Terms of Service

Welcome to Klonis AI. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Klonis AI, Inc. ("Klonis AI," "we," "us," or "our") governing your access to and use of our website at klonisai.com (the "Site"), our software-as-a-service platform, and all related services, including SMS text messaging, email marketing, AI voice agents, and any other features or tools we provide (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services. If you are using the Services on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

1. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use our Services. By using the Services, you represent and warrant that you meet these eligibility requirements. Our Services are designed for business use and are not intended for personal, family, or household purposes.

2. Account Registration and Security

To access certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at [email protected] if you become aware of any unauthorized use of your account.

3. Description of Services

Klonis AI provides an AI-powered business growth operating system that includes, but is not limited to: AI voice agents, CRM automation, lead generation and intelligence, automated follow-up sequences, SMS text messaging, email marketing, content creation, reputation management, and analytics. The specific features available to you depend on your subscription plan.

5. Email Marketing Terms (CAN-SPAM Compliance)

By providing your email address, you consent to receive electronic communications from Klonis AI, including service-related emails and, where you have opted in, marketing and promotional emails. Our email marketing practices comply with the CAN-SPAM Act and applicable laws:

• All marketing emails clearly identify Klonis AI as the sender and include our physical mailing address.
• Subject lines accurately represent the content of the email.
• Every marketing email includes a clear and functional unsubscribe link.
• Unsubscribe requests are honored within 10 business days.
• We do not use purchased or rented email lists.
• We do not send emails to addresses that have opted out or bounced.

6. AI Voice Agent & Telephone Communication Terms (TCPA Compliance)

Klonis AI provides AI-powered voice agent services. By using our voice agent features or by providing your phone number and consent, you acknowledge and agree to the following:

• Consent: You provide prior express written consent for Klonis AI and its AI voice agents to place calls to the phone number(s) you provide, including calls made using an automatic telephone dialing system (ATDS) or prerecorded/artificial voice technology.
• AI Disclosure: All AI-powered calls will clearly disclose at the beginning of the call that the caller is an AI assistant acting on behalf of the identified business.
• Calling Hours: Telemarketing calls will only be placed between 8:00 a.m. and 9:00 p.m. in the recipient's local time zone.
• Do Not Call: You may request to be placed on our internal Do Not Call list at any time by informing the AI agent during a call, contacting us at [email protected], or calling our support line. We honor the National Do Not Call Registry.
• Call Recording: Calls may be recorded for quality assurance, training, and compliance purposes. Where required by law, we will notify you at the beginning of the call that the call may be recorded and obtain your consent.
• Revocation of Consent: You may revoke your consent to receive automated calls at any time through any reasonable means, including verbal request during a call, written request via email, or by contacting our support team.

7. User Responsibilities and Acceptable Use

When using our Services, you agree that you will:

• Comply with all applicable federal, state, and local laws and regulations, including the TCPA, CAN-SPAM Act, GDPR, CCPA, and CTIA guidelines.
• Obtain all necessary consents from your contacts before sending SMS messages, emails, or making voice calls through our Platform.
• Maintain accurate records of all opt-in consents obtained from your contacts.
• Honor all opt-out requests promptly and maintain your own Do Not Call and suppression lists.
• Not use the Services to send spam, unsolicited messages, or messages to individuals who have not provided consent.
• Not use the Services to send content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
• Not use the Services to transmit content related to illegal substances, hate speech, fraud, phishing, or deceptive practices.
• Not attempt to reverse engineer, decompile, or disassemble any portion of the Services.
• Not use the Services to infringe upon the intellectual property rights of any third party.

Violation of these terms may result in immediate suspension or termination of your account without notice or refund.

8. Subscription, Payment, and Billing

• Subscription Plans: Access to the Services requires a paid subscription. Details of available plans, features, and pricing are available on our website.
• Billing: Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. All fees are non-refundable except as expressly stated in these Terms or required by law.
• Automatic Renewal: Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.
• Price Changes: We reserve the right to modify our pricing with 30 days' prior notice. Continued use of the Services after a price change constitutes acceptance of the new pricing.
• Cancellation: You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period.
• Usage Limits: Certain plans include usage limits for SMS messages, emails, voice minutes, and other features. Exceeding these limits may result in additional charges or service restrictions.

9. Intellectual Property

All content, features, and functionality of the Services — including but not limited to text, graphics, logos, icons, images, audio clips, software, and the compilation thereof — are the exclusive property of Klonis AI or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain ownership of any content you upload to the Platform ("User Content"). By uploading User Content, you grant Klonis AI a non-exclusive, worldwide, royalty-free license to use, process, and display your User Content solely for the purpose of providing the Services to you.

10. Disclaimers

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

KLONIS AI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO LEAD GENERATION, REVENUE GROWTH, OR CUSTOMER ACQUISITION OUTCOMES.

MOBILE CARRIERS ARE NOT LIABLE FOR DELAYED OR UNDELIVERED MESSAGES. KLONIS AI IS NOT RESPONSIBLE FOR THE ACTIONS OR OMISSIONS OF THIRD-PARTY SERVICE PROVIDERS, INCLUDING TELECOMMUNICATIONS CARRIERS, SMS AGGREGATORS, OR EMAIL SERVICE PROVIDERS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KLONIS AI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO KLONIS AI IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

12. Indemnification

You agree to indemnify, defend, and hold harmless Klonis AI and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation, including the TCPA, CAN-SPAM Act, GDPR, or CCPA; (d) your User Content; or (e) your infringement of any third party's rights.

13. Compliance with Industry Standards

Klonis AI is committed to compliance with all applicable industry standards and regulations, including but not limited to: the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the Cellular Telecommunications Industry Association (CTIA) Messaging Principles and Best Practices, 10DLC (10-Digit Long Code) registration requirements through The Campaign Registry (TCR), the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA/CPRA), and applicable state privacy and telemarketing laws. Both Klonis AI and its users are expected to adhere to these standards when using the Services.

14. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease. You may terminate your account at any time by contacting us. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, and indemnification.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, either party may submit the dispute to binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in the State of Delaware. Each party shall bear its own costs of arbitration.

16. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Klonis AI regarding the Services.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
• Notices: We may provide notices to you via email, through the Services, or by posting on our website. Notices to us should be sent to [email protected].
• Force Majeure: Klonis AI shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or Internet or telecommunications failures.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date and notify you by email or through a prominent notice on our website. Your continued use of the Services after any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services.