KIVEX Refund and Withdrawal Policy

1. Basic rule

1.1. KIVEX provides a digital service whose performance may begin immediately after purchase. Technical operations and performance may already take place when an Agent is created and set up, in particular initialisation of the Workspace, crawling and processing of web sources, creation or update of the knowledge layer, provisioning and enabling of features.

1.2. In paid self-service checkout, the Customer ticks a single checkbox that is not pre-ticked:

I agree to the Terms of Service and the Refund Policy and expressly request that provision of the service begin immediately.

1.3. By doing so, the Consumer expressly requests that KIVEX begin providing the Service before the statutory 14-day withdrawal period has expired.

1.4. This request does not mean that the right of withdrawal is automatically waived in its entirety. However, if the Consumer withdraws in time, the Consumer may be required to pay the part of the price corresponding to the performance actually provided up to the moment of withdrawal.

2. The Consumer's 14-day right of withdrawal

2.1. A Consumer may withdraw from a Contract concluded at a distance within 14 days of the conclusion of the Contract, unless the law provides for an exception.

2.2. To meet the deadline, it is sufficient for the Consumer to send the notice of withdrawal no later than on the last day of the period.

2.3. The withdrawal may be sent to [email protected]. The Consumer may use the Model Withdrawal Form, but is not required to do so.

2.4. KIVEX will confirm receipt of an electronic withdrawal without undue delay.

3. What counts as performance already provided

For the purpose of calculating the amount corresponding to performance already provided, the Service may comprise the following price components, provided that they were displayed to or agreed with the specific Customer before purchase:

A. Initial Setup

A separate one-off performance may include, for example:

• creation and initialisation of the Workspace or Agent;
• crawling of supported web sources;
• technical processing, indexing and creation of the knowledge layer;
• initial provisioning of infrastructure;
• initial configuration and activation of the Service within the scope of the specific Order.

For the first paid Order under which an Agent is created and set up for the first time, the price of the Initial Setup is 30% of the total price of the first Subscription Period, unless a different amount is expressly stated before purchase. This amount is part of the total price of the plan; it is neither an additional fee nor a penalty for withdrawal. The specific monetary amount corresponding to this 30% is displayed to the Customer before the Order is confirmed.

If the Initial Setup has been completed in full by the time of withdrawal, the entire pre-agreed price of this completed separate part of the Service may be taken into account when settling the withdrawal. If it has not been completed, only the extent of the performance actually provided will be taken into account, within the limits of applicable law.

If the specific monetary amount of the Initial Setup was not displayed to or agreed with the Customer before the Contract was concluded, KIVEX will not create it retrospectively or deduct it as an arbitrary “setup fee”; in that case, the value of the initial activities will be assessed only as part of the statutory settlement of the Service already provided.

B. Usage actually consumed

If the Order includes separately priced units or overage, such as AI conversations, voice minutes or other metered usage, KIVEX may take into account the units actually consumed up to the moment the withdrawal takes effect, at the rate that the Customer knew and accepted before consuming them.

Capacity included in a regular flat-rate subscription is not, in itself, converted to an arbitrary unit price unless such a price was transparently agreed in advance.

C. Ongoing provision of the Service

For the part of the price corresponding to the ongoing provision of the Service, a Consumer's statutory withdrawal takes into account the extent of the Service actually provided up to the moment of withdrawal in proportion to the total agreed scope for the relevant period, unless the law requires a different method of calculation.

4. Calculating the refund on statutory withdrawal

4.1. As a guide, the refund is calculated as:

amount paid − price of the completed Initial Setup − value of other performance already provided = refund

For a standard first paid Order, the completed Initial Setup represents 30% of the price of the first Subscription Period, unless checkout states a different specific amount before purchase.

4.2. The value of performance already provided may include only amounts that correspond to the Service actually provided and that were transparently agreed in advance or that the law allows to be taken into account.

4.3. KIVEX does not charge a “refund fee”, cancellation penalty or any other sanction merely because a Consumer has exercised the statutory right of withdrawal.

4.4. If the total contract price or any price component is excessive for the purpose of the statutory proportionate calculation, the market value of the performance provided will be used to the extent required by law.

5. A separate part of the Service provided in full

5.1. If a specific part of the Service is agreed as a separate performance with its own price and, at the Consumer's express request, has been provided in full before the withdrawal period has expired, the consequences laid down by applicable law apply to that completed part.

5.2. The first login, the first message to an Agent or the deployment of the widget does not, in itself, automatically mean that the entire monthly or annual subscription has been provided in full.

6. Refunds

6.1. After a valid withdrawal, KIVEX will refund the amount that is to be refunded under the law no later than within the period set by law, by default using the same means of payment as was used for the original payment, unless the parties agree otherwise.

6.2. Before making a refund, KIVEX may reasonably verify the identity of the Customer, the Order and the account to which the withdrawal relates.

6.3. Once the withdrawal takes effect, the Consumer must not continue to use the Service or any Customer Content made available solely on the basis of the terminated Contract, except for access necessary for export or other statutory settlement.

7. Cancelling a subscription is not the same as withdrawal

7.1. Turning off automatic renewal means that the next Subscription Period will not be charged automatically.

7.2. If the Customer merely cancels future renewal and does not exercise a statutory or contractual right to earlier termination, the Service remains available until the end of the period already paid for and no right to a pro rata refund arises automatically.

8. Voluntary refunds beyond statutory entitlements

8.1. KIVEX may, in an individual case, voluntarily grant a full or partial refund even where the Customer has no statutory or contractual entitlement to it.

8.2. Such a voluntary accommodation does not create a precedent or an entitlement in other cases.

9. Defective Service

9.1. A refund under this document does not replace rights arising from defective performance.

9.2. If the Service is defective, a Consumer may exercise rights in respect of defects under the Terms of Service and the law, including the right to have the defect remedied, to a price reduction or to withdraw, provided the statutory conditions are met.

10. Businesses and organisations

10.1. The statutory 14-day consumer right of withdrawal does not apply to a Customer who concludes the Contract in connection with its business or professional activity or on behalf of an organisation.

10.2. For such a Customer, amounts paid are non-refundable unless the Order, an individual agreement or these terms expressly provide otherwise.

10.3. Cancelling automatic renewal has no retroactive effect on a Subscription Period already paid for.

11. Contact

Requests for withdrawal, a refund or an explanation of the calculation may be sent to [email protected].