Kay Account Intelligence — Service Terms

Status: APPROVED OPERATING TERMS DRAFTED FROM CURRENT U.S./GEORGIA RESEARCH. These terms are intended for B2B service transactions. They should be presented conspicuously before payment and incorporated into each order. They are not legal advice to the client.

Effective date: 2026-09-20 Provider: Kay Account Intelligence, operated by Nick Kay ("KAI", "we", "us")

1. Agreement and assent

These Service Terms govern paid account-intelligence services supplied by KAI. A customer ("Client") accepts these Terms when, after being given a conspicuous link or copy of them, the Client either:

1. affirmatively replies that it agrees; or
2. completes a Stripe checkout that expressly states payment requires acceptance of these Terms and requires the Client to check the Terms-of-Service acceptance box.

The applicable written scope/order confirmation, these Terms, and any written amendment agreed by both parties form the Agreement. If the scope/order confirmation conflicts with these Terms on a project-specific commercial point, the scope/order confirmation controls for that point.

2. Service

KAI provides custom, source-backed B2B account intelligence researched against the Client's written target criteria. Deliverables may include account/company information, public commercial triggers, buyer-role analysis, verified named decision makers where available, public business contact routes, fit rationale, negative evidence, recommendation, outreach angle, confidence, research status, and source references.

KAI is a research and commercial-prioritization service. It is not a data broker selling a recycled generic lead list, law firm, financial adviser, credit bureau, investigative agency, or guarantee of sales results.

3. Packages and pricing

Unless a written order states otherwise:

• Custom Trial: 3 custom researched accounts — $75 — optional.
• Pilot: 20–25 custom researched accounts — $500.
• Standard: 40–50 custom researched accounts — $1,000.

A Client may proceed directly to Pilot or Standard. A Custom Trial is not automatically credited toward a larger package unless KAI agrees in writing.

4. Scope confirmation

Before paid research begins, the parties confirm the material scope in writing, including as applicable:

• target geography;
• target industries/company types;
• size/stage or other qualification filters;
• required or excluded buyer roles;
• exclusions/disqualifiers;
• package/account count; and
• requested signal/trigger preferences.

KAI may ask reasonable clarification questions needed to avoid guessing. KAI may mark an account `Needs Verification`, HOLD, or omit it when available evidence does not support a confident conclusion.

5. Turnaround

Normal service targets after scope and payment are confirmed are:

• Custom Trial: up to 2 business days;
• Pilot: up to 4 business days;
• Standard: up to 5 business days.

These are service targets, not guarantees. If an unusually difficult, low-information, regulated, non-English, or otherwise atypical market materially affects timing, KAI will communicate a revised target before continuing material work where practicable.

6. Payment

Payment is due before paid research begins unless KAI agrees otherwise in writing. KAI may pause work until payment is confirmed.

KAI's preferred payment method is a Stripe-hosted Payment Link for the applicable package. Payment-processing charges are borne by KAI unless the written order states otherwise. Client remains responsible for any taxes or charges lawfully imposed on Client's purchase, except taxes based on KAI's net income.

Revenue is not treated as collected until payment is actually confirmed.

7. Cancellation and refunds

Before material research begins, Client may request cancellation. If payment has already been processed, KAI may refund the payment less any non-refundable processing/reversal cost actually incurred.

After material research has begun, amounts attributable to completed work are non-refundable. KAI will instead correct material factual/source errors or material failures to follow the agreed written scope.

If KAI cannot deliver a material portion of the agreed scope, KAI will either replace the undelivered work or refund the reasonably allocable undelivered portion, at KAI's election after discussing the issue with Client.

Nothing in this section creates a penalty or fixed liquidated-damages charge.

8. Corrections, revisions, and scope changes

One reasonable alignment/correction pass is included when the delivered research materially misses the agreed written scope.

Verified factual or source errors will be corrected without being counted as a discretionary revision.

The following are scope changes rather than corrections: a new ICP, geography, company-size requirement, buyer-role requirement, exclusion, signal requirement, use case, or replacement of correctly researched accounts solely because Client changes preference after delivery. Scope changes may require a new quote, package, or delivery date.

9. Client responsibilities

Client must:

• provide accurate written scope criteria and material exclusions;
• have lawful authority to provide any non-public material shared with KAI;
• promptly identify known conflicts in the scope;
• use the deliverable lawfully; and
• independently determine whether and how to contact, contract with, or otherwise act regarding any researched person/company.

Client is responsible for its own outreach, marketing, privacy, employment, contracting, procurement, anti-spam, and other legal/compliance obligations.

10. Public-source research; freshness and uncertainty

Unless otherwise agreed, KAI relies primarily on publicly available sources. Public information changes. People change roles, companies update websites, financing/hiring/operations change, and pages disappear.

Each deliverable is point-in-time research as of its stated research date. KAI uses reasonable research and QA practices but does not warrant that public third-party information is complete, error-free, continuously available, or unchanged after delivery.

KAI separates sourced facts from analyst judgment and marks material uncertainty rather than inventing facts. A recommendation such as PURSUE, PURSUE SELECTIVELY, HOLD, or SKIP is analyst judgment, not a promise of purchase intent or outcome.

11. No performance guarantee

KAI does not guarantee meetings, replies, pipeline, conversion, revenue, funding, contracts, customer intent, or any other commercial result. Client remains responsible for decisions made from the research.

12. Intellectual property and permitted use

Upon full payment, Client receives a perpetual, non-exclusive right to use, copy, adapt, and internally distribute the project-specific deliverable for Client's business purposes, including use by Client's employees and contractors who need it for those purposes.

Client owns its pre-existing materials and confidential information. KAI retains ownership of its pre-existing methods, templates, field structures, workflows, prompts, QA systems, know-how, general research techniques, and other background tools. KAI may reuse generalized methods and non-confidential know-how, but not Client confidential information.

Public-source facts remain subject to whatever rights apply to their original sources; KAI does not transfer ownership of third-party material.

13. Confidentiality

Each party will use reasonable care to protect non-public information clearly identified as confidential or that a reasonable business person would understand to be confidential, and will use it only to perform or receive the services.

Confidentiality does not cover information that is or becomes public without breach, was already lawfully known without duty, is independently developed without use of the confidential information, or is lawfully obtained from another source without duty.

A party may disclose confidential information when legally required, to the extent required, and should give reasonable notice where legally permitted.

14. Warranties and disclaimers

KAI warrants that it will perform the service in a professional manner using the research and QA standards then applicable to KAI.

Except for that express promise, and to the maximum extent permitted by applicable law, the service and deliverables are provided without other express or implied warranties, including any warranty of merchantability, fitness for a particular purpose, non-infringement based solely on third-party/public-source content, or guaranteed commercial outcome.

This section does not disclaim liability that cannot lawfully be disclaimed.

15. Limitation of liability

**TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, OR LOSS OF GOODWILL, ARISING FROM THE AGREEMENT, EVEN IF ADVISED THAT SUCH DAMAGES MAY OCCUR.**

**TO THE MAXIMUM EXTENT PERMITTED BY LAW, KAI'S AGGREGATE LIABILITY ARISING OUT OF A PARTICULAR PAID ORDER WILL NOT EXCEED THE FEES ACTUALLY PAID TO KAI FOR THAT ORDER.**

These limitations do not apply to fraud, willful misconduct, gross negligence to the extent it cannot lawfully be limited, a party's breach of its confidentiality obligations, or obligations that applicable law does not permit the parties to limit.

The parties intend this section to be conspicuous, clear, and commercially reasonable in light of the service price and the Client's control over how the research is used.

16. Third-party claims and misuse

Each party remains responsible for its own conduct. Client will not knowingly use KAI's deliverable unlawfully or direct KAI to obtain or use information in a manner that Client knows is unlawful.

KAI is not responsible for a third-party claim caused primarily by Client's unlawful use of the deliverable, Client-provided material that Client lacked authority to provide, or Client instructions that materially departed from the agreed lawful use of the service.

This clause is not intended to indemnify KAI for KAI's own fraud, willful misconduct, or liability that applicable law does not permit KAI to shift.

17. Electronic communications and records

The parties agree to conduct the transaction electronically. Email, electronic records, electronic acceptance, and Stripe checkout records may be used to document the Agreement, scope, acceptance, payment, and delivery.

Each party should retain copies of the applicable scope/order confirmation and these Terms. KAI will retain the project record for a commercially reasonable period subject to its data-handling practices.

18. Governing law and forum

The Agreement is governed by Georgia law, without regard to conflict-of-law principles that would require application of another jurisdiction's law.

Any lawsuit arising primarily from the Agreement must be brought in a state court located in Paulding County, Georgia, or a federal court with jurisdiction over Paulding County, Georgia, and each party consents to that forum, except that either party may seek appropriate injunctive relief in another court of competent jurisdiction when necessary to prevent immediate misuse of confidential information or intellectual property.

19. Dispute handling

Before filing a lawsuit, the parties should first provide written notice describing the dispute and allow at least 15 days for good-faith informal resolution, unless delay would materially prejudice a legal right or emergency relief is reasonably necessary.

KAI does not require private arbitration under these Terms. Either party retains available court rights subject to the agreed forum above.

20. Force majeure

Neither party is liable for delay caused by circumstances beyond its reasonable control, including material third-party platform outages, widespread network/service failures, natural disasters, government actions, or similar events, provided the affected party uses reasonable efforts to resume performance. This does not excuse payment for services already completed.

21. Changes to terms

The version of these Terms accepted for a paid order governs that order. KAI may revise these Terms prospectively, but a later posted version does not retroactively change an already accepted order unless both parties agree.

22. Severability; waiver; entire agreement

If a provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the remainder will continue in effect.

Failure to enforce a provision once is not a continuing waiver.

The applicable scope/order confirmation, these Terms, and written amendments agreed by both parties constitute the entire agreement for the paid order and supersede prior discussions about that order.