Terms of Service

For the purposes of these Terms of Service ("Terms"), the following definitions apply:

• "Company," "we," "us," or "our" refers to KAIROS, the operator of the platform accessible at kairos-ai.co.
• "Platform" refers to the KAIROS web application, APIs, AI agents, and all related services provided at kairos-ai.co.
• "User," "you," or "your" refers to any individual or legal entity that registers for, accesses, or uses the Platform.
• "AI Agents" refers to the nine specialized artificial intelligence agents operating within the Platform, including but not limited to: Research Agent, Copywriting Agent, Publishing Agent, Analytics Agent, Strategy Agent, Community Agent, Design Agent, SEO Agent, and Ads Agent.
• "User Content" refers to any text, images, videos, data, documents, or other materials that you upload, submit, generate, or create through the Platform.
• "AI-Generated Content" refers to any text, images, videos, or other outputs produced by the Platform's AI Agents on your behalf, including content generated by third-party AI providers integrated into the Platform.
• "Third-Party Services" refers to external services integrated with the Platform, including but not limited to social media platforms, analytics providers, payment processors, AI model providers, CMS platforms, and CDN providers.
• "Subscription" refers to your paid or trial access plan to the Platform, managed through our payment processor.

2.1 By creating an account, accessing, or using the Platform in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any applicable supplemental terms.

2.2 If you are accessing or using the Platform on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, "you" and "your" refer to that entity.

2.3 If you do not agree to these Terms, you must not access or use the Platform. Continued use of the Platform following any modification to these Terms constitutes acceptance of such modifications, subject to the notice provisions in Article 19.

2.4 You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to use the Platform. By using the Platform, you represent and warrant that you meet this age requirement.

3.1 KAIROS is an AI-powered marketing platform that provides automated marketing services through nine specialized AI agents. These agents collaborate to perform research, content creation, publishing, analytics, strategy development, community management, design, search engine optimization, and advertising campaign management.

3.2 The Platform enables you to generate and manage marketing content, including but not limited to:

• Text-based content such as social media posts, articles, and marketing copy;
• AI-generated images, produced through integration with FLUX (Black Forest Labs) and Google Gemini;
• AI-generated videos, produced through integration with Kling AI and Google Veo;
• Ad campaign creation and management across various advertising platforms.

3.3 The Platform supports publishing content to the following social media and communication platforms: Twitter/X, Instagram, LinkedIn, TikTok, Facebook, YouTube, Threads, Reddit, Pinterest, Bluesky, Telegram, Snapchat, Google Business, and WhatsApp. Availability of specific platform integrations may vary and is subject to change.

3.4 The Platform integrates with third-party analytics services including PostHog, Amplitude, Mixpanel, Google Analytics, and Google Search Console to provide marketing performance insights.

3.5 The Platform supports knowledge ingestion from external sources, including Notion workspaces and websites, to enrich AI agent context and improve content quality.

3.6 The Platform integrates with content management systems including WordPress and Ghost for content publishing and synchronization.

3.7 We reserve the right to modify, suspend, or discontinue any part of the Platform at any time, with or without notice, subject to our obligations regarding active Subscriptions.

4.1 To access the Platform, you must create an account by providing a valid email address and password, or by authenticating through a supported OAuth provider (Google or GitHub). Registration is protected by Cloudflare Turnstile CAPTCHA to prevent automated abuse.

4.2 You must verify your email address within 24 hours of registration. Failure to verify your email may result in restricted access or account suspension. Verification tokens expire after 24 hours, after which a new token must be requested.

4.3 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us at [email protected] of any unauthorized use of your account or any other security breach.

4.4 Your sessions are managed through JSON Web Tokens (JWT). You acknowledge that keeping your devices and browser sessions secure is your responsibility. We recommend logging out of the Platform when using shared or public devices.

4.5 You agree to provide accurate, current, and complete information during registration and to keep your account information updated. Providing false or misleading information may result in immediate account termination.

4.6 You may not create multiple accounts for the purpose of circumventing usage limits, evading suspension, or otherwise violating these Terms.

5.1 Access to certain features of the Platform requires a paid Subscription. Subscription pricing is configured on a per-project, per-month basis and is displayed on our pricing page at the time of purchase.

5.2 All payment processing is handled by Stripe, Inc. ("Stripe"). By subscribing, you agree to Stripe's terms of service and authorize us to charge your designated payment method on a recurring basis.

5.3 We may offer trial periods for new Subscriptions. At the end of a trial period, your Subscription will automatically convert to a paid plan unless you cancel before the trial expires.

5.4 Your Subscription may be in one of the following states: TRIALING (during a trial period), ACTIVE (fully paid and operational), PAST_DUE (payment failed but access temporarily maintained), CANCELED (voluntarily canceled by you), UNPAID (payment failed and access restricted), PAUSED (temporarily suspended at your request or by us), or EXPIRED (trial or subscription period ended without renewal).

5.5 If your Subscription enters a PAST_DUE state, we will attempt to collect payment for a reasonable period. If payment is not resolved, your Subscription may transition to UNPAID, and access to the Platform will be restricted until payment is made. We will notify you by email of any payment issues.

5.6 You may cancel your Subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds will be issued for partial periods unless required by applicable law, including the EU Consumer Rights Directive (Directive 2011/83/EU).

5.7 For Users located in the European Union: You have the right to withdraw from your Subscription within 14 days of purchase without giving any reason, in accordance with the EU Consumer Rights Directive. To exercise this right, you must inform us at [email protected] before the withdrawal period expires. If you have expressly requested that the service begin during the withdrawal period, you acknowledge that you will owe a proportionate amount for the service provided up to the time of withdrawal.

5.8 We reserve the right to modify our pricing at any time. Price changes will be communicated at least 30 days in advance and will take effect at the start of your next billing cycle. Continued use of the Platform after a price change constitutes acceptance of the new pricing.

6.1 The Platform uses artificial intelligence to process your inputs and generate content. By using the Platform, you acknowledge and consent to your content being processed by our AI systems and the following third-party AI providers:

• OpenAI — for natural language processing, content generation, and analysis;
• Anthropic (Claude) — for natural language processing, reasoning, and content generation;
• DeepSeek — for natural language processing and content generation;
• Google Gemini — for natural language processing, content generation, and image generation;
• FLUX (Black Forest Labs) — for AI image generation;
• Kling AI — for AI video generation;
• Google Veo — for AI video generation.

6.2 Data sent to third-party AI providers is subject to their respective privacy policies and terms of service. We select providers that maintain appropriate data protection standards, but we cannot guarantee how third-party providers process data beyond our contractual agreements with them.

6.3 The Platform utilizes vector embeddings (via pgvector) and graph-based memory systems (Mem0/Neo4j) to store and retrieve knowledge context. This enables AI Agents to provide more relevant and personalized outputs based on your previous interactions and ingested knowledge.

6.4 AI-generated outputs are probabilistic in nature. We do not guarantee the accuracy, completeness, originality, or appropriateness of any AI-Generated Content. You are solely responsible for reviewing, editing, and approving all AI-Generated Content before publication or use.

6.5 We may change, add, or remove third-party AI providers at our discretion. Material changes to the AI providers used will be communicated through our standard notification channels.

7.1 In accordance with Regulation (EU) 2024/1689 (the EU AI Act), we provide the following transparency disclosures:

7.2 The Platform deploys AI systems for content generation, marketing optimization, and data analysis. These systems are classified as limited-risk AI systems under the EU AI Act, as they generate content that could be mistaken for human-created content.

7.3 Disclosure Obligations. You acknowledge and agree that content generated by the Platform's AI Agents constitutes AI-generated content. Where required by applicable law, including the EU AI Act, you are responsible for clearly disclosing to end recipients that content has been generated or substantially modified by artificial intelligence. This includes:

• Marking AI-generated images and videos as artificially generated or manipulated, in a manner that is clearly visible to the recipient;
• Disclosing the use of AI in generating text content where such disclosure is required by law or platform policies;
• Maintaining records of which content was AI-generated for compliance and audit purposes.

7.4 The Platform provides metadata and labeling capabilities to assist you in meeting your disclosure obligations. However, the ultimate responsibility for compliance with AI content disclosure requirements rests with you.

7.5 We maintain technical documentation regarding our AI systems as required by the EU AI Act and make relevant information available to competent authorities upon lawful request.

8.1 Your Content. You retain all ownership rights in and to your User Content. By uploading or submitting User Content to the Platform, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, process, store, and transmit your User Content solely for the purpose of providing, maintaining, and improving the Platform and its services to you. This license terminates when you delete your User Content from the Platform or when your account is terminated, subject to reasonable backup and archival periods.

8.2 AI-Generated Content. Subject to applicable law, you own the AI-Generated Content created through your use of the Platform, to the extent that ownership is legally possible under the intellectual property laws of your jurisdiction. You acknowledge that the legal status of ownership of AI-generated works varies by jurisdiction and may be subject to evolving legal interpretations.

8.3 Platform Intellectual Property. The Platform, including its software, design, algorithms, AI agent architectures, documentation, trademarks, and all related intellectual property, is and remains the exclusive property of KAIROS. These Terms do not grant you any rights to our intellectual property except the limited right to use the Platform in accordance with these Terms.

8.4 Feedback. If you provide us with feedback, suggestions, or ideas regarding the Platform, you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into the Platform without any obligation to you.

8.5 You represent and warrant that you have all necessary rights, licenses, and permissions to submit your User Content to the Platform and to grant the licenses described in this Article.

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

9.2 Data Storage. Your data is stored in PostgreSQL databases with Row-Level Security (RLS) enabled, ensuring data isolation between users. Media files are stored in S3-compatible object storage (S3/MinIO) and delivered through BunnyCDN. Caching layers use Redis for performance optimization.

9.3 GDPR Compliance. For Users located in the European Economic Area (EEA), we process personal data in accordance with the General Data Protection Regulation (EU) 2016/679 ("GDPR"). You have the right to:

• Access your personal data and receive a copy thereof;
• Rectify inaccurate or incomplete personal data;
• Request erasure of your personal data ("right to be forgotten");
• Restrict processing of your personal data;
• Data portability — receive your personal data in a structured, commonly used, machine-readable format;
• Object to processing based on legitimate interests or for direct marketing purposes;
• Not be subject to decisions based solely on automated processing, including profiling, that produce legal effects or similarly significantly affect you.

9.4 CCPA/CPRA Compliance. For Users who are California residents, we comply with the California Consumer Privacy Act as amended by the California Privacy Rights Act ("CCPA/CPRA"). You have the right to:

• Know what personal information is collected, used, shared, or sold;
• Delete personal information held by us;
• Opt out of the sale or sharing of personal information;
• Non-discrimination for exercising your privacy rights;
• Correct inaccurate personal information;
• Limit the use and disclosure of sensitive personal information.

9.5 We do not sell your personal information. We do not use your User Content to train our AI systems or those of third parties, except as necessary to provide the Platform's services to you (such as generating contextual embeddings for your account).

9.6 To exercise any of your data protection rights, contact us at [email protected]. We will respond within the timeframes required by applicable law (30 days under GDPR, 45 days under CCPA/CPRA).

10.1 You agree to use the Platform only for lawful purposes and in accordance with these Terms. You shall not use the Platform to:

• Generate, publish, or distribute content that is illegal, defamatory, obscene, hateful, discriminatory, threatening, harassing, or otherwise objectionable;
• Create or distribute spam, misleading content, disinformation, or deceptive marketing materials;
• Impersonate any person, entity, or organization, or falsely represent your affiliation with any person, entity, or organization;
• Infringe upon or violate the intellectual property rights, privacy rights, or other rights of any third party;
• Engage in any activity that violates the terms of service or policies of any connected Third-Party Services, including social media platforms;
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of the Platform or its AI Agents;
• Use the Platform to develop competing products or services, or to benchmark the Platform for competitive purposes;
• Circumvent, disable, or otherwise interfere with any security, rate-limiting, or access control features of the Platform;
• Use automated tools, bots, or scripts to access the Platform outside of our provided APIs;
• Upload or transmit viruses, malware, or other harmful code through the Platform;
• Use the Platform to generate content for illegal activities, including but not limited to fraud, phishing, or unauthorized surveillance;
• Use the Platform in any manner that could damage, disable, overburden, or impair our servers or networks.

10.2 We reserve the right to investigate and take appropriate action against any User who, in our sole discretion, violates this Acceptable Use Policy, including removal of content, suspension of access, and termination of accounts.

10.3 You are responsible for ensuring that your use of the Platform complies with all applicable laws and regulations in your jurisdiction, including but not limited to advertising regulations, data protection laws, and industry- specific compliance requirements.

11.1 You acknowledge that all AI-Generated Content must be reviewed, verified, and approved by you before publication. The Platform may provide content quality scores and recommendations, but the final decision to publish any content rests solely with you.

11.2 You are solely responsible for:

• Verifying the accuracy and truthfulness of all AI-Generated Content before publication;
• Ensuring that AI-Generated Content does not infringe upon the intellectual property rights or other rights of third parties;
• Complying with the terms of service and content policies of any Third-Party Services to which content is published;
• Adding appropriate AI-generated content disclosures where required by law;
• Ensuring compliance with advertising standards, truth-in- advertising regulations, and sector-specific rules applicable to your content.

11.3 We do not pre-screen User Content or AI-Generated Content. However, we reserve the right to review, remove, or refuse to publish any content that we reasonably believe violates these Terms or applicable law.

11.4 You understand and acknowledge that AI-Generated Content may inadvertently contain errors, biases, or inaccuracies. The Platform is a tool to assist your marketing efforts, not a substitute for professional judgment.

12.1 The Platform integrates with numerous Third-Party Services. Your use of these integrations is subject to the respective terms of service and privacy policies of each Third-Party Service. We are not responsible for the actions, content, or policies of any Third-Party Service.

12.2 By connecting a Third- Party Service to the Platform, you grant us permission to access and interact with that service on your behalf, within the scope of the permissions you authorize. You may revoke these permissions at any time through the Platform's settings or through the Third-Party Service directly.

12.3 We do not guarantee the continued availability, functionality, or compatibility of any Third-Party Service integration. Changes to third-party APIs, policies, or availability may affect the Platform's functionality.

12.4 Payment processing is provided by Stripe. Your financial data is handled directly by Stripe and is not stored on our servers. Stripe's privacy policy and terms of service govern the collection and use of your payment information.

13.1 Termination by You. You may terminate your account at any time by contacting us at [email protected] or through the account settings in the Platform. Upon termination:

• Your active Subscription will be canceled at the end of the current billing period;
• You may request an export of your User Content before account deletion;
• Your account and associated data will be deleted in accordance with our data retention policies and applicable law.

13.2 Termination by Us. We may suspend or terminate your account, without prior notice, if:

• You breach any provision of these Terms, including the Acceptable Use Policy;
• Your Subscription is in an UNPAID state for more than 30 consecutive days;
• We are required to do so by law or by a valid legal order;
• We reasonably believe your account has been compromised or is being used fraudulently;
• Continued provision of services to you would pose a risk to the Platform, other Users, or third parties.

13.3 In cases of termination for cause, we may terminate your account immediately. In other cases, we will provide reasonable notice and an opportunity to cure the breach where practicable.

13.4 Following account termination, we will retain your data for a period necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. After this retention period, your data will be permanently deleted.

13.5 Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: intellectual property rights, limitation of liability, indemnification, and dispute resolution.

14.1 THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

14.2 WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

• The Platform will be uninterrupted, error-free, or secure;
• AI-Generated Content will be accurate, complete, original, or free from bias;
• The Platform will meet your specific requirements or expectations;
• Any particular marketing outcome or result will be achieved through use of the Platform;
• Third-Party Service integrations will function without interruption.

14.3 This disclaimer does not affect statutory rights that cannot be waived or limited under applicable law, including mandatory consumer protection rights in the European Union and the State of California.

15.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities;
• Damages arising from AI-Generated Content, including claims of intellectual property infringement, defamation, or inaccuracy;
• Damages resulting from unauthorized access to or alteration of your data;
• Damages arising from the actions or unavailability of Third-Party Services;
• Cost of procuring substitute services;
• Any other damages arising from your use of or inability to use the Platform.

15.2 OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED EUROS (EUR 100).

15.3 The limitations in this Article apply regardless of the legal theory on which the claim is based, whether in contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.

15.4 Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited under applicable mandatory law.

16.1 You agree to indemnify, defend, and hold harmless the Company and its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Platform or any activity under your account;
• User Content or AI-Generated Content published, distributed, or used by you;
• Your violation of these Terms;
• Your violation of any applicable law, regulation, or third-party right;
• Your failure to comply with AI-generated content disclosure obligations under the EU AI Act or other applicable regulations;
• Any claim by a third party arising from content published through the Platform on your behalf.

16.2 We will provide you with prompt notice of any such claim and will reasonably cooperate with you, at your expense, in the defense of such claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you.

16.3 This indemnification obligation does not apply to the extent that the claim arises from our gross negligence or willful misconduct.

17.1 These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where the Company is established, without regard to its conflict of law provisions.

17.2 Informal Resolution. Before initiating any formal dispute resolution proceedings, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least thirty (30) days.

17.3 Arbitration. If the dispute is not resolved informally, any dispute, controversy, or claim arising out of or relating to these Terms shall be settled by binding arbitration administered by a recognized arbitration institution in the jurisdiction where the Company is established. The arbitration shall be conducted in English, and the arbitral award shall be final and binding.

17.4 Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

17.5 EU Consumer Rights. If you are a consumer residing in the European Union, nothing in this Article shall deprive you of the protection afforded by mandatory provisions of the law of your country of habitual residence. You may bring proceedings in the courts of your country of habitual residence. You may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

17.6 Class Action Waiver. To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action, collective action, or representative action.

18.1 Neither party shall be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to: acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, civil unrest, government actions, sanctions, embargoes, labor disputes, strikes, fire, floods, earthquakes, power failures, internet or telecommunications failures, cyberattacks, or failures of Third-Party Services or AI providers.

18.2 The affected party shall promptly notify the other party of the force majeure event and shall use reasonable efforts to mitigate its effects. If a force majeure event continues for more than sixty (60) consecutive days, either party may terminate these Terms upon written notice to the other party.

19.1 We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Provide you with at least thirty (30) days' advance notice before the changes take effect;
• Notify you by email to the address associated with your account and/or through a prominent notice on the Platform;
• Update the "Last Updated" date at the top of these Terms.

19.2 Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform and may terminate your account in accordance with Article 13.

19.3 For Users in the European Union, material changes to these Terms that negatively affect your rights will require your explicit consent before taking effect, as required by applicable consumer protection law.

20.1 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

20.2 Entire Agreement. These Terms, together with the Privacy Policy and any supplemental terms, constitute the entire agreement between you and the Company regarding your use of the Platform and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

20.3 Waiver. Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by the Company to be effective.

20.4 Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.

20.5 No Third-Party Beneficiaries. These Terms are for the benefit of the parties hereto and are not intended to confer any rights on any third party.

20.6 Headings. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

20.7 Language. These Terms are drafted in English. In the event of any conflict between the English version and any translated version, the English version shall prevail to the extent permitted by applicable law.

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us at: