Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") are a legally binding agreement between you (or the organization you represent) and KAVE ADVISORS LLC (United States) and/or KAVE ADVISORS SAS (Colombia), operating under the trade name "Kyto" ("Kyto," "we," "us," or "our"), governing your access to kyto.io and our services.

KAVE ADVISORS LLC contracts with clients in the United States and internationally; KAVE ADVISORS SAS contracts with clients in Colombia and Latin America. For services on the WhatsApp Business Platform, KAVE ADVISORS LLC acts as the technology provider holding the Meta Business Account.

By clicking "I agree" (or a similar control), creating an account, booking a call, purchasing a service, or otherwise using our services, you accept these Terms and our Privacy Policy. Where we provide processing services to a business client, our Data Processing Addendum also applies. If you do not agree, do not use our services.

2. Services

Kyto provides operational AI and automation services, including:

• Agency services: custom AI automation, business operating-system design, and workflow implementation for medium and large organizations
• Messaging automation: design and operation of messaging workflows, including on the WhatsApp Business Platform, where we may operate a WhatsApp Business Account on your behalf as a technology provider
• Academy: training and educational programs for teams and individuals
• Consultation: discovery calls, assessments, and advisory support

Specific scope, deliverables, fees, and timelines are defined in individual service agreements or statements of work (SOWs), which form part of these Terms for the relevant engagement.

3. Eligibility and Authority

You must be at least 18 years old and able to enter binding contracts. If you use our services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

4. Your Responsibilities

You agree to:

• Provide accurate, current, and complete information
• Keep account credentials confidential and notify us of any unauthorized access
• Use our services in compliance with all applicable laws
• Not misuse, overload, or interfere with our services or infrastructure
• Not reverse engineer, decompile, or extract source code except as permitted by law
• Not use our services for any illegal, harmful, deceptive, or fraudulent purpose

5. WhatsApp Business Platform and Meta Requirements

This Section applies whenever we provide messaging services on the WhatsApp Business Platform or otherwise using Meta's platforms. It is in addition to Meta's own terms, which bind you directly.

5.1 Independent Provider

Kyto is an independent technology provider. We are not an agent, partner, representative, or employee of Meta Platforms, Inc. or WhatsApp, we do not make any representation or commitment on Meta's behalf, and we are not endorsed by Meta.

5.2 Your Compliance with Meta Terms

You agree to comply with, and where required to accept, the WhatsApp Business Terms of Service, the WhatsApp Business Solution Terms, the WhatsApp Business Messaging Policy, the Meta Commerce Policy, the Meta Platform Terms, and the Meta Developer Policies (collectively, the "Meta Terms"). You will maintain your own published privacy notice to your end users. You are the data controller for your end users' personal data; Kyto processes it as your processor under our Data Processing Addendum.

5.3 Opt-In and Consent

Before any business-initiated WhatsApp message, you must obtain the opt-in required by the WhatsApp Business Messaging Policy: the user must have provided their phone number and given permission to receive messages from you. Obtaining and documenting valid opt-in (including under applicable consent and marketing laws) is your sole responsibility. You warrant that all contacts and opt-in records you provide are lawfully obtained, and you will indemnify Kyto for any breach. Kyto is not responsible for the legality of your contact lists and may suspend or throttle sending where we reasonably suspect non-compliance.

5.4 Opt-Out

You must honor all opt-out, STOP, and block requests — whether made on or off WhatsApp — and promptly remove the person from your contact lists. Kyto's automations support opt-out handling, but responsibility for honoring opt-outs remains with you as controller.

5.5 Acceptable Use and Prohibited Categories

You may not use our messaging services for content or goods prohibited by the Meta Terms, including (without limitation) firearms, illegal or recreational drugs, prescription drugs, alcohol, tobacco or vaping, gambling, adult content or services, multi-level marketing, payday or predatory lending, cryptocurrency or virtual currencies where restricted, and hazardous materials — or for offensive, discriminatory, harassing, impersonating, misleading, or fraudulent content.

5.6 Messaging Mechanics

You acknowledge Meta's messaging rules, including the 24-hour customer service window (free-form messages are permitted only while the window is open), the requirement to use pre-approved message templates outside that window, and that templates are subject to Meta approval, category restrictions, and review — and may be paused or rejected by Meta at any time.

5.7 Quality and Enforcement

Meta independently rates WhatsApp Business Account quality and may lower messaging limits, or pause or disable a sender, in response to blocks, spam reports, or policy violations, regardless of Kyto. You acknowledge that Meta's enforcement is outside Kyto's control, and that Kyto may pause or throttle your sending to protect against Meta enforcement and to protect other clients.

5.8 Platform Data

Data obtained through Meta's platforms is used only for purposes permitted by the Meta Terms and disclosed in our Privacy Policy. It will not be used to make eligibility or discriminatory determinations (such as housing, employment, insurance, or credit), for surveillance, or to be sold, licensed, or purchased.

5.9 Artificial Intelligence

Our automations may use AI (including Google's Gemini API) to support defined business functions such as support, bookings, order updates, and notifications. AI is ancillary to those functions and is not provided as a general-purpose AI assistant. Where users may interact with an automated or AI assistant, flows are designed to make this clear and to offer a path to a human or to stop. Client end-user data is processed using the paid tier of the Google Gemini API and is not used to train, develop, or improve any AI or machine-learning models; it is never routed to any free or consumer AI tier, and sub-processors are contractually prohibited from using it for model training.

5.10 No Regulated or Sensitive Data

You will not transmit through our messaging services any sensitive or regulated data, including full payment-card or financial-account numbers, government identification numbers, or health information. The WhatsApp Business Platform (Cloud API) is not HIPAA-compliant and must not be used for protected health information.

6. Payment Terms

6.1 Fees and Billing

Fees are specified in your service agreement, course enrollment, or SOW. Unless stated otherwise, fees are in U.S. Dollars (USD). Payment is due per your agreement; late payments may incur interest and may result in suspension. Third-party platform fees (including Meta's WhatsApp conversation/messaging charges) are your responsibility unless expressly included in your agreement.

6.2 Refunds

• Discovery calls: free; no refund applicable
• Academy courses: 14-day money-back guarantee if you have completed less than 30% of the content
• Agency services: as specified in your service agreement

Refund requests should be sent to info@kyto.io.

7. Intellectual Property

7.1 Our Content

All content, features, and functionality of our website and services — including text, graphics, logos, course materials, software, and automation workflows — are owned by Kyto or our licensors and protected by intellectual property laws.

7.2 Your Content

You retain ownership of data, content, and materials you provide ("Your Content"). You grant us a limited, non-exclusive license to use, process, and store Your Content solely to provide the services.

7.3 Work Product

Ownership of custom deliverables is defined in your service agreement. Generally, upon full payment you own the custom implementations we build for you, while we retain ownership of our pre-existing methodologies, frameworks, and reusable components.

8. Confidentiality and Data Protection

Each party will protect the other's confidential information and use it only as needed for the engagement; this survives termination. Our processing of personal data is described in our Privacy Policy and, where we act as your processor, governed by our Data Processing Addendum.

9. Warranties and Disclaimers

We warrant that our services will be performed with reasonable care and skill. Specific guarantees, if any, are in your service agreement.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KYTO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law, including the non-waivable rights of Colombian titulares.

11. Indemnification

You will indemnify, defend, and hold harmless Kyto and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms or the Meta Terms
• Your messaging without valid opt-in, or your failure to honor opt-outs
• Your Content or the data you provide to us
• Your violation of any law or third-party right

12. Term and Termination

These Terms apply while you use our services. Either party may terminate an engagement as set out in the applicable service agreement. We may suspend or terminate access immediately for violations of these Terms or the Meta Terms, fraudulent activity, or security risk. On termination, we will, at your choice and as set out in the Data Processing Addendum, return or delete client data (subject to legal and platform retention requirements), and assist with WhatsApp Business Account transfer where applicable. Provisions that by their nature should survive (including intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and dispute resolution) will continue to apply.

13. Dispute Resolution and Governing Law

13.1 Informal Resolution

Before formal proceedings, please contact us at info@kyto.io so we can try to resolve the matter.

13.2 United States (KAVE ADVISORS LLC)

For services provided by KAVE ADVISORS LLC, these Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules. Any dispute not resolved informally will be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association, seated in Delaware or conducted by videoconference. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. To the extent permitted by law, disputes will be resolved on an individual basis, and you and Kyto waive any right to participate in a class or representative action.

13.3 Colombia (KAVE ADVISORS SAS)

For services provided by KAVE ADVISORS SAS, and for any relationship with Colombian titulares, these Terms are governed by the laws of the Republic of Colombia, and habeas-data matters fall under the jurisdiction of the Superintendencia de Industria y Comercio (SIC). Nothing in these Terms waives the non-waivable rights of Colombian titulares under Ley 1581 de 2012 or rights under the Colombian consumer-protection statute (Estatuto del Consumidor); where those rules conflict with this Section, they prevail for Colombian users.

14. Changes to These Terms

We may modify these Terms. Material changes will be posted here with an updated date and, where appropriate, communicated directly. Continued use after changes constitutes acceptance. Changes to individual service agreements require mutual written consent.

15. General

Entire Agreement: These Terms, the Privacy Policy, the Data Processing Addendum (where applicable), and any service agreement are the entire agreement between you and Kyto.

Severability: If any provision is unenforceable, the rest remains in effect.

Waiver: Failure to enforce a provision is not a waiver.

Assignment: You may not assign these Terms without our consent; we may assign to an affiliate or in connection with a business transfer.

Force Majeure: Neither party is liable for failure to perform due to causes beyond its reasonable control.

16. Contact Us