Effective Date: April 16, 2026
Last Updated: April 16, 2026
IMPORTANT — PLEASE READ CAREFULLY. These Terms of Service ("Terms") govern your access to and use of the services provided by Kortex 360 ("Kortex," "we," "us," or "our"). By signing a service agreement, submitting payment, engaging with our services, or accessing our website at kortex360.com (the "Site"), you ("Client," "you," or "your") agree to be bound by these Terms.
These Terms contain a binding arbitration clause and a class action waiver in Section 14. These Terms also require that you contact us directly before initiating any chargeback or payment dispute. Please read Sections 11 and 14 carefully.
Kortex 360 provides business automation, technology, marketing, and related professional services to its clients. Services currently offered include, without limitation:
The specific Services to be provided, along with pricing, deliverables, timelines, and any service-specific terms, will be set forth in a written service agreement, statement of work, proposal, or order form (each, a "Service Agreement") executed by both parties. Each Service Agreement is incorporated into and forms part of these Terms.
Scope.
Services are limited to what is expressly described in the applicable Service Agreement. Any work outside that scope constitutes a change order and may require additional fees and a revised timeline.
The Services are intended solely for use by businesses and business owners. By engaging Kortex, you represent and warrant that (a) you are at least eighteen (18) years of age; (b) you have the legal authority to bind the business on whose behalf you are engaging our Services; (c) you are engaging our Services for business, not personal, family, or household purposes; and (d) your use of the Services will comply with all applicable laws and regulations.
3.1 Fees
Fees for the Services are set forth in the applicable Service Agreement. Fees may include one-time setup fees, project-based fees, recurring monthly fees, usage-based fees, or a combination of the foregoing. All fees are stated in U.S. dollars and are non-refundable except as expressly set forth in these Terms or the applicable Service Agreement.
3.2 Payment Authorization
By executing a Service Agreement and providing payment information, you authorize Kortex 360 (directly or through our payment processor, including Stripe, Inc.) to charge the payment method on file for all fees owed under the Service Agreement, including recurring fees, on the dates specified. You represent that all payment information provided is accurate, current, and that you are authorized to use the payment method provided.
3.3 Recurring Billing
If your Service Agreement includes recurring fees (such as monthly hosting, retainer, or subscription fees), those fees will be automatically billed to your payment method on the billing cycle stated in the Service Agreement until the Service Agreement is terminated in accordance with these Terms. You may cancel a recurring service by providing written notice at least thirty (30) days prior to the next billing date, unless a longer notice period is specified in the Service Agreement.
3.4 Late Payment
Fees not paid when due will accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law, from the due date until paid in full. We may suspend or terminate Services for any account more than ten (10) days past due. You are responsible for all reasonable collection costs, including attorneys' fees, incurred by Kortex in collecting unpaid amounts.
3.5 Taxes
All fees are exclusive of applicable taxes. You are responsible for all sales, use, value-added, and similar taxes arising from the Services, other than taxes based on our net income.
4.1 Deposits Are Non-Refundable
Any deposit, retainer, or initial payment made in connection with a Service Agreement is fully non-refundable and is earned by Kortex 360 upon receipt. Deposits compensate Kortex for reserving capacity, allocating resources, beginning discovery and planning work, and declining other engagements in reliance on the Service Agreement.
4.2 No Refunds After Work Commences
Once work on any Service has commenced, all fees paid are fully non-refundable. "Work has commenced" means that Kortex has taken any of the following actions: (a) scheduled or held a kickoff or discovery call; (b) assigned personnel or resources to your project; (c) begun design, development, copywriting, research, configuration, or setup work; (d) purchased, licensed, or provisioned any third-party tools, domains, hosting, software, or services on your behalf; or (e) delivered any preliminary work product, wireframes, drafts, access credentials, or documentation.
4.3 Reason for Policy
This no-refund policy reflects the nature of professional services. Kortex incurs substantial costs at the outset of every engagement, including personnel time, third-party tool and infrastructure costs, opportunity costs from declining other work, and irreversible setup tasks that cannot be recovered if a Client elects to terminate. This policy is disclosed to Clients in advance, is reasonable in light of industry practice for professional services, and has been expressly agreed to as a material term of the Service Agreement.
4.4 Acknowledgment of Satisfaction
By executing a Service Agreement (including by electronic signature via DocuSign, BoldSign, or any comparable platform) and submitting payment, you acknowledge and agree that (a) you have reviewed the scope of Services, the deliverables, the timeline, and the pricing; (b) you have had an adequate opportunity to ask questions and receive answers regarding the Services; (c) you are satisfied with the scope and terms of the Services as described in the Service Agreement; and (d) Kortex has relied on your execution and payment in allocating resources and commencing work.
4.5 Dissatisfaction with Delivered Work
If you are dissatisfied with any delivered work product, your sole remedy is to request that Kortex revise the work product in accordance with the scope set forth in the applicable Service Agreement. Kortex will make commercially reasonable efforts to address feedback that falls within the agreed scope. Revisions outside the agreed scope may require a change order and additional fees. Dissatisfaction does not entitle you to a refund of fees paid.
You agree to: (a) provide accurate, complete, and timely information, materials, approvals, and access required for Kortex to perform the Services, including access to third-party accounts, platforms, domains, and credentials; (b) designate a primary point of contact authorized to make binding decisions; (c) respond to requests for feedback, approvals, and information within five (5) business days, unless otherwise agreed; (d) comply with all applicable laws in connection with your use of the Services and your business; and (e) obtain and maintain all consents and authorizations required for Kortex to contact your leads, customers, or other third parties on your behalf, including consents required under the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, state consumer protection laws, and any applicable international laws.
Client Delays.
If you delay the project by failing to provide required information, materials, access, or approvals within the timeframes requested, timelines set forth in the Service Agreement will be extended accordingly. Kortex is not responsible for delays or failures arising from Client inaction or delay.
6.1 Client Materials
You retain all right, title, and interest in and to any materials, content, trademarks, logos, text, images, data, or other intellectual property that you provide to Kortex ("Client Materials"). You grant Kortex a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display the Client Materials as necessary to provide the Services.
6.2 Deliverables
Subject to your payment in full of all fees due under the applicable Service Agreement, Kortex assigns to you the final, delivered work product specifically created for you under the Service Agreement ("Deliverables"). Until full payment is received, all Deliverables remain the property of Kortex.
6.3 Kortex Technology
Notwithstanding Section 6.2, Kortex retains all right, title, and interest in and to (a) its proprietary tools, software, code, scripts, prompts, agents, workflows, templates, methodologies, frameworks, and processes; (b) any general-purpose components, libraries, or infrastructure used in providing the Services; and (c) any improvements, modifications, or derivative works of any of the foregoing (collectively, "Kortex Technology"). Kortex grants you a non-exclusive, non-transferable license to use the Kortex Technology solely as incorporated into the Deliverables and solely for your internal business purposes, during the term of the applicable Service Agreement.
6.4 Portfolio and Case Study Rights
Kortex may reference your business name, logo, and a general description of the Services provided in its portfolio, case studies, marketing materials, and on its website, unless you provide written notice to the contrary. No confidential information will be disclosed without your consent.
The Services may require or include the use of third-party tools, platforms, software, or services (including, without limitation, Stripe, DocuSign, BoldSign, hosting providers, domain registrars, CRM platforms, telephony providers, AI voice platforms, messaging platforms, analytics tools, and email providers) ("Third-Party Services"). Third-Party Services are provided by their respective vendors and governed by those vendors' terms of service and privacy policies. Kortex is not responsible for the availability, performance, security, or acts or omissions of any Third-Party Service. You are responsible for reviewing and complying with all applicable Third-Party Service terms.
8.1 Limited Warranty
Kortex warrants that the Services will be performed in a professional and workmanlike manner in accordance with generally accepted industry standards. Your sole remedy for a breach of this warranty is re-performance of the non-conforming Services, provided that you notify Kortex in writing of the non-conformance within thirty (30) days of the performance giving rise to the claim.
8.2 No Guarantee of Results
KORTEX DOES NOT GUARANTEE ANY SPECIFIC BUSINESS OUTCOMES, REVENUE, LEAD VOLUME, CONVERSION RATES, APPOINTMENT BOOKINGS, SEARCH ENGINE RANKINGS, AD PERFORMANCE, OR OTHER PERFORMANCE METRICS. Any projections, estimates, testimonials, or examples provided are for illustrative purposes only and are not a representation, warranty, or guarantee of results. Results depend on many factors outside of Kortex's control, including your business, market conditions, competition, and execution on your end.
8.3 Disclaimer
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8.1, THE SERVICES AND ALL DELIVERABLES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. KORTEX SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KORTEX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KORTEX, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
KORTEX'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO KORTEX UNDER THE APPLICABLE SERVICE AGREEMENT IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The limitations in this Section 9 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this Section 9 may not apply to you.
You agree to indemnify, defend, and hold harmless Kortex and its owners, directors, officers, employees, contractors, and affiliates from and against any and all claims, demands, actions, losses, damages, liabilities, settlements, judgments, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms or the applicable Service Agreement; (b) your violation of any law or the rights of any third party (including TCPA, CAN-SPAM, or privacy law violations); (c) Client Materials or content you provide; (d) your business operations, products, or services; or (e) any communications sent to your leads or customers using the Services.
Chargebacks as Breach.
You agree that initiating a chargeback, payment reversal, or payment processor dispute without first providing written notice and allowing the Cure Period to elapse constitutes a material breach of these Terms. In the event of such a breach, Kortex reserves the right to (a) immediately suspend or terminate all Services; (b) pursue recovery of all amounts owed, including the disputed amount, any chargeback fees, collection costs, and reasonable attorneys' fees; (c) report the account to collections or credit bureaus; and (d) submit these Terms, the executed Service Agreement, evidence of Services performed, and records of your acknowledgments and approvals as evidence in the chargeback dispute.
Evidence of Agreement.
You acknowledge that your execution of a Service Agreement (by electronic signature or otherwise), your payment of fees, and your engagement with the Services constitute your affirmative agreement to these Terms and your acknowledgment that Services were ordered, authorized, and accepted in accordance with the Service Agreement.
12.1 Termination by Kortex
Kortex may suspend or terminate Services, any Service Agreement, or these Terms immediately upon written notice if: (a) you fail to pay any fee when due and the failure continues for more than ten (10) days; (b) you materially breach these Terms or a Service Agreement and fail to cure within fifteen (15) days of written notice; (c) you initiate a chargeback in violation of Section 11; (d) you engage in fraudulent, unlawful, or abusive conduct; or (e) you become insolvent, file for bankruptcy, or cease doing business.
12.2 Termination by Client
You may terminate a Service Agreement at any time upon written notice to Kortex. Termination does not entitle you to a refund of fees already paid, except as expressly set forth in the applicable Service Agreement. Recurring services require thirty (30) days' prior written notice of cancellation to avoid the next billing cycle.
12.3 Effect of Termination
Upon termination: (a) all fees owed through the effective date of termination are immediately due and payable; (b) Kortex may cease providing Services and disable access to Deliverables, accounts, or Kortex Technology if fees are outstanding; (c) each party will return or destroy the other's Confidential Information upon request; and (d) Sections that by their nature should survive termination (including Sections 4, 6, 8, 9, 10, 11, 13, 14, 15, and 17) will survive.
Each party may have access to the other party's non-public business, technical, or financial information ("Confidential Information"). Each party agrees to (a) use Confidential Information only to perform its obligations under these Terms; (b) protect Confidential Information with at least the same degree of care it uses for its own confidential information, and in no event less than reasonable care; and (c) not disclose Confidential Information to any third party without prior written consent, except to employees, contractors, and advisors who have a need to know and are bound by confidentiality obligations. These obligations survive for three (3) years following termination.
14.1 Arbitration Agreement
Any dispute, claim, or controversy arising out of or relating to these Terms, any Service Agreement, or the Services (a "Dispute"), that is not resolved through the procedure set forth in Section 11, will be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator, in York County, Pennsylvania, or by video conference at the arbitrator's discretion. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
14.2 Class Action Waiver
YOU AND KORTEX AGREE THAT ANY DISPUTE WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR KORTEX WILL PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR CONSOLIDATED ARBITRATION. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES AND MAY NOT AWARD CLASS OR REPRESENTATIVE RELIEF.
14.3 Exceptions
Notwithstanding Section 14.1, either party may (a) bring an individual claim in small-claims court if the claim qualifies; or (b) seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or Confidential Information.
14.4 Governing Law and Venue
These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles. For any matter not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in York County, Pennsylvania.
You agree that electronic signatures (including via DocuSign, BoldSign, or comparable platforms) have the same legal effect as handwritten signatures. You consent to receive all communications, notices, disclosures, agreements, and other records relating to the Services in electronic form, including via email or the Site. You may withdraw this consent at any time by providing written notice, but doing so may prevent Kortex from providing certain Services.
16.1 Entire Agreement
These Terms, together with any applicable Service Agreement and our Privacy Policy, constitute the entire agreement between you and Kortex regarding the Services and supersede all prior or contemporaneous agreements, communications, and understandings. In the event of a conflict between these Terms and a Service Agreement, the Service Agreement will control as to the specific Services described therein.
16.2 Amendments
Kortex may update these Terms from time to time by posting the revised version on the Site and updating the "Last Updated" date. Material changes will be communicated by email or other reasonable means. Your continued use of the Services after the effective date of any revision constitutes your acceptance of the revised Terms.
16.3 Assignment
You may not assign or transfer these Terms or any Service Agreement without Kortex's prior written consent. Kortex may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.
16.4 Force Majeure
Kortex is not liable for any delay or failure in performance arising from causes beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, labor disputes, government action, utility failures, internet or telecommunications failures, cyberattacks, or third-party platform outages.
16.5 Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be replaced with a valid provision that most closely reflects the original intent.
16.6 No Waiver
No waiver of any provision of these Terms will be effective unless in writing and signed by the waiving party. No waiver of any breach will be deemed a waiver of any subsequent breach.
16.7 Relationship of Parties
The parties are independent contractors. These Terms do not create any agency, partnership, joint venture, or employment relationship.
16.8 No Third-Party Beneficiaries
These Terms are for the benefit of you and Kortex only, and confer no rights on any third party.
All notices, disputes, and correspondence under these Terms should be directed to:
Kortex 360
Attn: Legal / Disputes
Email: info@kortex360.com
Website: https://kortex360.com
Mailing address: 361 S Sherman St York PA
BY EXECUTING A SERVICE AGREEMENT, SUBMITTING PAYMENT, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.