Agreement to our legal terms

We are Klem AI. ("Company," "we," "us," or "our").

We operate the website https://klem.io (the "Site"), along with a suite of AI-powered copilot services, voice assistants, automation tools, and related software (collectively, the "Services").

You can contact us at hello@klem.io.

These Legal Terms constitute a binding agreement between you, whether individually or on behalf of an entity ("you"), and Klem AI. By accessing or using our Services, you agree to be bound by these Legal Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST STOP USING OUR SERVICES IMMEDIATELY.

We may update these Terms from time to time, with the updated version posted on this page and a revised "Last updated" date. Continued use of the Services after any changes constitutes your acceptance.

The Services are intended for users who are at least 18 years old. You may not use the Services if you are under 18.

We recommend printing a copy of these Legal Terms for your records.

1. OUR SERVICES

Klem AI provides a suite of tools designed to automate and optimize customer engagement processes. These Services include, but are not limited to, AI voice assistants, lead generation systems, email communication platforms, and other workflow automation technologies. Our Services are built to enhance user productivity, reduce operational inefficiencies, and provide scalable solutions for businesses and individuals.

As a user of the Services, you are solely responsible for ensuring that your use complies with all applicable local, national, and international laws and regulations. You agree not to use the Services in any way that infringes upon or misappropriates the rights of third parties, including but not limited to intellectual property rights, data privacy rights, or contractual rights.

We reserve the right to update, modify, suspend, or discontinue the Services (or any part thereof) at any time without notice. We are not liable to you or any third party for any such modification or discontinuation.

2. INTELLECTUAL PROPERTY RIGHTS

All content available through the Services—including but not limited to text, graphics, user interfaces, visual interfaces, photographs, logos, trademarks, sounds, music, artwork, and computer code (collectively, the "Content")—is owned by or licensed to Klem AI and is protected by intellectual property laws. This includes all design, structure, selection, coordination, expression, and arrangement of such Content.

Except as expressly provided in these Terms, no part of the Services or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written permission. You may not reverse engineer, decompile, disassemble, or attempt to discover the source code or algorithms of any portion of the Services.

Use of our intellectual property in violation of these Terms will constitute a breach and may result in suspension or termination of your access, in addition to legal remedies available to us under applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you are at least 18 years old; (2) you have the legal capacity to enter into these terms; (3) your use of the Services complies with all laws.

4. USER REGISTRATION

By using the Services, you affirm and warrant that: (1) you are at least 18 years of age; (2) you have the legal capacity and authority to enter into and be bound by these Terms; (3) your use of the Services will not violate any applicable law, regulation, or third-party right; and (4) you will provide accurate and complete information when required and maintain the accuracy of such information.

You further agree that you will not use the Services for any unlawful, deceptive, fraudulent, or harmful purpose. Klem AI reserves the right to monitor user activity and to take any appropriate legal action against individuals or entities who misrepresent themselves or violate these representations.

We may suspend or terminate your access to the Services if we believe that you have made false representations or are otherwise using the Services in a manner that is inconsistent with these Terms.

5. PURCHASES AND PAYMENT

If you choose to purchase any paid Services, you agree to provide accurate, current, and complete payment and billing information. You authorize Klem AI to charge your provided payment method for all applicable fees associated with your selected plan or service. Payments are due at the time of purchase or according to the billing cycle outlined in your subscription plan.

Unless explicitly stated otherwise, all payments are non-refundable. This includes situations where you fail to use the Services or cancel your plan before the end of your billing cycle. You acknowledge that you may be subject to additional terms and conditions of our third-party payment processors.

We reserve the right to modify pricing or introduce new fees with prior notice, and your continued use of the paid Services after such notice constitutes acceptance of the updated fees.

6. CANCELLATION

You have the right to cancel your subscription or any paid Service at any time by following the instructions provided within your account settings or by contacting us directly. Upon cancellation, your access to the paid Service will continue until the end of your current billing cycle, at which point it will terminate without further charges.

Please note that cancellations do not entitle you to a refund for any fees already paid, unless explicitly stated in a specific promotion, offer, or separate agreement. We do not prorate unused time in a billing cycle.

We reserve the right to suspend or terminate your access to the Services, with or without notice, if we reasonably believe that you have violated these Terms, engaged in fraudulent or abusive behavior, or if your actions may cause harm to other users or the integrity of the platform. Termination for cause will not entitle you to any refund or compensation.

7. PROHIBITED ACTIVITIES

You agree to use the Services only for lawful purposes and in accordance with these Terms. You are strictly prohibited from engaging in any activity that:

• Involves unauthorized data mining, scraping, or harvesting;

• Uses the Services to send spam, phishing attempts, or abusive communications;

• Attempts to interfere with, disrupt, or compromise the integrity or security of the Services;

• Reverse engineers, decompiles, or bypasses any security features or authentication mechanisms;

• Violates any applicable law, regulation, or third-party right.

Any attempt to exploit or abuse the Services will result in immediate termination of access and may subject you to civil or criminal liability. We reserve the right to investigate and take legal action against any user who violates this section, including reporting such activity to law enforcement authorities.

8. USER GENERATED CONTRIBUTIONS

The Services may allow you to submit, upload, or transmit feedback, suggestions, content, or other materials ("User Contributions"). By submitting any such materials, you represent and warrant that you have the necessary rights and permissions to do so and that your contributions do not violate any law or third-party rights, including intellectual property or privacy rights.

You agree that your contributions will not be offensive, misleading, defamatory, obscene, or otherwise objectionable, and that they will not contain malware, advertisements, or unsolicited promotional material.

While we do not claim ownership over your User Contributions, by submitting them through our Services, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, display, perform, distribute, and adapt your content as necessary for operating and improving our Services.

9. CONTRIBUTION LICENSE

You retain all intellectual property rights in and to your User Contributions. However, by uploading or submitting content to the Services, you grant us a perpetual, irrevocable, transferable, sublicensable, worldwide license to host, store, modify, publicly perform, publicly display, reproduce, and distribute such content in connection with our Services and business operations.

This license extends to all formats, media, and distribution methods now known or later developed and includes the right for us to make your content available to third parties where appropriate for service functionality or promotion. You acknowledge that you will not receive any compensation for the use of your content under this license.

You waive any moral rights or similar rights you may have in your content to the fullest extent permitted by law.

10. GUIDELINES FOR REVIEWS

If the Services allow you to post reviews, testimonials, or similar content, you agree to provide only truthful and accurate feedback based on your genuine experience. Reviews must not include any false, defamatory, misleading, or inappropriate language, and must not be submitted in exchange for compensation or other incentives unless explicitly disclosed.

We reserve the right to monitor, edit, or remove any reviews that we determine, in our sole discretion, to violate these Terms, applicable law, or community standards. We may also disable access to reviews or comment features without prior notice, if necessary to maintain the integrity of the Services or to comply with legal obligations.

You are solely responsible for the content of your reviews, and we assume no liability for any loss or damage resulting from such content being posted or relied upon by other users.

11. SOCIAL MEDIA

The Services may include features that allow you to connect or interact with third-party social media platforms such as Facebook, X (formerly Twitter), LinkedIn, Instagram, or others. These integrations may allow you to share content, post updates, or log into our Services using your social media credentials. By linking your social media account, you grant us permission to access certain information from that account, consistent with your privacy settings on the third-party platform.

Your use of any social media platform in connection with our Services is governed by the respective terms of use and privacy policies of those third parties. We do not control and are not responsible for the practices or content of any social media platform, including any data handling or sharing policies.

You acknowledge and agree that any interactions or disputes between you and a social media service provider are solely between you and that third party, and we disclaim any liability arising from or relating to such interactions.

12. THIRD-PARTY WEBSITES AND CONTENT

Our Services may contain links to third-party websites, services, or content that are not owned or controlled by Klem AI. These third-party resources are provided solely as a convenience to you, and their inclusion does not imply endorsement or approval by us. You access such third-party content at your own risk.

We are not responsible for the accuracy, completeness, legality, or availability of any third-party materials. Furthermore, we make no warranties or representations regarding any third-party websites, and we assume no liability for any damages or loss caused by your use or reliance on such content or services.

Your use of third-party websites is governed by the terms and policies of those external platforms. You should review those terms carefully before engaging with third-party content linked through our Services.

13. SERVICES MANAGEMENT

We reserve the right, but are not obligated, to monitor the Services for violations of these Terms. We may take appropriate legal or administrative action in response to suspected misconduct, including reporting users to law enforcement authorities. We may also suspend, restrict, or terminate access to the Services, or any portion thereof, without notice, for conduct that we determine in our sole discretion to be harmful, unlawful, or otherwise contrary to the spirit and intent of these Terms.

We further reserve the right to manage and update the functionality and availability of the Services at our discretion. This may include the removal of outdated or unused features, updates to user interfaces, or changes to service scope and pricing.

You acknowledge that we are not liable for any losses or disruptions that may result from our management of the Services, including any action taken to enforce compliance with these Terms.

14. PRIVACY POLICY

Your use of our Services is subject to the terms of our Privacy Policy, which is incorporated by reference into these Terms. The Privacy Policy outlines how we collect, use, store, and protect your personal information when you access or interact with our Services.

By using the Services, you acknowledge that you have read and understood our Privacy Policy and agree to the collection and use of your data in accordance with it. If you do not agree with any part of our data practices, you must cease use of the Services immediately.

We encourage you to review the Privacy Policy periodically, as we may update it from time to time in accordance with evolving legal or operational requirements.

15. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others and expect users of our Services to do the same. If you believe that any content or material on the Services infringes upon your copyright or the rights of another party, you may submit a written notification to us at hello@klem.io, including sufficient detail to identify the alleged infringement.

In accordance with applicable copyright laws, we will respond promptly to valid notices of alleged infringement and may remove or disable access to the infringing content. We may also, in appropriate circumstances, terminate the accounts of repeat infringers.

Please note that knowingly submitting false claims of infringement may subject you to liability for damages, including legal fees. We reserve the right to seek legal remedies in such cases.

16. TERM AND TERMINATION

These Terms shall remain in full force and effect while you continue to access or use the Services. Either party may terminate this agreement at any time for any reason by providing written notice. You may terminate by ceasing all use of the Services and deleting your account, if applicable. We may terminate or suspend your access immediately, with or without notice, if we determine that you have violated any provision of these Terms, engaged in unlawful behavior, or posed a risk to the integrity or security of the Services.

Upon termination, your right to access and use the Services will cease immediately. Any obligations or liabilities incurred prior to termination shall survive, including payment obligations, warranty disclaimers, indemnities, and limitations of liability.

We reserve the right to retain any data or information related to your account as necessary for legal compliance, internal recordkeeping, or operational purposes, as outlined in our Privacy Policy.

17. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time and for any reason, without notice or liability. This may include modifications to features, pricing, technical requirements, or the overall availability of the Services. We are under no obligation to maintain or support any specific version of the Services and may update or remove functionalities at our discretion.

While we strive to provide reliable and uninterrupted access, we cannot guarantee continuous availability. You acknowledge that from time to time the Services may be inaccessible due to scheduled maintenance, technical issues, or other interruptions beyond our control. We shall not be liable to you or any third party for any interruption, delay, or inability to access or use the Services, regardless of cause.

It is your responsibility to ensure that your systems are compatible with any changes or updates we implement.

18. GOVERNING LAW

These Terms and your use of the Services are governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law principles. This applies to all matters arising out of or relating to these Terms, including but not limited to the validity, construction, interpretation, and enforcement thereof.

You agree that any legal action, suit, or proceeding arising out of or relating to these Terms shall be instituted exclusively in the courts located in Kenya, unless otherwise required by applicable arbitration provisions outlined herein.

You waive any objection based on lack of jurisdiction, improper venue, or forum non conveniens in any such legal action.

19. DISPUTE RESOLUTION

In the event of any dispute, claim, or controversy arising out of or relating to these Terms, the parties agree to first attempt to resolve the matter amicably through good-faith negotiations. If the dispute cannot be resolved within thirty (30) days, it shall be submitted to binding arbitration in accordance with the laws and rules of the Republic of Kenya.

The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties. If the parties cannot agree on an arbitrator, one shall be appointed in accordance with Kenyan arbitration laws. The proceedings will take place in Kenya and be conducted in English, unless otherwise agreed in writing.

Each party shall bear its own costs in the arbitration, but the prevailing party may be entitled to reasonable attorneys’ fees and costs as determined by the arbitrator. Arbitration shall be the exclusive remedy for dispute resolution, except for matters that qualify for injunctive or equitable relief.

20. CORRECTIONS

We make every effort to ensure that the information provided through the Services is complete, accurate, and up to date. However, there may be times when the Services contain typographical errors, inaccuracies, or omissions, including but not limited to service descriptions, pricing, availability, or other content.

We reserve the right to correct any such errors or inaccuracies at any time without prior notice, and to update or amend the content to reflect current information. We do not warrant the completeness, accuracy, or reliability of any information made available through the Services.

We are not liable for any damages or consequences resulting from reliance on inaccurate or outdated information presented on the Site or any part of the Services.

21. DISCLAIMER

The Services are provided on an "as-is" and "as-available" basis. To the fullest extent permitted by law, Klem AI disclaims all warranties, express or implied, in connection with the Services and your use thereof. This includes, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

We do not guarantee that the Services will be error-free, secure, uninterrupted, or meet your specific requirements. We make no warranties regarding the accuracy, reliability, or completeness of any content or information provided through the Services. Your use of the Services is at your sole risk.

We disclaim any liability for any harm or damage caused by viruses, malware, unauthorized access, data breaches, or other technologically harmful material that may infect your computer systems or devices through your use of the Services.

22. LIMITATIONS OF LIABILITY

To the maximum extent permitted by applicable law, Klem AI and its affiliates, officers, employees, agents, and licensors shall not be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Services. This includes, but is not limited to, damages for loss of profits, revenue, data, goodwill, or other intangible losses, whether based in contract, tort, strict liability, or otherwise.

Our total liability to you for any claim arising out of or relating to the Services shall not exceed the amount you paid to us, if any, during the twelve (12) months preceding the claim. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you in such cases.

You acknowledge and agree that this limitation of liability reflects a reasonable allocation of risk between you and Klem AI and is a fundamental element of the basis of the bargain between us.

23. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Klem AI, its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors from and against any claims, liabilities, damages, losses, obligations, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of or access to the Services; (b) your violation of any provision of these Terms; (c) your violation of any third-party right, including intellectual property, data protection, or privacy rights; or (d) any content you submit or transmit through the Services.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of such claims. This obligation shall survive the termination or expiration of these Terms and your use of the Services.

24. USER DATA

We maintain certain data that you transmit to the Services for the purpose of managing the functionality and operation of the Services, as well as for analytics and performance optimization. While we implement industry-standard security measures to protect user data, we do not guarantee that there will be no loss, corruption, or unauthorized access to your data.

You are solely responsible for backing up and maintaining copies of any data or content that you submit or store through the Services. We shall not be held liable for any loss, deletion, or damage to your data, whether resulting from system failures, maintenance, errors, or other causes.

Please refer to our Privacy Policy for more details on how we collect, store, and manage your data.

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By using the Services, you consent to receive communications from us electronically. This includes, but is not limited to, email communications, notices, agreements, disclosures, and other information related to your use of the Services. You agree that all communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

You also consent to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed through the Services. You waive any rights or requirements under any statutes, regulations, or other laws in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records.

This section applies to all interactions between you and Klem AI and will remain in effect even after your relationship with us has ended.

26. INTERNATIONAL USERS

The Services are controlled and operated by Klem AI from within the Republic of Kenya. Although the Services may be accessible worldwide, we make no representation that the Services or their content are appropriate or available for use in locations outside Kenya. Users who access the Services from other jurisdictions do so on their own initiative and are responsible for compliance with local laws and regulations, to the extent they are applicable.

If you are accessing the Services from a country with laws or regulations governing personal data collection, use, or disclosure that differ from those in Kenya, you acknowledge and agree that your information will be transferred to and processed in Kenya. By using the Services, you consent to the transfer, storage, and processing of your data in accordance with our Privacy Policy and Kenyan law.

We reserve the right to limit the availability of the Services, in whole or in part, to any person, geographic area, or jurisdiction, at any time and in our sole discretion.

27. MISCELLANEOUS

These Terms, along with our Privacy Policy and any other legal notices or agreements published by us, constitute the entire agreement between you and Klem AI concerning the Services. They supersede any prior or contemporaneous communications, whether oral or written, between you and us.

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from the rest of the Terms and shall not affect the validity and enforceability of the remaining provisions.

Our failure to enforce any right or provision under these Terms shall not be construed as a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Klem AI.

You may not assign or transfer your rights and obligations under these Terms without our prior written consent. We may freely assign or transfer these Terms without restriction.

28. RIGHT TO TERMINATE ACCOUNT

We reserve the right, at our sole discretion, to suspend, deactivate, or permanently terminate your account and access to the Services at any time and for any reason, including but not limited to violations of these Terms, suspected fraudulent activity, abuse of the Services, or failure to pay any fees owed.

Termination may result in the deletion of your account, associated content, and data. We are not liable for any damages or losses resulting from such termination, including any impact on your business or personal operations. Where appropriate or required by law, we may notify you in advance of termination and offer an opportunity to remedy the situation.

You acknowledge that we are not obligated to retain any of your data or content following termination, and it is your responsibility to back up any necessary information prior to account deactivation.

29. HOLD HARMLESS

You agree to hold Klem AI, its affiliates, officers, employees, and agents harmless from and against all claims, damages, losses, liabilities, judgments, costs, and expenses (including legal fees and costs) arising out of or related to your breach of these Terms, your violation of any applicable laws or regulations, your infringement of any intellectual property or other rights of a third party, or your misuse of the Services.

This hold harmless provision is in addition to, and not a substitute for, any other indemnification obligations set forth in these Terms. It shall survive termination of your account and/or your use of the Services.

30. CONTACT US

If you have any questions, concerns, or complaints regarding these Terms, the Services, or our policies, or if you need further assistance, you may contact us using the following details:

Email: hello@klem.io

We aim to respond to all inquiries promptly and strive to resolve any concerns in a fair and efficient manner.