DRAFT

These documents are starter templates pending review by legal counsel and are NOT yet in force. Last updated 2026-05-30.

LEGAL

Terms of Service

KairosAI Technologies Private Limited · Last updated 2026-05-30 · Effective date: [______]

These Terms of Service (the “Terms”) form a binding agreement between KairosAI Technologies Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at [Registered office: __________, India] (“KairosAI”, “we”, “us”, or “our”), and the business entity that registers for or uses the Service (“Customer”, “you”, or “your”).

1. Acceptance of these Terms

By creating an account, clicking to accept these Terms, or accessing or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organisation, you represent that you have authority to bind that organisation. If you do not agree, you may not use the Service.

2. Description of the Service

KairosAI provides a multimodal, AI-powered customer-service agent platform that handles conversations across voice (including PSTN telephony), WhatsApp, email, and web chat on behalf of businesses (the “Service”). The Service includes the hosted dashboard, agent configuration tools, integrations, APIs, and related documentation. We may add, modify, or discontinue features from time to time.

3. Accounts & eligibility

You must be a business or organisation (or an authorised representative of one) capable of forming a binding contract under Indian law. You are responsible for the accuracy of your registration details, for safeguarding your account credentials, and for all activity that occurs under your account. Notify us promptly at [support@__________] of any unauthorised use.

4. Acceptable use

You agree not to, and not to permit any user or end-user to:

  • use the Service to send unlawful, fraudulent, defamatory, harassing, or misleading communications, or for unsolicited bulk messaging in violation of applicable telecom/anti-spam regulations (including TRAI regulations and the rules of the relevant messaging providers);
  • impersonate any person or misrepresent that an interaction is human when it is conducted by an AI agent;
  • infringe intellectual-property or privacy rights, or upload malware or any harmful code;
  • reverse engineer, resell, or attempt to circumvent usage limits, rate limits, or security controls of the Service; or
  • use the Service in breach of any applicable law or third-party provider policy.

5. Customer responsibilities

You are solely responsible for the content, scripts, prompts, and instructions you configure, and for the lawfulness of the conversations your agents conduct. In particular, you must:

  • obtain and maintain all consents and notices required from your end-users before they interact with an AI agent, including clear disclosure that they are speaking with an automated system and, where calls or chats are recorded, valid consent to such recording and transcription of the interaction;
  • ensure you have a lawful basis to process the personal data you submit to, or generate through, the Service, and that you act as the data fiduciary for such data (see our Data Processing Addendum);
  • maintain the accuracy of phone numbers, sender IDs, and contact lists, and honour opt-outs and do-not-disturb preferences; and
  • comply with these Terms and all applicable laws in your use of the Service.

6. Fees, prepaid wallet & GST invoicing

The Service is billed on a prepaid wallet model denominated in Indian Rupees (INR). You add funds to your wallet in advance, and usage (such as voice minutes, messages, and other metered events) is debited against your balance at the rates published in your account or order form. We may suspend agent activity when your balance is exhausted.

  • GST. Fees are exclusive of taxes. Goods and Services Tax (GST) at the applicable rate (currently 18%) will be added, and we will issue monthly GST-compliant tax invoices to the GSTIN and billing details on your account.
  • No refund of consumed credits. Wallet top-ups are non-refundable except where required by law. Credits that have already been consumed by usage are non-refundable and non-reversible. Any refund of an unused balance, if offered, is at our discretion and net of applicable taxes and third-party pass-through costs.
  • Disputes. Notify us in writing of any billing dispute within [30] days of the relevant invoice; otherwise the invoice is deemed accepted.

7. Intellectual property

As between the parties, we own all rights in the Service, including its software, models, and underlying technology, and you own your Customer content and configurations. We grant you a non-exclusive, non-transferable, revocable right to use the Service during the term for your internal business purposes. You grant us a limited licence to host and process your content solely to provide, secure, and support the Service. We may use aggregated, de-identified data that does not identify you or any individual to improve the Service.

8. Third-party providers

The Service relies on third-party providers, including telephony/PSTN carriers, large language model (LLM) providers, messaging/WhatsApp Business Solution Providers, cloud hosting, and payment processors. Your use of the Service may be subject to those providers’ terms, and their availability, latency, and changes are outside our control. We are not liable for acts or omissions of third-party providers, though we will use commercially reasonable efforts to maintain suitable providers.

9. Disclaimers & warranties

The Service uses generative AI, which can produce inaccurate, incomplete, or unexpected outputs. You are responsible for reviewing outputs before relying on them for any consequential decision. Except as expressly stated, the Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement, to the maximum extent permitted by law.

10. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, goodwill, or data. Our total aggregate liability arising out of or relating to these Terms will not exceed the total fees you paid to us for the Service in the [three (3)] months immediately preceding the event giving rise to the claim. Nothing limits liability that cannot be limited under applicable law.

11. Indemnity

You will defend, indemnify, and hold harmless KairosAI and its officers, employees, and agents from and against third-party claims, damages, and reasonable costs arising out of: (a) your content or configurations; (b) your breach of these Terms or applicable law; or (c) your failure to obtain required end-user consents or notices.

12. Suspension & termination

We may suspend or limit the Service if your wallet balance is exhausted, if we reasonably suspect a violation of these Terms or a security or legal risk, or as required by a third-party provider or law. Either party may terminate for material breach not cured within [30] days of notice. On termination, your right to use the Service ceases; provisions that by their nature should survive (fees accrued, IP, disclaimers, liability limits, indemnity, governing law) survive. Treatment of personal data on termination is governed by the Data Processing Addendum.

13. Governing law & dispute resolution

These Terms are governed by the laws of India, without regard to conflict-of-laws principles. Subject to any agreed arbitration, the courts at [the location of the Company’s registered office: __________], India will have exclusive jurisdiction. The parties may agree to refer disputes to arbitration under the Arbitration and Conciliation Act, 1996, seated at [______], India, with proceedings in English.

14. Changes to these Terms

We may update these Terms from time to time. Material changes will be notified through the dashboard or by email, and will take effect on the date stated in the notice. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

15. Contact

Questions about these Terms can be sent to [legal@__________] or to KairosAI Technologies Private Limited, [Registered office: __________, India].