These Terms of Service ("Terms") are a contract between Xreos LLC ("Xreos", "we", "us") and the company that signs up for Kai ("Customer", "you").
- Xreos LLC
- Legalinc Corporate Services, Inc., 651 N Broad St, Suite 201, Middletown, Delaware 19709, United States
- Contact: legal@kaisupport.com
If you use Kai, you accept these Terms. If you accept on behalf of a company, you state that you have the authority to bind that company.
1. Definitions
Service means the Kai platform, the control plane, the compiler, the agent runtime, the channel adapters, the inbox, and the APIs.
Customer Data means everything you or your end users put into the Service. This includes conversation exports, live messages, attachments, and the Brain that Kai compiles from them.
Brain means the compiled answer bank, tone policy, playbooks, and escalation rules that Kai builds from Customer Data.
Output means the text, drafts, notes, and classifications that Kai generates.
End User means a person who talks to you on a channel that Kai serves.
Authorized User means a person you allow into your workspace.
2. The Service
Kai compiles your past conversations into a Brain, and then runs that Brain on the channels you connect. Kai has two modes:
- Copilot. Kai writes a draft or an internal note. A human sends it.
- Autopilot. Kai sends a reply directly to an End User, inside the limits you set.
You choose the mode for each channel and for each message source. Autopilot sends a reply only when the answer entries and the playbook behind that reply are approved or edited by a reviewer in your workspace. You can switch a channel back to copilot at any time.
We can change the Service. If a change removes a material feature, we tell account owners at least 30 days before it takes effect.
3. Accounts
You must give correct account details and keep them current. You are responsible for what your Authorized Users do. Keep credentials secret. Tell us at once if you learn of unauthorized access.
One workspace is one tenant. Do not try to reach another tenant's data.
4. Your data and your responsibilities
You keep all rights in Customer Data. You grant us a limited license to host, process, transmit, and display Customer Data, only to give you the Service and to support you.
You are responsible for the following:
- You have the right to upload the conversations you upload.
- You have a lawful basis to process the personal data inside them, and you have given your End Users the notices that the law requires.
- Your use of Kai obeys the rules of every channel you connect. This includes the Meta WhatsApp Business Messaging Policy and the Intercom terms.
- You obey consumer law, marketing law, and any rule that requires you to tell a person that they are talking to an automated system.
- You review the Brain before you turn on autopilot.
Do not upload payment card numbers, health records, or other special category data unless we agree in writing first.
5. AI output. Read this section.
Kai generates text with language models. Language models make mistakes. Output can be wrong, incomplete, out of date, or wrong in tone, even when the Brain is correct.
You are responsible for every message that leaves your channel, including a message that Kai sends on autopilot. Kai is a tool that acts under your control and inside limits you set.
We apply guardrails. A number or a price in a reply must appear in a grounded source, or Kai downgrades the reply to a draft. Escalation rules hand a conversation to a human. These guardrails reduce error. They do not remove it.
Output is not legal, medical, tax, or financial advice. Do not use Kai to make a decision that has a legal effect on a person, or a decision of similar significance, without a human review.
Output is not unique. Kai can generate the same or similar text for another customer. As between you and us, you own the Output for your own workspace, and you accept the responsibility in this section for it.
6. Acceptable use
Do not use the Service to do any of the following:
- Break the law, or help another person break the law.
- Send spam, or send bulk messages that the recipient did not ask for.
- Deceive a person about who or what they are talking to, when the law requires disclosure.
- Upload malware, or attack the Service or its infrastructure.
- Reverse engineer the Service, or copy it to build a competing product.
- Get around a rate limit, a quota, or a technical limit.
- Resell the Service, unless we agree in writing.
If you break this section, we can suspend your access. Where we can, we warn you first. When the risk is immediate, we suspend first and tell you after.
7. Fees
Fees, the billing period, and the plan limits are in your order form or on our pricing page. Fees are in United States dollars and do not include tax. You pay any tax that applies, except tax on our income.
Invoices are due 14 days after the invoice date, unless the order form says otherwise. A late invoice can carry interest of 1.5% per month, or the highest rate the law allows, whichever is lower. We can suspend the Service after a written notice of an overdue invoice.
Fees are not refundable, except where these Terms or the law say otherwise.
We can change prices for a renewal term. We tell you at least 30 days before the renewal date.
8. Beta and trial
Some features are marked beta, preview, or trial. These are given as they are, with no warranty and no service level. We can change or withdraw them at any time. Do not use a beta feature for a critical workflow.
9. Intellectual property
We own the Service, the software, the models we build, the documentation, and all improvements. These Terms give you a limited, non-exclusive, non- transferable right to use the Service during the term.
You own Customer Data and your Brain.
If you send us feedback, we can use it without payment and without obligation.
We can compile aggregate, statistical data about how the Service performs. We can use that data to run and improve the Service. Aggregate data never identifies you, your End Users, or the content of your conversations.
10. Confidentiality
Each party will protect the other party's confidential information with at least reasonable care, and will use it only to perform these Terms. This duty does not apply to information that is public, that the receiver already had, or that the receiver develops on its own. A party can disclose confidential information when the law requires it, after it gives notice where notice is lawful.
11. Privacy and data protection
Our Privacy Policy explains how we handle personal data. For Customer Data, you are the controller and we are the processor. Where the GDPR, the UK GDPR, or KVKK applies, our Data Processing Addendum applies and forms part of these Terms. Write to legal@kaisupport.com for a copy.
12. Term, suspension, and termination
These Terms run until the subscription ends. A subscription renews for the same period unless a party gives notice at least 30 days before the renewal date.
Either party can terminate for a material breach that the other party does not correct inside 30 days of a written notice.
We can suspend the Service at once for a security risk, for non-payment after notice, or for a breach of Section 6.
When the contract ends, your access stops. You can export Customer Data for 30 days after the end date. After that we delete Customer Data as our Privacy Policy describes. Sections 9, 10, 13, 14, 15, and 17 survive termination.
13. Warranties and disclaimer
We warrant that we will give the Service with reasonable skill and care.
Except for that warranty, the Service and the Output are given "as is". We disclaim all other warranties, express or implied. This includes the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.
We do not warrant that the Service will be uninterrupted or error free, that Output will be correct, or that Kai will resolve any given conversation.
14. Limitation of liability
Neither party is liable for indirect, incidental, special, consequential, or punitive damages. Neither party is liable for lost profits, lost revenue, lost data, or lost goodwill. This applies even if the party knew such damage was possible.
The total liability of each party under these Terms is limited to the fees you paid or owed in the 12 months before the event that caused the claim.
These limits do not apply to your payment obligations, to a breach of Section 6, to a party's indemnity obligations, or to liability that the law does not allow a party to limit.
15. Indemnity
You will defend and indemnify us against any third-party claim that comes from Customer Data, from your use of the Service in breach of these Terms, or from a message that you or Kai sent on your channel.
We will defend and indemnify you against a third-party claim that the Service infringes an intellectual property right, if you tell us promptly and let us control the defense. This does not cover a claim that comes from Customer Data, from Output, or from your use of the Service with a product we did not supply.
16. Third-party services
Kai connects to services that we do not control. Examples are WhatsApp, Intercom, and your identity provider. Your use of those services is under their own terms. We are not liable for what they do, and we are not liable when they change or stop a feature that Kai depends on.
17. Governing law and disputes
These Terms are under the law of the State of Delaware, United States, without its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
The state and federal courts in Delaware have exclusive jurisdiction. Each party consents to that jurisdiction. Either party can ask any court for an injunction to protect its intellectual property or its confidential information.
18. General
Changes. We can update these Terms. If a change is material, we tell account owners at least 30 days before it takes effect. If you do not accept the change, you can terminate before it takes effect.
Assignment. You cannot assign these Terms without our written consent. We can assign them to a successor in a merger or a sale of assets.
Notices. We send notices to the email address of your account owner. You send notices to legal@kaisupport.com.
Force majeure. Neither party is liable for a delay caused by an event outside its reasonable control.
Severability. If a court finds a clause invalid, the rest of these Terms stay in force.
No waiver. A failure to enforce a right is not a waiver of that right.
Entire agreement. These Terms, the order form, and the Data Processing Addendum are the whole agreement between the parties on this subject. The order form wins in a conflict.
No agency. These Terms do not create a partnership, an agency, or an employment relationship.
19. Contact
- Legal questions: legal@kaisupport.com
- Postal address: Xreos LLC, Legalinc Corporate Services, Inc., 651 N Broad St, Suite 201, Middletown, Delaware 19709, United States