Terms of Service

To access certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

You agree not to use the Service to:

• Violate any applicable laws, regulations, or industry standards
• Infringe upon the intellectual property rights, privacy rights, or other rights of others
• Transmit spam, malware, viruses, or other harmful or malicious content
• Attempt to gain unauthorized access to the Service, systems, or networks
• Interfere with, disrupt, or compromise the integrity or security of the Service
• Use the Service for any illegal, unauthorized, or fraudulent purpose
• Harass, abuse, threaten, or harm other users or third parties
• Collect, store, or process personal data without proper consent or legal basis
• Reverse engineer, decompile, or attempt to extract source code from the Service

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

You are responsible for:

• Ensuring compliance with applicable data protection laws
• Obtaining necessary consents for data processing
• Securing your account and data
• Notifying us of any data breaches

Kivana provides AI-powered features that may include automated responses, content generation, and decision-making assistance. You acknowledge that:

• AI-generated content should be reviewed and validated before use in business operations
• You remain solely responsible for all content, communications, and decisions made using our Service
• AI features are provided "as is" without warranties of accuracy, completeness, or reliability
• We are not liable for any decisions, actions, or consequences resulting from AI recommendations
• You must ensure AI usage complies with applicable laws, regulations, and industry standards
• AI models may occasionally produce inaccurate, inappropriate, or biased outputs
• You should not rely solely on AI-generated content for critical business decisions

The Service may integrate with third-party services such as WhatsApp, Google Calendar, and other platforms. You agree that:

• You will comply with third-party terms of service
• We are not responsible for third-party service availability
• Integration features are subject to third-party limitations
• You authorize us to access third-party services on your behalf

Subscription fees are billed in advance on a monthly or annual basis. You agree to:

• Pay all fees when due
• Provide accurate billing information
• Authorize recurring charges
• Notify us of any billing disputes within 30 days
• Understand that fees are non-refundable except as required by law

The Service and its original content, features, and functionality are owned by Kivana Labs Corp and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain ownership of your content but grant us a license to use it for service provision.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KIVANA LABS CORP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.

We shall not be liable for any damages arising from:

• Use or inability to use the Service
• Unauthorized access to or alteration of your data
• Statements or conduct of any third party on the Service
• AI-generated content or recommendations
• Data loss or corruption

We strive to maintain high service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance
• Technical issues
• Third-party service outages
• Force majeure events

Either party may terminate this agreement with written notice. Upon termination:

• Your access to the Service will cease
• We may delete your data after 30 days
• You remain liable for any unpaid fees
• Surviving provisions will remain in effect

Any disputes arising from these Terms or your use of the Service shall be resolved through the following process:

1. Informal Resolution: Parties agree to attempt informal resolution before formal proceedings
2. Mediation: If informal resolution fails, parties agree to participate in good faith mediation
3. Arbitration: Any remaining disputes shall be resolved by binding arbitration in Delaware
4. Class Action Waiver: You agree to resolve disputes individually, not as part of a class action

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Service.

Material changes include but are not limited to:

• Changes to pricing or billing terms
• Modifications to service features or availability
• Updates to data handling or privacy practices
• Changes to dispute resolution procedures
• Modifications to liability limitations