Terms of Service

1. Acceptance of Terms

These Terms of Service govern access to and use of Kyllr Labs websites, products, applications, communications, automations, surveys, messaging tools, reporting tools, file storage, and related services (collectively, the “Services”). By accessing, browsing, signing up for, using, or interacting with the Services, you agree to these Terms. If you do not agree, do not use the Services.

2. Changes to the Services or Terms

We may modify these Terms or any part of the Services at any time. Updated Terms become effective when posted unless a later date is stated. Your continued use of the Services after updates are posted constitutes acceptance of the revised Terms.

3. AI and Automated Systems

You acknowledge that artificial intelligence, machine learning, automated decisioning, workflow automations, model-based analysis, and third-party AI tools are used throughout the Services. AI-generated content, recommendations, summaries, classifications, responses, and outputs may be incomplete, inaccurate, biased, delayed, or inappropriate for your specific use case. You are responsible for reviewing outputs before relying on them.

We may use human review, automated review, and third-party service providers to monitor, support, improve, secure, evaluate, and operate the Services.

4. Communications; Phone and SMS Consent

By providing a phone number to Kyllr Labs, you represent that you own, control, or are authorized to provide that number, and you acknowledge and agree that Kyllr Labs and its vendors, contractors, and service providers may contact you at that number by call or text message, including SMS or MMS, for service-related, operational, onboarding, support, security, reminder, follow-up, scheduling, survey, and account-related communications.

Where permitted by applicable law and with any consent required by law, those communications may also include promotional or marketing messages. Message and data rates may apply. Consent to receive promotional messages is not a condition of purchase where prohibited by law. You are responsible for promptly updating your contact information if it changes.

You may opt out of promotional text messages using any method we make available, including replying STOP where applicable, but you understand that we may still send non-promotional, transactional, security, legal, or service-administration messages as permitted by law.

5. Data Collection, Use, and Rights You Grant Us

To the fullest extent permitted by applicable law, you authorize Kyllr Labs to collect, receive, access, store, host, process, analyze, transmit, display, copy, reproduce, modify, adapt, combine, create derivative works from, disclose, transfer, and otherwise use information you provide or that is generated through your use of the Services, including account data, contact data, phone numbers, email addresses, uploaded files, communications, prompts, form responses, survey results, usage logs, metadata, device data, and derived analytics or inferences.

Without limiting the foregoing, you agree that Kyllr Labs may use such information for any lawful business purpose, including to provide, operate, secure, enforce, troubleshoot, monitor, audit, improve, personalize, analyze, benchmark, market, develop, test, train, fine-tune, validate, evaluate, and support current or future products, features, models, automations, reports, and services. We may also create and use aggregated, de-identified, or anonymized data sets to the fullest extent permitted by law.

6. User Content and Uploaded Materials

You retain whatever ownership rights you may have in materials you submit, upload, input, transmit, or store through the Services. However, you grant Kyllr Labs a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, store, reproduce, distribute, transmit, display, modify, adapt, analyze, process, and create derivative works from that content as necessary or useful for any purpose permitted under these Terms and applicable law.

You are solely responsible for ensuring that you have all rights, notices, permissions, and consents needed to submit content, upload files, process personal data, contact recipients, run surveys, send campaigns, or otherwise use the Services in compliance with applicable law.

7. Prohibited Uses

You may not use the Services to violate law, infringe rights, upload malicious code, interfere with system integrity, access data without authorization, send unlawful or deceptive communications, impersonate others, or submit content that Kyllr Labs reasonably determines is abusive, harmful, fraudulent, infringing, or otherwise objectionable.

8. Third-Party Services

The Services may rely on or integrate with third-party providers, including telephony providers, AI providers, storage providers, analytics providers, and infrastructure providers. We are not responsible for third-party services, outages, policies, or content, and your use of integrated third-party functionality may also be subject to third-party terms.

9. No Emergency Services; No Professional Advice

The Services are not emergency services and are not a substitute for 911, emergency response, legal advice, financial advice, medical advice, or other professional services. Do not rely on the Services for urgent or life-critical matters.

10. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR SUITABLE FOR YOUR PARTICULAR NEEDS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KYLLR LABS AND ITS OWNERS, AFFILIATES, PERSONNEL, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS, GOODWILL, BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF KYLLR LABS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US $100) OR THE AMOUNT YOU PAID TO KYLLR LABS FOR THE APPLICABLE SERVICES IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to defend, indemnify, and hold harmless Kyllr Labs and its owners, affiliates, personnel, contractors, licensors, and service providers from and against any claims, losses, liabilities, damages, judgments, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Services, your content, your communications, your uploaded files, your campaigns, your data practices, or your violation of these Terms or applicable law.

13. Governing Law and Venue

These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-laws principles. Unless applicable law requires otherwise, any dispute arising out of or relating to these Terms or the Services must be brought exclusively in the state or federal courts located in Cook County, Illinois, and you consent to personal jurisdiction and venue there.

14. Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, restructuring, sale of assets, or by operation of law.

15. Contact

If you have questions about these Terms, contact Kyllr Labs through the contact methods made available through the Services.