Kabana AI™ is provided by IndustryConnect, d/b/a Kabana AI, a New Jersey corporation with a business mailing address at 70 South Orange Avenue Suite 105 Livingston, NY 07039 (“Kabana AI” or “we” or the “Company” or the "Companies"), and your use as described herein & throughout this Agreement shall constitute your unconditional and irrevocable agreement with each and every clause within these Terms of Use, Privacy Policy, and other agreements contained on this page, regardless of whether your usage is paid or a part of a free trial.

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Last Updated: August 8, 2024

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By using our software, information, tools, features, and functionality (together the "Service" or "Services") located on our website or platform(s), you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Kabana AI website) or you are a "User" (which means that you have signed up with Kabana AI). The term “you” or "User" refers to a Visitor or a User. If you wish to become a User, whether free or paid, and make use of the Service, you must read this Agreement and indicate your acceptance during the sign-up process. By creating an account on this website or anywhere else to access Kabana AI, you unconditionally and irrevocably accept this agreement and all the terms contained below.

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Eligibility

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You may not use the Service and you may not accept this Agreement if you are not of legal age to form a binding contract with Kabana AI. If you accept this Agreement, you represent that you have the capacity to be bound by it, or if you are acting on behalf of a company or entity, that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.

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Third-Party Service Providers

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Your acceptance of this Agreement signifies your understanding that Kabana AI may incorporate or white-label some parts of the Service that are provided by third-party service providers. These Service Providers may include vendors and suppliers that provide us with technologies, services, and/or content for the platform, updating the data in the platform, analyzing the operation of the platform (“Analytics”), advertising and marketing, and customer services. These third-party technologies and services may be combined with a layer of Kabana AI's proprietary methods and algorithms to provide you with the full suite of services.

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License and Restrictions

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Subject to the terms and conditions of this Agreement, Kabana AI grants to you, during the term of this Agreement, the non-transferable, non-sublicensable, nonexclusive, revocable right to use the Service and the Kabana AI website and/or platform(s) for the sole purpose of research, generating reports, and for personal use, and not for purposes of resale to the public, dissemination to third parties, or for any other purpose. All use of the Services not permitted in these Terms of Use is strictly prohibited. Nothing in this Agreement grants or transfers to you any ownership rights in the Service, including the software and other intellectual property rights related to the Service.

 

Prohibited Activities

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You agree not to:

• Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission.

• Attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services, by hacking, password mining, or any other illegitimate means.

• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

• Engage in any conduct that restricts or inhibits any other user from using or enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.

• Interfere with or disrupt the Services, servers, or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.

• Use any device, software, or routine that interferes with the proper working of the Services, or otherwise attempt to interfere with the proper working of the Services.

• Circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content accessible via the Services.

• Circumvent, disable, or otherwise interfere with security-related features of any third-party services and/or applications such as LinkedIn, Twitter, or Facebook.

 

Intellectual Property

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The Kabana AI Service and the contents of the Kabana AI Website, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under the United States and international copyright, trademark and other laws. The contents of the Kabana AI Website belong or are licensed to Kabana AI or its software or content suppliers. You may download or print a copy of the information provided on or by the Kabana AI Website for your personal and internal use only. Any distribution, reprint, or electronic reproduction of any content from the Kabana AI Website in whole or in part for any other purpose is expressly prohibited without our prior written consent.

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Data Collection and Predictive Analytics

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Kabana AI collects data from its users to improve its sales and marketing automation features. Kabana AI may parse through millions of data points to utilize predictive analytics principles to build its automation engine(s). This data may include, but is not limited to, user behavior on the Kabana AI platform.

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Third-Party Advertisers

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Kabana AI may profit from allowing third-party advertisers to choose filters for accessing users via the Kabana AI platform to display ads. Kabana AI does not provide any personal information to third-party advertisers, and all advertisements are subject to our advertising policies.

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Use of Commercially Available Algorithms

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Kabana AI uses OpenAI, Anthropic, or other blends of proprietary and commercialized algorithms to enhance the user experience and provide insights to the Kabana AI team about how to improve the product and/or value of the company. This may include analyzing user data to identify patterns and trends, improving our automation engine, and creating new features and services.

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Repurposing of Data

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Kabana AI may repurpose the data collected from users for sale to third-party companies. This data will be anonymized and aggregated, and will not include any personally identifying information. We may use the insights gained from the OpenAI algorithms to improve the quality of the data and make it more valuable to third-party companies.

 

Super Database

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Kabana AI is building a super database of buyer intent patterns augmented by contact information. This database will be used to improve the quality of the data and make it more valuable to third-party companies. Even if you are not a user of a Kabana AI product, your information may be collected and remain in this database. By using our platform, you acknowledge and consent to the creation and maintenance of this super database.

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Payment, Fees, and Taxes

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Kabana AI mainly operates on a subscription model, also widely known as Software as a Service (SaaS). All fees will be due and payable upon commencement of the Services. If you fail to pay Service Fees within five (5) business days of notice to you that payment is due or delinquent, or if you do not update payment information upon request, we may suspend or terminate access to the Services by you or your Authorized Users without notice. You will pay all applicable sales, use, service, value-added, consumption, or other taxes associated with the Services you purchase. Upon acceptance of these Terms of Service, you hereby give Kabana AI unconditional permission to utilize any billing methods that you have entered and saved in our payment processing system for automatic billing based on metered usage or overages. In the event that there are any outstanding invoices for any Kabana AI products for more than five (5) business days, Kabana AI reserves the right to automatically charge your payment method on file, if available, in order to prevent a disruption of service. By accepting these terms of service, you acknowledge and agree that you are responsible for maintaining accurate and up-to-date payment information on file with Kabana AI, including any Fractional services and/or LAUNCH startup advisory services.

 

Utilization of Revenue

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You acknowledge that any and all payments made to Kabana AI for the Services provided, including but not limited to payments for subscriptions, licenses, or fees, are revenues earned by Kabana AI, a private company. As a private company, Kabana AI may utilize its revenues as it sees fit, including but not limited to paying off existing liabilities or funding new initiatives. Kabana AI has no obligation to disclose the use of its incoming funds to consumers. By accepting these Terms, you unconditionally and irrevocably agree that Kabana AI has the right to use any incoming funds paid by you as it sees fit.

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Refunds

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Kabana AI DOES NOT provide refunds for any reason, except for an accidental charge after the account was canceled in writing no later than 30 calendar days in advance. However, in the unlikely event that you find the service unsatisfactory and request a refund, Kabana AI may issue a credit to you up to the amount of the monthly subscription fee that you paid in the form of a major retailer's acceptable payment methods. This credit can be used on a majority of internet commerce websites and major technology retailers and platforms, such as Amazon. You unconditionally and irrevocably guarantee that you or any of your representatives will not submit a chargeback or dispute request with your credit card holder in an attempt to retract funds from Kabana AI based on your non-compliance with these terms.

 

Privacy and Non-Disparagement

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For information about Kabana AI’s privacy practices, please read our Privacy Policy. By using any product, website, or tool, you unconditionally and irrevocably agree to keep any and all Kabana AI trade or business knowledge related to the Company, its products, its users, employees, staff, contractors, affiliates, shareholders, and parent company a secret, and that as the end-user you shall not disparage the company in any way, shape, or form that is intended to dissuade the future public from using the product or service.

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Optional Marketing Authorization

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If you sign up for the Services using a business or professional email address, you grant Kabana AI the right to feature your company name, logo, and likeness in Kabana AI marketing materials and communications. This authorization is voluntary and revocable at any time by emailing info@kabanaai.com. Kabana AI agrees to immediately cease and desist usage of your company's name, logo, or likeness upon receiving your revocation of this optional marketing authorization. Kabana AI further agrees to use your company's name, logo, and likeness only in direct association with your use of Kabana AI's services.

 

Termination

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We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

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Governing Law and Dispute Resolution

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These Terms shall be governed and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any and all disputes arising out of or in connection with these Terms or the Services shall be resolved exclusively through binding arbitration under the auspices of JAMS, in accordance with its rules, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the English language in Boca Raton, Florida, USA. Each party shall bear its own costs and expenses (including legal fees and expenses) associated with such arbitration, regardless of the outcome. By using the Services, you hereby waive any right to a courtroom process or to a trial by jury.

 

Indemnification

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You unconditionally and irrevocably agree to indemnify and hold harmless Kabana AI, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, any use of the Service's content, services, and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Service.

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Equal Opportunity Employment

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Kabana AI is an equal opportunity employer and is committed to creating a diverse and inclusive workplace. We welcome individuals from all walks of life, including those who identify as LGBTQ+, those with a criminal record as part of our Second Chance Act, and those with physical or mental illnesses. At Kabana AI, we believe that our differences make us stronger and we value the unique perspectives and experiences that each member of our team brings to the table. By choosing to work with us, you unconditionally and irrevocably agree that Kabana AI is not engaging in discriminatory conduct and that any decisions regarding employment are based solely on an individual's qualifications and ability to perform the job duties.

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Furthermore, Kabana AI may contract with or employ individuals who are part of the aforementioned groups under their "doing business as" (DBA) name in order to protect both the individual and Kabana AI from public discrimination or biases. Any individuals or organizations who attempt to disrupt or disparage Kabana AI or the individual(s) in question, especially without factual evidence of malicious intent or wrongdoing, shall be considered to be engaging in criminal extortion and will be reported to the appropriate authorities, including but not limited to the FBI’s extortion department pursuant to The Hobbs Act. Kabana AI and DocK Ventures LLC reserve the right to pursue legal action for tortious interference damages, and will not hesitate to do so to protect its brand image and employees, contractors, shareholders, and affiliates and the business well-being of Kabana AI's customers.

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Limitation of Liability

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TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Kabana AI, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE SERVICE AND THE Kabana AI WEBSITE IS PROVIDED FOR EVALUATION AND TESTING PURPOSES ONLY, AND OWING TO ITS EXPERIMENTAL NATURE, YOU ARE ADVISED NOT TO RELY ON THE FEATURES OR PERFORMANCE OF THE SERVICE AND THE Kabana AI PRODUCT SUITE'S WEBSITE(S) FOR ANY REASON. YOU AGREE TO USE THE SERVICE AND THE Kabana AI WEBSITE WITH ALL DUE CAUTION.

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No Warranty

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ALL OF Kabana AI’S SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Kabana AI DISCLAIMS ANY WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. Kabana AI DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Kabana AI OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. Kabana AI MAINTAINS THAT PAST PERFORMANCE FOR ANY CLIENT AND/OR USER(S) ARE NOT INDICATIVE OF FUTURE RESULTS.

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Kabana AI MAKES NO REPRESENTATIONS, CONDITIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE Kabana AI WEBSITE OR OF THE SERVICE, OR WHICH IS DERIVED FROM OR BY THE USE OF THE Kabana AI WEBSITE OR THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE CONTENT AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE Kabana AI WEBSITE OR THE SERVICES. Kabana AI DOES NOT WARRANT OR REPRESENT THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OR IMPROPER ACCESS TO YOUR DATA. Kabana AI IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.

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Changes to Terms of Use

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We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect, however we cannot promise that notifications shall be delivered and also received. What constitutes a material change will be determined at our sole discretion.

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Although Kabana AI attempts to ensure the integrity and accuracy of the Kabana AI Website, it makes no guarantees whatsoever as to the correctness or accuracy of the Kabana AI Website. It is possible that the Kabana AI Website could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Kabana AI Website by third parties. In the event that an inaccuracy arises, please inform Kabana AI, so that it can be corrected.

 

Miscellaneous

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If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of this Agreement that is unlawful, void, or unenforceable shall be stricken from this Agreement.

You agree that if Kabana AI does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Kabana AI has the benefit of under any applicable law), this will not be taken to be a formal waiver of Kabana AI’s rights, and that those rights or remedies will still be available to Kabana AI.

All covenants, agreements, representations, and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement. Notwithstanding any term to the contrary contained in this Agreement, the provisions that by their nature ought reasonably to survive shall survive any actual or purported termination or expiry of this Agreement and continue in full force and effect, including, without limitation, all sections herein.

This Agreement represents the entire understanding and agreement between you and Kabana AI (and IndustryConnect by association) regarding the subject matter of the same and supersedes and replaces all other previous agreements, including, without limitation, all previously posted agreements.

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Contact Us

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If you have any questions about these Terms, please contact us at info@kabanaai.com.

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Last Updated

August 8, 2024

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