Terms of Service

1. Agreement to Terms

Welcome to Kyvvo. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Kyvvo ("Company," "we," "our," or "us") governing your access to and use of the Kyvvo platform, including our website at kyvvo.com, applications, and related services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

Kyvvo is a feedback management platform that enables businesses and teams to:

• Collect and organize customer feedback from multiple channels
• Analyze feedback using AI-powered insights and categorization
• Collaborate with team members in shared workspaces
• Track feedback trends and generate analytics reports
• Create public feedback portals for customer submissions
• Integrate with third-party tools and services

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Be at least 16 years of age
• Not create accounts for others without their permission
• Not create multiple accounts for deceptive purposes

3.2 Account Security

You are responsible for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Account Termination

You may terminate your account at any time through your account settings or by contacting us. We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

4. Workspaces and Team Access

4.1 Workspace Ownership

When you create a workspace, you become the workspace owner with full administrative rights. Workspace owners are responsible for:

• Managing workspace settings and configurations
• Inviting and removing workspace members
• Assigning roles and permissions to members
• Ensuring compliance with these Terms by all workspace members
• Managing billing and subscription for the workspace

4.2 Member Roles

Workspaces support different member roles (Owner, Admin, Member) with varying levels of access and permissions. The workspace owner determines role assignments and associated permissions.

4.3 Workspace Data

All data within a workspace is accessible to workspace members according to their assigned permissions. If you leave or are removed from a workspace, you will lose access to that workspace's data.

5. Subscription Plans and Billing

5.1 Free and Paid Plans

We offer both free and paid subscription plans. Free plans have limited features and usage quotas. Paid plans provide additional features, higher limits, and priority support.

5.2 Payment Terms

For paid subscriptions:

• Payments are processed securely through Stripe
• Subscriptions automatically renew unless cancelled before the renewal date
• Prices are in USD unless otherwise specified
• You authorize us to charge your payment method for recurring fees
• Failed payments may result in service suspension

5.3 Refunds

Subscription fees are generally non-refundable. However, we may provide refunds at our discretion in certain circumstances. Contact us at hello@kyvvo.com to discuss refund requests.

5.4 Price Changes

We may change subscription prices with at least 30 days' notice. Price changes will apply at your next billing cycle.

6. Acceptable Use Policy

6.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service for its intended purpose of managing and analyzing customer feedback.

6.2 Prohibited Activities

You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Upload or transmit malware, viruses, or other harmful code
• Attempt to gain unauthorized access to the Service or other systems
• Interfere with or disrupt the Service or servers
• Scrape, crawl, or use automated means to access the Service without permission
• Use the Service to send spam or unsolicited communications
• Impersonate any person or entity
• Upload content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
• Infringe on intellectual property rights of others
• Collect or store personal information about others without consent
• Use the Service in any way that could damage our reputation
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell or redistribute the Service without authorization

7. User Content

7.1 Your Content

"User Content" includes all feedback, data, text, images, and other materials you upload, submit, or transmit through the Service. You retain ownership of your User Content, subject to the license granted below.

7.2 License Grant

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, process, and display your User Content solely for the purpose of providing and improving the Service. This license includes the right to:

• Store and backup your content
• Process your content for AI-powered analysis
• Display your content to authorized workspace members
• Use anonymized and aggregated data to improve our Service

7.3 Content Responsibility

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights to your User Content
• Your User Content does not violate any laws or third-party rights
• Your User Content does not contain sensitive personal information without proper consent

7.4 Content Removal

We reserve the right to remove any User Content that violates these Terms or that we find objectionable, without prior notice.

8. AI Features and Third-Party Services

8.1 AI-Powered Analysis

Our Service includes AI-powered features for feedback analysis, categorization, and insights. We use third-party AI service providers (such as OpenAI) to process user inputs and generate responses. By using AI features, you acknowledge and agree that:

• AI-generated outputs are provided for informational purposes only and should not be relied upon as the sole basis for business decisions
• AI outputs may not always be accurate, complete, or appropriate for your specific context
• You are responsible for reviewing and verifying AI-generated insights before acting on them
• Your content will be transmitted to and processed by third-party AI providers to deliver these features
• Third-party AI providers may retain your data temporarily in accordance with their policies (see our Privacy Policy for details)

8.2 Data Processing by AI Providers

When you use AI-powered features:

• Feedback content and queries you submit are sent to our AI service providers for processing
• AI providers may temporarily store this data for service delivery and abuse monitoring
• We have configured our AI provider accounts to opt out of using your data for model training
• Processing occurs on infrastructure located in the United States

For complete details about how AI providers handle your data, please refer to our Privacy Policy.

8.3 Third-Party Integrations

The Service may integrate with third-party services. Your use of such integrations is subject to the terms and privacy policies of those third parties. We are not responsible for the practices of third-party services.

9. Intellectual Property

9.1 Our Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Kyvvo. This includes our:

• Trademarks, logos, and brand elements
• Software, code, and technical infrastructure
• Documentation and training materials
• User interface designs and visual elements

9.2 Feedback to Us

If you provide us with feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without restriction or compensation to you.

10. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to our data practices as described in the Privacy Policy.

11. Disclaimers

11.1 Service "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

11.2 No Guarantee

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Results obtained from the Service will be accurate or reliable
• The Service will meet your specific requirements
• Any defects in the Service will be corrected

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KYVVO, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify, defend, and hold harmless Kyvvo and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content

14. Dispute Resolution

14.1 Informal Resolution

Before filing a formal dispute, you agree to try to resolve any dispute informally by contacting us at hello@kyvvo.com. We will attempt to resolve the dispute within 30 days.

14.2 Arbitration

If informal resolution fails, any dispute arising from these Terms or the Service shall be resolved through binding arbitration, except that either party may seek injunctive relief in court for intellectual property infringement.

14.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. Service Modifications and Termination

15.1 Service Changes

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

15.2 Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

15.3 Effect of Termination

Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and User Content
• You will remain liable for any amounts owed
• Provisions that by their nature should survive will survive termination

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Kyvvo regarding the Service and supersede all prior agreements.

16.2 Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of that right or provision.

16.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

16.5 Governing Law

These Terms shall be governed by the laws of the United States and the State of Delaware, without regard to conflict of law provisions.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on this page and updating the "Last updated" date. We may also notify you via email for significant changes. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

18. Contact Us

If you have any questions about these Terms of Service, please contact us at: