Terms of Service

1.About KMF Creative Solutions

KMF Creative Solutions LLC is a Tennessee limited liability company that designs, builds, and manages AI powered workflows, automations, voice and chat agents, and business systems for small businesses and service based professionals.

These Terms of Service govern your use of kmfcreativesolutions.com and all services we provide. They apply to all website visitors, audit and assessment purchasers, and clients under an executed Statement of Work. See Section 14 for the scope of Terms that apply to website visitors versus clients.

Questions about these Terms should be directed to info@kmfcreativesolutions.com.

2.Services

We offer AI operations and automation services for small businesses. Categories include readiness assessments and audits, done for you workflow and automation builds, AI voice and chat agents, and ongoing optimization and management on a retainer basis. The specific deliverables, timeline, and pricing for your engagement are defined in your individual proposal or Statement of Work.

A Statement of Work (SOW) is a written agreement executed by both KMF Creative Solutions and the client through electronic signature before any build begins. It defines the specific services, deliverables, pricing, and timeline for the engagement, and it incorporates these Terms, the Refund and Cancellation Policy, the Client Expectations Policy, and the Privacy Policy by reference.

Any pricing shared on a call or in a proposal is confirmed in writing before any build begins. No work commences until the SOW is fully executed and payment has cleared.

3.SMS Communications and A2P Compliance

3.1 A2P 10DLC Registration

Where KMF sends automated SMS, or builds systems that send SMS on a client's behalf, it does so under Application to Person (A2P) 10DLC brand and campaign registration with The Campaign Registry (TCR), as required by federal law. SMS communications are intended to comply with TCPA requirements and carrier guidelines.

3.2 Required SMS Disclosures

• Message frequency varies based on your interaction and the automation configuration.
• Message and data rates may apply.
• Reply STOP to unsubscribe from any automated message thread. You will receive one final confirmation and no further messages.
• Reply HELP for assistance. You will receive contact information in response.
• Carriers are not liable for delayed or undelivered messages.
• Privacy Policy: kmfcreativesolutions.com/privacy-policy

3.3 Opt In and Opt Out

We obtain express written consent before sending any marketing or automated SMS message. Consent is collected through web forms, assessment submissions, or documented client agreement. Consent is never purchased, rented, or assumed. Opt out requests are honored immediately and automatically. No further marketing messages are sent to any number that has replied STOP.

3.4 Non Sharing Clause

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Information sharing to subcontractors in support of services is permitted. All other use case categories exclude text messaging originator opt in data and consent, and this information will not be shared with any third parties.

3.5 Client SMS Compliance Obligations

Clients who engage KMF for SMS automation are solely responsible for the compliance of their own contact databases. We build and operate the delivery system. The client is responsible for maintaining documented opt in consent for every contact in their database.

Cold texting, meaning sending SMS to any contact who has not explicitly opted in, violates TCR guidelines, carrier guidelines, TCPA, and platform messaging policy. It is grounds for immediate campaign revocation, carrier suspension, and immediate termination of the engagement per the Refund and Cancellation Policy.

Clients must maintain an opt out rate below 3 percent across all SMS campaigns at all times. Exceeding the 3 percent threshold can trigger automatic carrier suspension of messaging. KMF is not liable for message delivery failures or business disruption resulting from client triggered opt out rate violations.

4.Payment Terms

All payment terms, late fee schedules, collections escalation, and chargeback policy are governed by the KMF Creative Solutions Refund and Cancellation Policy, available at kmfcreativesolutions.com/refund-cancellation and incorporated by reference into these Terms.

Summary of key payment terms:

• Setup fees are due in full at signing before kickoff begins.
• Monthly recurring fees are auto charged on the schedule defined in your SOW, beginning after confirmed go live.
• Any assessment or audit fee is non refundable once results are delivered, and may be credited toward a subsequent engagement as specified at the time of purchase.
• Accepted payment methods and currency are confirmed at signing. Payments are processed in US dollars.

All billing disputes must be submitted in writing to info@kmfcreativesolutions.com within 30 days of the charge date before any chargeback is initiated. Initiating a chargeback without prior written notice is a breach of these Terms.

5.Electronic Agreements

KMF client engagements are executed by electronic signature. By signing a Statement of Work electronically, you agree that:

• Your electronic signature has the same legal effect as a handwritten signature under the Electronic Signatures in Global and National Commerce Act (E SIGN Act, 15 U.S.C. 7001 et seq.) and applicable Tennessee law.
• You have the legal authority to enter into binding agreements on behalf of the business entity named in the SOW.
• You have read, understand, and agree to the SOW, these Terms of Service, the Refund and Cancellation Policy, and the Client Expectations Policy, all incorporated by reference into the executed SOW.
• Electronic records and signatures satisfy any requirement that agreements be in writing.

6.Intellectual Property

6.1 What You Own

• Your contact records, conversation history, and lead data processed through KMF built systems.
• SMS templates, email sequences, and scripts written specifically for your engagement, transferred to you upon payment in full.
• Your brand assets provided to KMF for use in building your system.

6.2 What KMF Retains

• All underlying workflow logic, prompt engineering frameworks, and automation architecture.
• Our proprietary GAPS framework (Generate, Automate, Protect, Scale) and template library.
• Our AI agent personas, scripts, and configuration frameworks.
• The right to use anonymized, non identifying build patterns for internal improvement and case studies.

6.3 License

Upon payment in full and under an active retainer, you receive a non exclusive, non transferable license to use our underlying workflow logic for the duration of your active subscription. This license terminates upon cancellation of your retainer. You retain your data and copy. You lose access to the underlying system architecture.

You may not reverse engineer, resell, sublicense, or replicate our workflow architecture or prompt frameworks for use outside your own business without our written permission. Upon cancellation, clients may request transfer of deliverables owned per Section 6.1 by submitting a written request to info@kmfcreativesolutions.com within 30 days of the cancellation effective date.

6.4 Website Content

All content on kmfcreativesolutions.com, including text, graphics, logos, case study data, and copy, is the property of KMF Creative Solutions and protected by applicable copyright and trademark laws. You may not reproduce, distribute, or create derivative works from any site content without express written permission.

7.AI Behavior and Accuracy Disclaimer

We build, test, and deploy AI systems designed for precision and accuracy within the scope defined in each client's SOW. However:

• No AI system is infallible. AI generated responses may be inaccurate, unexpected, or inconsistent with client intent despite proper configuration.
• KMF is not liable for AI generated responses that are inaccurate or unexpected, provided the system was built and tested to the specification in the executed SOW.
• Clients are responsible for monitoring live AI interactions with their own customers on an ongoing basis and reporting unexpected responses within 48 hours of discovery.
• Clients are responsible for disclosing to their own customers that they may be communicating with an AI system, including compliance with state specific AI disclosure laws such as the California CPPA automated decision making regulations (effective January 1, 2026) and Illinois HB 3773.
• Clients are responsible for the accuracy of all information provided to KMF for inclusion in the AI knowledge base.
• Our voice AI systems may record calls for quality assurance and performance monitoring. Clients are responsible for ensuring their voice AI system provides a call recording disclosure at the start of each call in compliance with applicable state wiretapping laws. California, Illinois, Pennsylvania, Florida, and Washington require all party consent for call recording. KMF is not liable for wiretapping or call recording violations arising from client failure to enable or maintain required recording disclosures.

8.Data Privacy and Security

Our collection and use of personal data is governed by the KMF Creative Solutions Privacy Policy, available at kmfcreativesolutions.com/privacy-policy and incorporated by reference into these Terms.

Key data terms:

• Client data is not shared with other KMF clients or used for purposes outside the client's engagement.
• Third party processors used in delivering our services are listed in the Privacy Policy. Client data passes through these processors as part of normal system operation.
• Clients are responsible for their own compliance with TCPA, GDPR, CCPA, HIPAA where applicable, and all other data privacy laws governing their customer relationships.
• KMF uses role based access controls and is not liable for data breaches resulting from client side security failures.

9.Limitation of Liability

To the maximum extent permitted by applicable law:

• Our total liability to any client for any claim arising from or related to these Terms or any KMF service shall not exceed the total fees paid by the client to KMF in the three month period immediately preceding the claim.
• KMF is not liable for any indirect, incidental, consequential, punitive, or special damages, including lost profits, lost revenue, loss of data, or business interruption, even if KMF has been advised of the possibility of such damages.
• KMF is not liable for delays, failures, or service interruptions caused by third party platform changes, carrier delays, A2P registration timelines, force majeure events, or client non performance.
• KMF is not liable for the actions or content of AI systems that have been modified by the client after go live without KMF involvement.

10.Indemnification

You agree to indemnify, defend, and hold harmless KMF Creative Solutions, its members, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney fees, arising out of or related to:

• Your violation of these Terms.
• Your use of KMF services in violation of applicable law.
• Your failure to obtain or maintain required opt in consent for SMS contacts.
• A2P violations, TCPA claims, or regulatory actions arising from your contact database or your direction of KMF built systems.
• AI disclosure failures to your own customers.
• Any third party claim arising from content or data you provided to KMF, or from AI generated content produced by a KMF built system operating in your business, provided the system was built and delivered to the specification in your executed SOW.

11.Governing Law and Dispute Resolution

These Terms and all KMF engagements are governed by the laws of the State of Tennessee, without regard to its conflict of law provisions.

Before initiating any legal action, the party must:

• Submit a written dispute notice to info@kmfcreativesolutions.com with the subject line: Billing Dispute, followed by your business name. State the specific issue, the date it occurred, and the resolution requested.
• Allow 30 days for the parties to attempt good faith resolution through written communication.
• If unresolved, either party may pursue resolution in the state or federal courts located in Davidson County, Tennessee.

You waive any right to a jury trial in connection with any dispute arising under these Terms. You also waive any right to participate in a class action lawsuit or class wide arbitration against KMF.

12.Disclaimer of Warranties

KMF services are provided as is and as available. We make no warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non infringement.

We do not warrant that services will be uninterrupted, error free, or free of viruses or other harmful components. We do not warrant that any specific business outcome, including lead conversion rates, call answer rates, or revenue results, will be achieved through use of our services.

Any build commitment described in your Client Expectations Policy or Statement of Work is a commitment to continue building to the agreed specification, not a warranty of specific business results. It is subject to the conditions defined in the Refund and Cancellation Policy and the Client Expectations Policy.

13.Changes to These Terms

We reserve the right to update these Terms at any time. Active clients will receive 30 days written notice of material changes to billing, liability, or service terms by email to the address on file in their executed SOW. Continued use of kmfcreativesolutions.com or our services after the effective date of any update constitutes acceptance of the revised Terms. The current version is always available at kmfcreativesolutions.com/terms-of-service.

14.Miscellaneous

• Visitor versus Client Scope. Sections 9, 10, and 11 apply exclusively to parties who have entered into an executed Statement of Work with KMF. Website visitors who have not signed a Statement of Work are bound only by Sections 1 through 8 and 12 through 14.
• Severability. If any provision of these Terms is found unenforceable, the remaining provisions continue in full force and effect.
• Waiver. Failure to enforce any provision does not constitute a waiver of that provision.
• Entire Agreement. These Terms, together with the executed SOW, Refund and Cancellation Policy, Client Expectations Policy, and Privacy Policy, constitute the entire agreement between you and KMF and supersede all prior agreements or understandings.
• Assignment. You may not assign your rights or obligations under these Terms without our written consent. KMF may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force Majeure. KMF is not liable for delays or failures caused by events outside its reasonable control, including platform outages, carrier failures, natural disasters, or government actions.

15.Contact

Effective June 18, 2026. Subject to change with 30 day written notice to active clients.