Terms of Service

The rules for using Kinetic.Email. Last updated October 2, 2026.

The Agreement

Kinetic.Email is operated by Fairview Ave Holdings LLC, a United States limited liability company ("we", "us"). By creating an account or using Kinetic.Email (the "Service"), you agree to these Terms. If you don't agree, don't use the Service. You must be at least 18 years old to purchase credits, and at least 16 to create an account.

We may update these Terms; material changes will be announced in-product. Continued use after changes means you accept them.

Acceptable Use: No Spam, Ever

Kinetic.Email lets you generate and send email. You may only send email to recipients you have permission to contact. When you send through the Service, you represent that:

• The recipient has consented to hear from you, or you have another lawful basis to contact them;
• Your sends comply with all applicable laws, including CAN-SPAM (US), GDPR/ePrivacy (EU), CASL (Canada), and equivalents wherever your recipients live;
• You will not send unsolicited bulk email, deceptive content, phishing, malware, or content that is illegal, harassing, or infringes others' rights;
• You are responsible for the content of the emails you create and send, including AI-generated content you approve.

We may suspend or terminate any account at our sole discretion, with or without notice, for spam complaints, bounce abuse, sanctions concerns, or any use that threatens the Service, our sending reputation, or other users. Suspended accounts forfeit remaining promotional (free) credits; purchased credits are handled under the Refund Policy.

Credits

Credits are prepaid units for actions in the Service (like AI generation and sending to external recipients). Credits:

• Have no cash value, are not transferable, and cannot be exchanged for money (except as described in the Refund Policy);
• Purchased and earned credits (packs, signup bonus, courses, referrals) do not expire while your account is in good standing;
• Subscription credits are granted monthly under Kinetic Premium and are use-or-lose (see the Subscription section below);
• When you spend, subscription credits are used first, then purchased/earned credits;
• Purchases are processed by our merchant of record, Stripe, whose terms also apply; action costs are shown in-product and may change prospectively.

Refunds: unused purchased credit packages are refundable within 14 days of purchase on request. Credits that have been spent are non-refundable. Nothing here limits consumer rights that apply to you by law.

Subscription (Kinetic Premium)

Kinetic Premium is an optional monthly subscription. By subscribing you agree that:

• What's included: a monthly credit allotment (currently 150 credits) plus access to the Campaign Companion, our AI campaign-planning assistant.
• Billing & renewal: the subscription is $25 per month and renews automatically each month until you cancel. Your payment method is charged at the start of each billing period.
• Fair use of the Campaign Companion: Companion messages are included with your subscription (no per-message credit charge) but are subject to reasonable-use limits (currently a daily message cap and short-term rate limits) to prevent abuse. We may adjust these limits to protect the Service.
• Monthly credits expire: subscription credits are use-or-lose. They do not roll over, and any unused subscription credits are forfeited at the end of the billing period.
• Purchased credits are separate: credits you buy in packs never expire and are unaffected by your subscription status.
• Spend order: subscription credits are consumed before purchased or earned credits.
• Cancellation: you may cancel anytime from your billing portal. Access to Campaign Companion and any remaining subscription credits end at the close of the current paid period. Cancelled subscription credits are not refunded or transferred.
• No refunds for partial months or unused monthly subscription credits.
• Changes: we may change the price or monthly credit allotment with notice, effective for future billing periods.
• Nothing here limits consumer rights that apply to you by law.

AI-Generated Content

You own the emails you generate. To the extent we hold any rights in your generated output, we assign them to you. You're responsible for reviewing output before sending. AI can make mistakes, and generated content is provided "as is" with no guarantee of accuracy, deliverability, rendering, or fitness for a particular purpose.

We may use prompts and generation metadata (scores, techniques, failure diagnostics) to improve the Service, as described in the Privacy Policy.

Content you bring in: when you import an email, Kineticize one, or upload images or other material, you confirm you have the right to use it: it is your own content, or its owner has authorized you. Don't use the Service to reproduce someone else's email or brand.

Your Data Responsibilities

When you send emails with tracking to your recipients, you are the data controller for your recipients' data; we process it on your behalf as described in the Privacy Policy (recipient identifiers are hashed; IPs are salted-hashed or dropped). You are responsible for having a lawful basis to track engagement and for honoring recipients' rights.

Warranties, Liability & Law

The Service is provided "as is" and "as available" without warranties of any kind. We don't guarantee uninterrupted availability, that generated emails will render in any particular client, or that emails will be delivered.

To the maximum extent permitted by law, our total liability for any claim arising from the Service is limited to the amount you paid us in the 12 months before the claim, and we are not liable for indirect, incidental, or consequential damages.

You agree to indemnify us against claims arising from your sends, your content, or your violation of these Terms. These Terms are governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to conflict-of-law rules. The Service is not available in jurisdictions subject to comprehensive US sanctions.

Contact

Questions about these Terms: sean@kinetic.email