web beacons, session recording or replay, or a chat widget, and does not sell or share personal information for cross-context behavioral advertising. The specific cookies used are described in the Cookie Policy. By continuing to use the Service after receiving this notice, and by accepting these Terms, Customer and its Authorized Users acknowledge these practices to the extent permitted by applicable law.

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

Kinetry uses only essential and privacy-friendly cookies — no advertising or cross-site trackers — and does not sell or share your personal information. See our Cookie Policy and Privacy Policy.