These Terms of Service ("Terms") govern your use of Kilo (the "Service"), provided by Nerdy Consultants LLC, a Kentucky limited liability company ("we", "us", "our"). By creating an account or using the Service, you ("Customer", "you") agree to these Terms.
1. Definitions
- Service — the Kilo software-as-a-service platform, including the web application, mobile applications, APIs, and any related tools we provide.
- Customer Data — data, records, files, images, communications, and other content that you or your users submit to or generate through the Service.
- Tenant — the business account under which your users operate.
- User — an individual authorized by you to access the Service under your Tenant.
- Subscription — the paid plan you choose to access the Service.
2. The Service
Kilo is contractor operations software. We provide it on a subscription basis. Features, limits, and pricing depend on your subscription tier and may change with notice as described below.
3. Account Registration
You must:
- Provide accurate account information and keep it current.
- Protect your login credentials and take responsibility for activity under your account.
- Ensure your Users comply with these Terms.
- Be at least 18 years old and authorized to bind your business.
We may suspend or terminate an account we reasonably believe was created with false information or used to violate these Terms or our Acceptable Use Policy.
4. Subscription Tiers and Billing
4.1 Plans
Solo plans (per user):
- Solo Assistant — $199/month
- Solo Closer — $299/month
- Solo Growth — $349/month
- Solo Claims — $399/month
- Solo Pro — $499/month
Team plans:
- Teams Sales — $999/month
- Teams Growth — $1,499/month
- Teams Claims — $1,999/month
- Full Crew — $2,499/month
Enterprise plans:
- Enterprise Command — $9,999/month
- Command Elite — starting at $19,999/month
Current features per tier are listed at kilobuild.ai/pricing. We may add, retire, or reconfigure tiers with 30 days' notice.
4.2 Payment
- Subscriptions are billed monthly or annually in advance, in U.S. dollars.
- Annual plans may receive a discount as posted at time of purchase.
- Fees are charged to the payment method you provide and auto-renew for successive terms unless cancelled before renewal.
- Fees are non-refundable except as required by law or as expressly stated in these Terms.
- If a payment is more than 10 days late, we may charge interest at 1.5% per month (or the maximum allowed by law, whichever is lower) and suspend the Service until paid.
- Taxes are your responsibility except for taxes on our net income.
4.3 Cancellation and Refunds
You may cancel at any time through the Service or by emailing [email protected]. Cancellation stops the next renewal; it does not refund fees already paid, except as provided in section 4.4 and except that annual plans cancelled within 14 days of first purchase are refundable on a pro-rata basis for the unused portion.
4.4 30-Day Money-Back Guarantee
New paid Kilo subscribers may request a full refund of their first month's subscription fee within 30 days of first payment, for any reason.
To request one, email [email protected] from the Kilo account owner's email address with the subject line "30-day refund." Refunds are processed within 5 business days to the original payment method.
This guarantee applies to your first paid month only. It does not apply to renewals, to upgrades, or to any month after the first. It applies to Solo and Teams tiers. Enterprise Command and Command Elite tiers instead include a separate 60-day pilot period, negotiated in the contract.
Where this guarantee and the annual pro-rata refund in section 4.3 could both apply to the same first purchase, you may use whichever gives the larger refund — not both.
5. Acceptable Use
Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms.
6. Intellectual Property
- Our IP. We own the Service, including its software, design, branding (including the name "Kilo"), documentation, and all improvements. Nothing in these Terms transfers our intellectual property to you.
- Your IP. You own your Customer Data. You grant us a limited, non-exclusive, worldwide license to host, process, transmit, display, and back up Customer Data solely to provide, secure, and improve the Service.
- Feedback. If you send us suggestions or feedback, you grant us a perpetual, royalty-free license to use it without restriction.
7. Customer Data and Export
- Ownership. Customer Data remains yours at all times.
- Export. During your subscription and for 30 days after termination, you may export your Customer Data through the Service's export tools. After 30 days, we may delete Customer Data unless a longer retention period is required by law.
- Backup. We take commercially reasonable steps to back up Customer Data, but you are responsible for maintaining your own copies of anything you cannot afford to lose.
8. Confidentiality
Each party will protect the other's non-public information disclosed under these Terms with the same care it uses for its own confidential information (and no less than reasonable care) and will use it only to perform under these Terms. This obligation continues for 3 years after termination. It does not apply to information that is public, independently developed, rightfully received from a third party, or required to be disclosed by law (with notice to the other party where permitted).
9. Warranties and Disclaimers
We warrant that we will provide the Service with reasonable skill and care and in substantial conformity with our published documentation.
Except for the warranty in this section, the Service is provided "AS IS" and "AS AVAILABLE". To the fullest extent permitted by law, we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or completely secure.
Document Templates. Kilo provides example document templates as a convenience. All templates are provided "as-is" without any representation or warranty regarding legal sufficiency, state compliance, or fitness for a particular purpose. Each Tenant is solely responsible for reviewing, editing, approving, and transmitting documents through the Service. Nerdy Consultants LLC disclaims any liability arising from the content, enforceability, or legal consequence of documents created or sent through Kilo.
10. Limitation of Liability
To the fullest extent permitted by law:
- Neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenues, data, or business opportunities, even if advised of the possibility.
- Our total aggregate liability under these Terms will not exceed the fees you paid us for the Service in the 12 months preceding the event giving rise to the claim.
These limits do not apply to your payment obligations, either party's indemnification obligations, or a party's gross negligence, willful misconduct, or infringement of the other party's intellectual property.
11. Indemnification
- By us. We will defend and indemnify you against a third-party claim that the Service, as provided by us and used within these Terms, infringes that third party's U.S. intellectual property rights, and pay damages finally awarded or agreed in settlement.
- By you. You will defend and indemnify us against any third-party claim arising from Customer Data, your use of the Service in violation of these Terms or applicable law, or your products and services.
Indemnification requires prompt notice, sole control of the defense by the indemnifying party, and reasonable cooperation from the indemnified party.
12. Term and Termination
- These Terms start when you accept them and continue until your subscription ends.
- Either party may terminate for material breach that is not cured within 30 days of written notice.
- We may suspend the Service immediately for non-payment, security risk, or violation of the Acceptable Use Policy.
- On termination, your right to use the Service ends, outstanding fees become due, and Section 6, 7, 8, 9, 10, 11, and 15 survive.
13. Modifications to the Service and Terms
We may modify the Service at any time. We may modify these Terms by posting the updated version at kilobuild.ai/legal/terms and, for material changes, notifying you at least 30 days in advance. Continued use after the effective date is acceptance. If you object to a material change, your remedy is to cancel before it takes effect.
14. Governing Law and Dispute Resolution
- Governing law. These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to conflict of laws principles.
- Informal resolution. Before filing a claim, the parties will attempt in good faith to resolve the dispute for at least 30 days after written notice.
- Arbitration. Any dispute not resolved informally will be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, held in Louisville, Kentucky, in English. Judgment on the award may be entered in any court of competent jurisdiction.
- Exceptions. Either party may seek injunctive or equitable relief in the state or federal courts located in Jefferson County, Kentucky for infringement or misuse of intellectual property or confidential information.
- No class actions. Claims will be arbitrated on an individual basis. Class, collective, and representative actions are waived.
15. General
- Assignment. You may not assign these Terms without our written consent, except to a successor in a merger, acquisition, or sale of all or substantially all of your assets. We may assign these Terms in connection with any such transaction.
- Notices. Notices to us go to [email protected]. Notices to you go to the email on your account.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
- Independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
- Severability. If any provision is unenforceable, the rest remains in effect.
- Entire agreement. These Terms, together with the Acceptable Use Policy, Privacy Policy, and any order form or Data Processing Agreement, are the entire agreement between the parties on this subject.
16. Contact
Nerdy Consultants LLC
Louisville, Kentucky
[email protected]