Terms and Conditions

Welcome to Kharyo AI. By accessing or using our website and services, you agree to be bound by these Terms and Conditions. If you disagree with any part of the terms, you may not access the service.

1. Use of Service

Kharyo AI provides AI-powered content generation tools. You agree to use the service only for lawful purposes and in accordance with these Terms.

2. Accounts and Subscriptions

To access certain features, you must register and create an account. You are responsible for maintaining the confidentiality of your account and password.

• Subscriptions: Some services are billed on a subscription basis. You will be charged in advance on a recurring and periodic basis (monthly or annually).
• Cancellation: You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing period.

3. Data Use Restrictions and Intellectual Property

The service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Kharyo AI and its licensors.

Your Content: You retain intellectual property rights over the content you generate using our tools, subject to the terms of the underlying models (OpenAI, Google, Anthropic, etc.).

4. Role in Personal Data Processing

For the purposes of applicable data protection regulations (including the EU General Data Protection Regulation and similar regulations):

• The User (Controller): You act as the Data Controller for your Registration Data and are the sole owner and legal responsible party for your end users' data (Customer Content).
• Kharyo AI (Processor): For Customer Content (messages, banking data), we act exclusively as a processing "pipeline" under your instructions. We have no control, ownership, or decision-making power over this data.

This distinction implies that any audit, access request, rectification, or data deletion by authorities or data subjects must be managed by you as the Controller. Kharyo AI will reasonably cooperate in fulfilling such obligations.

5. Marketing Rights and References

Unless expressly notified otherwise in writing, you authorize Kharyo AI to:

• Use your trade name, brand, and logo as a customer reference in marketing materials, including but not limited to: website, commercial presentations, case studies, and social media.
• Publicly mention the existing commercial relationship without disclosing confidential information about the specific contract terms.
• Request testimonials or success stories, whose publication will require your prior written approval.

Si desea excluirse de estas prácticas de marketing, puede notificarlo por escrito a [email protected] at any time.

6. Availability and Errors

We strive to keep the service available 24/7, but we do not guarantee that the service will be uninterrupted or error-free. We reserve the right to modify or discontinue the service (or any part of it) at any time.

7. Limitation of Liability

In no event shall Kharyo AI, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses.

8. Automation Generation and Execution

Kharyo AI acts as an execution engine for the logical instructions defined by the user. By using our workflows, chatbots, and triggers, you acknowledge that:

• Logic Responsibility: You are solely responsible for the design, configuration, and results of the automation flows. If a bot sends erroneous, repetitive, or unwanted messages due to poor configuration by the user, Kharyo AI will not assume responsibility for the damages caused.
• Third-Party Dependency: Our services interact with external APIs (WhatsApp, Google Sheets, CRMs). We do not guarantee successful automation execution if these third-party services experience outages, latency, or changes to their API policies.
• AI Hallucinations: The language models (LLMs) used to generate text may occasionally produce incorrect information or "hallucinations". It is recommended to implement human oversight ("Human in the Loop") for critical communications.

9. Nature of the Service (Non-Banking)

10. Operational Limitations (Android App)

For data collection via the Android Listener app, Kharyo AI is not responsible for data loss or synchronization failures caused by:

• Battery depletion or shutdown of the mobile device.
• Loss of internet connection or unstable signal.
• Android operating system restrictions (battery saver/Doze modes) that stop the background process.

11. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information obtained during the commercial relationship. This confidentiality obligation will survive the termination of the service for a period of three (3) years.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be resolved exclusively before the competent courts of the State of Wyoming. For European Union users, rights conferred by the GDPR remain applicable.

13. Modifications

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is significant, we will try to provide at least 30 days notice before any new terms take effect. For Enterprise clients, material changes will be communicated directly to the designated contact.

14. Contact

If you have any questions about these Terms, please contact us at [email protected].