Terms of Service

Effective Date: 20 August 2026 · Version: V3

These Terms of Service (“Terms”) govern access to and use of the Macky platform, available at macky.ai and any related applications (collectively, the “Platform” or “Services”), operated by Kinetic Consultancy Services LLC OPC, a company registered in Dubai, United Arab Emirates, with its registered address at Level 14, Boulevard Plaza Tower 1, Sheikh Mohammed Bin Rashid Boulevard, Dubai, UAE (“Kinetic,” “Macky,” “we,” “us,” or “our”).

1. Introduction and Acceptance

By creating an account, accessing, or using the Services, you (“User,” “Customer,” or “you”) agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case “you” refers to that entity. If you do not agree to these Terms, do not access or use the Services.

2. Definitions

• “Workspace” means an organization-level account through which one or more Users access the Services, including Free, Workspace, and Workspace Plus plans.
• “Engagement” means a fixed-price consulting project purchased through the Platform (for example, a Pricing Review, AI-Adoption Roadmap, Go-to-Market Plan, CX Audit & Roadmap, Process Re-engineering Sprint, Business Strategy, or Marketing Plan), delivered according to a defined scope and timeline.
• “Deliverable” means any document, report, model, plan, or other output produced through the Services, whether generated by AI, reviewed by a Consultant, or both.
• “Consultant” means an individual — whether an employee, contractor, or independently engaged professional — who reviews, comments on, requests changes to, or signs off on a Deliverable through the Platform’s Review Console.
• “Output” means any content generated by the Platform’s AI systems in response to a User’s chat prompts, uploaded files, or Engagement intake information, including through the “Ask Macky” chat feature.
• “User Content” means any information, files, prompts, or data a User submits to the Platform, including uploaded documents used for analysis.

3. Accounts and Eligibility

3.1 You must provide accurate, current, and complete information when creating an account and keep that information up to date.

3.2 You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized use.

3.3 A Workspace may have multiple Users with different roles (for example, owner or member). The Workspace owner is responsible for managing membership and is jointly responsible with each member for that member’s use of the Services within the Workspace.

3.4 The Services are intended for business use. You must be legally capable of entering into a binding contract to create an account.

4. Description of Services

Macky provides the following, subject to your Workspace plan:

4.1 Ask Macky (AI Business Chat). An AI-powered chat assistant for business questions, capable of producing long-form written outputs (including comprehensive reports) and, where the length or format of the response warrants it, automatically generating downloadable Word or Excel documents. Ask Macky can analyze files you upload (such as financial statements, decks, or reports) as part of a conversation, and can produce Outputs in a language you select.

4.2 Fixed-Price Consulting Engagements. A catalogue of defined-scope consulting Engagements, each with an upfront fixed price and a stated delivery timeline. Engagement Deliverables are drafted using AI and then reviewed by a Consultant before being released to you.

4.3 Consultant Review and Sign-Off. Engagement Deliverables pass through a Review Console where a Consultant examines the AI-drafted output, may request revisions, and signs off before delivery. Section 7 explains what this review does and does not mean.

4.4 Rework. If a delivered Engagement Deliverable does not meet the scope agreed at purchase, you may request rework at no additional charge, subject to our then-current rework policy (including any applicable time window and number of revision rounds).

4.5 Business Health Check. A diagnostic questionnaire that produces a summary assessment of your business across a defined set of dimensions, along with a history of past Health Checks for tracking over time.

4.6 Document Library. A repository within your Workspace that stores Deliverables and other Outputs you have generated, for later retrieval.

4.7 Engagement Pass. An optional prepaid credit that can be applied toward the purchase of one or more Engagements, subject to its own expiry and terms disclosed at the time of purchase.

4.8 Macky Assurance. An optional add-on providing additional support in connection with implementing an Engagement’s recommendations, as described on the Platform at the time of purchase.

4.9 We may add, modify, or discontinue features of the Services at any time, including the composition of the Engagement catalogue, provided that we will not materially degrade an Engagement you have already purchased and not yet received.

5. Subscription Plans and Billing

5.1 Workspace plans (including Free, Workspace, and Workspace Plus) are described on the Platform, along with their pricing and included features, which may change from time to time.

5.2 Paid plans may be billed monthly or annually, at your election. Payments are processed by our third-party payment processor (currently Stripe); we do not store your full payment card details.

5.3 Paid subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. You may cancel at any time through the Settings & Billing section of your Workspace; cancellation takes effect at the end of the current billing period, and there are no long-term lock-in contracts.

5.4 Except where required by law, fees already paid are non-refundable, including for partial billing periods.

5.5 We may change subscription pricing on notice; changes take effect from your next renewal.

6. Engagement Purchases

6.1 Each Engagement is purchased at a fixed price disclosed before checkout, which is charged in full (net of any Engagement Pass credit applied) at the time of purchase.

6.2 You are responsible for providing complete and accurate intake information for an Engagement. Delivery timelines run from the point complete intake information is received and may be extended if intake is incomplete, delayed, or requires clarification.

6.3 Engagement purchases are non-refundable once work has commenced, except as expressly provided under our rework policy or as required by applicable law.

7. AI-Generated Content, Consultant Review, and Professional Advice Disclaimer

Please read this section carefully — it describes important limits on what the Services provide.

7.1 Outputs and Deliverables are generated in whole or in part using artificial intelligence, including large language models provided by third parties (currently Anthropic). AI-generated content can be incomplete, out of date, or factually incorrect, and may contain errors or fabricated information (“hallucinations”) that are not obvious on their face.

7.2 Where a Consultant reviews and signs off on a Deliverable, that review is a professional quality and reasonableness check performed within the scope, time, and information available for that Engagement. Consultant sign-off is not, and must not be relied upon as, a warranty, certification, audit, or guarantee that the Deliverable is accurate, complete, free of error, or fit for your specific purpose, nor a guarantee of any particular business, financial, or operational outcome.

7.3 Nothing in the Services constitutes legal, tax, accounting, financial, investment, or other regulated professional advice, and no Consultant-Customer professional relationship (such as an attorney-client, accountant-client, or fiduciary relationship) is created by your use of the Services. You should seek advice from an appropriately qualified, independently licensed professional before making any decision, taking any action, or refraining from taking any action, based on any Output or Deliverable.

7.4 You are solely responsible for evaluating the suitability, accuracy, and completeness of any Output or Deliverable before relying on it, and for any decisions you make or actions you take based on it.

8. Customer Responsibilities

8.1 You will provide accurate, complete, and lawfully obtained information and files to the Platform, and will not upload content you do not have the right to share.

8.2 You will use the Services only for lawful business purposes and will not use the Services to generate content that is unlawful, infringing, fraudulent, or intended to mislead a third party.

8.3 You are responsible for independently verifying any Output or Deliverable before external or regulatory use, publication, filing, or reliance in a decision with legal, financial, or safety consequences.

9. Intellectual Property

9.1 Subject to full payment, you own the Deliverables specifically prepared for you as part of a purchased Engagement, excluding any pre-existing Kinetic materials, methodologies, templates, or the underlying Platform itself, in which Kinetic retains all rights.

9.2 We grant you a limited, non-exclusive, non-transferable license to use Outputs generated through Ask Macky for your internal business purposes.

9.3 You retain ownership of the User Content you submit. You grant us a license to use User Content solely to provide, maintain, and improve the Services, including generating Outputs and Deliverables for you.

9.4 The Platform, including its software, design, methodology, engagement templates, and trademarks, is owned by Kinetic (or its licensors) and is protected by intellectual property laws. No rights are granted to you in the Platform itself beyond the right to use it under these Terms.

10. Confidentiality

Each party will use the other’s confidential information only as necessary to perform under these Terms and will protect it with the same degree of care it uses for its own confidential information of similar nature, and no less than reasonable care. This does not restrict either party’s ability to comply with legal obligations.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, OUTPUTS, AND DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY OUTPUT OR DELIVERABLE, OR ANY RESULT OBTAINED FROM USING THE SERVICES.

12. Limitation of Liability

12.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KINETIC, ITS OFFICERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICES, ANY OUTPUT, OR ANY DELIVERABLE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KINETIC’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, ANY OUTPUT, OR ANY DELIVERABLE WILL NOT EXCEED THE TOTAL FEES YOU PAID TO KINETIC IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR, IF THE CLAIM RELATES SPECIFICALLY TO A SINGLE ENGAGEMENT, THE FEES PAID FOR THAT ENGAGEMENT.

12.3 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by proven negligence, or for fraud or fraudulent misrepresentation.

13. No Liability for Consultants and Deliverable Outcomes

13.1 Consultants review Deliverables as part of the Platform’s quality process, within the scope of the specific Engagement, and do not thereby become personally liable to you, nor does Kinetic assume liability for a Consultant’s individual acts, beyond what is expressly stated in these Terms.

13.2 Except in cases of proven gross negligence, willful misconduct, or fraud on the part of Kinetic or a Consultant, neither Kinetic nor any Consultant will be liable for: (a) the accuracy, completeness, or outcome of any Output or Deliverable; (b) any business, financial, operational, legal, or other decision made or action taken (or not taken) by you or any third party in reliance on an Output or Deliverable; or (c) any results, or lack of results, achieved from implementing a Deliverable’s recommendations.

13.3 This section applies in addition to, and does not replace, the general limitation of liability in Section 12.

14. Indemnification

You agree to indemnify and hold harmless Kinetic, its officers, employees, Consultants, and affiliates from and against any third-party claims, damages, liabilities, and reasonable expenses (including legal fees) arising out of: (a) your use of the Services in violation of these Terms or applicable law; (b) User Content you submit; or (c) any decision or action taken based on an Output or Deliverable, except to the extent such claims arise from Kinetic’s or a Consultant’s proven gross negligence, willful misconduct, or fraud.

15. Data Protection and Privacy

Our collection and use of personal data in connection with the Services is described in our separate Privacy Policy, which forms part of these Terms by reference. Where User Content or prompts are processed by a third-party AI model provider to generate Outputs, that processing is subject to the terms and safeguards agreed with that provider, as described in the Privacy Policy.

16. Third-Party Services

The Services rely on third-party providers, including payment processing (currently Stripe), AI model providers (currently Anthropic), and cloud hosting providers. We are not responsible for outages, errors, or failures of third-party services outside our reasonable control, though we will use reasonable efforts to restore the Services promptly.

17. Term, Suspension, and Termination

17.1 These Terms apply for as long as you maintain an account or use the Services.

17.2 You may close your account at any time. Closing your account does not entitle you to a refund of fees already paid, except as required by law.

17.3 We may suspend or terminate your access to the Services, with notice where practicable, if you breach these Terms, misuse the Services, fail to pay applicable fees, or if required by law.

17.4 Sections 7, 9, 10, 11, 12, 13, 14, and 20 survive termination of these Terms.

18. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or an in-Platform notice) before the changes take effect. Continued use of the Services after the effective date of updated Terms constitutes acceptance of those Terms.

19. Force Majeure

Neither party will be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including natural disasters, war, civil unrest, internet or telecommunications failures, or failures of third-party service providers.

20. Governing Law and Dispute Resolution

These Terms are governed by the laws of the United Arab Emirates, as applicable in the Emirate of Dubai. Any dispute arising out of or relating to these Terms will be subject to the exclusive jurisdiction of the courts of Dubai, UAE, save that Kinetic may seek injunctive or equivalent relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

21. General

21.1 Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

21.2 No Waiver. Failure to enforce any provision of these Terms is not a waiver of the right to enforce it later.

21.3 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

21.4 Entire Agreement. These Terms, together with the Privacy Policy and any Engagement-specific terms disclosed at purchase, constitute the entire agreement between you and Kinetic regarding the Services and supersede any prior agreements on the subject.

22. Contact

Kinetic Consultancy Services LLC OPC
Level 14, Boulevard Plaza Tower 1
Sheikh Mohammed Bin Rashid Boulevard
Dubai, United Arab Emirates
[email protected]