Terms and Conditions
These are the Terms and Conditions governing the use of Klaient and the Agreement that operates between You (the "User") and Klaientech Inc. (“Klaient”). By creating an account, subscribing to Klaient, or otherwise using the Service, you ("Customer," "you") agree to these Terms. If you are accepting these Terms on behalf of a business, you confirm you have authority to bind that business.
Please also review our Privacy Policy, which explains how we collect and use data and is incorporated into these Terms by reference.
1. Provision and Access
Company will make the Company Platform available to Customer. Subject to the terms and conditions of this Agreement, Company hereby grants Customer the limited, non-exclusive, non-transferable, non-sublicenseable right to access and use the Company Platform solely for Customer’s internal business purposes.
2. Eligibility and Account Registration
To use Klaient, you must:
- Be at least 18 years old and have authority to enter into a binding agreement on behalf of your business
- Provide accurate, current registration information
- Be responsible for maintaining the confidentiality of your account credentials and for all activity under your account
Klaient may refuse service, suspend, or terminate accounts at its discretion, including where we reasonably believe these Terms have been violated.
3. Managers, Consultants, and Consultant Seats
3.1 Roles
A "Manager" is the individual who creates a Customer account, manages billing, and invites Consultants. A "Consultant" is an individual invited by a Manager to connect their Business conversations to Klaient.
3.2 Consultant Seats
Klaient is billed per Consultant seat. A seat represents capacity for one Consultant to be connected to the Service. Managers may increase seats at any time through the billing page; increasing seats takes effect immediately and is billed on a prorated basis for the remainder of the billing period.
3.3 Customer Responsibility for Consultants
The Customer is solely responsible for: (a) obtaining any consent or providing any notice required by applicable law before connecting a Consultant's business number to Klaient; (b) ensuring Consultants are informed that their business conversations will be analyzed for quality, coaching, and performance purposes; and (c) its relationship with, and any employment-related obligations toward, its Consultants. Klaient is not a party to that relationship.
4. Customer Data
"Customer Data" means the conversation content, account information, and related data that Klaient processes on the Customer's behalf in order to provide the Service.
Customer Data belongs to the Customer. Customer grants Klaient a limited, non-exclusive right to access, process, and analyze Customer Data solely as necessary to provide and improve the Service for that Customer. Klaient will not use Customer Data to train models or provide any benefit for the benefit of any other Customer, and will not sell Customer Data to third parties.
Customer represents that it has all rights necessary to provide Customer Data to Klaient and that its use of the Service complies with applicable law, including any laws governing the recording, monitoring, or analysis of employee communications.
5. Klara and AI-Generated Content
5.1 Nature of AI Output
Klara and Klaient's daily reports use artificial intelligence, including large language models provided by third parties, to analyze conversations and generate summaries, scores, and suggested messages ("AI Output"). AI Output is generated automatically and may contain inaccuracies.
5.2 No Professional Advice
AI Output is provided for informational and coaching purposes only. It does not constitute professional, legal, financial, or other expert advice, and should not be relied upon without independent judgment.
5.3 Human Review
Customer and its Consultants are responsible for reviewing AI Output, including any suggested messages, before acting on it. Klaient is not responsible for actions taken based on AI Output.
5.4 Third-Party AI Providers
Klaient uses reputable third-party AI providers to generate AI Output. These providers process Customer Data solely to perform this function and are contractually restricted from using Customer Data to train their own models.
6. Business Messaging Platform
Klaient's Service depends on the WhatsApp Business Platform, which is provided and controlled by Meta. Customer's use of WhatsApp through Klaient is subject to Meta's own terms and policies, including its Business Messaging Policy.
Meta may change, restrict, suspend, or discontinue features of the WhatsApp Business Platform at its own discretion. Klaient is not responsible for any interruption, limitation, or change to the Service that results from actions taken by Meta or WhatsApp, though we will make commercially reasonable efforts to keep Customers informed of any material impact.
7. Fees and Payment
7.1 Subscription Fees
Fees are charged per Consultant seat, on a monthly recurring basis, as displayed at the time of purchase or as otherwise communicated to Customer. Fees are billed in advance and are non-refundable except as expressly stated in these Terms or as required by law.
7.2 Promotional Pricing
Klaient may offer discounted or promotional pricing ("Founder Pricing") for a limited period. Founder Pricing automatically expires at the end of the stated promotional period, after which standard pricing applies to the Customer's subscription without further notice, unless otherwise agreed in writing.
7.3 Payment Processing
Payments are processed by Stripe. Customer authorizes Klaient to charge the payment method on file for all applicable fees. If a payment fails, Klaient may suspend access to the Service until payment is received.
7.4 Changes to Fees
Klaient may change its fees at any time. Changes will apply to future billing periods and Klaient will provide reasonable advance notice before any change takes effect for an existing Customer.
8. Term and Termination
8.1 Term
These Terms apply for as long as Customer maintains an active subscription to the Service.
8.2 Termination by Customer
Customer may cancel its subscription at any time through the billing page. Cancellation takes effect at the end of the current billing period; no refund is provided for the remainder of a paid period.
8.3 Termination by Klaient
Klaient may suspend or terminate Customer's access to the Service, with or without cause, upon reasonable notice, or immediately in cases of suspected violation of these Terms, misuse of the Service, or non-payment.
8.4 Effect of Termination
Upon termination, Customer's right to access the Service ends. Klaient will make Customer Data available for export for a period of 30 days following termination, after which it may be deleted in accordance with our data retention practices.
9. Acceptable Use
Customer agrees not to use Klaient to:
- Send unsolicited bulk messages, spam, or violate WhatsApp's own messaging policies
- Analyze conversations it does not have the legal right to process
- Attempt to reverse engineer, copy, or resell the Service
- Interfere with the security or normal operation of the Service
- Use the Service for any illegal purpose, or to facilitate discrimination, harassment, or harm to any individual
10. Intellectual Property
Klaient retains all rights, title, and interest in the Klaient platform, including its software, design, and underlying technology. These Terms grant Customer a limited, non-exclusive, non-transferable right to use the Service for its internal business purposes only. Nothing in these Terms transfers ownership of Klaient's technology to Customer.
Customer retains all rights to its own Customer Data, as described in Section 4.
11. Confidentiality
Each party agrees to protect the other party's confidential information with the same degree of care it uses for its own confidential information, and not to disclose it to third parties except as necessary to perform its obligations under these Terms or as required by law.
12. Disclaimers
THE SERVICE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, KLAIENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KLAIENT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI OUTPUT WILL BE ACCURATE.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KLAIENT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR DATA, ARISING FROM USE OF THE SERVICE. KLAIENT'S TOTAL LIABILITY FOR ANY CLAIM ARISING UNDER THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO KLAIENT IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
14. Indemnification
Customer agrees to indemnify and hold Klaientech Inc. harmless from any claim, loss, or expense (including reasonable attorneys' fees) arising from Customer's breach of these Terms, its violation of applicable law, or its Customer Data, including any failure to obtain required consents from its Consultants or end customers.
15. Changes to These Terms
Klaient may update these Terms from time to time. If changes are material, we will provide reasonable notice, such as by email or a notice within the platform. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
16. General Provisions
16.1 Governing Law
These Terms are governed by the laws of the State of Delaware, United States of America, without regard to its conflict of laws principles.
16.2 Independent Contractors
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, or employment relationship.
16.3 Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
16.4 Assignment
Customer may not assign these Terms without Klaient's prior written consent. Klaient may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.
16.5 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between Customer and Klaient regarding the Service, and supersede any prior agreements on the same subject.
17. Contact Us
Questions about these Terms can be directed to:
Klaientech Inc.
contact@klaient.com
klaient.com