Terms of Service - Kabware Services

1. Service Description

1.1 Platform Access

Kabware Services provides a cloud-based platform ("Platform") for creating, managing, and deploying AI-powered digital assistants. The Platform includes:

(a) Infrastructure for hosting and operating digital assistants
(b) Access to artificial intelligence models and processing capabilities
(c) Administrative tools for configuration and management
(d) Storage for files, knowledge bases, and conversation data
(e) Analytics and reporting features

1.2 Service Model

Our service operates on a Software-as-a-Service (SaaS) model. You access the Platform remotely via web browser. We retain ownership of the Platform infrastructure, software, and underlying technology. You retain ownership of your data and configurations.

1.3 Subscription Plans

Services are provided on a subscription basis with defined usage quotas and features per plan tier (Starter, Professional, Business). Enterprise and Government plans are available with custom pricing and features. Plans are billed monthly or annually as selected during signup.

2. Usage Limits and Quotas

2.1 Plan-Based Quotas

Each subscription plan includes specific usage quotas:

(a) Maximum number of digital assistants
(b) Maximum number of user accounts
(c) Maximum file storage capacity (measured in MB/GB)
(d) Maximum AI token usage per month (measured in tokens processed)
(e) Maximum number of vector stores

2.2 Quota Enforcement

We monitor your usage in real-time. When you approach quota limits (75%, 90%), we will notify you via email. Upon reaching 100% of any quota:

(a) We may temporarily restrict the specific function (e.g., creating new assistants, uploading files)
(b) You will be prompted to upgrade your plan or pay overage fees
(c) Existing assistants and services continue operating without interruption

2.3 Overage Charges

If you exceed plan quotas, overage charges apply:

(a) Additional team members: £12 per user per month
(b) Additional assistant slots: £60 per assistant per month
(c) Additional AI tokens: £1.50 per 100,000 tokens
(d) Additional storage: £4 per 10GB per month

Overages are billed at the end of your billing cycle. You can upgrade your plan at any time to avoid overage charges.

2.4 Fair Use Policy

You agree to use the Platform reasonably and in accordance with fair use principles. We reserve the right to investigate unusual usage patterns that may indicate abuse, such as:

(a) Excessive API calls designed to circumvent quota limits
(b) Sharing account credentials across multiple organizations
(c) Using the Platform for cryptocurrency mining or similar activities
(d) Automated scraping or data extraction at scale

If we determine your usage violates fair use, we may suspend service pending investigation.

3. Billing and Payment

3.1 Subscription Fees

You agree to pay all fees associated with your selected plan. Fees are charged in advance on a monthly or annual basis as selected.

3.2 Payment Methods

We accept major credit cards and ACH transfers (Enterprise plans only). You authorize us to charge your payment method on file for:

(a) Monthly or annual subscription fees
(b) Overage charges incurred during the billing period
(c) Optional services purchased (consulting, additional features)

3.3 Fee Changes

We may change our fees with 30 days' advance notice. Fee changes apply at your next billing cycle. Continuing to use the service after the notice period constitutes acceptance of new fees.

3.4 Failed Payments

If a payment fails, we will:

(a) Retry the charge up to 3 times over 10 days
(b) Notify you via email of the failed payment
(c) If payment remains unsuccessful after 10 days, suspend your account

Suspended accounts retain data for 30 days. After 30 days, we may delete your data permanently.

3.5 Refund Policy

Subscription fees are non-refundable. If you cancel during a billing period, you retain access until the end of that period, but no prorated refunds are provided.

Exception: If we fail to meet our stated SLA uptime guarantee (Enterprise plans only), you may request service credits as defined in your SLA agreement.

4. Data Ownership and Usage

4.1 Your Data

You retain all ownership rights to data you upload, create, or generate through the Platform, including:

(a) Files and documents used for assistant training
(b) Assistant configurations and prompts
(c) Conversation data and transcripts
(d) User account information

We claim no intellectual property rights over your data.

4.2 Our Data

Kabware Services retains ownership of:

(a) The Platform software, infrastructure, and technology
(b) Usage analytics and aggregate statistics
(c) Service improvements derived from usage patterns
(d) Proprietary algorithms and models

4.3 Data Usage by Kabware

We use your data only to:

(a) Provide and improve the Platform services
(b) Generate aggregate, anonymized analytics
(c) Comply with legal obligations
(d) Communicate with you about your account

We do NOT:

(a) Sell your data to third parties
(b) Use your data to train AI models for other customers
(c) Share your data except as required by law

4.4 Third-Party AI Providers

Our Platform uses third-party AI services (primarily OpenAI). Your data is processed by these providers solely to deliver the service. We have agreements with these providers prohibiting them from using your data to train their models or for any purpose other than providing service to you.

Reference: OpenAI Enterprise Privacy Policy

5. Data Security and Privacy

5.1 Security Measures

We implement industry-standard security measures including:

(a) Encryption in transit (TLS 1.3) and at rest (AES-256)
(b) Role-based access controls
(c) Regular security audits and penetration testing
(d) Automated backup and disaster recovery
(e) SOC 2 Type II compliance (in progress)

5.2 Your Responsibilities

You are responsible for:

(a) Maintaining confidentiality of your account credentials
(b) Restricting access to authorized users only
(c) Promptly notifying us of any security breaches
(d) Using strong passwords and enabling two-factor authentication

5.3 Data Breach Notification

If we experience a data breach affecting your data, we will notify you within 72 hours and provide details of the incident and remediation steps.

5.4 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy. By using the service, you consent to the practices described in the Privacy Policy.

6. Acceptable Use

6.1 Prohibited Uses

You agree NOT to use the Platform for:

(a) Illegal activities or violation of any laws
(b) Generating spam, phishing, or malicious content
(c) Impersonating others or providing false information
(d) Harassment, hate speech, or inciting violence
(e) Infringing intellectual property rights
(f) Circumventing security measures or usage limits
(g) Reverse engineering the Platform
(h) Reselling Platform access without authorization

6.2 Content Moderation

We may review content generated by your assistants to ensure compliance with these Terms. We reserve the right to disable assistants that violate acceptable use policies.

6.3 Consequences of Violation

Violations may result in:

(a) Warning and request to remedy
(b) Temporary suspension of service
(c) Permanent account termination
(d) Legal action if warranted

We will provide notice before termination except in cases of severe violations or legal requirements.

7. Service Availability and Support

7.1 Uptime Guarantee

We target the following uptime levels:

Starter: 99.5% monthly uptime
Professional: 99.9% monthly uptime
Business: 99.9% monthly uptime
Enterprise & Government: 99.95% monthly uptime (with SLA credits)

Uptime excludes scheduled maintenance windows.

7.2 Scheduled Maintenance

We conduct regular maintenance during low-traffic periods (typically Sunday 2am-6am EST). We provide 7 days advance notice for planned maintenance.

7.3 Support Response Times

Support response times vary by plan:

Starter: 24-48 hours (business days)
Professional: 12-24 hours (business days)
Enterprise: 4 hours for critical issues

7.4 No Guarantee of Specific Features

We continuously improve the Platform but make no guarantee about specific features, functionality, or performance beyond what's explicitly stated in your plan.

8. Account Termination and Data Retention

8.1 Termination by You

You may cancel your subscription at any time by:

(a) Logging into your account and selecting "Cancel Subscription"
(b) Emailing billing@kabware.co.uk with your cancellation request

Cancellation takes effect at the end of your current billing period. No refunds for unused time.

8.2 Termination by Us

We may terminate your account if:

(a) Payment fails and remains unresolved for 30 days
(b) You violate these Terms materially
(c) We discontinue the Platform (with 90 days notice)
(d) Required by law

8.3 Data Retention After Termination

Upon termination:

(a) You have 30 days to export your data
(b) We retain your data for 30 days in case you reactivate
(c) After 30 days, we permanently delete your data

Exception: We may retain anonymized usage data for analytics and logs for legal/compliance purposes.

8.4 Data Export

You can export your data at any time through the Platform or by requesting an export from support@kabware.co.uk. We provide data in JSON format.

9. Limitation of Liability

9.1 Service "As-Is"

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.2 No Liability for AI Outputs

We are not liable for content generated by digital assistants, including:

(a) Inaccurate or misleading information
(b) Offensive or inappropriate content
(c) Business decisions based on assistant outputs
(d) Damages resulting from reliance on AI-generated content

You are responsible for reviewing and validating all AI outputs before acting on them.

9.3 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KABWARE SERVICES' TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.

9.4 Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or third-party service failures.

10. Changes to Terms

We may modify these Terms at any time. Changes will be effective 30 days after posting the updated Terms on our website and notifying you via email.

Your continued use of the Platform after the effective date constitutes acceptance of the modified Terms. If you do not agree to the changes, you may terminate your account before the effective date.

11. Governing Law and Disputes

11.1 Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts in that location.

11.2 Dispute Resolution

In the event of any dispute, you agree to first attempt informal resolution by contacting legal@kabware.co.uk. If unresolved within 30 days, either party may pursue arbitration or litigation.

11.3 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class action lawsuits.

12. Miscellaneous

12.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable SLA, constitute the entire agreement between you and Kabware Services.

12.2 Assignment

You may not transfer or assign your rights under these Terms without our written consent. We may assign our rights to any successor or affiliate.

12.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

12.4 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

12.5 Contact

If you have any questions about these Terms, please contact us at: legal@kabware.co.uk