Terms and Conditions

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Klemsr ("Company," "we," "us," or "our") governing your access to and use of the Klemsr-Neura AI-powered website assistant platform ("Service"). By registering for an account, creating a tenant, or using the Service in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

Klemsr-Neura is a software-as-a-service platform that provides AI-powered conversational assistants for websites. The Service includes, but is not limited to: website crawling and content ingestion, document upload and processing, AI chat responses powered by large language models ("LLMs"), lead capture, analytics, and embeddable widget functionality. The Service is designed to generate responses based solely on content you provide, upload, or authorize us to crawl ("Your Data"). We do not guarantee that the AI will never produce errors, omissions, or unexpected outputs.

CRITICAL: Please read this section carefully. It limits our liability for AI-related outputs.

3.1 No Guarantee of Accuracy. The Service uses artificial intelligence and machine learning models that may produce outputs that are inaccurate, incomplete, biased, outdated, or otherwise flawed ("AI Limitations"). Even with our business-locked, RAG-based architecture designed to reduce hallucinations, we do not warrant or guarantee that any AI-generated response will be correct, complete, or suitable for any purpose. You are solely responsible for reviewing, validating, and approving all content before it is displayed to your end users.

3.2 No Professional Advice. The Service does not provide, and you must not use it to provide, medical, legal, financial, tax, or other professional advice. Any outputs from the Service are for general informational purposes only. You acknowledge that reliance on AI outputs for high-stakes decisions may result in harm, and you assume all such risk.

3.3 Third-Party AI Models. Our Service may use third-party LLM providers (e.g., OpenAI, Anthropic). We are not responsible for the behavior, availability, pricing, or outputs of these third-party models. Changes to third-party model behavior, availability, or terms may affect the Service without prior notice.

3.4 Prompt Injection and Abuse. We implement safeguards against prompt injection and misuse, but malicious actors may attempt to manipulate the AI. We are not liable for outputs resulting from prompt injection, jailbreaking, or other adversarial inputs that you or your end users may encounter.

You agree not to use the Service, or permit any end user to use it, to:

• Violate any applicable law, regulation, or third-party right
• Generate content that is defamatory, obscene, harassing, discriminatory, or promotes violence or illegal activity
• Impersonate any person or entity, or misrepresent your affiliation
• Attempt to reverse-engineer, decompile, or extract the underlying AI models or our proprietary technology
• Use the Service to train competing AI models or scrape data for that purpose
• Exceed usage limits, circumvent rate limits, or abuse the Service in a manner that could harm the platform or other users
• Upload or ingest content for which you do not have the necessary rights, licenses, or permissions

We reserve the right to suspend or terminate your account, without prior notice, for any violation of these Terms or our Acceptable Use Policy. We may also remove or block content that we determine, in our sole discretion, violates these Terms.

5.1 Ownership. You retain all right, title, and interest in and to Your Data. We do not claim ownership of Your Data. You grant us a limited, non-exclusive, royalty-free license to use, process, store, and transmit Your Data solely for the purpose of providing the Service to you.

5.2 AI Outputs. Subject to these Terms, you own the outputs generated by the Service in response to Your Data. However, such outputs may incorporate or reflect elements from third-party models or training data, and we make no representation regarding the originality or non-infringement of AI-generated outputs. You are responsible for ensuring your use of such outputs does not infringe third-party rights.

5.3 No Training on Your Data. We do not use Your Data to train or improve third-party AI models. Your Data is used only to provide the Service to you and is processed in accordance with our Privacy Policy.

Subscription plans, pricing, and payment terms are as set forth on our pricing page and in your chosen plan. Fees are billed in advance and are non-refundable except as required by law or as expressly stated in our refund policy. You are responsible for all taxes applicable to your use of the Service. We may change pricing upon reasonable notice; continued use after such changes constitutes acceptance.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

7.1 Exclusion of Damages. IN NO EVENT SHALL KLEMSR, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS APPLIES INCLUDING IN THE CONTEXT OF AI OUTPUTS, HALLUCINATIONS, INACCURACIES, BIAS, OR ANY HARM RESULTING FROM YOUR OR YOUR END USERS' RELIANCE ON THE SERVICE.

7.2 Cap on Liability. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS (USD 100) OR THE EQUIVALENT IN LOCAL CURRENCY.

7.3 AI-Specific. You acknowledge that AI systems have inherent limitations and that outputs may be wrong, harmful, or inappropriate. You assume all risk associated with deploying AI-generated content to your end users. We are not liable for any reputational harm, regulatory action, or third-party claims arising from AI outputs.

You agree to indemnify, defend, and hold harmless Klemsr, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) Your Data or any content you provide; (c) your violation of these Terms or any applicable law; (d) any claim that Your Data or your use of the Service infringes or misappropriates a third party's rights; (e) any harm caused to end users or third parties as a result of AI outputs generated through your use of the Service; and (f) any dispute between you and your end users.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR QUALITY OF AI-GENERATED OUTPUTS.

You may terminate your account at any time from your dashboard. We may suspend or terminate your account, with or without notice, for breach of these Terms, non-payment, or for any other reason at our sole discretion. Upon termination, your right to use the Service ceases immediately. We may retain Your Data for a reasonable period as required by law or for backup purposes, after which it may be deleted.

Our collection and use of personal information is governed by our Privacy Policy. By using the Service, you consent to such processing. If you process personal data of end users through the Service, you are responsible for ensuring compliance with applicable data protection laws (e.g., GDPR, CCPA) and for obtaining necessary consents. We act as a data processor with respect to such data where applicable.

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and/or by email. Your continued use of the Service after the effective date of such changes constitutes acceptance. If you do not agree to the modified Terms, you must stop using the Service and terminate your account.

These Terms constitute the entire agreement between you and Klemsr regarding the Service. They supersede any prior agreements. If any provision is held invalid, the remaining provisions remain in effect. Our failure to enforce any right does not waive that right. These Terms are governed by the laws of India, without regard to conflict of law principles. Any dispute shall be subject to the exclusive jurisdiction of the courts in Bangalore, India. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

For questions about these Terms, please contact us at legal@klemsr.com or through the contact information provided on our website.