Terms of Service

This is an agreement between you — the business using the platform, together with anyone you authorise to use it — and Beard Growth Partners [ confirm registered entity form — LLC / Inc ] (“KYBR”, “we”). If you are agreeing on behalf of a company, you confirm you have authority to bind it.

Our Privacy Policy forms part of these terms. Where a signed order form or master agreement exists between us and conflicts with this page, that document wins.

KYBR is a licensed, multi-tenant Growth Operating System. We grant you a non-exclusive, non-transferable, revocable licence to access it for your own business during your subscription. You are licensing access to a platform we continue to develop — not buying a copy, and not commissioning bespoke software.

Because the platform is shared, improvements reach every client. We may add, change, or remove features. If we materially reduce core functionality you rely on, you may terminate under Section 10 and receive a pro-rata refund of fees paid for the unused period.

The platform is provided as software. We are not your agency of record, and nothing here makes us responsible for your commercial results.

• You must give accurate registration details and keep them current.
• You are responsible for your credentials and for everything done under your account.
• You must tell us promptly if you suspect unauthorised access.
• You must be old enough to enter a binding contract, and using KYBR must be lawful where you are.

We may suspend an account that is being used unlawfully, that threatens the platform's security or stability, or that is materially overdue on payment.

The platform drafts copy and creates images using AI models. You need to understand three things about that.

• It can be wrong. AI models produce plausible text that may be inaccurate, outdated, or unsuitable. Claims about pricing, availability, qualifications, results, or regulated subjects must be checked by you before they go out.
• You are the publisher. The platform includes an approval step for exactly this reason. Once you approve or schedule content, you are responsible for it — including its accuracy, its compliance with advertising and sector rules, and any third-party rights it touches.
• It may not be unique. AI output is not guaranteed original or exclusive to you, and in some jurisdictions purely machine-generated material may not attract copyright at all.

You must not use the platform to produce unlawful, deceptive, harassing, or infringing material, or to impersonate anyone.

This section carries real legal exposure, so read it carefully.

KYBR orchestrates campaigns and writes the content. Your CRM sends the messages. Email and SMS delivery, opt-out processing, sending reputation, and carrier registration all happen in your own connected platform, under your account and your sender identity.

You are therefore responsible for having a lawful basis to contact every person in your lists, and for complying with the rules that apply to you — including the TCPA and CAN-SPAM in the United States, CASL in Canada, UK and EU GDPR and PECR, and any A2P 10DLC or carrier registration your messaging requires. You must honour unsubscribe and STOP requests promptly, and you must not upload purchased, scraped, or otherwise non-consented lists.

You are responsible for maintaining your own accounts with third-party providers and for their fees and terms. If a third party changes or withdraws its API, we will adapt where reasonably practicable, but we are not liable for functionality lost because a provider changed something outside our control.

You grant us a licence to host, process, and display your data as needed to run the service. We may use aggregated, de-identified data — never anything identifying you or your contacts — to improve the platform and to publish benchmarks.

You grant us permission to use your name and logo to identify you as a client in our marketing. You may withdraw that permission at any time by writing to us.

Automation templates and workflows we deploy into your CRM remain our intellectual property, licensed to you for the term. You keep the contacts, conversations, and history within them.

Fees, billing period, and included usage are as set out in your order form or plan at signup: [ pricing and billing terms — plan tiers, billing cycle, taxes, late fees ].

AI usage is metered. The platform exposes your consumption and lets you set a monthly token budget, which hard-stops generation when reached. Keeping that budget appropriate to your usage is your responsibility.

Each of us may receive the other's non-public information. Both of us agree to protect it with reasonable care, use it only to perform under these terms, and not disclose it except to people and providers who need it and are under similar obligations. This does not apply to information that is public, independently developed, or required to be disclosed by law.

The platform is provided “as is” and “as available”. To the fullest extent permitted by law we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted or error-free, that AI output will be accurate or effective, or that you will achieve any particular growth, revenue, or lead volume.

Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data. Our total liability arising out of these terms is capped at the fees you paid us in the [ liability cap period — e.g. 12 months ] before the claim.

You will indemnify us against claims arising from your content, your data, your use of the platform in breach of these terms, and your messaging or consent practices.

Nothing here excludes liability that cannot lawfully be excluded — including fraud, or death or personal injury caused by negligence. Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.

These terms run while your account is open. Either party may terminate for convenience with [ notice period — e.g. 30 days ] written notice, or immediately for material breach the other fails to cure within [ cure period — e.g. 14 days ] of notice.

On termination your licence ends and access stops. Before then you may export your data from the platform, and your contacts remain in your own CRM regardless — that account is yours. We will delete or anonymise your data on the timeline in the Privacy Policy. Automation templates we deployed may be deactivated or withdrawn.

Sections 06, 08, and 09 survive termination.

We may update these terms; the date at the top will change. For material changes we will give notice in the platform or by email before they take effect, and continuing to use KYBR afterwards means you accept them.

These terms are governed by the laws of [ governing law jurisdiction ], and the courts of [ venue for disputes ] have exclusive jurisdiction. If any provision is unenforceable, the rest stands. You may not assign these terms without our consent; we may assign them to a successor in a merger, acquisition, or sale of assets.

Questions: [ contact email ].