Terms of Service

01 Acceptance of Terms

By accessing or using the Kylix Agent platform and its related services ("Service") operated by Aivo Solutions LLC ("Company," "we," "our," or "us"), you ("User" or "you") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Aivo Solutions LLC.

If you do not agree to these Terms in their entirety, you must immediately discontinue use of the Service. Your continued use of the Service following any updates to these Terms constitutes your acceptance of the revised Terms.

02 Description of Service

Kylix Agent provides AI-powered messaging automation software that enables businesses to automate customer communications across Instagram Direct Messages and Facebook Messenger. The Service integrates with your Meta Business accounts through Meta's Graph API to:

• Generate and send automated, AI-driven responses to incoming customer messages.
• Process and analyze incoming messages to provide contextually relevant replies based on your brand configuration.
• Connect to your Shopify store (where applicable) to retrieve order information for customer support automation.
• Provide usage analytics and conversation reporting through the Service dashboard.

The Service is provided on a subscription basis. Features available to you depend on the subscription plan you select.

03 Eligibility

To use the Service, you must:

• Be at least 18 years of age.
• Have the legal capacity and authority to enter into binding contracts under the laws of your jurisdiction.
• Be the owner or a duly authorized administrator of the Instagram Business account(s) or Facebook Page(s) you connect to the Service.
• Agree to and comply with Meta's Terms of Service and Platform Policies as they apply to your connected accounts.
• Comply with all applicable local, state, national, and international laws and regulations.

By using the Service, you represent and warrant that you meet all eligibility requirements. If you are using the Service on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.

04 Account Responsibilities

You are solely responsible for:

• Maintaining the confidentiality of your account credentials, including your password and any API tokens.
• All activity that occurs under your account, whether or not authorized by you.
• Ensuring that the connected Instagram and Facebook accounts remain in good standing with Meta and that you have the authority to connect them to the Service.
• Promptly notifying us at kylixagent@gmail.com if you become aware of any unauthorized access to or use of your account.
• Keeping your account information accurate and up to date.

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being used fraudulently.

05 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service to:

• Send unsolicited messages, spam, bulk commercial messages, or any communications that violate applicable anti-spam laws (including the CAN-SPAM Act and GDPR).
• Harass, threaten, defame, abuse, or harm any individual or group.
• Transmit false, misleading, fraudulent, or deceptive content.
• Impersonate any person, business, or entity.
• Violate any applicable law, regulation, or the rights of any third party, including intellectual property rights and privacy rights.
• Transmit content that is illegal, obscene, or otherwise objectionable.
• Attempt to gain unauthorized access to the Service, other accounts, or related systems or networks.
• Reverse engineer, decompile, or disassemble any portion of the Service.
• Use the Service to distribute malware, viruses, or other malicious code.
• Circumvent any rate limits, security features, or content moderation systems.

06 Meta Platform Compliance

The Service operates on Meta's platforms and is subject to Meta's policies. You acknowledge and agree that:

• You are solely responsible for ensuring that all content generated, approved, or distributed through your use of the Service complies with Meta's Terms of Service, Community Standards, Business Policies, and Messaging Policies.
• You will not use the Service in any way that would cause Aivo Solutions LLC or Kylix Agent to violate Meta's Platform Terms or Developer Policies.
• Meta may modify, restrict, or discontinue API access at any time, which may affect the availability or functionality of the Service. We are not liable for any Service interruption caused by Meta's actions.
• You are responsible for obtaining all necessary consents from your customers and end-users as required by Meta's policies and applicable privacy laws before processing their messages through the Service.

We reserve the right to suspend or terminate your access to the Service immediately and without notice if your use results in a violation of Meta's policies or any applicable law.

07 Intellectual Property

The Service, including all software, technology, designs, text, graphics, and other content created by Aivo Solutions LLC, is owned by or licensed to Aivo Solutions LLC and is protected by copyright, trademark, and other applicable intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

You retain all ownership rights to the content you provide to the Service, including brand documents, product descriptions, and other materials you upload. By submitting content to the Service, you grant Aivo Solutions LLC a limited, non-exclusive, royalty-free license to use, store, and process such content solely for the purpose of operating and improving the Service for your account.

08 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AIVO SOLUTIONS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, 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, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

09 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AIVO SOLUTIONS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

10 Termination

We may suspend or terminate your access to the Service, in whole or in part, at any time and for any reason, including but not limited to your violation of these Terms, with or without prior notice.

You may terminate your account at any time by contacting us at kylixagent@gmail.com and requesting account closure. Upon termination:

• Your right to access and use the Service ceases immediately.
• We will revoke all API access tokens associated with your account.
• Your data will be retained and then deleted in accordance with our Privacy Policy and Data Deletion Policy.
• Any outstanding subscription fees remain due and payable.

Sections of these Terms that by their nature should survive termination will survive, including Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Governing Law.

11 Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the effective date at the top of this page and notify you by email or through the Service at least 14 days before the changes take effect, where practicable. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.

If you do not agree to the revised Terms, you must stop using the Service before the effective date of the changes.

12 Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Minnesota, United States of America, without regard to its conflict of law principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service shall first be addressed by good-faith negotiation between the parties. If unresolved, disputes shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Minnesota.

13 Miscellaneous

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Aivo Solutions LLC regarding the Service and supersede all prior agreements. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.