Terms and Conditions

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1. Introduction

Welcome to KKSJ, LLC ("Kelsmar," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our artificial intelligence (AI) powered agent services, including any related software, applications, websites, and platforms (collectively, the "Services"). By accessing or using the Services, you ("Customer" or "you") agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.  

2. Services  

Kelsmar provides AI-powered agents to assist businesses ("Customers") with customer support through voice, chat, and SMS channels. Our Services are designed to interact with Customers' end-users ("End-Users") and provide assistance based on the data provided by Customers.

3. Customer Responsibilities

  • Data Accuracy: Customer is responsible for providing accurate and complete data to Kelsmar, including End-User data.

  • Data Privacy: Customer is responsible for complying with all applicable data privacy laws and regulations, including obtaining necessary consents from End-Users for the collection, use, and disclosure of their data.

  • End-User Consent: Customer shall ensure that End-Users are informed about the use of AI-powered agents and provide a mechanism for End-Users to opt-out of interactions with the Services.

  • Service Use: Customer shall use the Services in accordance with these Terms and all applicable laws and regulations.

4. Kelsmar Responsibilities

  • Service Availability: Kelsmar will use commercially reasonable efforts to provide the Services with minimal interruptions. However, we do not guarantee continuous, uninterrupted, or secure access to the Services.

  • Data Security: Kelsmar will implement appropriate technical and organizational measures to protect the security and confidentiality of Customer data.

  • Data Use: Kelsmar will use Customer data, including End-User data, to provide and improve the Services, train our AI models, and generate insights and reports.

  • Confidentiality: Kelsmar will treat Customer data as confidential and will not disclose it to third parties except as required by law or as necessary to provide the Services.  

5. Intellectual Property

All intellectual property rights in the Services and any related materials belong to Kelsmar or its licensors. Customer is granted a limited, non-exclusive, non-transferable license to use the Services during the term of the agreement.

6. Disclaimer

The Services are provided "as is" without warranty of any kind, express or implied. Kelsmar disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

7. Limitation of Liability  

In no event shall Kelsmar be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of the Services, even if Kelsmar has been advised of the possibility of such damages.  

8. Termination

Either party may terminate the agreement for any reason upon written notice to the other party.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.  

10. Text Message Communications

10.1. Consent to Receive Text Messages: By providing your phone number and opting in to receive text messages, you consent to receive text messages from Kelsmar or our Customers (businesses using Kelsmar's services) at the number provided, including messages sent by autodialer. These messages may include facility updates, program information, marketing text messages (e.g., promos, cart reminders), and other communications related to the Services.

10.2. Message and Data Rates: Message and data rates may apply to text messages received from Kelsmar or our Customers. You are responsible for any charges imposed by your wireless carrier.

10.3. Message Frequency: You may receive up to 100 text messages per month from Kelsmar or our Customers. Message frequency may vary depending on your interactions with the Services and the preferences you set with our Customers.

10.4. Unsubscribing: You may unsubscribe from receiving text messages at any time by texting the word STOP to the number (650) 484-4897. You may receive a subsequent message confirming your opt-out request. After unsubscribing, you will no longer receive text messages from Kelsmar or our Customers.

11. Entire Agreement

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

Customer support email, you may use: For help, you may send us an email at: support@kelsmar.com