Terms of Service

These Terms of Service, hereinafter "the Terms", govern the contractual relationship between KYZEN A.I. S.A.S., a Colombian company incorporated in the city of Barranquilla, hereinafter "Kyzen", and any natural or legal person who accesses or uses the Service, hereinafter "User" or "Client".

By registering, accessing, or using the Service, the User expresses full acceptance of these Terms, Kyzen's Privacy Policy, and Acceptable Use Policy, which together constitute an integral agreement between the parties. If the User acts on behalf of a company or organization, they declare having sufficient legal authority to bind it through acceptance of these Terms. If you do not agree, you must refrain from using the Service.

Kyzen is a Software as a Service (SaaS) platform that integrates a Customer Relationship Management (CRM) system with messaging automation through Meta Platforms Inc.'s WhatsApp Business API. The Service includes, among other features: shared inbox management, response automation, lead and contact management, task and internal note logging, and team performance reporting.

2.1. Use of Artificial Intelligence (AI) The response automation component operates through the integration of third-party foundational model APIs, such as OpenAI, Anthropic, and Google. Kyzen configures these integrations in commercial mode, under which providers are obligated not to use the Client's data, prompts, or conversations to train their public models. Kyzen reserves the right to route requests to the AI model it considers technically most optimal for service delivery at any given time.

To access the Service, the User must create an account providing truthful, complete, and up-to-date information. The User is solely responsible for: (i) maintaining the confidentiality of their access credentials; (ii) all activity carried out under their account or workspace, including the actions of their agents; and (iii) notifying Kyzen immediately of any unauthorized use of their account.

Subscription plan prices are available at kyzen.live and may be modified with thirty (30) days' prior notice. Payments are processed on a recurring basis —monthly or annually depending on the chosen plan— through the Mercado Pago platform. Kyzen reserves the right to suspend or cancel accounts that provide false information, violate these Terms, or are used fraudulently.

Kyzen and its providers retain all intellectual property rights over the platform, its source code, design, brand, trade name, and proprietary content. Under these Terms, the User receives only a limited, non-exclusive, non-transferable, and revocable license to access and use the Service as set forth herein.

The User retains full ownership of the data they enter into the system, including leads, conversations, and notes. By using the Service, the User grants Kyzen a limited, non-exclusive, royalty-free license to process such data for the sole purpose of providing the contracted Service. Kyzen expressly warrants that the User's data and conversations will not be used directly or indirectly to train proprietary language models, nor will they be transferred to third parties for the training of publicly accessible Artificial Intelligence models.

Kyzen will make commercially reasonable efforts to keep the platform continuously available. However, one hundred percent (100%) availability is not guaranteed. The Service may be interrupted due to scheduled maintenance —with prior notice to the User— or due to failures in third-party infrastructure.

To the maximum extent permitted by Colombian law, Kyzen shall not be liable for: indirect, incidental, special, punitive, or consequential damages, or for loss of data, revenue, business opportunities, or commercial reputation; inaccuracies of Artificial Intelligence ("hallucinations"), as the Client assumes full responsibility for reviewing configured automations; or Service interruptions caused by failures in Meta Platforms Inc.'s infrastructure or AI model providers' servers.

Kyzen's total cumulative liability to the User shall not exceed the amount actually paid by the User during the three (3) calendar months immediately preceding the event giving rise to the claim.

The User agrees to indemnify, defend, and hold harmless KYZEN A.I. S.A.S., its partners, legal representative, employees, and providers from and against any claim, demand, damage, loss, fine, penalty, or expense —including attorneys' fees— arising from or related to: (i) misuse of the Service; (ii) violation of these Terms; (iii) infringement of intellectual property rights or other third-party rights; (iv) non-compliance with data protection regulations applicable to the User's contacts; or (v) sanctions, fines, or infrastructure blocks imposed by Meta Platforms Inc. resulting from sending unsolicited messages (spam) or failure to collect prior consent (opt-in) from the User's contacts.

These Terms are governed by and construed in accordance with the laws of the Republic of Colombia. In the event of any dispute arising from or related to these Terms, the parties agree to first attempt an amicable resolution within a maximum period of thirty (30) calendar days.

If no agreement is reached within that period, the dispute may be submitted, at the claimant's choice, to: (i) the ordinary courts of competent jurisdiction in the city of Barranquilla, Colombia; or (ii) an arbitration tribunal of the Arbitration and Conciliation Center of the Barranquilla Chamber of Commerce, whose award shall be final and binding upon the parties.

If any provision of these Terms is declared invalid or unenforceable by a competent authority, the remaining provisions shall remain in full force and effect. Kyzen's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Kyzen may assign or transfer its rights and obligations under these Terms to any entity that acquires or controls all or a substantial part of Kyzen's business. The User may not assign their rights or obligations without Kyzen's prior written consent.