Terms of Service

Effective Date: January 17, 2026

These Terms of Service (“Terms”), together with our Privacy Policy and Acceptable Use Policy, constitute a binding agreement between KivoAI, Inc. (“KivoAI,” “we,” “us,” or “our”) and you or the entity you represent (“Customer,” “you,” or “your”) concerning the Services defined below.

By using the Services or creating an account, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.

Important: The Services are sold as an automatically renewing subscription requiring recurring payments. You will be billed monthly or annually until you cancel your subscription.

1. Definitions

  • Services means the KivoAI platform, including our website at getkivoai.com, mobile application, AI-powered CRM features, and all related tools and functionality.
  • Customer Data means all data you provide or that we collect through your use of the Services, including contact information, email communications, and relationship data.
  • Contact Data means information about your clients and prospects managed within the Services.
  • Authorized User means any individual authorized by you to access and use the Services under your account.

2. Account Registration and Eligibility

To use the Services, you must register and create an account. You agree to:

  • Provide accurate, current, and complete account information
  • Maintain the security of your account credentials
  • Be responsible for all activities that occur under your account
  • Immediately notify us if you believe your account has been compromised

You must be at least 18 years old and capable of forming a binding contract. If you access the Services on behalf of an entity, you represent that you have authority to bind that entity to these Terms.

3. License and Restrictions

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes.

You agree not to:

  • License, sell, rent, lease, or otherwise commercially exploit the Services
  • Modify, reverse engineer, or create derivative works of the Services
  • Access the Services to build a competing product or service
  • Copy, reproduce, or distribute any part of the Services
  • Use the Services in violation of these Terms or applicable law
  • Interfere with or disrupt the Services or servers
  • Attempt to gain unauthorized access to any part of the Services

4. Email Integration and Permissions

Our Services require access to your email inbox to analyze communications and suggest follow-up actions. By connecting your email account, you grant us permission to:

  • Read and analyze your email messages and metadata
  • Extract contact information and communication patterns
  • Send emails on your behalf (with your explicit approval)
  • Store and process your email data for the purposes of providing the Services

You may revoke these permissions at any time by disconnecting your email account in your settings or revoking access through your email provider.

5. Your Responsibilities

You are solely responsible for:

  • All Customer Data you provide to the Services
  • Ensuring you have all necessary rights and permissions to share Customer Data with us
  • Obtaining appropriate consent from your contacts as required by law
  • Reviewing and approving all AI-generated content before sending to your contacts
  • Complying with all applicable laws, including privacy and anti-spam laws
  • Backing up your data
  • All activities of Authorized Users under your account

You represent and warrant that Customer Data does not violate any third-party intellectual property rights, privacy rights, or applicable laws.

6. AI-Generated Content

Our Services use artificial intelligence to analyze communications and generate suggested follow-up messages. You acknowledge that:

  • AI-generated content may not always be accurate or appropriate
  • You are responsible for reviewing and approving all AI-generated content before use
  • You must comply with all applicable laws regarding use of AI-generated content
  • We do not guarantee the accuracy, quality, or effectiveness of AI-generated suggestions

7. Payments and Billing

Payment for the Services will be in accordance with the pricing plan you select. All fees are in U.S. dollars and are non-refundable except as required by law.

Subscription and Auto-Renewal

Your subscription will automatically renew at the end of each billing period (monthly or annual) unless you cancel before the renewal date. You authorize us to charge your payment method on file for recurring subscription fees and any applicable taxes.

Payment Method

You must provide a valid payment method and keep your payment information current. If your payment fails, we may suspend or terminate your access to the Services.

Price Changes

We may change our pricing at any time. Price changes will apply at the start of your next billing cycle. Continued use of the Services after a price change constitutes acceptance of the new pricing.

Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. No refunds will be provided for the current billing period.

8. Data Ownership and License

You retain ownership of your Customer Data. By using the Services, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and store Customer Data to:

  • Provide and improve the Services
  • Develop and train our AI models
  • Create aggregated, de-identified data for analytics and research
  • Enforce these Terms and comply with legal obligations

We may use de-identified or aggregated data that does not identify you or your contacts for any lawful purpose.

9. Data Retention and Deletion

After account termination, we may retain Customer Data as required by law or for legitimate business purposes. You may request a copy of your data within 30 days of termination by contacting info@getkivoai.com. After this period, we may delete your data and have no obligation to retain it.

10. Prohibited Data

You agree not to upload or use the Services with:

  • Government-issued identifiers (Social Security numbers, driver's license numbers)
  • Personal health information subject to HIPAA
  • Financial information subject to GLBA
  • Information about children under 18
  • Any illegal, harmful, or prohibited content as defined in our Acceptable Use Policy

11. Third-Party Integrations

Our Services integrate with third-party email providers (Gmail, Outlook, Zoho Mail). Your use of these integrations is subject to the third party's terms and privacy policies. We are not responsible for the actions, content, or policies of third-party services.

12. Intellectual Property

The Services, including all software, designs, text, graphics, and trademarks, are owned by KivoAI and protected by intellectual property laws. You acquire no ownership rights by using the Services. The KivoAI name and logo are our trademarks and may not be used without our prior written permission.

13. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE ARE NOT RESPONSIBLE FOR LOSS OF DATA OR DAMAGE TO YOUR SYSTEMS RESULTING FROM USE OF THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP YOUR DATA.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIVOAI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

15. Indemnification

You agree to indemnify and hold harmless KivoAI from any claims, damages, or expenses arising from: (a) your use of the Services, (b) your violation of these Terms, (c) your Customer Data, (d) your violation of any law or third-party rights, or (e) any activities under your account.

16. Term and Termination

These Terms remain in effect while you use the Services. We may suspend or terminate your access at any time for:

  • Violation of these Terms
  • Non-payment of fees
  • Illegal or harmful activity
  • Any other reason at our discretion

Upon termination, your right to use the Services ceases immediately, and we may delete your data. Sections 5-8, 12-19 survive termination.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts located in Delaware.

18. Changes to Terms

We may update these Terms at any time. We will notify you of material changes by posting the updated Terms on our website or by email. Your continued use after changes are posted constitutes acceptance of the updated Terms.

19. General Provisions

These Terms constitute the entire agreement between you and KivoAI. Our failure to enforce any provision does not waive our right to do so later. If any provision is found invalid, the remaining provisions remain in effect. You may not assign these Terms without our consent. We may assign these Terms at any time.

20. Contact Us

For questions about these Terms, please contact us at:

Email: info@getkivoai.com