Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and KAVE ADVISORS SAS and VEKA ADVISORS LLC (collectively "Kyto," "we," "us," or "our") governing your access to and use of the kyto.io website and our services.

By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, do not use our services.

2. Services Description

Kyto provides operational AI and automation services, including:

• Agency Services: Custom AI automation implementation, business operating system design, and workflow optimization for medium and large enterprises
• Academy Programs: Training courses and educational content for individuals and enterprise teams on AI implementation and automation strategies
• Consultation Services: Discovery calls, strategic assessments, and ongoing advisory support

Service scope, deliverables, and timelines are defined in individual service agreements or statements of work (SOWs).

3. Eligibility and Account Registration

You must be at least 18 years old and legally capable of entering into binding contracts to use our services. By using our services, you represent and warrant that you meet these requirements.

For business accounts, you represent that you have the authority to bind your organization to these Terms.

4. User Responsibilities

You agree to:

• Provide accurate, current, and complete information
• Maintain the confidentiality of any account credentials
• Notify us immediately of any unauthorized access or security breaches
• Use our services in compliance with all applicable laws and regulations
• Not misuse, abuse, or interfere with our services or infrastructure
• Not attempt to reverse engineer, decompile, or extract source code
• Not use our services for any illegal, harmful, or fraudulent purposes

5. Payment Terms

5.1 Fees and Billing

Service fees are specified in individual service agreements, course enrollments, or SOWs. All fees are in U.S. Dollars (USD) unless otherwise stated.

Payment is due according to the terms specified in your service agreement. Late payments may incur interest charges and may result in service suspension.

5.2 Refund Policy

Refund eligibility varies by service type:

• Discovery Calls: Free of charge, no refund applicable
• Academy Courses: 14-day money-back guarantee if you're not satisfied (before completing more than 30% of course content)
• Agency Services: As specified in individual service agreements

Refund requests must be submitted in writing to billing@kyto.io.

6. Intellectual Property Rights

6.1 Our Content

All content, features, and functionality on our website and in our services, including but not limited to text, graphics, logos, course materials, software, and automation workflows, are owned by Kyto or our licensors and protected by international copyright, trademark, and other intellectual property laws.

6.2 Your Content

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

6.3 Work Product

For agency services, ownership of deliverables and custom-built systems is defined in individual service agreements. Generally, upon full payment, you own the custom implementations we build for you, while we retain ownership of our proprietary methodologies, frameworks, and reusable components.

7. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our relationship. This obligation survives termination of services.

We implement reasonable security measures to protect your confidential information, as described in our Privacy Policy.

8. Warranties and Disclaimers

8.1 Service Warranties

We warrant that our services will be performed with reasonable care and skill in accordance with industry standards. Specific performance guarantees are outlined in individual service agreements.

8.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR A SERVICE AGREEMENT, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that our services will be uninterrupted, error-free, or completely secure. We do not guarantee specific business results or ROI, though we provide performance estimates based on past client experiences.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KYTO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICES.

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

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

10. Indemnification

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

• Your violation of these Terms
• Your misuse of our services
• Your violation of any third-party rights
• Your Content or data provided to us

11. Term and Termination

These Terms remain in effect while you use our services. Either party may terminate the relationship according to the terms specified in individual service agreements.

We reserve the right to suspend or terminate your access to our services immediately if you violate these Terms, engage in fraudulent activity, or pose a security risk.

Upon termination, provisions that by their nature should survive (including intellectual property, confidentiality, disclaimers, limitation of liability, and dispute resolution) will continue to apply.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating formal proceedings, we encourage you to contact us at legal@kyto.io to attempt to resolve disputes informally.

12.2 Governing Law

These Terms are governed by the laws of Delaware, United States, without regard to conflict of law principles.

12.3 Arbitration

Any dispute not resolved informally shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Arbitration will be conducted in Delaware, United States, or remotely via videoconference.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or prominent notice on our website. Continued use of our services after changes constitutes acceptance of the modified Terms.

Changes to individual service agreements require mutual written consent.

14. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Kyto.

Severability: If any provision is found unenforceable, the remaining provisions will continue in full effect.

Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right.

Assignment: You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Force Majeure: Neither party is liable for failure to perform due to causes beyond reasonable control, including natural disasters, war, terrorism, or government actions.

15. Contact Information

For questions about these Terms, contact us at: