Terms & Conditions

1. Acceptance of Terms & Definitions

By engaging Kernel Flow for any service, accepting a quote, making a payment, or commencing work with us, you agree to be bound by these Terms and Conditions. These Terms form a legal agreement between Kernel Flow (trading as a sole trader in Victoria, Australia) and any business entity that engages our services.

Services: Operational audits, workflow automation, tool optimization, AI agent integration, and related business operations consultancy. Blueprint: The strategic recommendations document delivered after the audit phase. Project: One-time engagement. Retainer: Ongoing monthly service.

2. Services Offered

Kernel Flow provides a four-layer business operations and AI automation service:

• Layer 1: Operational Audit - analysis of business processes and inefficiencies
• Layer 2: Workflow Automation - design and implementation of automated processes
• Layer 3: Tool Optimization - integration and customization of business tools
• Layer 4: AI Agent Integration - voice AI, chatbots, lead recovery, lead nurturing, and CRM integration

After the Blueprint is approved, you may customize which services and integrations you require. Final scope will be agreed in writing before implementation begins.

3. Eligibility

Kernel Flow services are available exclusively to registered business entities in Australia with a valid Australian Business Number (ABN) or equivalent business registration. By engaging our services, you confirm you are legally authorized to enter into this agreement.

4. Free Consultation

Kernel Flow offers complimentary consultation to discuss your business needs at no cost. This consultation is informal with no legal obligations arising from participation. Different terms apply to free consultations.

Depending on the complexity and size of your business, in-person audit consultations may be available. These initial consultations are also provided free of charge.

5. Service Delivery & Timeline

Services are delivered remotely via video calls, email, and automation work on your systems. All work is conducted in accordance with agreed timelines outlined in the Blueprint. Kernel Flow will provide regular updates on progress.

The Blueprint is delivered after the operational audit phase. You have the opportunity to review and approve it before any implementation costs occur. No payment is required during the Blueprint phase.

6. Performance Guarantees

Kernel Flow commits to delivering results as specifically defined in writing for your engagement. After Blueprint approval and before implementation begins, we will establish clear, measurable Key Performance Indicators (KPIs) for your project. These KPIs will be documented and signed off by both parties. Your guarantee is limited to these agreed metrics.

Kernel Flow will implement recommendations as outlined. Achievement of results depends on your cooperation, timely feedback, and implementation of our recommendations.

7. Payment Terms

Payment Structure:

• 40% due upon Blueprint approval (before implementation begins)
• 60% due upon delivery and acceptance of deliverables

All payments are made via Stripe. Invoices are issued upon each payment trigger. If Blueprint is rejected and no implementation occurs, no payment is owed.

Retainers: Monthly retainer fees are charged at the beginning of each month. Retainers are non-refundable once the month begins.

8. Revisions & Change Requests

Included Revisions: Your project includes 4 rounds of revisions and feedback loops. After approval of the Blueprint, you may request changes to the implementation within these 4 rounds.

Additional Revisions: Requests for changes beyond the included 4 rounds require additional investment. These will be quoted separately and implemented only upon written approval of the cost and scope.

Scope Changes: If you request changes beyond the agreed Blueprint scope (e.g., adding additional automation layers or integrations), these constitute Change Orders and will be quoted separately before proceeding.

9. Maintenance & Support

Free Support: Following project delivery, Kernel Flow provides free maintenance and support until you engage a monthly retainer. This includes bug fixes, minor adjustments, and technical troubleshooting.

Retainer Support: Once you begin paying for a monthly retainer, all ongoing maintenance, support, and system optimization are included in your retainer fee.

Third-Party Services: Costs associated with third-party service integrations (voice AI providers, CRM systems, lead management platforms, etc.) are billed separately and are your direct responsibility. Kernel Flow is not liable for these third-party costs or service disruptions from external providers.

10. Client Responsibilities

To ensure successful delivery, you agree to:

• Provide timely access to systems, tools, and accounts needed for implementation
• Respond to requests for information or feedback within 5 business days
• Provide credentials and access within 48 hours when needed
• Test deliverables and provide feedback within 7 days of completion
• Notify Kernel Flow of any issues within 48 hours of discovery
• Maintain your own backups of critical business data
• Implement recommendations as advised by Kernel Flow
• Ensure all account information provided is accurate and current

11. Intellectual Property

Ownership: You own all automations, workflows, and systems built specifically for your business. Kernel Flow retains ownership of underlying frameworks, methodologies, and reusable components that may be applied to other clients.

You may not reproduce, distribute, or sell Kernel Flow's methodologies or frameworks without prior written consent. All deliverables are for your internal business use only.

12. Data Protection & Retention

Data Security: Kernel Flow implements industry-standard security practices to protect your data. However, no system is 100% secure.

Data Retention: Kernel Flow retains client data for 30 days after the project or retainer ends, then permanently deletes it. You are responsible for maintaining your own data backups.

Data Loss: Responsibility for data loss is shared. You are responsible for maintaining backups, testing automations before live deployment, and providing proper access. Kernel Flow is responsible for using reasonable security practices and testing before deployment.

13. Confidentiality & Case Studies

Kernel Flow will keep your business information confidential. However, we reserve the right to use anonymized case studies and results in our marketing materials, unless you request otherwise in writing.

If you do not want your work referenced, please notify us at the time of engagement and we will exclude your project from case study use.

14. Retainer Cancellation

Termination: Either party may cancel a retainer agreement with 30 days written notice. Cancellation takes effect on the last day of the month in which notice is provided.

Example: If you provide notice on March 15, your last month of service is April 30. You remain responsible for the April retainer fee.

15. Limitation of Liability

Liability Cap: Kernel Flow's maximum liability is limited to the total amount of upfront project costs you have paid to Kernel Flow. This includes the 40% Blueprint approval payment and the 60% delivery payment only. Kernel Flow is not liable for retainer fees or costs associated with third-party service integrations.

Third-Party Services: Any fees paid directly to third-party service providers (such as voice AI platforms, CRM systems, or other external service providers) are your direct responsibility. Kernel Flow is not liable for service disruptions, outages, or failures of third-party providers, even if recommended or implemented by Kernel Flow.

Exclusions: Kernel Flow shall not be liable for indirect, incidental, consequential, special, or punitive damages, including lost revenue or business interruption, even if we have been notified of the possibility.

Court Proceedings: If either party initiates legal proceedings, all previously paid amounts may be subject to recovery and return depending on court judgment.

16. Dispute Resolution

Process: In the event of a dispute, both parties will first attempt to resolve the matter through good faith negotiation.

If negotiation is unsuccessful, either party may pursue legal remedies through the courts of Victoria, Australia. These Terms shall be governed by the laws of Victoria and the Competition and Consumer Act 2010 (Cth).

17. Modifications to Terms

Kernel Flow reserves the right to modify these Terms at any time. Changes will be effective upon posting to the website. Continued use of our services indicates acceptance of updated Terms.

18. Contact Information

For questions about these Terms, please contact Kernel Flow through our website. All legal notices must be provided in writing.