1. Eligibility and authority
You must be at least 18 and able to form a binding contract to use the Services. If you use the Services for an organization, you represent that you are authorized to bind that organization, and "you" includes that organization. You may not use the Services if applicable law prohibits you from doing so.
2. The Services
KISO provides business software and related services that may include customer relationship management, website chat, email, SMS and voice communications, scheduling, electronic signatures, marketing attribution, advertising integrations, analytics, automation, and AI-assisted features (the "Services"). Features may be offered in beta, preview, or early access and may change as the Services develop.
Any order form, subscription plan, data processing addendum, service-specific terms, or written agreement accepted by you and KISO is incorporated into these Terms. If there is a conflict, the more specific signed or accepted agreement controls for its subject matter.
You are responsible for determining whether the Services meet your legal, regulatory, operational, accessibility, retention, and industry-specific requirements. The Services are not a substitute for legal, financial, medical, or other professional advice.
3. Accounts and security
You agree to provide accurate information, keep it current, protect credentials and API keys, restrict account access to authorized users, and promptly notify us at api@kisohq.com of suspected unauthorized use. You are responsible for activity under your account and for your users' compliance with these Terms.
Organization administrators may manage users, access Customer Data, configure integrations, and control the account. If you join an organization account, your use is subject to that organization's control.
4. Customer Data and instructions
You retain your rights in Customer Data. You grant KISO and its subprocessors a non-exclusive, worldwide license to host, copy, transmit, display, modify, and otherwise process Customer Data only as necessary to provide, secure, support, and improve the Services; comply with law; and follow your documented instructions.
You represent that you have all rights, notices, permissions, and lawful bases necessary for KISO to process Customer Data as instructed. You are responsible for Customer Data's accuracy, quality, legality, and the means by which it was obtained. Do not submit information subject to special restrictions unless KISO has expressly agreed in writing to support it.
We may use aggregated or de-identified data to operate, analyze, secure, and improve the Services, provided it does not reasonably identify you or an individual. Our handling of personal information is described in the Privacy Policy.
5. Email, SMS, voice, and other communications
If you use KISO to communicate with recipients, you are the sender and are responsible for your campaign, content, recipients, consent records, sender identification, opt-out process, quiet hours, calling or messaging frequency, and compliance with applicable law and industry rules. This includes, as applicable, the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, state telemarketing laws, Canada's Anti-Spam Legislation (CASL), and carrier, CTIA, A2P 10DLC, and communications-provider requirements.
You must:
- message only recipients you are lawfully permitted to contact and maintain auditable consent records;
- clearly identify yourself and provide all required disclosures;
- honor revocation, unsubscribe, and opt-out requests promptly;
- not use purchased, rented, harvested, or scraped lists where prohibited;
- not obscure the origin, destination, subject, or content of a communication; and
- cooperate with registration, verification, complaint, and compliance reviews.
KISO may block or throttle messages, require proof of consent, or suspend communications when reasonably necessary to protect recipients, deliverability, carriers, providers, or the Services. Delivery, timing, caller ID, inbox placement, and carrier acceptance are not guaranteed. Additional rules for messages sent by or through KISO appear in our SMS Terms.
6. Acceptable use
You may not use the Services to:
- violate law, regulation, court order, or another person's rights;
- send spam, unlawful telemarketing, phishing, deceptive, fraudulent, harassing, or abusive communications;
- distribute malware or interfere with the integrity, availability, or security of the Services;
- probe, scan, bypass, or defeat security or usage limits without written authorization;
- reverse engineer or copy the Services except where a restriction is prohibited by law;
- use the Services to develop or benchmark a competing product without our written permission;
- submit content that infringes intellectual property, privacy, publicity, or other rights; or
- facilitate high-risk or prohibited activity, including illegal goods, exploitation, or violence.
You may not resell or provide the Services to third parties unless your plan or written agreement expressly permits it.
7. Third-party services and AI features
The Services may interoperate with communications carriers, email providers, advertising platforms, calendars, payment processors, cloud infrastructure, and other third-party services. Your use of them may be subject to their terms and privacy policies. KISO is not responsible for third-party services or for provider decisions about deliverability, registration, account status, or policy enforcement.
AI-assisted features may produce incomplete, inaccurate, or unexpected output. You are responsible for reviewing output before relying on it or sending it to others, and for ensuring your use is lawful and appropriate. Do not use AI output as the sole basis for decisions with legal or similarly significant effects on a person.
8. Fees, usage, and taxes
Fees, included usage, billing periods, and renewal terms are described in your order or plan. Unless stated otherwise, fees are in U.S. dollars, non-cancelable and non-refundable except as required by law, and exclusive of taxes. You authorize KISO or its payment processor to charge the payment method on file. You are responsible for applicable taxes other than taxes on KISO's net income.
Usage-based charges, carrier fees, registration fees, pass-through costs, and overages may apply to communications or integrations. We may change pricing prospectively with notice required by your plan or applicable law.
9. Intellectual property and feedback
KISO and its licensors own the Services, software, designs, documentation, trademarks, and related intellectual property. Subject to these Terms and payment of applicable fees, KISO grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes during your subscription.
If you provide feedback, you grant KISO a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or compensation. You represent that you have the right to provide that feedback.
10. Suspension and termination
You may stop using the Services at any time, subject to your order's payment and cancellation terms. We may suspend or terminate access if you materially breach these Terms, fail to pay amounts due, create security or legal risk, cause harm to the Services or third parties, or if a provider requires us to do so. When reasonably practicable, we will give notice and an opportunity to cure.
Upon termination, your access ends. Provisions that by their nature should survive—including payment obligations, ownership, disclaimers, limitations of liability, indemnification, and general terms—will survive. Customer Data export and deletion are governed by your plan, written agreement, and our retention practices.
11. Disclaimers, indemnity, and liability
To the maximum extent permitted by law, the Services are provided "as is" and "as available." KISO disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty that the Services will be uninterrupted, error-free, secure, or that communications will be delivered.
You will defend, indemnify, and hold harmless KISO and its affiliates, officers, employees, and agents from third-party claims, damages, losses, and reasonable costs arising from your Customer Data, your communications or recipients, your violation of these Terms or law, or your infringement of another person's rights.
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, goodwill, or data, even if advised of the possibility. KISO's total aggregate liability arising from the Services or these Terms will not exceed the amounts you paid KISO for the Services giving rise to the claim during the twelve months before the event giving rise to liability. These limits do not apply where prohibited by law.
12. General terms
Changes. We may update these Terms. We will post revisions and update the date above, and provide additional notice for material changes when required. Continued use after the effective date means you accept the revised Terms.
Governing law. These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. Before filing a claim, each party agrees to try in good faith for 30 days to resolve the dispute informally. Unless applicable law requires otherwise, state and federal courts located in Texas will have exclusive jurisdiction.
Miscellaneous. You may not assign these Terms without our written consent; KISO may assign them in connection with a reorganization, merger, acquisition, or sale of assets. Neither party is liable for delay caused by events beyond its reasonable control. If a provision is unenforceable, the remaining provisions stay effective. Failure to enforce a provision is not a waiver. These Terms and incorporated agreements are the entire agreement about the Services and supersede prior discussions on that subject.
Questions: legal@kisohq.com or api@kisohq.com.
wewill3c, llc d/b/a KISO
United States
kisohq.com