KIVEX Terms of Service

1. Provider and contact details

The provider of the KIVEX service is:

Jakub Macura
Company ID No.: 24359939
Drahanovice 143, 783 44, Czech Republic
a natural person conducting business under the Trade Licensing Act, registered in the Trade Register
e-mail: [email protected]

Hereinafter “KIVEX” or the “Provider”.

2. Definitions

For the purposes of these terms:

• Agent means an AI assistant created and configured through KIVEX, including a text interface and, where applicable, a voice interface.
• Hub means the KIVEX administration environment.
• End User means a person who communicates with an Agent or uses another customer-facing interface of KIVEX.
• Order means an electronic or written order specifying, in particular, the plan, price, billing period, capacities and add-ons.
• Subscription Period means the period for which the subscription is charged, usually one month or one year.
• Workspace means the Customer's logically separated environment within KIVEX.
• Service means the KIVEX Hub, Agents, the widget, AI and voice features, related infrastructure, supported integrations and other features made available under the plan or Order.
• Consumer means a natural person who, in connection with the Contract, is not acting within the scope of their business activity or the independent exercise of their profession.
• User means a natural person authorised to use the Customer's account or Hub.
• Output means a response, summary, classification, recommendation or other content generated using AI features.
• Customer Content means content, data, web sources, instructions, configurations, messages, contacts and other information that the Customer or an End User makes available, creates or has processed through the Service.
• Customer means a person who has concluded a Contract with KIVEX, regardless of whether it is a business, an organisation or a Consumer.
• Contract means the Order together with the documents listed in Article 4.

3. Eligibility and authority to act

3.1. Only a person over 18 years of age may create a paid account.

3.2. A person acting on behalf of a company, business, organisation or other person confirms that they are authorised to bind it.

3.3. In reasonable cases, KIVEX may require verification of identity, authority to act, ownership of or authorisation in respect of a domain, or other information necessary to protect the Service, comply with legal obligations or prevent misuse.

4. Conclusion of the Contract and contractual documents

4.1. A Contract for the paid Service is concluded upon confirmation of the Order, successful completion of payment and activation of the paid plan, whichever occurs last. A Contract for a free account is concluded upon activation of the account.

4.2. Before completing a paid Order, the Customer must have the opportunity to read these terms and the Refund and Withdrawal Policy.

4.3. The Contract consists of the following, to the extent applicable to the specific relationship:

1. an individual written contract or Order;
2. these Terms of Service;
3. the Refund and Withdrawal Policy;
4. the Data Processing Agreement (DPA), where KIVEX processes personal data on behalf of the Customer;
5. Data Portability and Switching Providers, where applicable;
6. the Acceptable Use Policy;
7. Support, Maintenance and Availability;
8. any other document expressly incorporated into the Order.

4.4. In the event of a conflict, the individual contract or Order prevails, followed by the DPA in matters of personal data processing, then these terms and then the other incorporated documents, unless those documents expressly provide otherwise.

4.5. The Privacy Policy and the information on cookies are informational in nature. Making them available does not in itself constitute consent to the processing of personal data where separate consent is required for specific processing.

4.6. Before activation, KIVEX may reject an Order in the event of an obvious pricing error, suspected fraud or misuse, insufficient identification, a technical obstacle or a legal obstacle. In such a case, any payment already received will be refunded unless KIVEX has a legal ground to withhold it or set it off.

5. Immediate commencement of the Service

5.1. KIVEX is designed so that it can begin providing the Service immediately after the Contract is concluded. This may include, in particular, setting up the Workspace, initialising the Agent, crawling and processing web sources, creating or updating the knowledge layer, technical provisioning, hosting and making features available according to the plan.

5.2. If the Customer is a Consumer and requests that performance begin before the statutory withdrawal period has expired, the Consumer does so by an express request when completing the Order. The standard wording of this request is set out in Article 26.

5.3. The consequences of commencement of performance in the event of a Consumer's withdrawal are governed by the Refund and Withdrawal Policy. Starting to use the Service does not, in itself, automatically extinguish the Consumer's entire statutory right of withdrawal, unless the law provides otherwise.

6. Right to use the Service

6.1. For the term of the Contract, KIVEX grants the Customer a limited, non-exclusive, non-transferable and non-sublicensable right to use the Service within the scope of the plan, the Order and these terms.

6.2. The Customer may deploy an Agent on domains, websites or other supported environments that it owns or manages or that it is authorised to use.

6.3. An agency or external contractor may manage its client's Workspace only with the client's authorisation. Without a partner or reseller agreement, it must not independently resell access to KIVEX as its own service.

6.4. The Service does not include source code, model weights, non-public system instructions, internal orchestration, security mechanisms or any other non-public KIVEX technologies.

7. Account, roles and security

7.1. The Customer is responsible for the accuracy of the information provided in the account, for the management of roles and for the activities of persons whom it allows to access its Workspace.

7.2. Access credentials must not be shared in a way that circumvents limits on the number of users or compromises security.

7.3. The Customer will notify KIVEX without undue delay of any suspected compromise of an account, API key, token or other means of access.

7.4. KIVEX may require reasonable security measures, such as signing in again, changing compromised credentials or multi-factor authentication, where supported.

8. Free, plans and capacities

8.1. The Service can be tried free of charge in Free mode. A Workspace moves to a paid plan only on the basis of the Customer's Order.

8.2. Free may include a one-off lifetime quota of AI conversations per Workspace and other limited capacities. Once the relevant quota has been exhausted, the feature concerned may be stopped until an upgrade.

8.3. The features and capacities of a specific plan, in particular the number of conversations, voice minutes, number of Agents, domains, size of knowledge sources, languages, team members, concurrency and retraining intervals, are determined by the price list or Order in effect at the time of purchase.

8.4. One AI conversation constitutes one billable unit regardless of the number of messages, unless stated otherwise before purchase. KIVEX may technically define the rules for starting, ending or reopening a conversation; such rules must not retroactively change usage already billed.

8.5. Overage beyond the included capacity is charged only if the rate and any overage limit were displayed in advance and the Customer activated this option or expressly agreed to it.

8.6. Free, beta and preview features may be subject to different limitations, may be changed or discontinued and are not automatically converted to paid features without the Customer's consent.

9. Price, payments and automatic renewal

9.1. The price, currency, Subscription Period, capacities, price of the Initial Setup, add-ons and usage or overage rates are stated before the Order is confirmed or in an individual offer.

9.2. For the first paid Order under which an Agent is created and set up for the first time, the Initial Setup represents 30% of the total price of the first Subscription Period, unless a different amount is expressly stated before the Order is confirmed. This price component is part of the total price displayed and does not constitute an additional fee on top of the plan price. The remaining 70% of the price of the first Subscription Period corresponds to the ongoing provision of the Service during that period. The specific monetary amount of the Initial Setup must be displayed to the Customer before the Order is confirmed.

9.3. The Initial Setup includes, in particular, the creation and initialisation of the Workspace or Agent, crawling and processing of supported web sources, indexing and creation of the knowledge layer, initial technical provisioning and activation of the Service within the scope of the Order. Once this separate performance has been completed, it is deemed to have been provided to the relevant extent; the consequences for a Consumer in the event of withdrawal are governed by the Refund and Withdrawal Policy.

9.4. Unless otherwise agreed, the subscription is paid in advance.

9.5. A paid subscription renews automatically for a further period of the same length until the Customer cancels it before the next renewal using the available account feature or at [email protected].

9.6. Cancelling a subscription stops future renewals. If the Customer 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 cancelling automatic renewal does not in itself give rise to a right to a pro rata refund.

9.7. KIVEX may use payment service providers. As standard, KIVEX does not store full payment card details in its application database.

9.8. If a payment fails, KIVEX may retry the payment, ask the Customer to remedy the situation and, after reasonable notice, restrict paid features. This does not affect the obligation to pay any amount already owed.

9.9. Taxes and VAT apply in accordance with the law and the tax status of the parties. The final price displayed to the Customer before the paid Order is confirmed is decisive.

10. Refunds, statutory withdrawal and voluntary refunds

10.1. Refunds of payments, a Consumer's statutory withdrawal and the calculation of the amount corresponding to performance already provided are governed by the Refund and Withdrawal Policy, which forms part of the Contract.

10.2. Except in cases provided for by law, the Contract or an express decision of KIVEX, amounts paid are generally not refunded merely because the Customer has stopped using the Service or has not used up the included capacities.

10.3. Consumer rights that cannot be limited or excluded by contract prevail over these terms.

11. Customer obligations

11.1. The Customer, in particular:

• uses the Service in accordance with the law, the Contract and the Acceptable Use Policy;
• is authorised in respect of the websites, domains, sources, accounts and integrations that it connects to KIVEX;
• is responsible for the accuracy, currency and lawfulness of its content and instructions;
• provides End Users with the information required by law about AI and the processing of personal data;
• obtains the necessary consents for optional analytics, persistent identifiers and other non-essential technologies;
• does not use an Output as the sole basis for a decision about a person that has legal or similarly significant effects, unless such a procedure is permitted by law and is subject to reasonable oversight;
• provides reasonable cooperation in deployment, security, the handling of an incident, a complaint or a legal request.

11.2. The Customer is responsible for its websites, products, services, prices, commercial offers and its legal relationship with End Users. KIVEX is not a party to contracts between the Customer and End Users.

12. Customer Content

12.1. The Customer retains its rights to Customer Content.

12.2. For the period necessary to provide the Service, the Customer grants KIVEX a non-exclusive authorisation to store, index, technically transform, transmit, display and otherwise process Customer Content solely to the extent necessary for the provision, security, support, diagnostics and lawful operation of the Service.

12.3. The Customer is responsible for having the necessary rights and legal grounds in respect of the content that it makes available to KIVEX.

12.4. KIVEX is not required to review all Customer Content in advance. It may restrict, disable access to or remove Customer Content if it has reasonable grounds to suspect unlawfulness, infringement of third-party rights, a security risk or a serious breach of the Contract. Where the circumstances permit a remedy, KIVEX will give priority to allowing the situation to be remedied.

12.5. KIVEX will not use the content of customer conversations or Customer Content to train general AI models of KIVEX or of third parties without a separate, prior and express legally valid opt-in and compliance with other applicable legal requirements. Declining such an opt-in does not limit the standard provision of the Service.

13. AI and voice features

13.1. AI Outputs are probabilistic. They may be inaccurate, incomplete, out of date, inappropriate or similar to outputs provided to other users.

13.2. KIVEX does not guarantee the factual accuracy, uniqueness or suitability of every Output for a specific legal, financial, health, safety or other professional decision.

13.3. The Customer is responsible for the configuration of knowledge sources, instructions and permissions and for reasonable human oversight in situations where it is needed given the nature of the use.

13.4. An Agent's Output does not in itself create an order, contract, warranty or other legal obligation of the Customer, unless the Customer has expressly activated a feature intended for such legal acts and configured its rules.

13.5. The End User must be informed, no later than at the first relevant contact, that they are communicating with AI, unless this is already obvious from the circumstances, to the extent required by applicable law.

13.6. During voice interaction, audio input may be continuously technically transmitted to a transcription provider and the text of the response to a speech synthesis provider. By default, KIVEX stores a text transcript, not a playable audio recording, unless expressly stated otherwise in advance for a specific feature.

14. Analytics and visitor identifiers

14.1. When the widget is loaded, the Service may process limited technical and cookieless events for security, diagnostics and basic aggregate measurement.

14.2. A stable identifier intended for accurately recognising an anonymous visitor across sessions or for extended analytics may be used only in accordance with the applicable rules on consent and privacy.

14.3. A functional identifier for a specific service expressly requested by the End User, such as remembering a conversation, must be kept separate in purpose from optional analytics where the legal regime requires a different legal ground.

15. Integrations and third-party services

15.1. KIVEX may work with third-party websites, APIs and services. Their availability, terms and technical changes are not fully within KIVEX's control.

15.2. The Customer is responsible for having the authority to connect its account and for the data or permissions that it makes available to an integration.

15.3. KIVEX may restrict or discontinue a specific integration if the third party stops supporting it, a security or legal risk arises, or its continued operation is not reasonably possible. For a paid feature with a material impact, Article 20 applies and, in the case of a Consumer, Article 21 also applies.

16. Intellectual property

16.1. KIVEX and its providers retain their rights to the software, the model and orchestration layer, the brand, design, documentation, know-how, non-public database structures and other proprietary technologies.

16.2. Except to the extent permitted by law, the Customer must not, in particular, circumvent technical restrictions, obtain source code or non-public system instructions without authorisation, decompile the Service, carry out unauthorised scraping of non-public parts or use the Service to create an unauthorised copy of it.

16.3. KIVEX may use voluntarily provided feedback free of charge to improve the Service, provided that this does not give it rights to Customer Content or personal data beyond the applicable legal basis.

17. Confidentiality

17.1. Each party will protect the non-public business, technical, security and contractual information of the other party with at least reasonable care and will use it only for the purposes of the Contract.

17.2. The confidentiality obligation does not apply to information that is demonstrably public without a breach of the Contract, was lawfully known before it was disclosed, was independently developed or must be disclosed by law.

17.3. This Article applies primarily to business and organisational Customers; the protection of personal data is governed in particular by the DPA and the Privacy Policy.

18. Availability, maintenance and necessary updates

18.1. KIVEX provides the Service with professional care appropriate to the nature of an online SaaS. Unless an SLA is expressly agreed, it does not guarantee any specific uptime percentage or service credit.

18.2. KIVEX may carry out both planned and emergency maintenance. It will try to give reasonable advance notice of planned maintenance with a significant impact.

18.3. For the term of a paid Contract, KIVEX provides the updates necessary for the provision of the Service to the extent required by law and may carry out security fixes, maintenance and technical changes on an ongoing basis.

18.4. Consumer rights in respect of necessary updates and defects of a digital service are not limited by this Article.

19. Defects in the Service and Consumer complaints

19.1. If the Customer is a Consumer, KIVEX is responsible for ensuring that, for the duration of the commitment, the Service conforms to the agreed description, scope, quality, functionality, compatibility, interoperability and other characteristics required by applicable law.

19.2. A Consumer may notify a defect by e-mail to [email protected]. In the complaint, the Consumer will state at least the account, the feature concerned, a description of the defect and reasonably available information enabling it to be reproduced.

19.3. Upon receiving a complaint, KIVEX will issue the Consumer with a confirmation containing the information required by law and will handle the complaint within a reasonable time, taking into account the nature of the digital service and the purpose for which the Consumer required it.

19.4. If the Service is defective, the Consumer may demand that the defect be remedied, unless this is impossible or disproportionately costly. Under the conditions laid down by law, the Consumer may demand a reasonable price reduction or withdraw from the Contract.

19.5. These provisions do not limit any rights of the Consumer that cannot be limited by contract.

20. Changes to prices, contractual documents and the Service — general

20.1. KIVEX may reasonably change the Service, prices or contractual documents, in particular due to:

• changes in the law or regulatory requirements;
• improvements to security or protection against misuse;
• technical development, or changes to infrastructure or integrations;
• changes in the prices, licences or terms of essential suppliers;
• changes in costs or in the business model;
• the correction of ambiguities, errors or inconsistencies between documents;
• the addition, modification or discontinuation of features, where the change is reasonably justified.

20.2. For a business or organisational Customer, KIVEX will give notice of a material contractual change at least 30 days before it takes effect. The Customer may reject the change up to the day before it takes effect and terminate the Contract with effect from the date on which the change takes effect; if the paid Service thereby ends before the end of the period paid for, KIVEX will refund a pro rata part of the price for the unused period, unless the change is caused by the Customer's breach of the Contract.

20.3. A change in the price of a paid subscription applies, as standard, no earlier than at the first renewal following the notice. The Customer may cancel the subscription before the renewal.

20.4. An urgent change may be made immediately if it is necessary to avert a security incident, misuse or technical failure, or to comply with a legal obligation. KIVEX will give notice of its reason and impact as soon as reasonably practicable.

20.5. Corrections of typographical errors, formatting, links or explanations that do not change the Customer's rights or obligations may be published without prior notice.

21. Changes to the digital Service in relation to Consumers

21.1. If the Service is to be provided to a Consumer for a certain period, KIVEX may change it, beyond changes necessary to keep it free of defects, only for a reason stated in the Contract, at no additional cost to the Consumer and subject to compliance with the other requirements of applicable law.

21.2. If a change negatively affects the Consumer's access to or use of the Service other than to a minor extent, KIVEX will inform the Consumer reasonably in advance, in text form, of the nature and timing of the change and of the Consumer's statutory right to terminate the commitment without penalty, unless KIVEX allows the Service to be maintained without the change in a manner permitted by law.

21.3. This is without prejudice to the Consumer's other rights under the provisions on digital content and digital services.

22. Suspension of the Service

22.1. KIVEX may reasonably restrict or suspend the Service if:

• the Customer is in serious breach of the Contract or the law;
• there is a well-founded security risk, an attack, fraud or misuse;
• it is necessary to protect other customers, End Users or the infrastructure;
• the Customer is in default of payment;
• the restriction is required by law, a public authority or an essential infrastructure provider.

22.2. Unless the situation is urgent, KIVEX will try to give the Customer a reasonable opportunity to remedy the situation before restricting the Service.

22.3. Consumer rights in the event of defective performance, inaccessibility or wrongful suspension are not limited by this Article.

23. Term and termination

23.1. The Contract remains in force for as long as the account or the Subscription Period is active.

23.2. The Customer may turn off automatic renewal under Article 9. Further rights to early termination arise from these terms, the Refund Policy and the law.

23.3. KIVEX may terminate the Contract for material breach if the Customer fails to remedy the breach even within the reasonable period specified in a notice to do so. No such notice is required if a remedy is not possible, the breach is intentional or repeated, or it creates an imminent serious risk.

23.4. A free account that has been inactive for a long period may be terminated after prior notice. Where reasonably possible, KIVEX will allow the account to be reactivated or the data to be retrieved before erasure.

23.5. Upon termination, the right to use the Service ends. Payment obligations that arose before termination and provisions which by their nature are intended to survive remain in effect.

23.6. Export, portability and erasure of data are governed by Data Portability and Switching Providers, the DPA and applicable law.

24. Warranties and liability

24.1. KIVEX provides the Service with professional care appropriate to the nature of an online SaaS, but the internet, AI, software and third-party services cannot be entirely free of errors or outages.

24.2. KIVEX does not guarantee that every AI Output will be correct, unique, complete or suitable for a specific decision, or that the Service will be compatible with every system or will prevent every security attack.

24.3. Roadmap information, demonstrations, beta features or preliminary announcements are not a binding commitment to deliver unless they are expressly stated in the Order.

24.4. Businesses and organisations

If the Customer is a business or an organisation, the following limitations apply to the maximum extent permitted by law:

• KIVEX is not liable for indirect or consequential pecuniary loss, loss of profit, loss of turnover, business opportunities, goodwill or anticipated savings, where the law permits such a limitation;
• KIVEX is not liable for harm caused by Customer Content, an unlawful configuration, an unauthorised integration, a compromised account on the Customer's side, a third-party system outside KIVEX's control or a decision based solely on an unverified AI Output, unless KIVEX caused the harm by breaching its own obligation;
• KIVEX's total aggregate liability to compensate for pecuniary loss under the Contract or in connection with the Service will not exceed the amount, excluding VAT, actually paid by the Customer for the last duly paid Subscription Period preceding the event that gave rise to the claim;
• for a Free account without a paid Subscription Period, this contractual limit is CZK 1,000.

24.5. The limitations under Article 24.4 do not apply where the law does not permit them, in particular to harm caused intentionally or through gross negligence or to harm to a person's natural rights.

24.6. Consumers

If the Customer is a Consumer, Article 24.4 does not apply to the extent that it would limit or exclude the Consumer's statutory rights. KIVEX's liability to a Consumer is governed by mandatory law, and by these terms only to the extent that contractual arrangements are permitted.

25. Third-party claims — business customers

25.1. This Article does not apply to Consumers.

25.2. A business or organisational Customer will reimburse KIVEX for reasonably incurred costs and pecuniary loss arising as a result of a third-party claim or proceedings before a public authority, if the claim is based on unlawful Customer Content, a lack of rights to it, the Customer's breach of its obligations relating to personal data, the Customer's offering or product, an unauthorised integration or use of the Service in breach of the Contract or the law.

25.3. This obligation does not apply to the extent that the claim was caused by KIVEX's breach of its own obligation.

26. Checkbox wording for a paid Order

26.1. For paid self-service checkout, KIVEX uses a single checkbox that is not pre-ticked, with the following wording or wording of equivalent meaning:

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

26.2. Links to the Terms of Service and the Refund Policy must be available directly before the Order is confirmed.

26.3. KIVEX records at least the version of the accepted documents, the time of acceptance, the account and Order identifiers and the fact that an express request for immediate commencement of performance was made. After the Contract is concluded, the Customer will receive a confirmation on a durable medium, typically by e-mail.

27. Transfer of the Contract

27.1. A business or organisational Customer may not, without KIVEX's consent, transfer the Contract in a way that would materially increase KIVEX's risk or obligations, except in the case of legal succession.

27.2. KIVEX may transfer the Contract to its legal successor, a future company operating KIVEX, a company controlled by the same person or an acquirer of the business enterprise or a substantial part of the business, provided that the transferee assumes the corresponding contractual and data-related obligations.

27.3. In the event of such a transfer, the Consumer will retain all rights granted to them by mandatory law.

28. Force majeure

28.1. A party is not liable for delay or non-performance caused by an extraordinary, unforeseeable and insurmountable obstacle beyond its reasonable control, to the extent permitted by law.

28.2. Depending on the circumstances, such an obstacle may include, in particular, a large-scale internet or power outage, a natural event, war, a large-scale cyber attack, a decision of an authority or a widespread outage of an essential infrastructure supplier.

28.3. This does not affect Consumer rights that cannot be limited by contract.

29. Notices

29.1. KIVEX may deliver operational notices by e-mail, in the Hub or through the Service.

29.2. KIVEX sends material contractual notices to the e-mail address associated with the account or to another notified contractual contact.

29.3. The Customer sends contractual, complaint, privacy and security requests to [email protected], unless another channel is specified for a particular feature.

30. Consumer withdrawal and model form

30.1. Where the Contract is concluded at a distance, the Consumer has the statutory right to withdraw from the Contract within 14 days of its conclusion, unless the law provides for an exception.

30.2. The detailed procedure, the consequences of immediate commencement of performance, the calculation of the refund and the model form are set out in the Refund and Withdrawal Policy and in the Model Withdrawal Form.

30.3. Withdrawal may also be sent as a simple, unambiguous statement to [email protected]. Use of the model form is not mandatory.

31. Out-of-court resolution of consumer disputes

31.1. If a dispute arises between KIVEX and a Consumer under the Contract that cannot be resolved directly, the Consumer may file a petition for the out-of-court resolution of a consumer dispute with:

Czech Trade Inspection Authority (Česká obchodní inspekce)
Central Inspectorate — ADR Department
Gorazdova 1969/24, 120 00 Prague 2
e-mail: [email protected]
web: https://coi.gov.cz/informace-o-adr/

31.2. Before filing an ADR petition, the Consumer will first try to resolve the claim directly with KIVEX at [email protected].

32. Governing law and courts

32.1. The Contract is governed by the law of the Czech Republic.

32.2. If the Customer is a Consumer habitually resident in another state, the choice of Czech law does not deprive the Consumer of the protection afforded by the mandatory provisions of the law that would apply in the absence of that choice.

32.3. In disputes with a Consumer, the jurisdiction of the courts is governed by mandatory procedural and European rules.

32.4. For business and organisational Customers, the parties will first try to resolve a dispute by negotiation. Where an agreement on local jurisdiction is legally permissible, the parties agree on the local jurisdiction of the court determined by KIVEX's place of business.

33. Final provisions

33.1. The Contract constitutes the entire agreement of the parties on the subject matter of the Service to the extent governed by the contractual documents.

33.2. The invalidity or ineffectiveness of any provision does not affect the other parts of the Contract. In the case of a Consumer, a defective provision does not apply to the extent that it would conflict with mandatory law.

33.3. Failure to exercise a right does not constitute a waiver of that right.

33.4. KIVEX may use subcontractors in providing the Service. The processing of personal data by sub-processors is governed by the DPA and the relevant register made available to Customers.

33.5. Current and archived versions of the contractual documents are available at /en/terms/. The version accepted by the Customer is recorded together with the identification of the Order and the time of acceptance.

33.6. The publication date of a new version does not in itself change a Contract already concluded; changes are governed by these terms and applicable law.