Terms of Service

Last Revised: July 22, 2026 (v2026-07-22)

1. Acknowledgment and Acceptance of Terms

First Light Holdings LLC, a North Carolina limited liability company (referred to as “First Light Holdings”, “KBD”, “Us”, “We”, or “our”) provides the KBD Systems platform at kbdsystems.com and various related services (collectively, the “Platform”, “Site”, or “Services”) to you (referred to as the “User”, “Client”, or “Customer”), subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service”, “Agreement”, or “Terms”), as well as any other written agreement between us and you. When using particular services or materials on the Platform, you may be subject to any posted rules applicable to such services, which are hereby incorporated by reference into these Terms.

BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND, PLEASE STOP USING THE PLATFORM NOW. YOUR REMEDY FOR DISSATISFACTION WITH THE PLATFORM, OR ANY PRODUCTS, SERVICES, CONTENT, OR INFORMATION AVAILABLE THROUGH IT, IS TO STOP USING THE PLATFORM. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE.

These Terms are effective as of the “Last Revised” date stated above. We expressly reserve the right to change these Terms from time to time. It is your responsibility to review these Terms periodically. Your continued use of the Platform after modifications will constitute acknowledgment of and agreement to the modified Terms.

As used in these Terms, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, and partners, and include (without limitation) all parties involved in creating, producing, and/or delivering the Platform and its contents.

2. Description of Services

KBD Systems is an all-in-one marketing-automation platform for experts, coaches, creators, agencies, and small businesses. The Platform helps the Customer generate and run marketing, including content, landing pages and funnels, email campaigns and automations, a CRM, offers and checkout, and course or membership delivery — much of it drafted by artificial intelligence from the Customer’s own brand inputs. The Platform is white-label and multi-tenant, meaning agencies may resell it to their own clients as described in Section 20.

KBD does not collect telephone numbers and does not send SMS or text messages; marketing conducted through the Platform is email-based. This design is favorable under the Telephone Consumer Protection Act (TCPA), because KBD itself does not place calls or send text messages.

You are responsible for providing, at your own expense, all equipment and Internet access necessary to use the Services. First Light Holdings grants you a non-exclusive, non-transferable, non-sublicensable license to access and use the Services in compliance with all applicable laws, regulations, and these Terms. We reserve the right to modify or discontinue the Platform, including any of its features, at any time, with or without notice. Any new features that augment or enhance the current Services shall also be subject to these Terms.

3. Registration Data

To access the Services, you may be required to (a) create an account by completing our registration process, which will request certain information (“Registration Data”), and (b) maintain and update your Registration Data as necessary. By registering, you confirm that all Registration Data is accurate and complete, and you agree to keep it up to date. Authentication may use passkey (WebAuthn) credentials; we do not store plaintext passwords.

All data you provide to us is subject to our Privacy Policy, which is incorporated by reference into these Terms. You understand that through your use of the Services, you consent to the collection and use of this information as outlined in the Privacy Policy. Your account contact information may be stored in our internal systems for support and account communications. Account-related and transactional emails are exempt from marketing opt-out.

4. Data Processing Agreement

Your use of the Services and our processing of any Personal Data you provide (including the contact, lead, and subscriber data you load into the Platform) is subject to our Data Processing Agreement (“DPA”), which is incorporated by reference and forms an integral part of this Agreement. The DPA outlines our respective roles and responsibilities concerning data processing and compliance with applicable data protection laws. In general, KBD acts as a Data Processor for the contact data you collect from your audience and as a Data Controller for your own account data.

5. Acceptable Use

Your use of the Platform is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications and the data you load into and send through the Services.

Consent and lawful basis for your contacts. You are solely responsible for having a valid lawful basis and, where required, consent for every contact you load into the Platform and every recipient you email through it. You represent that you have the right to email those recipients. You may not upload, import, or email purchased, rented, scraped, or harvested email lists.

CAN-SPAM compliance. You agree to comply with the CAN-SPAM Act of 2003 and all applicable anti-spam laws when sending email through the Platform. This includes using accurate and non-deceptive sender names, subject lines, and header information, identifying messages as advertisements where required, including a valid physical postal address, and honoring unsubscribe requests promptly. KBD provides an unsubscribe mechanism in messages sent through the Platform; you may not remove, disable, or circumvent it, and you must promptly honor opt-outs. You agree not to send spam or unsolicited bulk email.

TCPA. You agree to comply with the Telephone Consumer Protection Act (TCPA) and other applicable telecommunications laws. KBD itself does not collect telephone numbers or send SMS or text messages through the Platform.

Prohibited content and conduct. You may not use the Services to transmit content or engage in activity that is illegal, deceptive, fraudulent, harassing, defamatory, or infringing of any third party’s intellectual property or other rights. You may not use your account to breach the security of another account or to gain unauthorized access to another network or server, interfere with others’ use of the Services, or introduce malware. Users who violate systems or network security may incur criminal or civil liability.

Not a consumer reporting agency. KBD is not a consumer reporting agency as defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (“FCRA”). Platform data is not a consumer report and must not be used for FCRA-regulated eligibility decisions, including determining eligibility for credit, insurance, employment, or housing.

We may, at our sole discretion, suspend or terminate your account, with or without notice, for violating any of the above provisions or any other term of this Agreement. We will cooperate with law enforcement authorities in investigating suspected criminal violations. If we terminate your account for cause, you will not be entitled to a refund for any paid but unused portion of the Services. If we terminate your account without cause, a pro-rated refund of any pre-paid, unused portion may be provided at our discretion or as required by law.

6. Third-Party Sites and Information

The Services may rely on or contain links to third-party services, websites, or resources (collectively, “Third-Party Content”) that are not owned or controlled by First Light Holdings. You acknowledge that First Light Holdings does not control, and is not responsible for, the availability, accuracy, legality, reliability, or appropriateness of any Third-Party Content, and disclaims all liability arising from your access to or use of it. Your interactions with third parties, including payment processors such as Authorize.Net and Stripe, are solely between you and such third party.

7. Intellectual Property and AI-Generated Outputs

What KBD owns. The Platform, including its software (source and object code), application programming interfaces, website design, templates, workflows, documentation, and the KBD name, logos, and marks (collectively, “First Light Holdings Marks”), together with all intellectual property rights therein, is the exclusive property of First Light Holdings and/or its affiliates and licensors, and is protected by applicable intellectual property laws. Your use of the Services grants you only the limited license expressly stated in these Terms and no other rights. This Agreement does not grant you any rights to use the First Light Holdings Marks without prior written consent.

What you own. As between you and KBD, you retain ownership of your brand content and inputs, your contact and subscriber data, and the marketing outputs the Platform generates for you (such as copy, landing pages, emails, and other assets), subject to your payment for the Services. KBD grants you a license to use the Platform and claims no ownership of your brand content, your contact data, or those outputs, except for the limited right to host, process, and display them as necessary to provide the Services.

AI-assisted outputs. Marketing outputs generated by the Platform are produced with the assistance of artificial intelligence based on the inputs you provide. Such outputs are provided without any guarantee of specific results, accuracy, performance, or fitness for a particular purpose. You are responsible for reviewing all AI-assisted outputs before use and for ensuring they are accurate, lawful, and non-infringing. First Light Holdings makes no representation that your use of the outputs or the Services will not infringe the rights of third parties.

8. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, INCLUDING ANY AI-ASSISTED MARKETING OUTPUTS, WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS OR BE FREE FROM ERRORS OR DEFECTS.

THE PLATFORM COULD INCLUDE TECHNICAL OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS, SERVICES, PRICES, AND PLAN DESCRIPTIONS AT ANY TIME WITHOUT NOTICE. USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU UNDERSTAND AND AGREE THAT TEMPORARY INTERRUPTIONS OF THE SERVICES MAY OCCUR, AND THAT WE HAVE NO CONTROL OVER THIRD-PARTY NETWORKS OR THE INTERNET ITSELF. WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR SETTINGS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability

IN NO EVENT SHALL FIRST LIGHT HOLDINGS LLC OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR ANY SITE REFERENCED OR LINKED FROM IT.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THE FOREGOING LIMITATION IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, FIRST LIGHT HOLDINGS’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO FIRST LIGHT HOLDINGS FOR THE SERVICES DIRECTLY GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM, AND YOU AGREE THAT THE FOREGOING SHALL CONSTITUTE YOUR SOLE AND EXCLUSIVE REMEDY.

10. Non-Disparagement

Both parties agree not to disparage the other party, or the other party’s officers, directors, employees, shareholders, and agents, in any manner likely to be harmful to them or their business or personal reputation; provided that both you and First Light Holdings shall respond accurately and fully to any question, inquiry, or request for information when required by legal process.

11. Indemnification

You agree to defend, indemnify, and hold First Light Holdings LLC, its officers, directors, employees, agents, licensors, suppliers, and affiliates harmless from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from your use or misuse of the Platform or Services, the contacts or content you load or send, your marketing communications, or your violation of these Terms or applicable law (including CAN-SPAM and data-protection laws). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

12. Security and Account Access

You are solely responsible for maintaining the confidentiality of your account credentials and for all actions taken under your account. You must take appropriate precautions to safeguard your account, and you are responsible for the security of the email account used for registration and recovery. Our personnel will never ask you for your credentials. You are prohibited from transferring or sharing your account with any third party, and we reserve the right to terminate an account that is shared in violation of this provision. First Light Holdings implements reasonable administrative, physical, and technical safeguards designed to protect the Services and the data we hold, as further described in our Privacy Policy and DPA.

13. Promotions

From time to time, the Platform may make promotional offers available. Your participation in any promotion is subject to any additional terms stated for that promotion. KBD does not display third-party advertising on the Platform, and the Services are subscription software, not ad-supported.

14. Termination of Use

We may, at our sole discretion, suspend or terminate your access to all or part of the Platform, with or without notice, and for any reason, including any breach of this Agreement. Any suspected fraudulent, abusive, or illegal activity may result in termination and may be reported to law enforcement. Upon termination or suspension, your right to use the Services will immediately cease, and we may deactivate or delete your account and associated data subject to our Privacy Policy, DPA, and data-retention practices. If we terminate your account for reasons other than your breach, you may receive a pro-rated refund of any unused pre-paid amount, at our sole discretion unless otherwise required by law. You may terminate this Agreement at any time by ceasing use of the Services and providing written notice to support@kbdsystems.com.

15. API and Data Usage

To the extent First Light Holdings makes any application programming interfaces (“APIs”) available, your use is granted on the condition that you do not: (a) reverse engineer or attempt to extract the source code from any API or related software, except to the extent this restriction is prohibited by law; (b) interfere with, abuse, or disrupt the APIs or the servers or networks providing them; (c) sublicense an API for use by a third party or create a competing service that functions substantially the same as the Platform without written approval; (d) use the APIs to replicate or compete with the core Services without written approval; (e) exceed API call limits or circumvent rate-limiting measures; or (f) use the APIs or Services in any manner that violates applicable laws, including those concerning data privacy, anti-spam, and consumer protection. You are responsible for ensuring your use of any data obtained through the API complies with all such laws.

16. Free and Trial Account Limitations

First Light Holdings may offer free trials or introductory access subject to certain limitations stated on the Platform. You are prohibited from creating multiple accounts, using VPNs or proxies, or employing automated means to circumvent these limitations for the purpose of obtaining duplicate or excessive free access. Any attempt to abuse such offerings may result in suspension or termination of the related accounts.

17. Plans, Billing, and Refunds

KBD is offered on a subscription basis. To access the Services, you subscribe to a plan or tier (“Paid Services”) at the pricing displayed on the Platform, which may include founding-member or promotional pricing for eligible early customers. By subscribing, you authorize us and our payment processors, Authorize.Net (a Visa solution) and, alternatively, Stripe, Inc., to charge the applicable recurring subscription fee to your payment method. KBD does not store full payment card numbers; card data is handled by the processor.

Subscriptions automatically renew for successive billing periods at the then-current rate unless cancelled before the renewal date. You are responsible for keeping your payment method current. If a payment fails or your account becomes past due, we may suspend or downgrade your access to the Services until payment is resolved. Except where required by applicable law or expressly stated in a specific refund policy, subscription fees are non-refundable, and cancelling a subscription stops future renewals but does not entitle you to a refund for the current billing period. Any founding or promotional pricing applies only while your subscription remains continuously active, unless otherwise stated.

18. Affiliate Program and Referrals

First Light Holdings may occasionally offer an affiliate or referral program. The terms of any such program will be made available separately and will govern participation in that program.

19. Client Data

In connection with the Services, you load brand inputs, marketing content, and contact data (email address, name, tags, and email engagement events) into the Platform (“Client Data”). First Light Holdings processes Client Data solely to provide and support the Services, as further described in the DPA and Privacy Policy, and acts as your Data Processor with respect to the contact data you collect from your audience. You are the Controller of that contact data and are responsible for ensuring you have the right and lawful basis to load and email it. We may use anonymized and aggregated data derived from use of the Services to improve and secure the Platform, provided such use does not identify you or any individual contact. All Client Data is protected by reasonable security measures and handled in compliance with our Privacy Policy and DPA.

20. Reseller and White-Label Governance

The Platform is white-label and multi-tenant. An agency or partner (“Reseller”) may resell or provide access to the Services to its own end clients. If you are a Reseller, you are solely responsible for your end clients, including their onboarding, support, billing, and conduct, and you are the Data Controller of your end clients’ data as between you and them. You must pass through to your end clients terms that are at least as protective as these Terms and the DPA, including the acceptable-use and anti-spam obligations in Section 5, and you must ensure your end clients comply with them. First Light Holdings bears no responsibility or liability for the financial arrangements between a Reseller and its end clients, which are governed solely by the separate agreement between them. If you access the Services through a Reseller, these Terms govern your use of the Services, while all payment-related terms are governed by your agreement with that Reseller.

21. Governing Law

The Platform is controlled by First Light Holdings LLC. By accessing the Platform, both parties agree that the laws of the State of North Carolina, United States of America, without regard to its conflict-of-laws principles and the United Nations Convention on the International Sale of Goods, shall govern all matters related to the use of the Platform and the purchase of Services. Both parties consent to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the State of North Carolina for any disputes arising under this Agreement.

22. Entire Agreement

These Terms represent the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, discussions, and understandings, whether written or oral. Any attempt to modify, supplement, or amend this Agreement, or to place an order subject to additional or altered terms, shall be null and void unless specifically agreed to in writing by both parties. In the event of any conflict between this Agreement and any other materials associated with the Platform, the terms of this Agreement shall prevail.

23. Class Action Waiver

Both First Light Holdings and Client mutually waive the right to a trial by jury. Any dispute between the parties must be brought solely in an individual capacity and not as part of any class action or representative proceeding. You acknowledge that this Agreement prohibits you from initiating legal or arbitration proceedings on behalf of others or joining proceedings filed by other parties.

24. Severability

Should any provision of this Agreement be held void, invalid, or inoperative, such decision shall not affect any other provision, and the remainder of this Agreement shall remain effective as though such provision had not been contained herein.

25. Survival

Sections of this Agreement that by their nature should survive termination will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, governing law, and intellectual property sections.

26. Failure to Enforce

The failure of First Light Holdings to enforce any provision of these Terms shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

27. Anti-Bribery

Each party warrants that it shall not, directly or indirectly, pay any commission, remuneration, or kickback secretively to the other party or any third party’s employees or officers, nor provide any improper gifts or hospitality, except for inexpensive advertising gifts given according to commercial practice. Any breach of this Section shall be regarded as a material breach, and the non-breaching party has the right to terminate this Agreement by written notice and to take further legal measures. The breaching party shall be responsible for all losses incurred by the non-breaching party as a result.

28. Acceptance of Terms

By using the Platform or Services, or by clicking to accept or agree to these Terms when that option is made available to you, you accept and agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference.

29. Miscellaneous

(a) Prevailing Party Fees. In any legal action to enforce these Terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, court costs, and other expenses.

(b) Limitation on Claims. Any claim arising out of or relating to this Agreement, the Services, or your relationship with First Light Holdings must be brought within one (1) year after the cause of action arises, after which it shall be deemed irrevocably waived.

(c) Assignment. You may not assign or transfer this Agreement without the prior written consent of First Light Holdings, and any purported assignment in violation of the foregoing shall be null and void. First Light Holdings may assign this Agreement freely, including in connection with a merger, acquisition, or corporate reorganization.

(d) Force Majeure. First Light Holdings shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, pandemics, labor disputes, war, governmental action, civil unrest, acts of terrorism, power or internet outages, or failures of third-party service providers.

(e) Contact. All notices under this Agreement shall be in writing and shall be deemed duly given when delivered by email to First Light Holdings LLC at support@kbdsystems.com, or to you at the email address associated with your account. Our mailing address is 4030 Wake Forest Rd, Ste 349, Raleigh, NC 27609, USA.