Terms and Conditions

1.1 About these Terms

These Terms and Conditions (hereinafter "Terms") constitute a binding legal agreement between you, as an authorized representative of a business (hereinafter "the Business," "you," or "your"), and KiteHouse (hereinafter "we," "us," or "our"), regarding the use of the KiteMind platform and all related services.

1.2 Acceptance of Terms

By creating an account, accessing, or using KiteMind in any way, you confirm that:

• You have read and understood these Terms in their entirety
• You have the legal authority to accept these Terms on behalf of the Business
• You agree to comply with all obligations described herein
• You are at least 18 years of age

1.3 Modifications

We reserve the right to modify these Terms at any time. We will notify you of significant changes at least 15 days in advance via the email address registered to your account. Continued use of KiteMind after changes take effect constitutes your acceptance of the modified Terms.

2.1 What is KiteMind?

KiteMind is a software-as-a-service (SaaS) platform that enables businesses to automate customer service via WhatsApp using an artificial intelligence assistant. The assistant can:

• Answer frequently asked questions about services, hours, location, and prices
• Check availability in real time
• Schedule, cancel, and reschedule appointments
• Maintain natural and contextual conversations with customers
• Remember preferences and history for each customer

2.2 Service Components

The service includes:

• AI Assistant: A conversational agent customized for your business
• Dashboard: Control panel to view conversations, appointments, and metrics
• WhatsApp Integration: Connection to the official WhatsApp Business API
• Technical Support: Assistance according to your contracted plan

2.3 What the Service Does NOT Include

KiteMind does not include:

• The WhatsApp Business number (you must have or create your own)
• Meta/WhatsApp costs for messages sent
• Graphic design or marketing services
• Integrations with external systems not specified in your plan

3.1 Registration Requirements

To use KiteMind, you must:

• Be a legally established business or individual with business activity
• Provide truthful and up-to-date information during registration
• Have an active WhatsApp Business number or be willing to set one up
• Designate an authorized account administrator

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Ensuring that only authorized personnel access the dashboard

3.3 Verification

We reserve the right to verify the information provided and request additional documentation to confirm the legitimacy of the business.

4.1 Permitted Uses

KiteMind is designed for:

• Automated customer service for legitimate businesses
• Appointment and reservation management
• Responding to inquiries about products and services
• Business communication with customers who have initiated contact

4.2 Prohibited Uses

It is strictly prohibited to use KiteMind for:

• Sending spam or unsolicited messages
• Illegal or fraudulent activities
• Content that violates third-party rights
• Impersonating another person or entity
• Collecting data in an unauthorized manner
• Attempting to access systems or data of other users
• Any activity that violates WhatsApp/Meta policies

4.3 Consequences of Misuse

Violation of these policies may result in:

• Temporary suspension of service
• Permanent account termination without refund
• Legal action if applicable

5.1 Plans and Pricing

Prices and features for each plan are available on our website. We reserve the right to modify prices with 30 days' notice.

5.2 Billing Cycle

Billing is monthly and charged in advance. The cycle begins on the day of service activation.

5.3 Payment Methods

We accept payment methods specified during the contracting process. You are responsible for maintaining valid and up-to-date payment information.

5.4 Non-Payment

In case of non-payment:

• A reminder will be sent 3 days after the due date
• Service may be suspended 7 days after the due date
• Account may be canceled 30 days after the due date
• Data will be retained for an additional 90 days before deletion

5.5 Refunds

We do not offer refunds for partial periods. If you cancel, you will maintain access until the end of the current paid period.

6.1 Our Property

KiteHouse retains all rights to:

• The KiteMind platform and its source code
• Developed AI algorithms and models
• Trademarks, logos, and visual elements
• Documentation and support materials

6.2 Your Content

You retain ownership of:

• Your business information
• Conversations with your customers
• Your customer data
• Any content you upload to the platform

6.3 License to Use

You grant us a limited license to use your content solely for the purpose of providing the service. This license terminates when you cancel your account.

7.1 Our Privacy Policy

The processing of personal data is governed by our Privacy Policy, available at kitemind.io/en/privacy, which forms an integral part of these Terms.

7.2 End Customer Data

Regarding data from your customers who interact with the assistant:

• You are the data controller for that data
• KiteMind acts as a data processor
• You must inform your customers about the use of AI in customer service
• You must comply with applicable data protection laws

The Business is responsible for the content of conversations with its customers and for the instructions provided to the assistant. KiteMind interprets such instructions as authorized by the Business. Any incorrect information provided by the AI will be treated as an error derived from the Business's content or instructions.

7.3 Use of Data for Improvement

We may use anonymized and aggregated data to improve our services. This data will not identify your business or your customers.

8.1 Service Level

We strive to maintain 99.5% availability. However, interruptions may occur due to:

• Scheduled maintenance (notified in advance)
• Urgent security updates
• Causes beyond our control (third-party failures, natural disasters, etc.)

8.2 Technical Support

Support is provided according to your contracted plan:

• Basic Plan: Email support during business hours
• Pro Plan: Priority support via email and chat
• Enterprise Plan: Dedicated 24/7 support

8.3 Third-Party Dependencies

KiteMind depends on the official WhatsApp Business API and on external providers of artificial intelligence, infrastructure, and cloud services. WhatsApp, Meta, or other providers may impose limits, suspend lines, enforce policies, experience outages, or change their technical requirements without prior notice. We are not responsible for interruptions, restrictions, or suspensions resulting from decisions or failures of these external providers.

9.1 Disclaimer of Warranties

The service is provided "as is" and "as available." We do not guarantee that:

• The service will be uninterrupted or error-free
• The assistant's responses will always be accurate
• The service will meet all your specific expectations

9.1.1 Limitations of Artificial Intelligence

The KiteMind AI assistant generates responses based on statistical models and may make mistakes, omit information, or misinterpret certain messages. It is the Business's responsibility to review and validate any critical information before acting on it. KiteMind does not warrant that AI-generated responses will be accurate, complete, or suitable for every case.

9.2 Limitation of Damages

To the maximum extent permitted by law:

• Our total liability will not exceed the amount paid in the last 3 months
• We will not be liable for indirect, incidental, or consequential damages
• We will not be liable for loss of data, revenue, or reputation

9.3 Exclusions

These limitations do not apply in cases of:

• Gross negligence or willful misconduct on our part
• Breach of essential obligations
• Damages that cannot be limited by law

11.1 Termination by You

You may cancel your account at any time from the dashboard or by contacting support. Cancellation will be effective at the end of the current billing period.

11.2 Termination by Us

We may suspend or terminate your account if:

• You breach these Terms
• You fail to pay for the service
• You use the service in a way that could cause us legal or reputational harm
• We receive a legal order requiring us to do so

11.3 Effects of Termination

Upon termination:

• Your access to the dashboard will cease immediately
• The assistant will stop responding to messages
• You will have 30 days to export your data
• After 90 days, your data will be permanently deleted

12.1 Governing Law

These Terms are governed by the laws of the United Mexican States.

12.2 Dispute Resolution

Any dispute will first be resolved through good faith negotiation. If an agreement is not reached within 30 days, the parties will submit to arbitration in accordance with the rules of the Mexico Arbitration Center (CAM).

12.3 Severability

If any provision of these Terms is found to be invalid, the remaining provisions will remain in full force and effect.

12.4 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms to a successor in the event of a merger, acquisition, or sale of assets.

12.5 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between the parties and supersede any prior agreements.