Terms of Service

Last updated: April 15, 2026

These Terms of Service ("Terms") are a binding agreement between Kazozo, Inc. ("Kazozo," "we," "us") and the individual or entity ("Customer," "you") accessing or using the Kazozo website and AI agent platform (the "Service"). By creating an account, clicking "I agree," or using the Service, you agree to these Terms. If you are entering into these Terms on behalf of an entity, you represent that you have authority to bind that entity.

These Terms incorporate by reference the Privacy Policy, Data Processing Agreement, and Subprocessors list. Where a separately signed Master Services Agreement exists between Kazozo and Customer, that agreement controls in the event of a conflict.

1. The Service

Kazozo provides AI-powered agents for sales, customer support, and business operations. The Service includes the web application, admin interfaces, agents, APIs, and any documentation Kazozo makes available. Features may be added, changed, or removed from time to time; material reductions in functionality are communicated in advance where practicable.

2. Account and access

You must provide accurate, current information and keep it updated. You're responsible for your account, your authorized users' actions, and all activity under your credentials. You must notify us promptly of any suspected unauthorized access. You must be at least 18 years old and legally able to enter into a contract.

3. Fees and billing

• Plans are billed monthly in advance unless otherwise specified in an order form.
• Each plan includes a set number of AI responses; overages are billed at your plan's per-AI-response rate. An "AI response" is a single reply generated by the AI.
• Fees are exclusive of taxes, which Customer is responsible for except where Kazozo is required to collect them.
• You may upgrade, downgrade, or cancel at any time; changes take effect at the end of the current billing period.
• Fees already paid are non-refundable except where required by law.
• Late or unpaid amounts may accrue interest at the lesser of 1.5% per month or the maximum allowed by law.
• We may change pricing with at least 30 days' notice; changes apply at your next renewal.

4. Acceptable use

You agree not to, and not to permit others to:

• Send unsolicited bulk communications (spam) or messages that violate TCPA, CAN-SPAM, CASL, or similar laws.
• Use the Service for anything illegal, deceptive, infringing, defamatory, or harmful.
• Misrepresent AI-generated communications as human-authored where disclosure is legally required.
• Reverse-engineer, scrape, or attempt to extract model weights or the underlying source code.
• Circumvent rate limits, security controls, or usage metering.
• Input personal data about individuals under 16, or sensitive categories (health, financial account numbers, government IDs) except where the applicable plan and configuration are designed for it.
• Use the Service to build a product that competes with Kazozo.

We may suspend or terminate accounts for violations, with notice where practicable.

5. Customer data and AI processing

As between the parties, Customer owns its data. Customer grants Kazozo a limited, non-exclusive license to host, process, transmit, and display Customer data solely to provide and improve the Service. The DPA governs the processing of personal data.

Kazozo does not use Customer data to train a shared or general-purpose model. Customer acknowledges that AI outputs are probabilistic: they may be inaccurate, incomplete, or inappropriate, and Customer is responsible for reviewing outputs before relying on them for legal, financial, medical, safety-critical, or other high-stakes decisions.

6. Intellectual property

Kazozo retains all right, title, and interest in the Service, including all software, models, user interface, documentation, and any improvements thereto. Customer retains all right, title, and interest in its data and configurations. Feedback Customer provides about the Service may be used by Kazozo without obligation.

Open-source components included in the Service remain subject to their own licenses.

7. Service availability

We target 99.9% monthly uptime for the core Service. Scheduled maintenance is communicated in advance. Service credits for downtime, if any, are described in a separately agreed Service Level Agreement; absent a signed SLA, no downtime credits apply. Kazozo is not liable for unavailability caused by third-party services, the public internet, force majeure, or actions of Customer or its users.

8. Disclaimers

The Service is provided "as is" and "as available." To the maximum extent permitted by law, Kazozo disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade. Kazozo does not warrant that the Service will be uninterrupted, error-free, or secure against all threats, or that AI outputs will be accurate or suitable for any specific purpose.

9. Limitation of liability

To the maximum extent permitted by law, neither party's total aggregate liability arising out of or related to these Terms will exceed the fees paid by Customer to Kazozo in the 12 months preceding the event giving rise to the claim. In no event will either party be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility.

The foregoing limits do not apply to: (a) a party's indemnification obligations; (b) breach of confidentiality; (c) Customer's payment obligations; or (d) liability that cannot be limited under applicable law.

10. Indemnification

By Kazozo. Kazozo will defend Customer against any third-party claim alleging that Customer's authorized use of the Service infringes a U.S. patent, copyright, or trademark, and will pay amounts finally awarded or agreed in settlement. If such a claim is made or likely, Kazozo may (i) procure the right to continue use, (ii) modify the Service to be non-infringing, or (iii) terminate the affected portion and refund unused prepaid fees. This section does not apply to claims arising from Customer data, Customer's combinations of the Service with non-Kazozo products, or Customer's use in violation of these Terms.

By Customer. Customer will defend and indemnify Kazozo against any third-party claim arising out of (i) Customer data, including allegations that it infringes rights or violates law; (ii) Customer's or its users' violation of these Terms or the Acceptable Use provisions; or (iii) Customer's configurations or instructions to Kazozo agents.

Procedure. The indemnified party must promptly notify the indemnifying party, tender sole control of defense (with reasonable cooperation), and not settle without consent. The indemnifying party may not settle in a way that imposes liability or admissions on the indemnified party without written consent.

11. Confidentiality

Each party may disclose "Confidential Information" to the other in connection with the Service. The receiving party will use the same degree of care it uses for its own confidential information (and no less than reasonable care), will not use it except to perform under these Terms, and will not disclose it except to personnel and advisers with a need to know who are bound by confidentiality. Confidential Information does not include information that is publicly known through no fault of the receiving party, independently developed, or already rightfully possessed.

12. Term and termination

These Terms start on the date you accept them and continue until the subscription ends. Either party may terminate for the other's material breach if the breach is not cured within 30 days of written notice. Kazozo may suspend the Service immediately for non-payment, security threats, or breach of the Acceptable Use provisions.

On termination: (a) Customer's rights to use the Service cease; (b) outstanding fees become due; (c) Customer has 30 days to export data; (d) thereafter data is deleted in accordance with the DPA. Sections that by their nature should survive (fees owed, IP, disclaimers, limitations, indemnities, confidentiality, governing law) survive termination.

13. Governing law, dispute resolution, arbitration

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The parties consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware, for any claim not subject to arbitration.

Informal resolution first. Before filing any claim, the parties will attempt in good faith to resolve the dispute for 30 days after written notice.

Binding arbitration. If informal resolution fails, the dispute will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Wilmington, Delaware, before one arbitrator. Judgment on the award may be entered in any court of competent jurisdiction. This clause does not prevent either party from seeking injunctive or other equitable relief in court for infringement or misuse of intellectual property or Confidential Information.

Class waiver. Claims will be brought individually. No class, consolidated, or representative actions. If a court finds this waiver unenforceable, the entire arbitration clause is unenforceable as to that dispute.

14. Notices

Notices to Kazozo must be sent to legal@kazozo.com with a copy to Kazozo, Inc., Attn: Legal. Notices to Customer may be sent to the email address on the Customer's account. Notices are effective on receipt (or, for email, on confirmed delivery).

15. General

These Terms, together with the documents they reference, are the entire agreement between the parties on this subject. No waiver is effective unless in writing. If any provision is unenforceable, the rest remain in effect. Neither party may assign these Terms without the other's consent, except that either party may assign to an affiliate or in connection with a merger or sale of substantially all assets. Nothing in these Terms creates a partnership, agency, or employment relationship. The parties are independent contractors.

16. Changes to these Terms

We may update these Terms from time to time. For material changes, we'll provide at least 30 days' notice by email to account admins or an in-product notice. Continued use of the Service after the effective date constitutes acceptance.

17. Contact

Questions? legal@kazozo.com for contracts, privacy@kazozo.com for privacy, security@kazozo.com for security.