Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Kairos products, services, and websites (the "Service") provided by ImagAIne Corp, a Delaware corporation operating as Kairos ("Kairos," "we," "us," or "our").

By using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you and that organization.

1. The Service

Kairos provides real-time sales intelligence software that joins live sales calls, processes audio in real time, and delivers contextual guidance to sales representatives. The Service includes our website, applications, APIs, and supporting tools.

2. Accounts

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate and complete information when creating your account
• Keep your account credentials secure and confidential
• Notify us promptly of any unauthorized access to or use of your account
• Be responsible for all activity that occurs under your account

3. Subscription terms

3.1 Pricing and billing

The Service is offered on subscription tiers as described at kairoswins.com/pricing. Subscription fees are charged per seat per month or annually, depending on your selected billing cycle. Prices are subject to change with at least 30 days' notice for existing subscribers.

3.2 Payment

Paid subscriptions require payment in advance via the payment method you provide. You authorize us to charge your payment method for the subscription fees on a recurring basis until you cancel.

3.3 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support@kairoswins.com. Cancellations take effect at the end of your current billing cycle.

3.4 Refunds

Subscription fees are non-refundable except as required by law. Annual prepay discounts are non-refundable on cancellation; service continues through the end of the prepaid period.

4. Acceptable use

Your use of the Service is subject to our Acceptable Use Policy. Violation of the Acceptable Use Policy may result in suspension or termination of your access to the Service.

5. Customer data

You retain all rights to data you submit through the Service ("Customer Data"). You grant us a limited license to process Customer Data solely to provide the Service. We do not use Customer Data to train AI models.

You are responsible for the legality of the Customer Data you submit, including obtaining all necessary consents from third parties (e.g., participants on sales calls Kairos joins). See our Acceptable Use Policy for specifics on recording consent compliance.

6. Intellectual property

The Service and all underlying technology, including software, designs, content, and trademarks, are owned by Kairos or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms. You may not copy, modify, distribute, sell, or reverse engineer any part of the Service except as expressly permitted.

7. Service availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be unavailable due to maintenance, technical issues, or factors beyond our control.

Enterprise tier subscribers may have a separate Service Level Agreement specifying uptime targets. For all other tiers, the Service is provided on a commercially reasonable effort basis.

8. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy.

We do not warrant that the Service will be error-free, secure, uninterrupted, or that the AI-generated guidance produced by the Service will be accurate or appropriate for every situation. The Service is a tool to inform your sales decisions; we do not guarantee any business outcomes.

9. Limitation of liability

To the maximum extent permitted by law, Kairos shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities, arising out of or relating to your use of the Service, even if we have been advised of the possibility of such damages.

Our total cumulative liability for all claims relating to the Service shall not exceed the greater of (a) the fees you paid to us in the twelve months preceding the claim, or (b) one hundred dollars ($100).

10. Indemnification

You agree to defend, indemnify, and hold harmless Kairos and its officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your Customer Data, or your violation of these Terms or applicable law.

11. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service will cease, but provisions of these Terms that by their nature should survive will continue to apply (including disclaimers, limitations of liability, and indemnification).

12. Governing law and dispute resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts.

13. Changes to these Terms

We may modify these Terms from time to time. Material changes will be communicated via email or through the Service. Continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

14. Contact

For questions about these Terms, contact us at legal@kairoswins.com.