Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Klivo, a brand of Fidevia Technologies, a partnership firm ("Klivo", "we", "us", or "our"). They govern your access to and use of our website, platform, and related services (together, the "Services"). By accessing or using the Services, by clicking to accept these Terms, or by entering into an order or agreement that references them, you agree to be bound by these Terms. If you are agreeing on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" refers to that organization. If you do not agree, do not use the Services. Where you and Klivo have signed a separate master agreement or order form for the Services, that agreement governs and these Terms fill any gaps not addressed there. Please read these Terms carefully, as they include disclaimers, limitations of our liability, and a binding arbitration provision.

1. The Services

Klivo builds and deploys enterprise agentic AI, including chat, voice, video avatar, and autonomous workflow agents, and provides related deployment, integration, and support services. We may provide documentation, developer tools, APIs, and other materials as part of the Services. Your access to and use of the Services, including any updates, improvements, or new features, is governed by these Terms unless we have provided a specific component under separate terms, in which case those terms apply to that component.

2. Eligibility and accounts

You must be at least 18 years old and able to form a binding contract to use the Services. If the Services require an account, you must provide accurate, current, and complete information and keep it up to date. You are solely responsible for safeguarding your account credentials and for all activity that occurs under your account, whether or not authorized by you. Notify us immediately at support@getklivo.com if you suspect unauthorized use. You may not use another person's account, share your credentials, or let anyone else use your account. We are not liable for any loss arising from unauthorized use of your account, and you may be liable for losses we or others incur as a result. We may terminate accounts that are unpaid or inactive for more than 90 days, and on such termination associated data may be deleted.

3. Your data and ownership

As between you and Klivo, you own the data, content, and materials you or your users submit to or generate through the Services ("Customer Data"). You grant us a worldwide, non-exclusive license to host, process, transmit, and use Customer Data to provide, secure, maintain, support, and improve the Services, and as instructed by you under our agreement. We do not sell your Customer Data and we do not use it to serve third-party advertising. You are solely responsible for the accuracy, quality, and legality of Customer Data and for having all rights and consents needed to provide it to us and to authorize our processing. Where we process personal data on your behalf, we act as a processor and you act as the controller, governed by our Privacy Policy and any applicable data processing agreement.

4. Aggregate data, analytics, and feedback

We may generate and use aggregated, anonymized, or de-identified data derived from operation of the Services, including usage statistics and performance data, provided it does not identify you or any individual ("Aggregate Data"). As between the parties, we own all Aggregate Data and all analytics, models, and improvements we derive from operating the Services, and we may use them for any lawful business purpose, including improving and developing our products and services. If you provide us any feedback, suggestions, or ideas about the Services, we may use them freely and without any obligation, attribution, or compensation to you, and you assign to us any rights you may have in such feedback.

5. License and restrictions

Grant of License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business purposes only. You agree not to, and not to permit others to:

• Use the Services in violation of any applicable law, regulation, or third-party right.
• Resell, sublicense, rent, lease, or redistribute the Services, or make them available to any third party, except as expressly permitted in a signed agreement.
• Reverse engineer, decompile, disassemble, or attempt to extract source code from the Services, except to the extent that restriction is prohibited by law.
• Copy, modify, or create derivative works of the Services or any part of them.
• Probe, scan, or test the vulnerability of the Services, or breach or circumvent any security or authentication measure.
• Interfere with or disrupt the Services, servers, or networks, or impose an unreasonable load on our infrastructure.
• Access the Services by automated means, or scrape or extract data, except through interfaces we expressly provide.
• Introduce malware, or upload or transmit anything unlawful, infringing, defamatory, obscene, or harmful.
• Impersonate any person or entity, or misrepresent your affiliation.
• Use the Services to send unsolicited or unlawful communications, or in violation of applicable anti-spam, telemarketing, or Do Not Call rules.
• Remove or alter any proprietary notices, or use our trademarks or branding without our prior written consent.

Rights Reserved

The Services are licensed, not sold. We reserve all rights not expressly granted.

6. AI-generated output

Nature of AI Output

Parts of the Services use artificial intelligence and machine learning to produce results ("Output") in response to inputs ("Prompts"). Given the probabilistic nature of AI, Output may be inaccurate, incomplete, or may not reflect real people, places, or facts.

Your Responsibility and Verification

You should not rely on the factual accuracy of Output without independent review appropriate to your use case. Where human review is not practical, you are responsible for giving your users adequate notice of the limitations of AI features, including that Output should be independently verified and may contain content some users find objectionable. You are solely responsible for how you use Output, including ensuring your use complies with applicable law and these Terms. We make no assurances regarding the accuracy or reliability of Output, and you use the AI features entirely at your own risk.

7. Voice, video, and messaging services

General Compliance and Liability Disclaimer

Where the Services include outbound calling, voice, video avatar, or messaging (SMS/MMS) features, you are solely responsible for your use of those features and for compliance with all applicable laws, including consent, telemarketing, Do Not Call, and know-your-customer requirements. We disclaim all liability relating to third-party carriers and aggregators, including system capacity, message throughput, delivery, and any per-message fees they charge, which we may invoice to you.

Permissions and Indemnification

You are solely responsible for obtaining all necessary permissions, releases, and consents for any voice, likeness, or content you clone or generate using the Services, and you will indemnify us against all claims arising from voice or content you generate. For customers using voice or calling features in India, you are responsible for compliance with all applicable regulatory and licensing requirements, for maintaining your user database against the National Do Not Call Register, and for cooperating with any lawful enquiry or investigation by competent authorities, and you will indemnify us and the relevant third-party service providers against any resulting claims.

8. Healthcare data and HIPAA

The Services have not been independently assessed against HIPAA, and we do not represent that the Services meet HIPAA requirements by default. You must not submit protected health information (PHI) to the Services unless you have a Business Associate Agreement (BAA) in place with Klivo that expressly covers such use. If you submit PHI without a signed BAA, you do so at your own risk and in breach of these Terms, and you are solely responsible for any resulting liability. Where a BAA is in place, the terms of that BAA govern the handling of PHI.

9. Third-party services and integrations

The Services may integrate with or link to third-party products, platforms, and services, including messaging platforms, CRMs, cloud providers, and payment processors. Your use of any third-party service is governed by that third party's own terms and policies, which may change at their discretion. We are not responsible or liable for third-party services, their content, availability, or practices, and inclusion of a link or integration is not an endorsement. You access third-party services at your own risk. We may suspend or discontinue any integration at any time, including if a third-party provider changes, suspends, or ends the underlying service, or if you fail to comply with the third party's policies, in each case without liability to you.

10. Fees and payment

Where the Services are provided for a fee, you agree to pay all fees set out in the applicable order form or subscription, on the stated billing cycle. Unless a signed agreement states otherwise: fees are non-refundable in all cases, including for unused Services and regardless of any cancellation; subscriptions renew automatically unless cancelled in advance as specified in your order; and you must raise any billing dispute within a reasonable time of the invoice or you waive it. If you terminate other than for our uncured material breach, you remain liable for the fees for the remainder of the then-current term. We may suspend the Services for non-payment. Pricing is set out only in an order form or signed agreement and is not agreed over general correspondence. Taxes are your responsibility except for taxes on our income.

11. Intellectual property

The Services, including all software, models, interfaces, documentation, designs, text, graphics, the Klivo name and logo, and all related intellectual property, are owned by Klivo or its licensors and are protected by law. Except for the limited license expressly granted to you, we reserve all rights, and no rights are granted by implication or estoppel. You may not use our trademarks, logos, or proprietary information without our prior written consent.

12. Confidentiality

Each party may receive non-public, proprietary information of the other ("Confidential Information"). The receiving party will protect the other party's Confidential Information with at least a commercially reasonable degree of care, use it only to exercise its rights and perform its obligations under these Terms, and disclose it only to those who need it and are bound by confidentiality obligations. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was already known to it, is received from a third party without restriction, or is independently developed. If legally compelled to disclose Confidential Information, the receiving party will, where lawful, give the other party notice and a chance to seek protection.

13. Free, trial, and beta features

We may offer parts of the Services free of charge, or as a trial, evaluation, or beta feature ("Trial and Beta Features"). Trial and Beta Features are provided "AS IS", may be changed or withdrawn at any time, and carry no warranty, indemnity, support, or service-level commitment of any kind. You may use them only to evaluate the Services and not for production reliance or competitive analysis. We may terminate your access to Trial and Beta Features at any time without liability.

14. Modifications, monitoring, and availability

We may change, add, suspend, or discontinue any part of the Services at any time, with or without notice, without liability to you. We do not warrant that the Services will be available at any particular time or that they will be uninterrupted. We may monitor use of the Services to maintain quality, improve our products, and verify compliance with these Terms, and we are the sole and final arbiter of whether these Terms have been violated. Klivo maintains backups of the Services as described on our Security page and in your agreement. You remain responsible for exporting any Customer Data you need to keep.

15. Term, suspension, and termination

These Terms apply while you use the Services. Either party may terminate for convenience on three (3) months' prior written notice. Either party may terminate for a material breach that is not cured within 30 days of written notice (10 days for non-payment). We may suspend or terminate your access immediately, at our sole discretion and without liability, if you breach these Terms, if we suspect unlawful or harmful activity, if required by law, or to protect the Services, our customers, or others. On termination, your right to access the Services ends, you must stop using them, and you are responsible for exporting your Customer Data before termination where an export option is available. For paid subscriptions, you remain liable for fees due up to and, where you terminate other than for our uncured breach, through the end of the then-current term. Sections relating to data ownership and Aggregate Data, restrictions, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing law survive termination.

16. Warranties and disclaimers

Services Provided As-Is

THE SERVICES AND ALL OUTPUT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KLIVO DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.

No Guarantees of Performance

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT OUTPUT WILL BE ACCURATE OR RELIABLE. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SERVICES AND OUTPUT. Some jurisdictions do not allow the exclusion of certain warranties, so some exclusions may not apply to you, in which case they apply to the fullest extent permitted by law.

17. Limitation of liability

Excluded Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Liability Caps and Exceptions

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KLIVO'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO KLIVO FOR THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM. WHERE NO FEES WERE PAID, KLIVO'S TOTAL LIABILITY WILL NOT EXCEED INR 10,000. This limitation does not apply to a party's liability for its own fraud or willful misconduct, or to any liability that cannot be limited under applicable law. The disclaimers and limitations in these Terms apply even if a remedy fails of its essential purpose, and they allocate risk between the parties as part of the bargain.

18. Indemnification

You agree to indemnify, defend, and hold harmless Klivo and its partners, employees, contractors, agents, licensors, and service providers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: your use of the Services, your Customer Data, your breach of these Terms, your violation of any law or third-party right, or any content, voices, or communications you generate or send using the Services. We may participate in the defense of any such claim with counsel of our choice, and you may not settle any claim in a way that imposes any obligation or admission on us without our prior written consent.

19. Governing law and dispute resolution

Informal Resolution

These Terms are governed by the laws of India, without regard to conflict-of-law rules. The parties will first try in good faith to resolve any dispute informally by contacting support@getklivo.com.

Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally will be finally resolved by binding arbitration seated in Mumbai, India, before a sole arbitrator appointed in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The language of the arbitration will be English, the proceedings will be confidential, and the arbitral award will be final and binding. Subject to the arbitration agreement, the courts at Mumbai, India will have exclusive jurisdiction, and either party may seek urgent injunctive or equitable relief from those courts to protect its intellectual property or confidential information. Disputes must be brought on an individual basis and not as part of any class, consolidated, or representative proceeding.

20. Publicity

You agree that Klivo may identify you as a customer and use your name and logo to do so on our website and in our marketing materials, unless we have agreed otherwise in a signed agreement.

21. Export and sanctions compliance

You represent that you are not located in, and will not use the Services in or for the benefit of, any country or party subject to applicable trade sanctions or export restrictions, and that you are not a restricted or denied party under applicable law. You agree to comply with all applicable export control and sanctions laws in your use of the Services.

22. Changes to these Terms

We may update these Terms as our business and legal obligations evolve. When we do, we will post the updated Terms on this page with a revised effective date. Your continued use of the Services after an update means you accept the updated Terms. If you do not agree to an update, stop using the Services.

23. General

These Terms, together with any order form, signed agreement, and our Privacy Policy, are the entire agreement between you and Klivo regarding the Services and supersede prior agreements on that subject. Any conflicting or additional terms in your purchase order or other document have no effect unless we agree to them in writing. If any provision is found unenforceable, the rest remain in effect and an enforceable term will be substituted to reflect the original intent. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent, and any attempt to do so is void; we may assign them without restriction, including in connection with a merger, acquisition, or transfer of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet or telecommunications failures, and acts of malicious third parties. These Terms do not create any third-party beneficiary rights or any partnership, agency, or employment relationship between the parties. Notices to us should be sent to support@getklivo.com.

24. Contact

Questions about these Terms can be sent to support@getklivo.com, or by mail to Fidevia Technologies, 7th Floor, Skyline Icon, Andheri-Kurla Road, Chimatpada, Marol, Andheri East, Mumbai 400059, India.