Terms of Use

1. General Provisions

These Terms of Use (hereinafter — "Terms") govern the relationship between PE [Full Name], Tax ID [XXXXXXXX] (hereinafter — "Kendy", "we", "Platform") and any person who uses the Kendy platform (hereinafter — "User", "you").

Registration on the Platform and/or use of its functionality constitutes full and unconditional acceptance of these Terms. If you do not agree with these Terms, please do not use the Platform.

2. Description of the Platform

Kendy is a B2B lead generation platform that provides the following services:

• KendyMaps — search and collection of business information from open sources (Google Maps)
• KendySites — analysis of business websites and extraction of contact data
• KendyMind — AI analysis and lead scoring (ICP scoring, CHAMP scoring)
• KendyReach — automated email outreach

The Platform works with publicly available B2B information and is intended exclusively for business communication between business entities.

3. Registration and Account

• To use the Platform, you must create an account providing accurate information
• Requirements: minimum age 18 years; status — business entity or individual acting for commercial purposes
• One account per person/company (unless otherwise agreed with us)
• You agree to maintain the confidentiality of your password and to immediately notify us of any unauthorized access

You bear full responsibility for all actions performed through your account.

4. Acceptable Use

The Platform is intended for:

• B2B lead generation — finding potential clients for your business
• Marketing analysis — market, competitor, and niche assessment
• Business communication — personalized email outreach to businesses
• When using data obtained through the Platform, the User agrees to comply with the Law of Ukraine "On Personal Data Protection", "On Electronic Communications", "On Advertising", and other applicable legislation

5. Prohibited Use

The following is strictly prohibited when using the Platform:

• Collection of personal data of natural persons — collecting, storing, or processing personal data of natural persons (non-B2B) using the Platform
• Resale of databases — transferring raw databases to third parties without adding value (analytics, processing)
• Spam campaigns — more than 5 messages to one recipient without prior consent; misleading, fraudulent, or offensive messages
• Unauthorized access — attempts to access systems, databases, or accounts of other users; reverse engineering, decompiling, or reproducing Platform code
• Circumventing restrictions — creating multiple accounts to bypass limits or bans; using the Platform for any illegal activity

Violation of these rules may result in immediate account suspension without a refund.

6. Intellectual Property

The source code, design, logo, the name "Kendy" and all derivative names (KendyMaps, KendySites, KendyMind, KendyReach) belong to Kendy. Documentation, scoring and ranking algorithms are Kendy's intellectual property. Query results (lead lists, analytics) created using the Platform belong to the User. Kendy does not grant any licenses or intellectual property rights beyond the limited right to use the Platform according to the selected plan. Data collected from public sources is not the intellectual property of Kendy.

7. Disclaimer of Warranties

• The Platform is provided "as is" and "as available"
• We do not guarantee 100% accuracy or completeness of collected data (information from public sources may be outdated)
• We do not guarantee a specific number of leads, replies, or meetings
• We do not guarantee uninterrupted Platform operation (technical maintenance breaks are possible)
• We do not guarantee delivery of all email messages (depends on recipients' email providers)

8. Limitation of Liability

• Kendy is not liable for damages caused by the use or inability to use the Platform
• Kendy is not liable for User actions regarding the use of obtained data or for User's violation of legislation
• Kendy is not liable for indirect, incidental, special, punitive, or consequential damages (including loss of profits, loss of data, loss of business reputation)
• Maximum liability of Kendy is limited to the amount paid by the User in the last 3 months of use

8-1. Indemnification

The User agrees to defend, indemnify, and hold harmless Kendy, its owner, employees, and partners from any claims, damages, liabilities, costs (including legal fees) arising from:

• User's violation of these Terms or any applicable laws
• User's use of data in a manner that violates legislation or the rights of third parties
• Content of emails or other communications sent by the User using the Platform
• Complaints from third parties regarding the User's actions

This obligation survives the termination of these Terms or the deletion of the User's account.

8-2. User Responsibility for Communications

The User bears full and exclusive responsibility for:

• Content of all emails, letters, and other communications sent using the Platform
• Selection of recipients — the User independently determines to whom to send messages
• Compliance with legislation on electronic communications, anti-spam protection, and personal data protection
• Providing an unsubscribe mechanism (opt-out / unsubscribe) in every message sent
• Sender identification — every message must clearly identify the sender

Kendy provides tools and infrastructure for conducting communications but does not control or moderate the content of User messages.

8-3. Data and Results Disclaimer

Information collected by the Platform is obtained from publicly available sources. Kendy does not guarantee the timeliness, accuracy, completeness, or reliability of collected data, does not manually verify each record, and recommends that Users verify critical data before use.

Kendy does not guarantee delivery of email messages to the recipient's inbox, does not control mail filters, and does not guarantee specific deliverability, open rate, or reply rate metrics.

Kendy does not guarantee a specific number of leads, replies, meetings, deals, or revenue, nor ROI from using the Platform. Effectiveness depends on the User's strategy, content, and actions.

8-4. Fair Use Policy

The User agrees to use the Platform in good faith and reasonably, without abusing the provided resources. Kendy reserves the right to monitor Platform usage to detect violations.

For minor violations — a warning and request to correct behavior. For significant violations — suspension or blocking of the account without prior notice and without a refund.

9. Suspension and Termination of Access

Kendy has the right to suspend or block access to the Platform in case of suspected violation of these Terms, unauthorized access, or use for spam or fraud. The User may delete their account at any time through the dashboard or by emailing info@getkendy.com. After account blocking or deletion, data is retained in accordance with the Privacy Policy.

10. Changes to the Terms

Kendy reserves the right to amend these Terms. We notify users of material changes by posting an updated version on the Platform and by email at least 14 days before the changes take effect. Continued use of the Platform after the changes take effect constitutes acceptance of the updated Terms.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of Ukraine. Disputes shall be resolved through negotiation. If no agreement is reached, disputes shall be resolved in court at the location of the registered sole proprietor.

12. Feedback and Complaints

If you have questions, suggestions, or complaints:

We review all inquiries within 5 business days.

13. Final Provisions

If any provision of these Terms is found to be invalid or unenforceable, this does not affect the validity of the other provisions. Kendy's failure to exercise any right under these Terms does not constitute a waiver of that right.

These Terms, together with the Privacy Policy, Public Offer Agreement, and Refund Policy, constitute the complete agreement between you and Kendy.