These Terms of Use (“Terms”) govern the access to and use of the Dialogs, our conversational analytics app (the “App”) and associated services, provided by Kyvos Insights, Inc., with its registered office at 720 University Avenue, Suite 130, Los Gatos, CA 95032 (“Company”, “we”, “our”, or “us”).
By assessing or using the App, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an entity or organization, you represent that you have the authority to bind such entity to these Terms. If you do not agree to these Terms, you must not access or use the App.
1. Scope of Services
The App is designed to facilitate secure, chat-based interaction and actionable analytics across individual users as well as enterprises, including integrations with third-party platforms and tools.
We may enhance or modify the App from time to time at our discretion. Material changes will be communicated to the user as appropriate.
2. Eligibility and Access
Access to the App is permitted only to:
- Individuals who are at least 18 years of age and authorized to use the App on their own or on behalf of a subscribing organization.
- Legal entities who have entered into a service agreement or subscription plan with the Company.
You are responsible for maintaining the confidentiality of your account credentials and for all activity conducted under your account. You must promptly notify us of any unauthorized access or use.
3. User Obligations
You agree to:
- Use the App solely in accordance with these Terms, applicable laws, and any acceptable use policies issued by the Company.
- Ensure that your use does not disrupt the integrity, security, or performance of the App.
- Not engage in, or authorize others to engage in, any reverse engineering, decompiling, or circumventing of security or authentication measures.
You further agree not to use the services to:
- Transmit any unlawful, harmful, or infringing content.
- Introduce viruses, malware, or other malicious code.
- Harvest or otherwise collect information without authorization.
4. Data Ownership and Privacy
We respect the confidentiality and ownership of the enterprise data.
- All data submitted by you or your organization remains your exclusive property (“User Data”).
- You grant us a limited license to use, host, copy, transmit, and display User Data solely as necessary to provide and improve the App.
- We process User Data in accordance with our Privacy Policy and any applicable Data Processing Agreement.
The Company implements industry-standard security measures to protect User Data but cannot guarantee absolute security.
5. Third-Party Services and Integrations
The App may interoperate with third-party applications and platforms. We are not responsible for:
- The availability of or performance of such third-party applications.
- Any data processing or handling conducted by such third-party.
- Compliance of such services and applicable laws or your internal policies.
Use of third-party tools is at your sole discretion and subject to the respective providers’ terms and privacy practices.
6. Fees and Payment Terms
Unless otherwise agreed in writing:
- Access to certain features or tiers of the App may be subject to subscription.
- Fees are payable in advance and are non-refundable except as explicitly stated.
- All prices are exclusive of taxes, levies, or duties imposed by taxing authorities.
Failure to make timely payment may result in suspension or termination of services.
7. Intellectual Property
All intellectual property rights in and to the App, including source code, interfaces, content, and documentation, are owned by the Company.
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, revocable right to access and use the App during the term of your subscription.
No rights are granted except as expressly provided stated herein.
8. Confidentiality
Each party agrees to keep confidential any proprietary or non-public information disclosed by the other party in connection with the App and to use such information only for the purpose of fulfilling its obligations under these terms.
9. Service Availability and Support
While we aim to ensure continued availability of the App, we do not warrant uninterrupted or error-free operation.
- Scheduled maintenance and updates may result in temporary service interruptions.
- We may provide technical support during business hours, or as specified in a sperate service level agreement (SLA), if applicable.
10. Term and Termination
These terms shall remain in effect for the duration of your use or subscription unless earlier terminated:
- By either party, with written notice in accordance with any agreed termination provisions.
- Immediately, by the Company, in the event of a material breach by you.
Upon termination, your access to the App will cease and, unless otherwise specified, we will delete or anonymize customer data after a defined retention period.
11. Disclaimers
The App services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that the App will meet your specific requirement, operate without interruption, or be error free.
12. Limitation of Liability
To the maximum extent permitted under applicable law, the Company shall not be liable for:
- Any indirect, incidental, consequential, special, or punitive damages.
- Loss of profits, revenue, data, or business opportunities.
- Any damages exceeding the fees paid by you in six (6) months preceding the event giving rise to the claim.
13. Governing Law and Jurisdiction
These terms shall be governed by and construed in accordance with the laws of California, without regard to conflict of law principles.
Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of California.
14. Modifications to Terms
We reserve the right to update or modify these Terms at any time. Material changes will be notified via email. Continued use of the App after such changes constitutes your acceptance of the revised Terms.
15. Contact Information
For any questions regarding these Terms or the App, please contact:
Kyvos Insights, Inc.
720 University Avenue, Suite 130, Los Gatos, CA 95032
Email: legal@kyvos.io
Effective Data: August 11, 2025