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Kinetry Terms of Service

Effective: July 7, 2026

These Terms of Service ("Terms") are a binding agreement between Kalgren Consulting LLC, doing business as Kinetry ("Kinetry," "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 that collects workplace behavioral assessments, 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 you create an account or upgrade 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.
  • "Results" — scores, analytics, reports, and AI-generated content the Service derives from Customer Data.
  • "Authorized User" — an individual Customer permits to use the Service (employees, contractors, advisors).
  • "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 is solely responsible for: (a) providing any notices to, and obtaining 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; and (c) the accuracy and lawfulness of Customer Data. The Service is offered to customers in the United States only at this time.

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.

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

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

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.

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