These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "Client"), and KajabiesAI ("we," "us," or "our"), concerning your access to and use of the kajabiesai.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site" and "Services").
You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason.
2. KajabiesAI Services
KajabiesAI provides a dual set of services:
A. Review Management (Software as a Service - SaaS)
We provide a platform and automated services designed to help businesses manage, request, and respond to customer reviews across various online platforms ("Review Services"). This includes, but is not limited to, automated review requests, sentiment analysis, and response generation assistance.
B. Website Design and Development
We provide custom website design, development, and related digital services on a project-by-project basis ("Design Services"). The specific scope, deliverables, and timelines for Design Services will be outlined in a separate Statement of Work (SOW) or project agreement, which will be governed by these Terms.
3. User Representations
By using the Services, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Service; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
4. User Registration and Accounts
You may be required to register with the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. Payment and Billing
A. Review Services (SaaS)
•Subscription: Kajabiesai Services are billed on a subscription basis (e.g., monthly or annually). You will be billed in advance on a recurring, periodic basis.
•Auto-Renewal: Your subscription will automatically renew under the exact same conditions unless you cancel it or KajabiesAI cancels it.
•Cancellation: You can cancel your subscription renewal at any time through your account management page or by contacting us at [email protected].
B. Design Services (Project-Based)
•Fees: Fees for Design Services will be specified in the applicable SOW.
•Milestones and Payments: Payments are typically tied to project milestones. You agree to pay all invoices by the due date specified.
•Project Delay: Delays caused by the Client (e.g., late content delivery, delayed feedback) may result in a revised timeline and/or additional fees.
6. Intellectual Property Rights
A. KajabiesAI Property
Unless otherwise indicated, the Services and the Site are our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (excluding Client Content) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.
B. Client Content and Data
•Client Content: You retain all ownership rights to any text, images, or other data you provide to us for use in the Review Services or Design Services ("Client Content"). You grant us a worldwide, royalty-free license to use, reproduce, and display the Client Content solely for the purpose of providing the Services to you.
•Review Data: Any customer review data collected or processed on your behalf remains your property. We will only use this data to provide the Review Services as agreed upon.
•Design Deliverables: Upon final payment for Design Services, we will transfer the intellectual property rights for the final, delivered website design and code to you, excluding any third-party licensed materials (e.g., stock photos, fonts, or open-source libraries).
7. Use of Artificial Intelligence (AI)
KajabiesAI utilizes AI models to enhance the Services, including generating draft review responses, analyzing sentiment, and assisting with website design elements.
•AI Output: You acknowledge that AI-generated content is a draft and may require your review and editing for accuracy, tone, and legal compliance. You are solely responsible for the final content you publish or use.
•Data Processing: By using the Services, you consent to your Client Content and Review Data being processed by our AI models for the purpose of providing and improving the Services. We will not use your data to train third-party AI models unless explicitly stated in a separate agreement.
8. Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. Prohibited activities include, but are not limited to:
•Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
•Making any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email.
•Using the Services to advertise or offer to sell goods and services.
•Engaging in unauthorized framing of or linking to the Services.
•Interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services.
9. Termination
These Terms of Service shall remain in full force and effect while you use the Services. We reserve the right to deny access to and use of the Services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Service or of any applicable law or regulation.
10. Disclaimers and Limitation of Liability
A. Disclaimers
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
B. Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Governing Law and Dispute Resolution
These Terms and your use of the Services are governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law principles.
Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Geneva Switzerland
12. Contact Information
If you have any questions regarding these Terms of Service, please contact us at: