Terms and Conditions

Effective Date: October 16, 2026

These Terms and Conditions ("Terms") govern the online safety, compliance, training, and operational-management software, related features, and mobile applications offered by Kresynt, LLC ("Kresynt," "we," or "us") (the "Service"), and kresynt.com and its subdomains (the "Websites"). The Service and Websites, individually or together, are the "Platform."

"Customer" is the organization or individual that registers for or orders the Service in its own name. A representative accepting for an organization binds the organization, not themselves as Customer. "Authorized Users" are individuals Customer permits to use its Service account ("Account"). "Site Visitors" visit the Websites without using an Account. Authorized Users and Site Visitors are "Users." Customer's payment, indemnity, and reimbursement obligations do not become an Authorized User's personal obligations merely through use of Customer's Account.

Customer accepts these Terms by affirmative electronic acceptance or an accepted Order that incorporates them. Its representative warrants authority to bind Customer. Users are bound only by provisions applicable to their own conduct and access, upon legally sufficient notice and assent. A person who does not agree must not use the applicable Platform features.

These Terms, accepted Orders, and any executed Customer Agreement, data processing addendum, or business associate agreement together form the "Agreement," subject to Section 17.4. The Privacy Policy describes personal-information practices.

IMPORTANT: SECTION 13 REQUIRES BINDING INDIVIDUAL ARBITRATION AND A CLASS-ACTION WAIVER, SUBJECT TO ITS STATED EXCEPTIONS.

1. Eligibility and Customer Responsibilities

1.1 Eligibility

Customer must have legal capacity to contract. Individuals accepting for Customer must be at least 18. Authorized Users must also be at least 18 unless a signed Customer Agreement expressly permits a supported minor-worker arrangement. Under-18 access, training assignments, and worker records require that agreement and appropriate consent, privacy, and employment safeguards. Children under 13 may not access the Service, and their personal information may not be submitted. Previously prohibited persons may not return without Kresynt's written permission.

1.2 Customer Administration and Workplace Duties

Customer controls its Account, permissions, recipients, and Authorized Users and is responsible for its Authorized Users' acts and omissions in connection with the Service as if they were Customer's own. Section 2.3 addresses unauthorized access by others. Customer remains responsible for workplace conditions, inspections, training, supervision, reporting, recordkeeping, and legal compliance; the Service assists with, but does not perform, those duties. An assignment, completion acknowledgment, signature, or audit entry alone does not establish that work was performed correctly, training was understood, or a legal requirement was satisfied. Section 6.6 addresses operational alerts, equipment status, and independent safeguards.

1.3 Paid, Free, and Evaluation Access

A "Trial" is no-fee evaluation access during the disclosed "Trial Period" under Section 15.3. A "Free Plan" is a no-fee plan without a stated end date. Features, quantities, permitted uses, and evaluation limits are those disclosed in the applicable Order or offer. These definitions do not promise a particular feature or authorize subsequent charges.

An "affected Service" is the subscription or separately ordered product, module, or service directly involved in the relevant event. A feature not separately ordered is part of its subscription or bundle. An event may affect more than one Service. Section 8.4 separately fixes the Services and fees used to calculate the liability cap.

2. Account Registration and Security

2.1 Registration and Credentials

Customer and Authorized Users must provide accurate, current information, safeguard credentials, use available access controls appropriately, and promptly remove access that is no longer authorized. Credentials include passwords, passkeys, tokens, and login codes. Individual credentials may not be shared to bypass user-specific controls or subscription limits. Customer is responsible for its devices, networks, integrations, and administrative settings.

2.2 Administrators and Instructions

An "Account Administrator" is an adult Customer authorizes to administer its Account. Customer may assign administrators different roles, including authority to manage subscriptions and payment methods. The verified adult holder of an individual, Free Plan, or Trial Account may act as its administrator. Kresynt may reasonably rely on authenticated instructions within the administrator's assigned role, subject to known limits and reasonable identity and authority verification. Customer must resolve internal authority disputes; Kresynt may restrict disputed access while verifying lawful instructions.

2.3 Unauthorized Use and Reporting

Customer and Users must promptly report suspected unauthorized access to [email protected] and reasonably cooperate in securing the Account. Kresynt will take reasonable steps to investigate and restrict confirmed unauthorized access and may require reasonable verification before restoring access or releasing information.

Customer is responsible for resulting losses to the extent caused by its or its Authorized Users' breach of security obligations, fraud, intentional misconduct, or failure to notify or reasonably cooperate. Account use alone does not assign every loss to Customer. Notice does not excuse an earlier breach or end continuing security duties. Kresynt's express obligations and non-waivable duties remain applicable, but liability and remedies under this subsection are governed by Sections 8 and 9; no additional exception to Section 8 is created.

3. Intellectual Property

3.1 Platform Rights

Kresynt and its licensors retain all rights in the Platform, software, documentation, designs, templates, methods, and trademarks, including modifications and improvements. No rights are transferred except the licenses expressly granted. Customer content and output rights are addressed in Sections 4.1 and 5.4. Users may not remove proprietary notices or use Kresynt's marks to imply endorsement without permission.

3.2 Copyright Complaints

Kresynt may remove or disable disputed content, will terminate repeat infringers in appropriate circumstances, and will accommodate applicable standard technical measures. Copyright notices and counter-notices must follow Section 18.2. These Terms do not authorize infringement or prevent legally protected reporting.

4. Customer Content and Feedback

4.1 Definitions and Ownership

"Customer-Supplied Content" means information, files, documents, images, recordings, prompts, links, and other materials Customer or Authorized Users upload, import, submit, store, or distribute through the Service, including third-party materials. "User Content" includes Customer-Supplied Content and AI-Generated Content produced for Customer and saved or made available in its Account.

As between the parties, Customer and its licensors retain their rights in Customer-Supplied Content. These Terms do not resolve ownership disputes among Customer, its personnel, or third parties. Section 5.4 governs output rights. The same rules apply to paid Accounts, Free Plans, and Trials. Stored User Content, including saved outputs, is subject to Section 14.

4.2 Processing License

Customer grants Kresynt a limited, non-exclusive, worldwide, royalty-free license to host, access, copy, process, adapt, translate, transmit, and display User Content to provide, operate, maintain, secure, troubleshoot, and support the Service; carry out Customer's instructions; investigate suspected violations; and comply with law or valid legal process. Improvements and model training are subject to Section 5.5. The license does not authorize independent advertising use or public disclosure, except distribution Customer instructs or authorizes through intended features.

Kresynt may sublicense these rights to providers acting for it under appropriate confidentiality, security, and use restrictions. Section 11.2 governs delegated performance. The license is assignable only under Section 17.5 and survives termination only for permitted retention, export, security, legal compliance, and deletion.

4.3 Customer Responsibility and Permissions

As between Customer and Kresynt, Customer is solely and fully responsible for Customer-Supplied Content, including its legality, accuracy, integrity, safety, suitability, necessary permissions, and recipients. Customer warrants that it has the rights, consents, and other lawful authority needed to collect, record, upload, process, translate, and distribute the content and instruct Kresynt to do so. This includes required permissions for employee information, images, audio or video recording, and third-party intellectual property. Hosting, processing, or delivery by Kresynt does not transfer these responsibilities.

4.4 Illegal Content and Malware

Customer must not upload, store, transmit, link to, or distribute unlawful or infringing material, or viruses, ransomware, worms, trojans, spyware, credential-stealing content, malicious scripts or macros, or other malicious code or material designed to compromise systems, expose information, or harm recipients ("Malware"). Customer must use reasonable, current security measures to check its files and sources before upload and distribution.

These obligations apply whether or not Customer knew the material was unlawful or contained Malware, and whether it obtained the material from a third party. Lack of knowledge does not itself transfer responsibility to Kresynt. Sections 10.1 through 10.3 govern third-party indemnity; Section 10.4 separately addresses direct response costs.

4.5 Distribution and Review

Customer must review and authorize Customer-Supplied Content before distributing it to employees, contractors, or other recipients through assignments, shared links, email, downloads, integrations, or other methods. Customer remains responsible for unlawful content or Malware it or its Authorized Users upload and distribute, recipient selection, access permissions, and reasonable precautions against unauthorized forwarding or disclosure. AI translations also require Section 5.2's review.

A successful upload, scan, translation, delivery, or download is not Kresynt's approval or guarantee of legality, accuracy, or safety. Copies distributed or downloaded outside the Platform may remain available after Platform access is revoked. Customer must address copies and recipients within its control.

4.6 Notification and Protective Action

Upon discovering or reasonably suspecting unlawful content or Malware, Customer must promptly stop affected distribution, notify [email protected], and reasonably cooperate in withdrawal, investigation, remediation, and legally required or reasonably necessary recipient notification. Kresynt may reject, quarantine, restrict, remove, or disable affected content, links, or access as reasonably necessary and lawful, while preserving evidence when required.

Kresynt has no general obligation to pre-approve or continuously monitor content beyond its express commitments and legal duties. Screening does not replace Customer's review. These provisions allocate responsibility between the parties; they do not waive nonconsenting recipients' rights.

4.7 Feedback

"Feedback" means voluntary suggestions about improving the Platform, not private Account records unless expressly submitted as Feedback. The submitter grants Kresynt a worldwide, perpetual, irrevocable, royalty-free, non-exclusive license to use, adapt, and commercialize Feedback. This does not authorize disclosure of confidential User Content or unapproved testimonials. Publicly submitted reviews may be displayed in their intended context and moderated lawfully. Section 17.9 separately governs limited customer-list identification.

5. Artificial Intelligence and Translations

5.1 Outputs and Human Judgment

The Service uses AI and machine-learning systems to produce reports, findings, analyses, recommendations, summaries, translations, and other outputs ("AI-Generated Content"). Outputs may be incorrect, incomplete, outdated, biased, or unsuitable, even when expressed confidently. Customer must independently evaluate and verify them before reliance and remains responsible for resulting decisions and actions.

Outputs are informational assistance, not legal, medical, compliance, or professional safety advice. They do not establish that a workplace is safe, every hazard has been found, or regulatory duties have been satisfied. Customer must obtain qualified review and must not substitute the Service for required inspections, supervision, professional judgment, or emergency response. Section 6.6 applies to safety-related features whether or not they use AI.

Customer must not use outputs as the sole basis for decisions producing legal or similarly significant effects for an individual, including hiring, discipline, termination, compensation, or certification. Customer is responsible for applicable notices, assessments, human review, appeal rights, and other requirements.

5.2 AI Translation and Mandatory Review

Translations are produced by AI and automated systems and, unless expressly agreed otherwise in writing, are unverified drafts, not human-reviewed or professionally certified translations. Errors may affect warnings, negations, technical terminology, names, numbers, quantities, units, and meaning.

Before publishing, assigning, distributing, or relying on a translation for operational, safety, compliance, or training purposes, Customer must obtain review and approval by a person competent in both languages and knowledgeable about the subject matter. Customer must compare the translation with its source, verify accuracy, completeness, meaning, and recipient suitability, correct errors, and repeat review after material changes. Sharing solely with designated reviewers before approval is permitted.

5.3 Safety-Critical Use and Corrections

The review and approval required by Section 5.2 apply to all operational translations, including hazard warnings, emergency procedures, equipment instructions, employee training, and regulatory submissions. Consulting another source does not excuse that review. Customer remains responsible for approved translations, their distribution, and applicable language, comprehension, and certification requirements. A delivery receipt or completion acknowledgment alone does not establish compliance. Customer must investigate and correct material discrepancies before further operational use.

5.4 Output Rights

To the extent rights exist and are transferable, Kresynt assigns Customer the rights Kresynt holds in outputs produced for Customer and made available in its Account. This excludes Kresynt's pre-existing technology and materials and third-party rights. Kresynt grants a continuing, worldwide, non-exclusive, royalty-free license to its materials embedded in those outputs only as needed to use and distribute the outputs lawfully; that license does not grant access to Platform software or separately licensed materials.

Outputs may not be unique or legally protectable. Kresynt does not guarantee exclusivity, copyrightability, or freedom from third-party rights. Saved outputs are User Content; export availability depends on whether they are stored as structured data or attachments under Section 14.4.

5.5 Model Training and Service Improvement

Kresynt will not use User Content to train or fine-tune AI or machine-learning models, or authorize its providers to do so, without Customer's separate express written opt-in describing that use. General acceptance of these Terms, free access, or a Privacy Policy change is not that consent.

Inference, translation, reports, and Customer-directed search, retrieval, or indexing are permitted Service processing, not model training. Security and troubleshooting remain subject to Sections 4.2 and 7. Kresynt may use aggregated or de-identified operational metrics to improve reliability, capacity, and usability where they do not identify Customer or individuals, disclose User Content, or circumvent the model-training restriction. Kresynt will not attempt to re-identify those metrics except as law permits for verifying or maintaining de-identification.

5.6 Automated Actions and AI Agents

This subsection applies only where Customer enables an available feature that takes actions under Customer-configured instructions, whether rule-based or AI-assisted. It does not promise that any particular agent or automation is available. Customer must define authorized objectives, actions, recipients, and access permissions; test its configurations using supported controls; and assign appropriate supervision. Customer authorizes actions within that configured scope, not actions outside it merely because they occur through the feature.

Customer must review results as appropriate to the risks, promptly correct or disable unsafe configurations, and revoke permissions that are no longer appropriate. Decisions authorizing use of restricted equipment or hazardous activity require approval by appropriately qualified and authorized personnel; an automated status change alone is not that approval. Configured warnings may be sent automatically without approval of each message, but translations remain subject to Section 5.2 and all safety-related workflows to Section 6.6. Customer instructions and supervision duties do not transfer Kresynt's own obligations to Customer.

6. Access, Acceptable Use, Safety, and Suspension

6.1 Permitted Access

Subject to the Agreement and applicable Order, Kresynt grants Customer and Authorized Users a limited, non-exclusive, non-transferable right to use the subscribed Service during its term for Customer's internal purposes and other uses expressly authorized in the Order. Intended distribution of Customer materials to authorized recipients is permitted. An Order may expressly authorize use for affiliates or consulting clients; that use does not release Customer from its obligations. Site Visitors may use public Websites for their intended purposes. Reselling or sublicensing Platform access requires written permission.

Customer must comply with disclosed seat, storage, usage, and feature limits and supply compatible equipment and connectivity. Kresynt may enforce technical limits or require an agreed upgrade rather than permit excess use; Section 15 governs additional fees. Support requests may be sent to [email protected]. No uptime percentage, response-time guarantee, or service credit applies unless expressly agreed in writing.

6.2 Prohibited Conduct

Customer and Users must not: (a) access nonpublic systems or other Accounts without permission; evade security, authentication, usage limits, or safety controls; introduce Malware; overload or disrupt the Platform; or conduct unauthorized security testing; (b) use the Platform for unlawful, fraudulent, infringing, threatening, harassing, or deceptive conduct, unauthorized disclosure, spam, or falsified safety or training records; or (c) reverse engineer except where law permits despite this restriction, scrape through unsupported means, resell unauthorized access, copy the Platform to build a competing service, extract models, or attempt to expose hidden instructions, credentials, or another customer's data.

Prompt injection or other manipulation intended to bypass protections, exfiltrate information, or disrupt the Service is prohibited. Authorized integrations, ordinary prompts, export of Customer's own data, and permitted evaluation are not prohibited. Security testing requires express written authorization or an applicable published testing policy. Competitive benchmarking using nonpublic access requires written permission; this does not restrict truthful reviews, lawful reporting, or other protected disclosures.

6.3 Workplace Records and Restricted Data

Customer may submit lawful employee, inspection, training, certification, and incident records relevant to intended Service functions, including injury or illness details reasonably needed for workplace safety. Customer must minimize unnecessary sensitive information, provide required notices, obtain lawful authority, and restrict access and distribution.

Unless a signed Customer Agreement expressly authorizes the use and safeguards, Customer must not submit information requiring Kresynt to act as a HIPAA business associate, unrelated medical histories, government identification numbers or copies, full financial-account or payment-card details, biometric identifiers, or other information requiring unsupported protections. A HIPAA-regulated use also requires an executed business associate agreement. Authorized payment-processor submissions and identity evidence specifically requested under Section 14.4 are limited exceptions. Section 1.1 governs minor-worker data. Unlawful sexual content, including child sexual abuse material, is prohibited.

6.4 Suspension and Termination for Cause

Kresynt may promptly restrict or suspend access to address reasonably suspected security threats, illegal content, fraud, serious or repeated abuse, prohibited safety-critical reliance under Section 6.6, legal requirements, or material harm. The restriction may extend to an entire Account when reasonably necessary. Kresynt will give notice when lawful and practicable and may notify Account Administrators. It may restore access when the basis is resolved and appropriate safeguards are in place.

Kresynt may also suspend access for undisputed Service charges unpaid more than 10 calendar days after written notice of nonpayment. It will restore access promptly after payment only if no independent suspension ground remains and the affected Service has not been validly terminated.

For an ordinary, curable material breach, Kresynt will give written notice describing the breach and 30 calendar days to cure before terminating for cause; the cure period for undisputed nonpayment is 10 calendar days. Kresynt may terminate for failure to cure, an incurable material breach, or a repeated material breach after written warning. It may terminate immediately where law requires or temporary restrictions cannot reasonably prevent serious ongoing harm.

Suspension alone does not terminate the Service or suspend payment obligations. Section 15.2 protects genuine billing disputes, Section 15.7 governs refunds, and Section 14 governs resulting data access. Restoration is not required after valid termination.

6.5 Preview Features

Features specifically identified as alpha, beta, preview, or experimental are optional evaluation features and may change or end. Customer must not depend on them for production-critical or safety-critical decisions. Unless expressly agreed, they have no separate support or service-level commitment. This subsection does not remove the content-use, confidentiality, security, and non-waivable obligations applicable to User Content they process. Ending a preview does not override Section 12.2 for core functionality committed as part of a paid Service.

6.6 Safety-Critical Reliance and Operational Alerts

6.6.1 Scope and Permitted Use

The Service may generate or communicate weather warnings, equipment restrictions, hazard notices, reminders, status indicators, and other operational information ("Operational Alerts") through supported email, SMS, push, in-app, or integration features. These features assist Customer's safety management and may be used for that purpose subject to this subsection. They supplement independent safety procedures; the Service is not an autonomous safety-control system. Unless expressly included in the Agreement, Kresynt does not provide human monitoring, emergency dispatch, or on-site supervision.

6.6.2 High-Risk Reliance and Independent Safeguards

Customer must not make the Service the sole effective safeguard against a condition that could cause death, bodily injury, or physical or environmental damage, or use it to replace a safety or emergency system required by law. Customer must design, implement, and maintain its work processes so that appropriate, reasonably safe, and lawful protective measures remain effective if the Service or its data sources, infrastructure, or delivery channels fail, are delayed, or provide incorrect information.

Those measures must be proportionate to foreseeable risks and include appropriate independent inspections, monitoring, supervision, equipment controls, and emergency communications. Customer must account for shared failure points; using two notification channels does not establish independence when both depend on the same failed process. Customer must not wait for a Kresynt warning before responding to a known hazard or an official emergency instruction.

6.6.3 Generation, Timing, and Delivery Limitations

Operational Alerts may be missed, incomplete, inaccurate, duplicated, stale, delayed, or unavailable because of source-data limitations, processing intervals, software defects, configuration errors, cloud or communications-provider failures, queues, network or power interruptions, filtering, device settings, or other causes. Except for an express commitment in the Agreement, Kresynt does not guarantee detection of every condition, continuous monitoring, a particular warning lead time, or generation, transmission, delivery, receipt, acknowledgment, or action on every alert. These limitations apply whether a failure arises in Kresynt software, a provider, or a downstream channel, subject to Section 6.6.7.

6.6.4 Weather Information and Equipment Restrictions

Weather information may not reflect conditions at a particular worksite or identify every hazardous condition. Customer must assess actual local conditions, monitor appropriate independent sources and official warnings, and maintain hazard-appropriate stop-work, shelter, and evacuation procedures.

Customer must independently remove unsafe equipment from service, prevent unauthorized use, and control return to service through appropriately qualified and authorized personnel, following applicable law and equipment instructions. A software status entry or notification alone does not physically disable equipment or perform isolation, tagging, or required lockout procedures. The absence, delay, expiration, or unavailability of a warning, or a displayed status alone, is not confirmation that conditions are safe or authorization to operate restricted equipment or continue hazardous activity.

6.6.5 Customer Configuration and Response

Before enabling safety-related alerts, Customer must have a responsible administrator review these limitations, document appropriate independent safeguards and escalation procedures, and communicate relevant duties and limits to affected personnel. Customer must maintain accurate worksite locations, equipment identifiers, thresholds, schedules, recipients, contact information, and required permissions; verify its configurations and supported channels before use and after material changes; and arrange alternatives for unavailable channels or recipient opt-outs.

Customer must designate personnel to act on warnings and to follow an independent response procedure when critical information, delivery, or acknowledgment is missing, stale, or suspect. After addressing immediate safety needs, Customer must promptly report suspected alert defects to [email protected] and reasonably cooperate in investigation. Support is not an emergency-response channel. Kresynt may request reasonable confirmation of Customer's compliance with this subsection; reviewing that confirmation does not constitute a safety audit or approval of Customer's workplace.

6.6.6 Meaning of Message Status

Creation, queuing, submission, provider acceptance, reported delivery, and acknowledgment are different stages. A provider's acceptance does not establish recipient receipt; a delivery report does not establish review, comprehension, or protective action. Customer must interpret a status according to the stage and information it describes, not as proof of later stages. These Terms do not promise that every channel supplies every status or acknowledgment feature.

6.6.7 Enforcement and Liability

Violations are subject to Section 6.4. Covered third-party claims arising from Customer's breach are governed solely by Section 10, including its causation exclusions and defense procedures. Kresynt's obligations for delegated performance remain governed by Section 11.2; involvement of a provider does not itself establish an excuse under Section 17.1. Liability for Operational Alerts and safety-related features remains subject to Sections 8 and 9. This subsection does not cancel express contractual or non-waivable duties, create another liability-cap exception, or waive a non-assenting person's rights. Contractual, billing, privacy, security-incident, and other legally required notices remain subject to their separate notice requirements.

7. Privacy, Confidentiality, Security, and Communications

7.1 Privacy and Data Processing

The Privacy Policy at https://kresynt.com/privacy describes personal-information practices. Customer is responsible for lawful collection, instructions, disclosures, and required employee or recipient notices. Kresynt processes User Content under Section 4.2 and any applicable data processing addendum ("DPA"). Any legally required DPA, international-transfer arrangement, business associate agreement, or supplemental switching terms must be in place before the relevant processing or Service begins. These Terms do not replace those documents or restrict non-waivable data-protection or switching rights.

7.2 Confidentiality

Each party must protect the other's nonpublic information marked confidential or reasonably understood to be confidential, using at least reasonable care and no less care than for its own comparable information. Nonpublic User Content is Customer's confidential information. Use is limited to performing or exercising rights under the Agreement. Disclosure is limited to personnel, advisers, and providers with a need to know and appropriate confidentiality duties, and recipients the disclosing party authorizes.

The duty excludes information the recipient can establish was lawfully known without restriction, independently developed, rightfully received without restriction, or public without breach. Required legal disclosure is permitted; where lawful and practicable, the recipient will give advance notice and reasonable assistance, at the discloser's expense, in seeking protection. These duties continue while the information remains confidential under this subsection.

When its right to use Kresynt's confidential materials ends, or on Kresynt's reasonable request, Customer must promptly return or securely delete those materials and confirm completion on request. This does not require surrender of Customer's own information, continuing output rights under Section 5.4, or materials still needed for an active contractual right. Legally required records and inaccessible routine backup copies may be retained only for the permitted purpose and remain protected. Kresynt's retention and deletion of User Content are governed by Section 14 and any controlling DPA, not this paragraph.

7.3 Safeguards

Kresynt will maintain reasonable administrative, technical, and physical safeguards appropriate to permitted User Content and associated risks, designed to protect against unauthorized access, use, disclosure, alteration, or destruction. No system is completely secure. Customer's responsibilities for its devices, credentials, content sources, and permissions remain applicable. No particular certification, hosting location, or security architecture is promised unless expressly agreed in writing.

7.4 Security Incidents

A "Security Incident" is a breach of security resulting in unauthorized access to, disclosure of, loss, destruction, or alteration of Customer's User Content in systems controlled by Kresynt or its processors. Kresynt will notify Customer without undue delay after becoming aware of a Security Incident and within any shorter legally required or agreed DPA period. Details may be provided in stages as reasonably available. Kresynt will take reasonable containment, investigation, and mitigation steps and reasonably cooperate with Customer; an investigation does not postpone required notice.

Unsuccessful attacks that do not compromise User Content are not Security Incidents. Notification is not an admission of fault. Customer must keep incident contacts current and give its own legally required notices. Except as law requires, Kresynt need not disclose privileged material, another customer's information, or information that would compromise security.

7.5 Service Email

Kresynt may send operational emails for authentication, security, assignments, workflows, Operational Alerts, billing, and administration. Customer and Users must maintain accurate contact information. These messages do not establish marketing consent; promotional messages, if offered, require applicable separate permissions.

7.6 Kresynt Service Alerts by SMS

The optional "Kresynt Service Alerts" program sends transactional login codes, security notices, assignments, reminders, weather or equipment alerts, and workflow notifications. Before supplying another person's number or initiating messages, Customer warrants that it has obtained and documented all required recipient consent, including for automated texts when applicable, and will provide evidence on reasonable request. An administrator entering a number is not itself recipient consent.

Message frequency varies; message and data rates may apply. SMS consent is not a condition of purchasing a subscription. Reply STOP to stop messages or HELP for assistance, or contact [email protected]. Other legally required revocation methods remain available. If a lawful sending channel does not accept replies, each message must identify that limitation and an effective alternative. Kresynt will honor revocation promptly within applicable deadlines; Customer must not re-enroll a recipient without renewed consent.

SMS-dependent features may stop after opt-out. Section 6.6's delivery limitations and independent-safeguard requirements apply to Operational Alerts. Carriers are not responsible for delayed or undelivered messages. Kresynt will not sell or share mobile numbers, opt-in information, or consent records for third-party or affiliate marketing; providers may process them to operate and support messaging under applicable restrictions.

8. Disclaimers and Limitation of Liability

8.1 Scope

"Kresynt Parties" means Kresynt, its affiliates, licensors, service providers, and their respective officers, directors, members, employees, contractors, agents, and representatives. This Section governs their liability and available remedies throughout the Agreement, including account administration, content handling, AI and automated actions, equipment status, alert generation, processing, transmission, delivery and timing, security, confidentiality, delegated performance, retention, and export. Section 9 controls prohibited or expressly excluded limitations. An obligation to perform does not itself create an exception to this Section.

8.2 Warranty Disclaimer

EXCEPT FOR EXPRESS OBLIGATIONS IN THE AGREEMENT, THE PLATFORM AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." KRESYNT DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

KRESYNT DOES NOT GUARANTEE ERROR-FREE INFORMATION, DETECTION OF EVERY HAZARD OR THREAT, LEGAL COMPLIANCE, SUCCESSFUL TRAINING, UNINTERRUPTED AVAILABILITY, CORRECTION OF EVERY DEFECT, OR FREEDOM FROM MALWARE. THIS DISCLAIMER DOES NOT CANCEL EXPRESS CONTRACTUAL OBLIGATIONS; LIABILITY FOR BREACH IS SUBJECT TO THIS SECTION AND SECTION 9.

8.3 Excluded Damages

SUBJECT TO SECTION 9, THE KRESYNT PARTIES WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR FOR LOST PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITIES, USE, OR DATA, BUSINESS INTERRUPTION, COSTS OF SUBSTITUTE SERVICES, OR COSTS OF RECREATING, RECONSTRUCTING, OR RESTORING LOST OR CORRUPTED DATA, WHETHER THOSE LISTED LOSSES ARE CLAIMED AS DIRECT OR INDIRECT DAMAGES. THIS APPLIES EVEN IF THE POSSIBILITY OF LOSS WAS DISCLOSED.

THE KRESYNT PARTIES ARE NOT LIABLE FOR FINES, PENALTIES, CITATIONS, ABATEMENT COSTS, OR REGULATORY SETTLEMENTS IMPOSED ON OR UNDERTAKEN BY CUSTOMER IN CONNECTION WITH A GOVERNMENTAL ACTION, EXCEPT TO THE EXTENT SECTION 9 PROHIBITS OR EXCLUDES THAT LIMITATION.

8.4 Combined Aggregate Cap

SUBJECT TO SECTION 9, THE KRESYNT PARTIES' TOTAL COMBINED, CUMULATIVE LIABILITY FOR ALL CLAIMS UNDER OR RELATING TO THE AGREEMENT OR PLATFORM WILL NOT EXCEED THE GREATER OF: (A) FEES CUSTOMER PAID KRESYNT FOR THE RELEVANT SERVICES DURING THE 12 MONTHS IMMEDIATELY BEFORE THE MEASUREMENT DATE DEFINED BELOW; OR (B) US $100.

The "Measurement Date" is the earliest act, omission, or event giving rise to a Kresynt Party's liability subject to this cap under the Agreement, not the date a claim is reported or filed. The "Relevant Services" are the affected Services giving rise to that first liability. Their fees are combined once if more than one Service is involved. For a feature not separately priced, the fees for its subscription or bundle count; fees for unrelated Services do not.

THIS IS ONE CUMULATIVE CAP FOR THE ENTIRE AGREEMENT, NOT A NEW CAP PER CLAIM, LEGAL THEORY, ACCOUNT, USER, KRESYNT PARTY, INCIDENT, ORDER, OR RENEWAL. CLAIMS THROUGH THE SAME CUSTOMER SHARE THE CAP. ONCE DETERMINED, IT DOES NOT RESET OR INCREASE FOR LATER UNRELATED EVENTS, FEES, ORDERS, AMENDMENTS, OR RENEWALS. IF NO RELEVANT FEES WERE PAID BEFORE THE MEASUREMENT DATE, THE CAP IS $100, INCLUDING AFTER LATER CONVERSION TO PAID SERVICE. A SITE VISITOR'S CAP IS $100.

Payments of liability governed by the cap reduce its remaining amount. Opening another Account or accepting replacement Terms does not create a separate cap. A genuinely separate agreement or a changed cap requires express written agreement under Section 17.4 and does not alter accrued claims unless expressly and lawfully agreed.

8.5 Application and Express Exceptions

Sections 8.3 and 8.4 apply regardless of legal theory, including contract, warranty, tort (including ordinary negligence), strict liability, or statute. No separate or higher cap arises because a claim concerns security, confidentiality, content processing, or another express duty. Customer and Users have no unilateral right to opt out of this Section. Resolving a dispute in court rather than arbitration does not change its limitations. A different agreed allocation must expressly identify the change and satisfy Section 17.4; Section 9 remains controlling.

The cap does not reduce refunds expressly due under Section 15.7, the return of excess interim defense funding under Section 10.3, or required arbitration-administration payments under Section 13.7. It limits the Kresynt Parties' liability, not Customer's payment, indemnity, or Section 10.4 reimbursement obligations. Neither party may recover the same loss twice.

Each damages exclusion and liability limitation is independent of every agreed remedy and remains applicable even if a remedy fails of its essential purpose or is unenforceable, except where Section 9 requires otherwise. The parties have taken these allocations into account in agreeing to the fees.

9. Preserved Rights and Exceptions

9.1 Non-Waivable Matters

Nothing in the Agreement excludes or limits liability for Kresynt's fraud, fraudulent misrepresentation, willful, reckless, or wanton misconduct, or gross negligence; death or personal injury caused by Kresynt's negligence to the extent limitation is prohibited by law; or another liability, right, or remedy that law prohibits excluding or limiting. The same restrictions apply to another Kresynt Party seeking protection for its own conduct.

Mandatory consumer rights, statutory remedies, and public injunctive relief are preserved. Assigning responsibility for Customer's content does not transfer Kresynt's obligations. Except as stated in Section 8.5 and this Section, preserving an obligation does not remove Section 8's limitations. This Section controls all disclaimers, limitations, indemnities, and dispute procedures.

9.2 New Jersey

For New Jersey residents, Sections 8.2 through 8.5 do not disclaim or limit remedies for violations of the New Jersey Consumer Fraud Act or Truth-in-Consumer Contract, Warranty and Notice Act, or matters identified in Section 9.1. Section 10 does not require indemnification or reimbursement for Kresynt's own negligence, misconduct, breach, or violations of those laws. Section 17.3's shortened deadline does not apply. Statutory damages, attorneys' fees, and other remedies under those New Jersey statutes are not waived.

10. Customer Indemnity and Response Costs

10.1 Covered Third-Party Claims

Customer will defend, indemnify, and hold the Kresynt Parties harmless from third-party claims and resulting judgments, settlements permitted under Section 10.3, damages, and reasonable legal fees to the extent arising from: (a) Customer's or its Authorized Users' material breach, including a breach of Section 5.6's authorization or supervision duties, or violation of law; (b) unlawful or infringing Customer-Supplied Content or Feedback they provide; (c) Malware they upload or distribute; (d) violation of third-party rights or failure to obtain required permissions or messaging consent; (e) use or distribution of translations in breach of Section 5's review requirements; or (f) breach of Section 6.6's safety-reliance, independent-safeguard, equipment-control, configuration, or response requirements, including resulting claims for death, bodily injury, or physical or environmental damage.

Covered claims include those by employees, contractors, recipients, rights holders, and other affected persons. Knowledge of unlawful content or Malware is not required. Section 10.2 limits this obligation according to causation.

10.2 Causation and Exclusions

Customer has no indemnity or reimbursement obligation to the extent a claim or cost is caused by a Kresynt Party's own breach, negligence, fraud, willful misconduct, or responsibility that cannot lawfully be shifted. Only losses attributable to Customer's covered conduct are recoverable. Section 10.1 concerns third-party claims; direct response costs are addressed separately below.

10.3 Defense and Settlement

Kresynt will promptly notify Customer of a potentially covered claim; delay relieves Customer only to the extent materially prejudiced. Customer must promptly assume the covered defense with reasonably qualified counsel. Kresynt will reasonably cooperate at Customer's expense and may participate with its own counsel at its expense.

The defense duty applies to allegations that, together with reasonably available facts, could fall within Section 10.1. Allegations of a Kresynt Party's excluded conduct do not by themselves eliminate the defense of potentially covered portions. Customer need not fund clearly uncovered portions. For mixed claims, the parties must reasonably allocate interim defense costs to covered and uncovered portions, including shared work, without delaying undisputed defense obligations. Either party may seek interim allocation under Section 13. Interim funding is subject to adjustment when responsibility is agreed or finally determined; Kresynt must return or credit amounts ultimately allocated to excluded conduct.

If Customer fails to defend promptly or a material conflict requires separate counsel, Kresynt may arrange a reasonable defense of covered portions at Customer's expense and, after notice when practicable, enter a reasonable covered settlement. Otherwise, Kresynt may elect to assume control at its own expense.

Customer may not settle without Kresynt's prior written consent, not unreasonably withheld, if the settlement admits fault by a Kresynt Party, imposes a nonmonetary obligation or unreimbursed payment on it, or fails to provide an unconditional release of the covered claim.

10.4 Direct Response Costs

Separately from third-party indemnity, Customer must reimburse reasonable, necessary, documented, incremental direct costs Kresynt incurs to contain, remove, investigate, or remediate unlawful content or Malware caused by Customer's or its Authorized Users' breach of Section 4 or 6. Recoverable costs include attributable external forensic assistance, removal or restoration work, and required recipient notices. They exclude ordinary overhead, routine security operations, lost profits, punitive amounts, and costs excluded under Section 10.2.

Kresynt must reasonably mitigate costs and provide an itemized invoice with supporting detail, without disclosing privileged or security-sensitive material. Undisputed amounts are due 30 calendar days after receipt. Customer must promptly explain a good-faith dispute, pay undisputed amounts, and cooperate in resolution under Section 15.2. A disputed amount determined to be payable is due 30 calendar days after resolution unless otherwise agreed or ordered.

Insurance or another payment does not extinguish Customer's obligation to the extent a payer has lawful subrogation or reimbursement rights. Recoveries must be credited or allocated to prevent retention of double recovery for the same loss while preserving those rights. This subsection does not authorize charging Customer's payment method without an applicable payment authorization.

11. Third-Party Services and Applications

11.1 Customer-Selected Third Parties

Independent websites, products, and integrations are governed by their providers' terms. Customer decides whether to enable them and authorizes related data transfers. Kresynt does not control or guarantee their availability, content, or independent data practices. This exclusion does not excuse obligations Kresynt delegates to its own providers under Section 11.2.

11.2 Service Providers and Subprocessors

Kresynt may engage hosting, storage, AI, communications, payment, support, and other providers under Section 4.2. Kresynt remains responsible for contractual obligations it delegates to them, subject to the same limitations that apply to Kresynt's own performance. Current information identifying material subprocessors and their functions will be available on request. Changes, objections, and international-transfer safeguards follow applicable law and any binding DPA. No specific vendor or infrastructure architecture is guaranteed unless expressly agreed.

11.3 Mobile Applications

This subsection applies only to an application obtained through an app store. Unless a separate custom license is presented, an Apple App Store application is licensed under Apple's standard Licensed Application End User License Agreement. These Terms govern the related Service, not a replacement custom application license, and do not override mandatory store rules.

Apple is not a party to these Service Terms and has no application maintenance or support duty. As between Kresynt and Apple, Kresynt addresses its application's support and legally applicable product and intellectual-property claims, subject to the applicable agreement and law. Apple and its subsidiaries have the third-party-beneficiary rights required by the applicable application license. Users must comply with store, device, and wireless-service terms. Contact details are in Section 18.1.

12. Changes to Terms and Service

12.1 Terms Changes

Kresynt may update these Terms. Material changes will be provided directly to Customer's designated Account Administrator, and to any individually bound User affected, by email or prominent in-product notice, with the revised text or a link, at least 30 days before taking effect. Unless Customer affirmatively agrees earlier or law requires otherwise, material changes for a paid Service take effect at its next renewal after that notice period; existing Terms govern its current term. For Free Plans and Trials, changes take effect on the notified date. Nonmaterial corrections that do not reduce rights or increase obligations may take effect when posted.

Customer may decline by canceling renewal or ending free access. Renewal or continued use after the notified effective date is acceptance only where legally sufficient; Kresynt will obtain affirmative acceptance where required. Legally required changes may take effect when required, with notice as soon as practicable. Changes do not retroactively govern accrued or noticed disputes. Sections 13.11 and 15.4 govern arbitration and price changes respectively.

12.2 Service Changes and Discontinuation

Kresynt may update features, replace technology or providers, correct defects, and change infrastructure. During a committed paid term, a material reduction in the affected Service's core functionality requires a substantially equivalent replacement or the termination and refund option in Section 15.7. Legal or security needs may require immediate measures.

Kresynt may discontinue a Service, decline renewal, or terminate without cause on at least 30 days' notice where practicable. Ending a paid Service early triggers Section 15.7. For a lawful discontinuation or no-cause termination that is not otherwise a breach, the refund specified there is Customer's exclusive monetary remedy, subject to Section 9. That remedy does not excuse a separate security, confidentiality, or other breach. Section 14 governs data exit.

13. Individual Arbitration and Class-Action Waiver

EXCEPT AS PROVIDED HERE, DISPUTES ARE RESOLVED BY INDIVIDUAL ARBITRATION, NOT A COURT OR JURY TRIAL. THIS SECTION DOES NOT PREVENT GOVERNMENT COMPLAINTS, PROTECTED REPORTING, OR NON-WAIVABLE REMEDIES.

13.1 Agreement and Scope

Kresynt and Customer, and each User who validly agrees for their own use, agree to final, binding individual arbitration of disputes arising from the Agreement, the Platform, related transactions, or data practices, subject to the exceptions below. The Federal Arbitration Act governs. Customer's acceptance does not bind a non-assenting third party or resolve employment disputes between Customer and its personnel.

A Kresynt Party may invoke this Section for a claim concerning its performance of the Service for Kresynt, only by accepting the same reciprocal dispute obligations, exceptions, and preserved prior opt-outs applicable to Kresynt for that claim. It does not override a separate agreement governing Customer's independent relationship with that provider. Section 17.2 grants only these limited enforcement rights.

13.2 Dispute Notice and Informal Resolution

Before arbitration, a party must send written notice identifying the claimant, relevant Account, contact details, material facts, and requested relief. Send Kresynt notices to [email protected], subject "Notice of Dispute," or Section 18.1's mailing address. Kresynt will use the other party's last designated email or address.

The parties will attempt good-faith resolution for 30 days after receipt. Filing deadlines are tolled during that period to the extent legally permitted. Earlier filing is allowed to preserve an untollable deadline or obtain urgent provisional relief. Eligible small-claims proceedings and regulator reports do not require this process.

13.3 Administrator and Hearing

JAMS will administer before one neutral arbitrator under its Streamlined Rules for disputes not exceeding $100,000 or Comprehensive Rules for larger disputes, subject to mandatory consumer standards. Rules are available at https://www.jamsadr.com. If JAMS cannot administer, the American Arbitration Association will use its applicable commercial or consumer rules; a court may appoint an arbitrator as law permits if neither is available.

Hearings may proceed remotely, on documents, or at an agreed location as the rules permit. An in-person location must provide reasonable access and ordinarily be within 100 miles of the individual's home or Customer's place of business unless otherwise agreed. Mandatory consumer or other applicable administrator standards control over conflicting procedures.

13.4 Arbitrability

A court decides formation, the existence and scope of a preserved prior opt-out, and the validity, enforceability, and scope of the class-action waiver, public-injunctive-relief exception, and delegation in this subsection. Other interpretation, applicability, and enforceability questions are for the arbitrator where law permits. Administrative case-management matters under Section 13.8 do not override these court-reserved questions.

13.5 Individual Proceedings and Public Relief

TO THE EXTENT LAWFUL, CLAIMS MUST PROCEED INDIVIDUALLY, NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, IN EITHER ARBITRATION OR COURT. THIS SEPARATE WAIVER APPLIES WHEN A DISPUTE IS NOT ARBITRATED, SUBJECT TO RIGHTS PRESERVED BY SECTION 13.9. THERE IS NO AGREEMENT TO CLASS ARBITRATION.

Administrative coordination under Section 13.8 does not authorize adjudication of nonparties' claims or class relief. Public injunctive relief and other non-waivable remedies are preserved. A request that cannot lawfully be required to proceed in individual arbitration is severed for a court with jurisdiction; other arbitrable issues remain in arbitration. A court may order lawful sequencing or a stay without eliminating the preserved remedy.

13.6 Court Exceptions

A party may bring an eligible individual small-claims action only where applicable law or mandatory administrator standards preserve that right. Either party may seek temporary or preliminary relief protecting intellectual property, confidentiality, data, or security pending arbitration, compel arbitration, or enforce an award. Matters that law prohibits requiring to be arbitrated remain in court.

Misuse of intellectual property or breach of Section 6.2 or 7.2 may cause harm inadequately addressed by damages. A party may seek provisional court relief, but the court must apply the governing legal standards and security requirements; waiver or reduction of a bond may be requested only where lawful. This does not create a separate right to litigate otherwise arbitrable merits. Final relief on those merits remains for the arbitrator.

13.7 Fees, Remedies, and Award

The arbitrator may award individual relief available under the agreement and applicable law, subject to Sections 8 and 9, allow a reasonable exchange of relevant nonprivileged information, and issue a reasoned written award. A court with jurisdiction may enforce it.

Fees follow the administrator's rules and mandatory standards. For a qualifying consumer claim, the consumer pays no more than the permitted consumer filing fee or comparable court filing fee, whichever is less; Kresynt pays remaining required administrative and arbitrator charges, including all such charges where the standards require for a Kresynt-initiated consumer claim. Kresynt will pay amounts legally required to avoid prohibitively expensive arbitration. Each party bears its attorneys' fees unless applicable law or an enforceable contractual indemnity or fee-recovery provision permits an award.

13.8 Coordinated Demands

The parties expressly agree to the JAMS Mass Arbitration Procedures and Guidelines, available at https://www.jamsadr.com/mass-arbitration-procedures, in effect when the first relevant demands are filed, for proceedings meeting those procedures' definition of mass arbitration. They supplement the rules in Section 13.3 without authorizing class arbitration. Non-waivable law and mandatory fairness standards remain controlling.

If AAA administers, its applicable mass-arbitration supplementary rules apply where their requirements are satisfied. No separate batching or bellwether delay is imposed by these Terms. If this subsection cannot be enforced, individual claims proceed under the remaining applicable rules without loss of the preserved remedies.

13.9 No New Voluntary Opt-Out; Prior Rights

This version offers no new unilateral voluntary opt-out from arbitration or the class-action waiver. A request to reject an accepted dispute provision does not change the Agreement unless a preserved prior right, applicable law, or a separate written agreement signed by Kresynt and the affected party permits it.

A person who previously accepted Kresynt terms granting an opt-out retains that right under its original scope, conditions, and any unexpired election period. A timely valid prior opt-out remains effective unless that person separately and affirmatively agrees in writing to withdraw it prospectively. Posting, renewal, continued use, or general acceptance of replacement Terms alone does not revoke it. Sections 9, 13.10, and 13.11 remain applicable.

13.10 Severability and Survival

An unenforceable part is severed unless law requires otherwise. If the individual-proceeding restriction fails for a claim or remedy, only that claim or remedy proceeds in court; no class arbitration is authorized. Public injunctive relief remains preserved. This Section survives termination.

13.11 Arbitration Changes

Material changes to this Section, including its class-action waiver and treatment of prior opt-outs, require at least 30 days' direct notice and mutual written agreement, including affirmative electronic acceptance. Posting or continued use alone is insufficient. Changes operate prospectively, not on disputes already accrued, known, or noticed before acceptance. Otherwise the prior valid version remains applicable. Section 13.9 controls changes to previously granted opt-out rights.

14. Term, Termination, and Data Exit

14.1 Service End Date

Each affected Service has its own "Service End Date": the end of its current term after cancellation or nonrenewal; a Trial's disclosed end date unless extended or converted; the effective cancellation or notified discontinuation of a Free Plan; or the effective date of a valid termination. Temporary suspension alone is not a Service End Date. Canceling renewal does not end a committed paid term early. Section 15 governs renewal, cancellation, and refunds.

14.2 Termination Rights

Kresynt may suspend or terminate for cause under Section 6.4 or end a Service under Section 12.2. Customer may terminate an affected Service for Kresynt's material breach not cured within 30 calendar days after written notice describing it, or sooner where law requires. Section 15.7 governs refunds and remaining charges.

Ending one Service ends only the relevant access rights, not another active Service, unless an account-wide restriction or termination is independently justified. Expiration or termination does not erase accrued obligations or surviving provisions.

14.3 Access Restrictions and Retention

After a Service End Date, ordinary in-product access to the ended Service is disabled. The whole Account is disabled only when all relevant access ends or an independent account-wide restriction applies. Customer should retrieve required information before a planned cutoff.

Kresynt retains stored User Content associated with the ended Service and not legitimately needed for another active Service, including saved outputs and attachments ("Exit Data"), for 90 days after its Service End Date ("Retention Period"), subject to Sections 14.7 and 14.10. Shared records legitimately needed for another active Service are not deleted merely because one Service ends; their Retention Period begins when the last Service requiring them ends. Authorized earlier deletion and mandatory data rights remain governed by Sections 14.5 and 7.1.

14.4 Standard Export and Verification

An Account Administrator, including the verified adult holder of an individual, Free Plan, or Trial Account, may request an export of Exit Data at [email protected]. The request must identify the Account, affected Service, and requester's authority. A request received within the Retention Period is timely even if verification is still pending when that period ends.

Kresynt may require a signed request and proportionate identity and authority verification. Government identification is not routine. If less intrusive checks are insufficient, Kresynt will provide a secure method, allow redaction of unnecessary details where feasible, limit use to verification, and retain evidence only as reasonably necessary or legally required. Do not email identity documents or upload them to general folders.

The standard export is JSON containing stored structured Exit Data, including saved outputs and associated relationship identifiers, approval, completion, and audit metadata to the extent stored as User Content. It excludes attachments such as PDFs, images, audio, and video, even if AI-generated; Platform source code, models, internal security logs and secrets; and another customer's data or third-party information Customer is not authorized to receive. It does not require creating information not retained. Section 14.10 addresses attachment retrieval after an unexpected cutoff. Mandatory portability and switching rights control conflicting exclusions.

Kresynt will acknowledge the request, identify further verification reasonably needed, and provide an expected delivery date after verification. It will use reasonable efforts to complete the export promptly and explain material delays and revised estimates. No data needed for a timely request will be deleted solely because verification or Kresynt's processing continues beyond day 90. Customer may escalate a delayed request through Section 18.1's legal-notice channel.

Customer will have at least 14 calendar days after a verification request to respond and at least 14 calendar days after notice of export availability to retrieve it. Expiring download links may be renewed during that retrieval window. Kresynt need not hold data indefinitely if Customer fails to complete verification or retrieve the export after those notices and opportunities. A hold may end after Customer retrieves or declines the export, or after the applicable verification or retrieval opportunity expires, but does not shorten an otherwise unexpired Retention Period. Custom formats, transformation, or migration assistance beyond these obligations require separate agreement and any agreed fee.

14.5 Production Deletion

On day 91 after the applicable Service End Date, Kresynt will delete Exit Data from live production systems unless a permitted hold applies. Shared records remain governed by Section 14.3. This does not promise selective deletion from every backup on that date. Authorized earlier deletion or mandatory law may require earlier removal; these Terms do not require recreating lawfully deleted data. After a hold ends, data whose Retention Period has expired will be deleted promptly.

14.6 Backups

Backups maintained for Service recovery are not a separate Customer backup or archival service. Except for an express commitment in the Agreement or a requirement of law, no specific backup frequency, maximum data-loss interval, restoration time, or complete recovery is guaranteed. Following a Security Incident, Kresynt will make reasonable recovery efforts using usable backups reasonably available to it. This does not reduce the express safeguard, incident-response, retention, or deletion obligations in Sections 7 and 14 or a controlling DPA. Liability and remedies remain subject to Sections 8 and 9.

Residual copies, including attachments, may remain in protected backups until rotated under Kresynt's documented retention schedule, available on request. They are not for ordinary use and remain subject to Section 7. Restoration is limited to recovery, security, or legal purposes; previously deleted data restored for recovery will be re-deleted as appropriate. A shorter binding legal or DPA requirement controls. Customer recovery of deleted data is not guaranteed.

14.7 Limited Holds

Kresynt may retain reasonably necessary data for legal duties or holds, security or abuse investigations, legal claims, or timely exports, including pending verification under Section 14.4. Access and duration must be limited to that purpose. When the basis ends, Section 14.5 governs production deletion and Section 14.6 governs backup rotation. Billing and consent records follow Kresynt's own lawful retention duties and the Privacy Policy.

14.8 Free Plans and Trials

The same retention and export procedures apply to Free Plans and Trials. Their end dates are determined under Section 14.1; inactivity alone does not convert a Free Plan into an expired Trial.

14.9 Re-Subscription

Kresynt may, in its discretion, reactivate the affected Service and retained data if Customer re-subscribes during its Retention Period. This does not guarantee recovery of deleted, quarantined, lawfully withheld, or no-longer-retained content.

14.10 Cause Termination and Unsafe Content

Termination for cause does not alone eliminate a verified export of lawful structured Exit Data during the Retention Period. Kresynt may withhold particular content where release would violate law, disclose information Customer is not authorized to receive, compromise security, or distribute Malware, and may require safe delivery.

If an unexpected cutoff prevented reasonable attachment retrieval, Customer may request assisted retrieval during the Retention Period. Kresynt will provide a reasonable, technically feasible method for lawful available attachments unless law or a documented security restriction prevents it. Section 14.4's timely-request and verification protections apply. This exception does not expand standard exports or require unsafe delivery. Content may be quarantined or deleted under Section 4.6, subject to required evidence preservation.

14.11 Customer Recordkeeping

Customer must maintain independent copies of required records and meet its own retention duties. The 90-day post-termination period does not represent satisfaction of safety, employment, litigation, or other recordkeeping requirements. It does not guarantee recovery of data already lost, corrupted, or deleted; failure to meet an express retention obligation remains subject to Section 8.

15. Fees, Renewal, Cancellation, and Refunds

15.1 Orders and Payment

An "Order" is an accepted order form, subscription purchase, or checkout record identifying the Service scope, subscription term, price, billing schedule, seats, usage or storage charges, taxes, and any promotion. Customer authorizes disclosed charges through Kresynt or its processor, must maintain accurate billing information, and pays applicable transaction taxes other than taxes on Kresynt's net income. Fees are due as stated in the Order; a Customer purchase order is not a payment prerequisite unless expressly agreed.

Subscription term and billing frequency are distinct. If an expressly accepted annual or other fixed-term commitment is billed in installments, those installments remain due on the agreed schedule despite a request to stop renewal, subject to valid early termination and Section 15.7. These Terms do not accelerate installments automatically.

Purchases concern available features, not uncommitted roadmaps. Additional charges require disclosed rates and authorization. Post-termination retention alone creates no new recurring fee, but does not excuse previously incurred amounts or expressly agreed charges.

15.2 Late Payment and Billing Disputes

Customer must pay undisputed amounts when due and promptly explain a genuinely disputed charge in writing. While the parties reasonably investigate a good-faith dispute, Kresynt will not suspend or terminate solely for that disputed amount if Customer pays undisputed sums and cooperates. Independent suspension grounds remain available.

Customer should promptly contact Kresynt to resolve billing concerns. Contacting Kresynt first is not a condition of exercising payment-dispute rights. Nothing here limits rights or deadlines under law, payment-network rules, or payment-provider terms, including immediate reporting of unauthorized or fraudulent charges. Exercising a valid dispute right is not itself a breach.

A chargeback does not itself resolve the underlying contractual debt. Amounts properly determined to remain due may be collected as law and applicable payment rules permit. Kresynt may recover reasonable, documented collection costs for overdue undisputed commercial amounts, including attorneys' fees where lawful. Chargeback fees are recoverable only to the extent caused by Customer's breach and permitted by law and applicable payment rules, not merely because Customer exercised a valid dispute right. Duplicate collection or charging of the same transaction is not authorized.

15.3 Trial Period, Paid Conversion, and Automatic Renewal

Kresynt provides each new Customer a no-fee evaluation lasting at least 14 full consecutive days before its first subscription charge (the "Trial Period"). The Trial Period begins when evaluation access is made available and ends at the date and time disclosed in the Order or trial confirmation, which must identify the time zone and allow at least 14 full days. Kresynt may offer or confirm a longer Trial Period but will not shorten a confirmed Trial Period or take the first subscription charge before it ends. No Service fees accrue for use within the disclosed Trial limits during that period.

Customer may cancel the scheduled paid conversion before the Trial Period ends using Section 15.5, without a subscription charge. Otherwise, conversion occurs only as disclosed and with the payment authorization required by this Section. If that authorization has not been obtained, Trial expiration does not itself authorize a charge. Adding a payment method does not shorten the Trial Period. Renewals, additional Accounts, seat additions, plan changes, and re-subscription do not create another Trial Period unless Kresynt expressly offers one. Suspension or termination permitted under Section 6.4 may restrict or end evaluation access but does not authorize an early subscription charge.

UNLESS AN ORDER STATES OTHERWISE, A SUBSCRIPTION AUTOMATICALLY RENEWS FOR SUCCESSIVE TERMS OF THE SAME LENGTH AT THE DISCLOSED PRICE, AS UPDATED UNDER SECTION 15.4, UNTIL CUSTOMER CANCELS. CANCEL UNDER SECTION 15.5 BEFORE THE DISCLOSED RENEWAL-CHARGE TIME TO STOP THAT RENEWAL.

Before payment authorization, Kresynt will disclose recurring charges or their calculation, frequency, renewal term, renewal timing, cancellation methods, and post-Trial or promotional pricing, obtain required affirmative consent, and provide a retainable acknowledgment. A renewal time must identify its time zone; if only a renewal date is disclosed, cancellation before that date begins in America/New_York time is timely. Kresynt will provide required renewal, annual reminder, Trial-expiration, and other notices and retain required consent evidence. Free or promotional access alone does not authorize an undisclosed paid conversion.

15.4 Price Changes

Kresynt may change fees by direct notice at least 30 days before the renewal to which they first apply, stating the new fees, effective date, and cancellation method. Changes take effect at renewal, not during an existing committed term or retroactively. Kresynt will provide additional notice within required statutory windows and obtain any required fresh consent. Customer may cancel renewal before the change and retain access through its current term. Notice alone does not create a subscription or authorize a charge. This subsection does not prevent separately accepted plan changes or usage charges calculated under already agreed rates.

15.5 Cancellation

Customer may cancel a scheduled Trial-to-paid conversion or stop renewal through the online billing or client portal or a written request to [email protected] identifying the Account and affected subscription. Online purchasers can cancel online without a required call. A properly authorized cancellation stops the applicable conversion or renewal when submitted through the portal or received by email before the disclosed first-charge or renewal-charge time, not when Kresynt later acknowledges it. Kresynt will confirm cancellation. Reasonable authentication may be required, with an alternative if Account access is lost. If a timely identifiable request is verified after the cutoff through Customer's prompt cooperation, Kresynt will honor its original receipt time.

Cancellation ordinarily ends a paid Service at the end of its current committed term, not an earlier installment-billing date. Paid access continues until then unless otherwise validly ended. Canceling a scheduled Trial conversion prevents the first subscription charge; evaluation access continues through the Trial Period unless otherwise validly ended. Deleting an app or not using the Service is not cancellation. Earlier authorized data deletion may make continued use impossible. App-store purchases follow the store's cancellation process without reducing mandatory rights.

15.6 Seats and Plan Changes

The Order or accepted pricing and change confirmation must identify what counts as a billable seat, including whether employee records or training recipients are charged, and applicable proration, renewal alignment, usage or storage measurement, and rates. These Terms do not supply an undisclosed seat definition or fee.

Seat additions, upgrades, and usage are charged only as disclosed and authorized. Reductions and downgrades affect future renewal charges, not the current committed term, unless the Order states otherwise. Customer must schedule changes and retain affected content before an agreed feature or access reduction; Section 14 protects other active Services and shared records.

15.7 Refunds

The Trial Period gives Customer an opportunity to evaluate the available Service before paying. Except as expressly stated in an Order, this subsection, or mandatory law, fees for an authorized paid subscription are nonrefundable once the paid term begins, including for voluntary cancellation, nonuse, seat reduction, downgrade, or an unused portion of a monthly or annual term. Choosing not to use or complete the Trial evaluation does not itself create a refund right. The Trial Period is not an additional refund period after paid service begins. Valid termination for Customer's material breach does not itself create a refund right; accrued charges remain due.

Kresynt will refund unused prepaid fees for the affected Service if: (a) Kresynt terminates without Customer cause or permanently discontinues it before its paid term ends; (b) core functionality is materially reduced without a substantially equivalent replacement and Customer terminates the affected Service; or (c) Customer validly terminates for Kresynt's uncured material breach under Section 14.2. The refund is pro rata for the period after effective termination. Any remaining installment charges for the unprovided period of that affected Service also cease; charges for Service already supplied or usage incurred remain due.

Kresynt will initiate an undisputed refund due under this subsection within 30 calendar days after the event creating the refund obligation, or sooner where law requires. Customer must provide reasonably necessary payment information. Payment-provider posting time does not extend mandatory deadlines. App-store refunds follow the store's applicable process without reducing mandatory rights.

Section 12.2 specifies the exclusive monetary remedy for a lawful discontinuation or no-cause termination. Other refunds do not expand damages under Section 8 or eliminate Section 9's preserved remedies. Section 8.4 does not reduce an expressly owed refund.

16. Governing Law, Courts, and Severability

16.1 Governing Law

Maryland law governs, excluding conflict-of-law rules, except the Federal Arbitration Act governs Section 13. Non-waivable protections of otherwise applicable law remain effective.

16.2 Court Venue

Subject to Section 13's exceptions and mandatory venue rights, non-arbitrable proceedings must be brought in state courts located in Baltimore County, Maryland, or, where federal subject-matter jurisdiction exists, the United States District Court for the District of Maryland. The parties consent to those courts' personal jurisdiction. An arbitration award may be enforced in any court with appropriate jurisdiction. Provisional relief may be sought elsewhere only where necessary for a court to exercise effective jurisdiction over the relevant person, property, or information.

16.3 Severability

An unlawful or unenforceable provision will be severed or limited to the minimum lawful extent, preserving the remainder of the agreement and the parties' lawful intent. Section 13.10 controls arbitration severability. Independent limitations in Section 8 remain subject to its terms and Section 9.

17. General Terms

17.1 Events Beyond Reasonable Control

Neither party is liable for delay or nonperformance caused by events beyond its reasonable control if it takes reasonable mitigation and resumption steps. This does not excuse Customer's payment obligations, except where an express refund or mandatory right applies, or confidentiality and security duties that can reasonably continue. Kresynt's express refund obligations remain applicable.

17.2 No Waiver; Beneficiaries

A waiver must be written and applies only to the stated instance. Failure to enforce is not a continuing waiver. The Kresynt Parties are intended beneficiaries of Sections 8 and 10 and may invoke Section 13 only within Section 13.1's scope and reciprocal conditions. Section 9 applies to all such protections. Apple's rights are limited to Section 11.3. There are no other intended third-party beneficiaries.

17.3 Commercial Claim Deadline

To the extent law permits, a claim arising from the Agreement or Platform between Kresynt and a Customer purchasing for business or organizational purposes must be commenced within one year after it accrues under applicable law. This shortened period does not apply to claims for unpaid fees, obligations under Section 10, infringement or misappropriation of intellectual property, or breach of Section 7.2.

It also does not apply to consumer claims, New Jersey residents, mass-market transactions governed by Maryland Commercial Law Section 22-805, matters preserved by Section 9.1, or claims whose filing periods cannot lawfully be shortened. Applicable statutory periods govern excluded claims. Mandatory discovery and tolling rules, and Section 13.2's tolling, remain effective.

17.4 Entire Agreement and Precedence

A "Customer Agreement" is a separate agreement executed by both parties, not a unilateral purchase order. In a conflict: (a) an executed DPA or business associate agreement controls its data-processing or regulated subject; (b) a signed Customer Agreement controls; (c) an accepted Order controls its express scope, term, and pricing; and (d) these Terms otherwise control. Allocation of processing duties does not itself create a different liability cap; any change to Section 8's allocation must be expressly stated.

An Order changes other legal terms only by identifying the change and obtaining written acceptance by Kresynt's authorized representative. Additional purchase-order, portal, or procurement terms are rejected unless expressly accepted in a signed agreement; processing an order or payment is not acceptance. A separate app license controls only its licensing subject. The Privacy Policy cannot expand the content license, permit prohibited model training, or reduce negotiated protections.

The Agreement supersedes prior agreements between these parties on the same subject to the extent replaced, but does not automatically assume another entity's contracts or liabilities. A replacement version does not release accrued obligations absent an express lawful agreement. No oral statement modifies the Agreement. Each party disclaims reliance on statements, demonstrations, roadmaps, or representations not expressly included, subject to Section 9; non-waivable representations, obligations, and remedies remain effective.

17.5 Assignment

Customer may not assign the Agreement without Kresynt's written consent, not unreasonably withheld. Kresynt may assign to an affiliate or in a merger, reorganization, or sale of the relevant business or assets if the successor assumes applicable obligations and Customer is notified. Assignment does not expand permitted data use. Unauthorized assignments are void to the extent law permits. The Agreement binds permitted successors and assigns.

17.6 Trade Compliance

Customer and Users must comply with applicable export-control and sanctions laws and may not make the Platform available to a prohibited party, destination, or end use without required authorization. Customer warrants that its access and permitted users are not prohibited by applicable restrictions. Kresynt may restrict access where legally required.

17.7 Government Use

Software and documentation are commercial computer software and commercial computer software documentation. Government rights are those granted in the applicable commercial agreement, consistent with FAR 12.212 and DFARS 227.7202 where applicable. Mandatory procurement law and a duly executed government contract control conflicts; no unauthorized official is required to accept prohibited indemnity, fee, or dispute terms.

17.8 Electronic Notices and Survival

Electronic acceptance and signatures may form a binding agreement. The parties are independent contractors, not partners, agents, or employers of each other's personnel. Notices must be written. Kresynt may send routine notices to designated Account contacts or through the Service. Material notices go directly to the designated administrator, billing or legal contact, or affected individually bound User, as applicable. Notices to Kresynt use Section 18.1's email or mailing address.

Email notice is received when accepted by the recipient's mail system, without a known delivery failure; acknowledgment is not required. An in-product notice is received when first displayed prominently to the relevant contact in a form they can retain. Physical notice is received on documented delivery or refusal. A sender aware of failed delivery must use another available designated channel; a required notice period begins on successful delivery. Parties must keep their contact details current.

Sections 12, 13, and 15 control their specific methods, timing, and acceptance requirements, including cancellation receipt. Mandatory legal or DPA notice requirements control conflicts. These methods do not replace required service of legal process. The receipt rules in this subsection govern contractual notices, not proof that an Operational Alert was received, read, understood, or acted on; Section 6.6 governs those alerts.

Ownership, accrued payment and refund duties, confidentiality, permitted retention and deletion, liability limits, covered indemnity and reimbursement, dispute resolution, and other provisions intended to survive continue as applicable. Headings aid navigation; "including" is not limiting. Days are calendar days unless stated otherwise; business days are Monday through Friday excluding U.S. federal holidays, unless governing law defines them differently.

17.9 Publicity

Kresynt may identify a paid business or organizational Customer by its business name and logo in customer lists, following reasonable trademark guidelines provided to Kresynt. This limited permission is not a testimonial or endorsement and does not authorize use of individual identities, employee names, confidential projects, or other User Content. It does not apply to Trials, Free Plans, or a relationship Kresynt has agreed to keep confidential without separate written consent.

Customer may withdraw permission at any time by notice to [email protected]. Kresynt will promptly remove the identification from online materials it controls and stop new production and distribution of materials identifying Customer. It need not recall materials already distributed or remove copies outside its control. Other publicity requires Customer's prior written consent.

18. Contacts and Required Notices

18.1 Provider, Support, and Legal Notices

Provider: Kresynt, LLC
Website: https://kresynt.com
Support, legal notices, and disputes: [email protected]
Public business mailing address:
Kresynt LLC
P.O. Box 5051
Vienna, WV 26105

For formal notices use the subject "Legal Notice" or "Notice of Dispute." Charges are disclosed in the applicable Order and Section 15.

18.2 Copyright Notice and Counter-Notice

DMCA designated agent: Copyright Agent, Kresynt, LLC.
Agent mailing address: 1310 Greenmont Hills Drive, Vienna, WV 26105

Agent email: [email protected]

An infringement notice must identify the copyrighted work and disputed material with enough location information to find it; provide contact details and a physical or electronic signature; and state a good-faith belief that the use is not authorized by the owner, its agent, or law, and that the notice is accurate and, under penalty of perjury, the submitter is authorized to act for the owner. Kresynt will respond expeditiously to compliant notices and reasonably notify affected uploaders.

A counter-notice must identify removed material and its former location, provide the uploader's name, address, telephone, and signature, and state under penalty of perjury a good-faith belief that removal resulted from mistake or misidentification. It must consent to the federal district court for the uploader's address, or if outside the United States a district where Kresynt may be found, and accept service from the complainant or its agent.

Kresynt will forward a compliant counter-notice and follow the statutory 10-to-14-business-day restoration procedure unless notified of a court action seeking to restrain the alleged infringement. Independent lawful removal grounds remain applicable. Knowing material misrepresentations may result in liability. Section 3.2 addresses repeat infringers.

18.3 California Consumer Notice

California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs through its Consumer Information Center, 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834, or (800) 952-5210. Provider details appear in Section 18.1; charges appear in the Order.