Terms of Service

Last updated: July 8, 2026

These Terms of Service ("Terms") govern your access to and use of the services provided by Kyvero AI ("Kyvero," "we," "us," or "our"), including our website at kyvero.ai and our HVAC lead generation services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Description of Services

Kyvero AI provides the following service:

  • HVAC Lead Generation (The Booked-Solid System): A performance-based marketing service for HVAC contractors. We run paid advertising campaigns on Google and Meta (Facebook/Instagram) that generate homeowner leads exclusively for a single HVAC contractor per geographic territory. Automated SMS follow-up, including appointment confirmation requests, is sent to homeowners who have opted in. Your first 5 Reply-Confirmed Appointments (as defined in Section 4) are provided at no charge. After that, you are billed per batch of 5 Reply-Confirmed Appointments as described in Section 4. No retainer, no setup fee, and no monthly charge applies to this service.

2. Eligibility

You must be at least 18 years old and have the authority to enter into these Terms on behalf of yourself or your business to use our Services. By using the Services, you represent and warrant that you meet these requirements.

3. Account Registration and Security

You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use. We are not liable for any loss resulting from your failure to secure your account.

4. Payment Terms

Payment for HVAC lead generation services is based on Reply-Confirmed Appointments. A "Reply-Confirmed Appointment" is defined as a homeowner lead, sourced from Kyvero advertising campaigns (tracked via UTM parameters or call-tracking number), who receives an automated text message confirming a scheduled appointment and affirmatively replies to confirm that appointment prior to the scheduled time. Leads that do not reply to confirm — including unreachable numbers, non-responses, and invalid submissions — do not qualify as Reply-Confirmed Appointments and will not be invoiced.

Your first 5 Reply-Confirmed Appointments are provided at no charge. Each subsequent batch of 5 Reply-Confirmed Appointments is billed automatically at the rate then in effect at the time the 5th appointment in that batch is confirmed. Pricing per batch may be adjusted with 30 days' advance notice as described in Section 17.

Payment is due within 7 days of invoice. You authorize us to charge the payment method on file for each batch invoice. Ad spend on Google and Meta is paid directly by you to those platforms — Kyvero does not charge a markup on ad spend and does not handle ad spend funds on your behalf.

5. Territory and Exclusivity

HVAC lead generation services are provided on an exclusive basis within a defined geographic territory (typically a 25–40 mile radius). Once a contractor is signed for a given territory, Kyvero will not take on a competing HVAC contractor within that territory for the duration of the engagement. Territory boundaries are agreed upon in writing prior to campaign launch. Kyvero reserves the right to define and adjust territory boundaries in good faith.

6. SMS Messaging Program

Program Name: Kyvero AI Lead Follow-Up SMS

Program Description: As part of our lead generation services, Kyvero sends transactional SMS text messages to homeowners who have submitted a service inquiry through one of our advertising campaign landing pages and provided express written consent to receive communications. These messages confirm receipt of the inquiry, connect the homeowner with the HVAC contractor they contacted, and request confirmation of a scheduled appointment prior to the appointment time.

Message Frequency: Message frequency varies based on inquiry activity. Typically 1–3 messages per inquiry submitted.

Consent: SMS messages are sent only to individuals who have provided express written consent via a compliant opt-in form at the time of submitting their service inquiry. Consent to receive SMS messages is not a condition of receiving services.

How to Opt Out: You may opt out of SMS messages at any time by replying STOP to any message. Upon receiving your opt-out request, we will immediately stop sending future messages to your number. You may also opt out by contacting us at sebastien@kyvero.ai.

How to Get Help: Reply HELP to any message for assistance, or contact us at sebastien@kyvero.ai or (949) 996-1578.

Message and Data Rates: Standard message and data rates may apply. Contact your wireless carrier for details. Kyvero AI is not responsible for any charges from your carrier related to SMS messages.

Data: Mobile opt-in data and phone numbers collected for SMS communications will not be sold, shared, or disclosed to third parties or affiliates for marketing purposes.

7. Acceptable Use

You agree not to use the Services to:

  • Violate any applicable law, regulation, or third-party rights
  • Send spam, unsolicited messages, or harassing communications
  • Send messages to individuals who have opted out or requested to stop receiving messages
  • Impersonate any person or entity
  • Send messages containing prohibited content including but not limited to: adult content, cannabis, firearms, gambling, hate speech, phishing, or fraudulent content
  • Interfere with or disrupt the Services or servers
  • Collect or harvest personal data without authorization
  • Use the Services for any fraudulent or deceptive purpose
  • Attempt to circumvent any carrier filtering or A2P 10DLC regulations

8. SMS Compliance Obligations

If you use our Services to send SMS messages, you are responsible for ensuring compliance with all applicable laws and regulations, including:

  • The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227
  • CTIA Messaging Principles and Best Practices
  • A2P 10DLC carrier registration requirements
  • CAN-SPAM Act for commercial email
  • All applicable state laws including Texas SB 140 and Virginia SB 1339

We reserve the right to suspend or terminate SMS capabilities for any account that violates messaging policies, receives excessive spam complaints, or generates non-compliant traffic. T-Mobile and other carriers may impose fines of up to $10,000 per content violation for prohibited messaging. Any such fines resulting from your use of our Services may be passed to you.

9. Data and Privacy

Your use of the Services is governed by our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for ensuring that your use of the Services complies with applicable privacy laws.

10. Intellectual Property

All content, features, and functionality of the Services — including but not limited to software, text, graphics, logos, advertising systems, and campaign materials — are owned by Kyvero AI or its licensors and are protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes only. You may not copy, modify, distribute, reverse engineer, or create derivative works from our Services.

11. Third-Party Integrations

Our Services integrate with third-party platforms including Google, Meta, GoHighLevel, Supabase, Twilio, and Stripe. We are not responsible for the availability, accuracy, or content of third-party services. Your use of third-party services is governed by their respective terms and policies. We are not liable for any interruption or failure of third-party services.

12. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. PERFORMANCE-BASED LEAD GENERATION RESULTS VARY BASED ON MARKET CONDITIONS, AD SPEND, GEOGRAPHIC TERRITORY, AND OTHER FACTORS OUTSIDE OUR CONTROL. WE MAKE NO GUARANTEE OF A SPECIFIC NUMBER OF BOOKED JOBS, APPOINTMENTS, OR REVENUE OUTCOME.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KYVERO AI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO KYVERO AI IN THE THREE MONTHS IMMEDIATELY PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless Kyvero AI and its officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any third-party rights; or (e) any SMS messages sent through the Services in violation of applicable laws or these Terms.

15. Termination

Either party may terminate the Services at any time with written notice. You may cancel your engagement at any time by contacting us at sebastien@kyvero.ai. We reserve the right to suspend or terminate your access to the Services immediately and without notice if you violate these Terms, engage in prohibited messaging activity, fail to pay invoices when due, or if we determine that your use poses a risk to the Services, other users, or third parties.

Upon termination, your right to use the Services immediately ceases. Any unpaid invoices for delivered batches of Reply-Confirmed Appointments remain due and payable after termination. We may retain certain information as required by law or for legitimate business purposes as described in our Privacy Policy.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Ohio, without regard to conflict of law principles. Any disputes arising under or related to these Terms shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction. The arbitration shall take place in Cuyahoga County, Ohio.

You waive any right to participate in a class action lawsuit or class-wide arbitration.

17. Changes to Terms

We may update these Terms at any time. We will notify you of material changes by email or by posting a notice through the Services at least 14 days before the changes take effect. Continued use of the Services after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services before the effective date.

18. Entire Agreement

These Terms, together with our Privacy Policy and any written client agreement, constitute the entire agreement between you and Kyvero AI regarding the Services and supersede all prior agreements, representations, or understandings relating to the subject matter herein.

19. Contact

For questions, concerns, or notices regarding these Terms, contact us at: