Terms of Service

1. Acceptance of Terms

By accessing or using the Kyvora platform, you agree to be bound by these Terms of Service (“Terms”). If you are using Kyvora on behalf of an organization, you represent that you have authority to bind that organization. If you do not agree to these Terms, do not use the Platform.

YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THIS PLATFORM. By using Kyvora, you represent and warrant that you are at least 18 years old. If you are under 18, do not access or use the Platform.

2. Platform Description and Permitted Use

Kyvora provides an AI-powered candidate outreach and screening platform. Customers may use the Platform to send automated SMS and email messages to Candidates for legitimate recruiting purposes only. Prohibited uses include:

• Sending messages to individuals who have not given prior express written consent as required by the TCPA
• Using the Platform for any purpose other than bona fide recruiting and employment coordination
• Sending spam, unsolicited commercial messages, or messages violating CAN-SPAM
• Uploading lists of contacts obtained through scraping, purchased lists, or other non-consensual means
• Circumventing opt-out requests or STOP commands
• Using the Platform in a manner that violates any applicable law or regulation
• Reverse engineering, copying, scraping, crawling, or attempting to extract source code, system prompts, models, workflows, or non-public Platform functionality
• Interfering with or disrupting the Platform, including denial-of-service attacks, abusive automation, or attempts to bypass rate limits or security controls
• Uploading malicious code, malware, or unlawful content
• Using the Platform to make fully automated employment decisions without human review
• Using the Platform in violation of employment, anti-discrimination, labor, privacy, telecommunications, export control, or sanctions laws

3. TCPA Compliance and Customer Responsibility

CUSTOMERS BEAR SOLE RESPONSIBILITY FOR TCPA COMPLIANCE.

The Telephone Consumer Protection Act (47 U.S.C. § 227) and FCC regulations require prior express written consent before sending automated or AI-generated text messages to cell phones. By using Kyvora, Customer represents and warrants that:

• Customer has obtained valid prior express written consent from each Candidate before initiating any SMS outreach
• Such consent was obtained in accordance with applicable FCC rules, including the requirement that consent be separate from other terms and specifically authorize automated messages
• Customer maintains records of all consents and can produce them upon request
• Customer will immediately honor opt-out requests and will not upload phone numbers of individuals who have previously opted out
• Customer's use of the Platform complies with all federal, state, and local laws including but not limited to TCPA, CAN-SPAM, CCPA, and applicable state mini-TCPA statutes

Kyvora is not responsible for Customer's failure to obtain proper TCPA consent. Customers agree to indemnify and hold harmless Kyvora from any claims, damages, or regulatory actions arising from Customer's TCPA non-compliance.

4. FCC Regulations and 2024 Rule Changes

Effective January 27, 2025, the FCC requires that each message sender obtain consent separately — a single consent form cannot authorize multiple unrelated companies. Customers using Kyvora must ensure their consent process identifies the recruiting organization, staffing agency, employer, or other legally required sender in accordance with applicable law. Customers are solely responsible for ensuring their consent mechanisms comply with current FCC rules, including the “one-to-one consent” requirement.

5. Credits and Billing

Platform access is credit-based. Screening credits are consumed when a screening conversation is started, not on a per-message basis. Credits currently expire 90 days after they are granted and are used oldest-first. Credits are non-refundable except as required by applicable law, for a duplicate or erroneous charge, or through the credit-restoration process for a verified platform error — see our Refund Policy for full detail on billing, cancellation, and credit-restoration terms. Kyvora reserves the right to adjust credit pricing with 30 days' notice. Abuse of the Platform (e.g., attempting to circumvent credit deduction) may result in account termination without refund.

6. AI-Generated Content Disclaimer

Kyvora uses AI language models to generate candidate screening messages and scores. AI-generated content may contain errors. Kyvora makes no warranty about the accuracy, completeness, or fitness for purpose of AI-generated content. Customers should not make employment decisions based solely on AI-generated scores without human review. AI scores are advisory, not determinative.

7. Employment Decisions and Human Review

Kyvora provides AI-assisted recruiting coordination, screening summaries, and candidate scoring for informational purposes only. Customers remain solely responsible for all recruiting, hiring, placement, employment, credentialing, and related decisions. Customers agree not to make employment decisions based solely on AI-generated outputs without appropriate human review.

Customers are responsible for ensuring their use of the Platform complies with all applicable employment and anti-discrimination laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, state employment laws, and any laws governing automated employment decision tools.

8. Data and Privacy

Customer data handling is governed by our Privacy Policy, which is incorporated into these Terms by reference. Customer is the data controller for Candidate personal data processed through the Platform. Kyvora acts as a data processor on Customer's behalf. Customer is responsible for having a lawful basis for processing Candidate data.

Customer remains responsible for providing all legally required notices to Candidates and for obtaining all legally required consents before uploading or processing Candidate data through the Platform.

9. Customer Data and Intellectual Property

Customer retains all right, title, and interest in the data, content, candidate information, job descriptions, screening questions, and materials Customer submits to the Platform (“Customer Data”).

Kyvora retains all right, title, and interest in and to the Platform, software, user interface, workflows, AI configurations, prompts, scoring logic, documentation, trademarks, service marks, logos, and all related technology and intellectual property.

Customer grants Kyvora a limited, non-exclusive, worldwide license to host, process, transmit, display, and use Customer Data solely as necessary to provide, secure, maintain, support, and improve the Platform, comply with law, and enforce these Terms.

10. Service Availability and Third-Party Providers

The Platform may depend on third-party providers, including messaging, email, cloud infrastructure, database, payment, and AI model providers. Kyvora does not control those providers and is not responsible for delays, outages, failures, or errors caused by third-party services.

Kyvora may modify, suspend, or discontinue parts of the Platform from time to time. Unless Kyvora separately agrees in writing to a specific service level agreement, the Platform is provided without any uptime or availability guarantee.

11. Warranty Disclaimer

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, KYVORA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, AND THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED.

12. Beta Features

Kyvora may make beta, preview, experimental, or early-access features available from time to time. Such features are provided for evaluation purposes only, may be modified or discontinued at any time, and are provided without warranties, commitments, or liability.

13. Account Security

Customer is responsible for maintaining the confidentiality of account credentials, restricting access to authorized users, and all activity occurring under Customer's account. Customer must promptly notify Kyvora of any unauthorized access, suspected security incident, or misuse of the Platform.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KYVORA'S TOTAL LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT CUSTOMER PAID TO KYVORA IN THE 12 MONTHS PRECEDING THE CLAIM. KYVORA IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR REGULATORY FINES INCURRED BY CUSTOMER.

15. Indemnification

Customer agrees to indemnify, defend, and hold harmless Kyvora Technologies LLC and its officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including attorneys' fees) arising from: (a) Customer's use of the Platform; (b) Customer's violation of these Terms; (c) Customer's violation of any law or third-party rights; or (d) any claim by a Candidate arising from Customer's outreach.

16. Termination

Kyvora may suspend or terminate any account that violates these Terms, engages in TCPA violations, or poses a risk to the Platform or other users. Customers may cancel at any time. Upon termination, Customer data is retained per our Privacy Policy retention schedule.

Kyvora may also suspend or restrict access immediately if Kyvora reasonably believes that Customer's use of the Platform may violate law, create security risk, cause harm to Candidates, Kyvora, carriers, service providers, or other customers, result in regulatory exposure, involve non-payment, or threaten the integrity of the Platform.

17. Force Majeure

Kyvora will not be liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disasters, labor disputes, acts of war or terrorism, civil unrest, government actions, internet or telecommunications failures, cyberattacks, power outages, failures of third-party providers, or other events of force majeure.

18. Export Controls and Sanctions

Customer may not use, export, re-export, or access the Platform in violation of U.S. export control laws, sanctions laws, or other applicable trade restrictions. Customer represents that it is not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions and is not listed on any restricted party list.

19. Assignment

Customer may not assign or transfer these Terms without Kyvora's prior written consent. Kyvora may assign these Terms in connection with a merger, acquisition, corporate reorganization, financing, or sale of all or substantially all of its assets.

20. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any dispute arising under these Terms shall first be subject to good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, seated in San Francisco, California. YOU AND KYVORA EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN CLASS ACTION LITIGATION.

Note: This arbitration provision does not apply to claims for injunctive or other equitable relief related to intellectual property.

21. Contact

Legal: legal@kyvoratech.com
Support: support@kyvoratech.com

Kyvora Technologies LLC
San Francisco, CA 94114
United States