Kolby AI Terms of Service

These Terms of Service (“Terms”) govern your access to and use of Kolby AI’s software, platform, APIs, websites, and related tools (the “Service”). “Kolby,” “we,” “us,” and “our” refer to Kolby AI and its affiliates. By creating an account, clicking accept, or using the Service, you agree to these Terms.

If you are agreeing to these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity. Our Privacy Policy explains how we collect and use personal data.

1. Access and Use

1.1 Provision of Access

Subject to your compliance with these Terms and applicable plan limits, Kolby grants you a limited, non-exclusive, non-transferable right to access and use the Service for your internal business purposes—primarily, real-time sales coaching, call guidance, analytics, and QA scoring.

1.2 Inputs & Suggestions

You may provide inputs such as audio, transcripts, prompts, and metadata (“Inputs”). The Service may return real-time guidance, recommendations, analytics, or other outputs (“Suggestions”). You are responsible for evaluating Suggestions before using them. Inputs and Suggestions together are “Content”.

1.3 Model Training

We do not use your Content to train base foundation models unless an authorized admin explicitly opts in to a training program with additional terms. You can manage data-use preferences in Settings or via your Enterprise agreement.

1.4 Limitations of Suggestions

• Suggestions may be inaccurate, incomplete, or not suited to your situation.
• AI can struggle with complex reasoning and context; you remain responsible for final decisions.
• Do not treat Suggestions as legal, financial, or compliance advice.

1.5 Use Restrictions

You will not (and will not permit anyone to):

• Reverse engineer, probe, or bypass security of the Service.
• Resell, sublicense, or provide the Service to third parties without our consent.
• Use the Service to violate law, infringe rights, or harvest personal data without authorization.
• Remove proprietary notices, or create derivative works of the Service.
• Use Content to train a competing model or service without written permission.

1.6 Beta Services

We may label features as beta, preview, or pilot. Beta Services may be incomplete or change at any time, are provided “as is,” and may be subject to additional terms.

2. Eligibility

You must be at least 18 years old (or the age of majority where you live, if higher) to use the Service, and you represent that you have not been suspended from the Service previously.

3. Account Registration and Access

When you register, you must provide accurate information and keep it up to date. You are responsible for safeguarding your credentials and for all activities under your account. Notify us at security@kolbyai.com if you suspect unauthorized access.

4. Payment Terms

4.1 Paid Services

Some features require payment. Fees are shown at checkout or in an order form and are non-refundable unless required by law.

4.2 Pricing

We may update pricing and fees. We will make reasonable efforts to keep our pricing page current and may notify you of material changes. Taxes are your responsibility.

4.3 Payment Processing

We use third-party processors (e.g., Stripe) to process payments. By paying, you agree to their terms. You authorize recurring charges to the payment method on file.

4.4 Subscription Service

Subscriptions renew automatically for the same term unless cancelled. To avoid being charged for the next period, cancel at least 24 hours before renewal through your account or by contacting hi@kolbyai.com.

4.5 Add-On and Usage-Based Features

We may offer add-ons (e.g., extra seats, features) or usage-based pricing (e.g., per-minute). Such fees are billed as incurred or at the end of a billing cycle.

4.6 Delinquent Accounts

We may suspend or terminate access for overdue amounts and charge late or collection fees as permitted by law. We may delete your account if a renewal payment fails and remains unpaid.

5. Ownership and Licenses

5.1 Service

We and our licensors own all rights in the Service, including software, UI, models, and documentation. No rights are granted except as expressly stated.

5.2 Feedback

If you give feedback or suggestions, you grant us a worldwide, royalty-free right to use it without restriction.

5.3 Your Content

You retain ownership of Inputs and resulting Content. You grant us a license to host, process, transmit, and display your Content to provide and improve the Service and to comply with law and our policies.

5.4 Usage Data

We may collect and use de-identified or aggregated usage data to operate, secure, and improve the Service. Usage Data does not include your Content.

6. Third-Party Services

The Service may integrate with third-party providers (e.g., telephony, model inference, billing). Your use of third-party services is subject to their terms, and we are not responsible for them.

7. Communications

We may send you service, account, and promotional emails. You can opt out of promotional messages via unsubscribe; transactional messages will still be sent.

8. Modification of Terms

We may update these Terms. If changes are material, we’ll provide notice (e.g., email, in-app, or by updating the date above). Your continued use after changes are posted means you accept the updated Terms.

9. Termination

You may stop using the Service at any time. We may suspend or terminate access for breach of these Terms, harmful activity, or legal compliance. Sections that by nature should survive (e.g., 5, 13–17) will survive termination.

10. Modification of the Service

We may add, change, or discontinue features at any time. If we stop offering a paid Service, we’ll provide appropriate notice and, where required, a pro-rated refund of prepaid fees for unused periods.

11. Copyright Complaints

If you believe your rights were infringed, email legal@kolbyai.com with: (a) your signature, (b) identification of the copyrighted work, (c) the material’s location, (d) your contact info, (e) a good-faith statement of unauthorized use, and (f) a statement under penalty of perjury that your notice is accurate and you’re authorized to act.

12. Privacy

See our Privacy Policy for how we collect, use, and share personal data. By using the Service, you consent to those practices.

13. Indemnity

You will indemnify and hold Kolby harmless from claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your Content, your misuse of the Service, or your violation of law or these Terms.

14. Disclaimer of Warranties

THE SERVICE AND SUGGESTIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OR THAT DEFECTS WILL BE CORRECTED.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS.

OUR TOTAL LIABILITY FOR ALL CLAIMS IN ANY 6-MONTH PERIOD IS LIMITED TO THE GREATER OF: (A) AMOUNTS YOU PAID