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Terms of Service

Last updated: January 15, 2025

Agreement to Terms

These Terms of Service ("Terms") govern your use of the Kytos Agency LLC AI receptionist services and website (collectively, the "Service") operated by Kytos Agency LLC ("we," "us," or "our").

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.

Description of Service

Kytos Agency LLC provides AI-powered receptionist services designed to handle incoming calls, schedule appointments, answer questions, and route calls appropriately. Our services are specifically tailored for:

  • Car dealerships and automotive businesses
  • Emergency services and dispatch centers
  • Construction companies and contractors
  • Other businesses requiring professional call handling

Eligibility and Account Registration

Eligibility

You must be at least 18 years old and have the legal authority to enter into agreements to use our Service. If you are using the Service on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

Account Information

You agree to provide accurate, complete, and current information when creating an account and to update this information as necessary. You are responsible for maintaining the confidentiality of your account credentials.

Use of the Service

Permitted Use

You may use our Service for legitimate business purposes in accordance with these Terms. You agree to:

  • Use the Service in compliance with all applicable laws and regulations
  • Provide accurate information about your business and requirements
  • Cooperate with our setup and customization process
  • Monitor and manage your AI receptionist's performance

Prohibited Use

You may not use our Service to:

  • Violate any applicable laws, regulations, or third-party rights
  • Engage in fraudulent, deceptive, or misleading activities
  • Transmit harmful, offensive, or inappropriate content
  • Interfere with the proper functioning of the Service
  • Attempt to gain unauthorized access to our systems
  • Use the Service for spam, telemarketing, or unsolicited communications
  • Impersonate others or misrepresent your identity or affiliation

Service Availability and Performance

Uptime Commitment

We strive to maintain 99.9% uptime for our Service. However, we do not guarantee uninterrupted availability and may perform maintenance that temporarily affects Service availability.

Service Limitations

Our AI receptionist service:

  • Is designed to handle routine calls and inquiries
  • May not be suitable for all types of complex customer interactions
  • Requires proper configuration and training for optimal performance
  • May need human escalation for certain situations

Fees and Payment

Billing

Fees are based on your selected service plan and usage. You agree to pay all applicable fees as outlined in your service agreement. Fees are typically billed monthly in advance.

Payment Terms

  • Payment is due upon receipt of invoice
  • Late payments may result in service suspension
  • All fees are non-refundable except as expressly stated
  • We may change our fees with 30 days' notice

Taxes

You are responsible for all taxes, duties, and assessments associated with your use of the Service.

Data and Privacy

Your Data

You retain ownership of all data you provide to us. We process your data in accordance with our Privacy Policy and applicable data protection laws.

Call Recordings

Our Service may record calls for quality assurance, training, and compliance purposes. By using the Service, you consent to such recordings and agree to comply with applicable call recording laws in your jurisdiction.

Data Security

We implement industry-standard security measures to protect your data, but cannot guarantee absolute security. You are responsible for ensuring your use complies with applicable data protection requirements.

Intellectual Property

Our IP

The Service, including all software, technology, content, and trademarks, is owned by Kytos Agency and protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer our Service.

Your Content

You grant us a limited license to use, process, and store your content as necessary to provide the Service. This license terminates when you stop using the Service or delete your content.

Termination

Termination by You

You may terminate your account at any time with 30 days' written notice. You remain responsible for all fees incurred up to the termination date.

Termination by Us

We may terminate your access to the Service:

  • For violation of these Terms
  • For non-payment of fees
  • If we discontinue the Service
  • For any reason with 30 days' notice

Effect of Termination

Upon termination, your right to use the Service ceases immediately. We will provide you with access to export your data for 30 days after termination.

Disclaimers and Limitation of Liability

Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM. WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

Indemnification

You agree to indemnify and hold harmless Kytos Agency from any claims, damages, or expenses arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of applicable laws
  • Your content or data

Compliance and Legal Requirements

Regulatory Compliance

You are responsible for ensuring your use of the Service complies with all applicable laws and regulations, including but not limited to:

  • Telecommunications regulations
  • Call recording and consent laws
  • Data protection and privacy laws
  • Industry-specific regulations

Emergency Services

Our Service is not intended to replace human operators for true emergency situations. You must ensure appropriate protocols are in place for handling emergency calls.

Governing Law and Disputes

These Terms are governed by the laws of [Your State/Country]. Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Changes to Terms

We may update these Terms from time to time. We will provide notice of material changes by:

  • Posting updated Terms on our website
  • Sending email notification to your registered address
  • Providing notice through the Service

Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

Contact Information

If you have questions about these Terms, please contact us:

Email: legal@kytos.agency

Phone: 1-888-KYTOS-AI

Address:
Kytos Agency LLC
Legal Department
[Your Business Address]

Kytos Agency

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