Terms of Service

Welcome to KallyAI. These Terms of Service ("Terms") govern your use of our AI-powered executive assistant service ("Service") operated by KALLY INTELLIGENCE, INC., a Delaware corporation ("we", "us", or "our").

By using our Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

1. Service Description

KallyAI is an AI-powered executive assistant that manages phone calls, email, research, and coordination on your behalf. The Service:

• Makes and receives phone calls using AI technology
• Sends and receives email from KallyAI's own email address on your behalf
• Conducts web research and information gathering
• Coordinates tasks and schedules across channels
• May record calls with the respondent's consent for quality assurance
• Provides transcripts and summaries of calls, emails, and research
• Operates through our web app interface and API

2. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you have the legal capacity to enter into these Terms.

3. User Responsibilities

When using our Service, you agree to:

• Provide accurate information and clear instructions for all tasks
• Not use the Service for illegal, harmful, fraudulent, or harassing purposes
• Not impersonate others or misrepresent your identity
• Comply with all applicable laws and regulations, including CAN-SPAM, GDPR, and local equivalents
• Respect the rights of respondents, email recipients, and third parties
• Review and verify AI-generated content before it is sent on your behalf, when approval gates are enabled
• Maintain the security of your KallyAI account credentials
• Confirm that you are authorized to contact recipients you are calling or emailing. You represent and warrant that you have the legal right and authority to initiate calls and send emails to the contacts you provide through the Service.

4. Prohibited Uses

You may NOT use the Service for:

• Harassment, threats, or intimidation
• Fraud, scams, or deceptive practices
• Illegal activities or solicitation
• Calls to emergency services (911, 112, etc.)
• Automated marketing or spam calls
• Unsolicited bulk email or spam messaging
• Any activity that violates the rights of others
• Sending communications that violate CAN-SPAM, GDPR, or other applicable regulations
• Misrepresenting KallyAI emails as coming from your personal email account

5. AI Disclosure

Our AI assistant clearly identifies itself as an AI at the beginning of each phone call. This disclosure is mandatory and ensures transparency with respondents. When acting through email, the Service includes a clear AI disclosure in the signature or message footer. By using our Service, you acknowledge and accept this disclosure practice.

6. TCPA Compliance and Consent for AI-Initiated Calls

The Federal Communications Commission (FCC), through its ruling FCC 24-17 (February 2024), classified AI-generated voices as "artificial" under the Telephone Consumer Protection Act ("TCPA"). This means that all phone calls made using AI-generated or AI-assisted voice technology require prior express consent from the called party.

6.1 AI-Generated Voice Disclosure

KallyAI uses AI-generated voice technology to make and receive phone calls on your behalf. By using the Service, you acknowledge that:

• All calls placed by KallyAI use AI-generated or AI-assisted voice technology
• The AI assistant discloses its nature as an artificial intelligence at the beginning of each call
• Call recipients are informed that the call uses AI-generated voice before the substantive conversation begins

6.2 Your Consent to AI-Initiated Calls

By using KallyAI, you provide your prior express consent for us to initiate phone calls on your behalf using AI-generated voice technology. You understand and agree that:

• KallyAI will place calls using AI-generated voice to contacts you designate through the Service
• You are the initiating party for all calls placed by KallyAI on your behalf, and you accept responsibility for ensuring those calls comply with applicable law
• You may revoke this consent at any time by discontinuing use of the Service or by contacting us

6.3 Your Obligations Under TCPA

When using KallyAI to place calls, you must:

• Ensure you have a legitimate reason to contact each recipient (e.g., an existing business relationship, personal relationship, or the recipient's prior express consent)
• Not direct the Service to make calls for telemarketing, solicitation, or other purposes that require separate TCPA consent you have not obtained
• Comply with all Do-Not-Call registry requirements and honor opt-out requests
• Not use the Service to place robocalls, autodial, or blast-dial large volumes of contacts

7. AI-Powered Executive Assistant Services

KallyAI offers AI-powered executive assistant capabilities that extend beyond phone calls. These features include:

• Email management: drafting and sending emails from KallyAI's own email address on your behalf, with optional BCC to your personal email
• Web research: searching the internet, aggregating information, and generating reports
• Task coordination: scheduling, reminders, and follow-up management
• Contact management: organizing and maintaining contact information
• Information synthesis: summarizing communications and generating briefs

By enabling executive assistant features, you grant KallyAI limited, revocable authorization to act on your behalf within the scope you define. You understand that:

• AI actions are recommendations that may require your approval before execution
• You are ultimately responsible for reviewing and approving actions taken on your behalf
• The AI may make errors; you should verify important communications before they are sent
• Features may be added, modified, or removed as the Service evolves

8. Multi-Channel Communications

The Service may communicate through multiple channels on your behalf, including:

• Phone calls (inbound and outbound calls made by the AI)
• Email (sent and received from KallyAI's own email address, with optional BCC to your email)
• Messaging platforms (where supported and where platform terms permit)

When using the Service's communication features, you:

• Acknowledge that emails are sent from KallyAI's own email address, not from your personal email account
• May configure a BCC address to receive copies of outbound emails sent on your behalf
• Acknowledge that the Service does not access or read your personal email inbox
• Remain responsible for all communications sent by the Service on your behalf

9. On-Behalf Messaging

KallyAI may send messages on your behalf through third-party messaging platforms, including but not limited to WhatsApp and Telegram ("Messaging Services"). When using Messaging Services, the following terms apply.

9.1 Kally-Managed Identities

Messages sent through the Service are delivered from Kally-managed sender identities, not from your personal messaging accounts. Recipients will see a KallyAI-branded or Kally-assigned sender identity. You acknowledge that the Service does not access, connect to, or send messages from your personal WhatsApp, Telegram, or other messaging accounts.

9.2 Recipient Consent

9.3 Auto-Mode Disclosure

When you enable automatic or scheduled messaging ("Auto-Mode"), the Service may send messages to designated recipients without requiring individual approval for each message. By enabling Auto-Mode, you:

• Acknowledge that messages will be sent automatically based on your configured rules and preferences
• Accept responsibility for all messages sent in Auto-Mode as though you had manually approved each one
• Agree that each automated message will include a disclosure indicating it was sent by an AI assistant on your behalf
• May disable Auto-Mode at any time through your account settings

9.4 Messaging Platform Terms

Your use of Messaging Services is also subject to the terms and policies of the underlying messaging platforms (e.g., WhatsApp Business Policy, Telegram Terms of Service). You agree not to use the Service in a manner that would violate those platform terms, including but not limited to sending unsolicited bulk messages, spam, or content prohibited by the platform.

10. Autonomous Actions and User Consent

KallyAI may perform actions autonomously on your behalf, subject to the following safeguards:

• Approval gates: certain high-impact actions require your explicit confirmation before execution
• Scope limitations: the AI operates only within the boundaries you define in your preferences
• Action logging: all actions taken on your behalf are logged and available for your review
• Override controls: you may pause, modify, or revoke autonomous capabilities at any time

You retain full responsibility for all actions taken by the Service on your behalf, including:

• Communications sent by the Service on your behalf
• Decisions made based on AI-generated research or summaries
• Ensuring that actions taken by the AI comply with applicable laws and third-party terms of service
• The accuracy and appropriateness of instructions provided to the AI

11. Subscription and Payment

11.1 Plans and Pricing

We offer various subscription plans with different credit allowances. Current pricing is displayed on our website and within our web app. Prices are in US Dollars ($) and may be subject to applicable taxes.

11.2 Billing

Subscriptions are billed monthly or annually in advance. Payment is processed through Stripe, our secure payment provider.

11.3 $1 Paid Trial

New users can start with a $1 trial that includes 100 credits and a 7-day money-back guarantee to evaluate the Service. Any unused trial credits are transferred to your account upon subscribing to a paid plan.

11.4 Credit System and Usage

Your subscription includes a monthly credit allocation. Credits are the universal currency used across all Service features. Different actions consume different amounts of credits:

• Phone calls: Credits are consumed per minute of call duration. Rates vary by call type (inbound, outbound) and destination. Call duration is measured in seconds and rounded up to the nearest whole minute.
• Email actions: Credits are consumed for email discovery, drafting, and sending.
• Research and search: Credits are consumed for web searches, business lookups, and information gathering.
• Coordination: Credits are consumed for coordination messages, calendar operations, and task management.
• No charge for failed connections: Calls that do not connect to a human (e.g., no answer, busy signal, voicemail, or user cancellation before connection) are not billed.
• When credits are deducted: Credits are deducted from your monthly allocation immediately after each action completes.
• Allocation reset: Your credit allocation resets at the start of each billing period. Unused credits do not roll over to the next period.

Current credit costs for each action type are displayed in your account dashboard and on our pricing page.

11.5 Cancellation

You may cancel your subscription at any time through our web app or by contacting support. Upon cancellation:

• Your subscription remains active until the end of the current billing period
• No prorated refunds are provided for unused portions
• Your data will be retained according to our Privacy Policy

11.6 Money-Back Guarantee

If you are not satisfied with your first paid subscription, you may request a full refund within 7 days of purchase, provided you have used less than 30% of your plan's credit allocation. This guarantee applies once per customer. Subsequent subscriptions are not eligible for refunds under this policy.

After 30% usage, refunds are not available. In exceptional circumstances, we may offer account credit at our discretion.

12. Referral Program

KallyAI offers a referral program ("Referral Program") that rewards existing subscribers for referring new customers. By participating in the Referral Program, you agree to the following terms in addition to these Terms of Service.

12.1 Eligibility

Referrer Requirements:

• Must be at least 18 years old and the age of majority in your jurisdiction
• Must have an active paid KallyAI subscription in good standing
• Must not be an employee, contractor, or affiliate of KALLY INTELLIGENCE, INC.
• Account must not be suspended, terminated, or have outstanding payment issues

Referee (Referred Friend) Requirements:

• Must be at least 18 years old and the age of majority in their jurisdiction
• Must be a new KallyAI user who has never previously held an account
• Must sign up using a valid referral link or code
• Must subscribe to a paid plan to trigger rewards

12.2 How Rewards Work

• Reward Amount:Both the referrer and referee receive a one-time bonus equal to 25% of the referee's first month plan credits (rounded down to the nearest whole credit)
• When Rewards Are Credited:Bonus credits are credited to both accounts immediately upon the referee's first paid subscription activation
• One-Time Bonus: The referral bonus is a one-time reward. Referrers do not receive additional bonuses if the same referee renews, upgrades, or resubscribes after cancellation
• Usage Period: Bonus credits are valid for the current billing cycle only and do not roll over to subsequent billing periods
• First Referral Only: Each person can only be referred once. If multiple referral links are used, only the first valid referral is recognized

12.3 Prohibited Conduct

The following activities are strictly prohibited and may result in immediate disqualification:

• Self-Referral: You may not refer yourself or create multiple accounts to claim referral rewards
• Spam or Mass Outreach: Sending unsolicited referral links via mass email, text messages, or automated systems
• Paid Advertising: Using paid ads (Google Ads, Meta Ads, etc.) to promote referral links without prior written approval
• Deceptive Practices: Misrepresenting the program, making false claims about rewards, or using misleading tactics
• Trademark Misuse: Using KallyAI trademarks, logos, or branding in domain names, social media handles, or paid advertisements
• Unauthorized Commitments: Making promises, guarantees, or commitments on behalf of KallyAI

12.4 FTC Disclosure Requirements

In accordance with Federal Trade Commission (FTC) guidelines, if you share your referral link on social media, blogs, or any public platform, you must clearly disclose your material connection to KallyAI. This means stating that you will receive a benefit if someone signs up using your link. Example disclosures include: "#ad", "#referral", or "I may earn free credits if you sign up."

12.5 Tax Responsibility

You are solely responsible for any tax obligations arising from your participation in the Referral Program. KALLY INTELLIGENCE, INC. is not responsible for determining or paying any taxes you may owe as a result of receiving referral rewards. Consult a tax professional if you have questions about your tax obligations.

12.6 Fraud Prevention and Enforcement

We reserve the right, in our sole discretion, to investigate any referral activity and take appropriate action, including but not limited to:

• Voiding pending or credited referral rewards
• Suspending or terminating your participation in the Referral Program
• Suspending or terminating your KallyAI account
• Pursuing legal action for fraudulent activity

We may use automated systems and manual review to detect suspicious patterns, including multiple accounts from the same device, IP address, or payment method.

12.7 Program Modifications and Termination

We reserve the right to modify, suspend, or terminate the Referral Program at any time, with or without notice. Changes may include adjusting reward amounts, eligibility requirements, or program rules. If we terminate the program, any pending referrals that have not yet converted will not be eligible for rewards. Rewards already credited to your account prior to termination will remain valid until their expiration.

12.8 Limitation of Liability for Referral Program

TO THE MAXIMUM EXTENT PERMITTED BY LAW: We make no warranties regarding the Referral Program. We are not liable for any technical failures, tracking errors, or lost referrals. Our total liability for any Referral Program-related claims shall not exceed the value of the referral rewards at issue.

13. Restricted Destinations

Due to international sanctions and legal requirements, the Service cannot place calls to certain countries including, but not limited to:

• Russia (+7)
• Belarus (+375)

Attempts to call restricted destinations will be blocked automatically.

14. Intellectual Property

The Service, including its software, AI models, and branding, is owned by KALLY INTELLIGENCE, INC. and protected by intellectual property laws. You receive a limited, non-exclusive license to use the Service according to these Terms.

15. Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided "as is" without warranties of any kind
• We are not liable for any indirect, incidental, special, or consequential damages
• Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim (for annual subscriptions, the total fees paid during the subscription year in which the claim arose)
• We are not responsible for the outcomes of calls made by the AI, emails sent by the AI, or research results provided by the AI
• We do not guarantee the accuracy, completeness, or timeliness of AI-generated content, research, or recommendations
• We are not liable for any actions taken by third parties in response to communications sent by the Service on your behalf

16. Indemnification

You agree to indemnify and hold harmless KALLY INTELLIGENCE, INC. from any claims, damages, or expenses arising from your use of the Service or violation of these Terms, including but not limited to claims arising from actions taken by the AI on your behalf, emails or messages sent through the Service, and any third-party claims related to content generated or communicated by the Service at your direction.

17. Termination

We reserve the right to suspend or terminate your access to the Service at any time for:

• Violation of these Terms
• Fraudulent or illegal activity
• Abuse of the Service
• Non-payment of fees
• Misuse of autonomous features

18. Modifications

We may update these Terms from time to time. Material changes will be notified via email or through the Service. Continued use after changes constitutes acceptance of the new Terms. For significant changes to AI capabilities or data handling practices, we will provide at least 30 days' notice before the changes take effect.

19. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of laws principles.

19.1 For US Users

Any disputes shall be resolved in the state or federal courts located in Delaware, USA, and you consent to personal jurisdiction in such courts.

19.2 For EU Users

If you are a consumer residing in the European Union, you retain the benefit of any mandatory provisions of your local consumer protection laws. Nothing in these Terms affects your statutory rights as an EU consumer, including the right to bring legal proceedings in your country of residence. The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr.

20. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

21. Contact Information

For questions about these Terms, contact us at:

• Company: KALLY INTELLIGENCE, INC.
• Email: [email protected]