Terms of Service

1. Definitions

The following terms have the meanings set forth below throughout this Agreement. "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where "control" means ownership of more than 50% of the voting interests. "Agreement" means these Terms of Service, any applicable order forms, and all policies incorporated by reference. "AI Assistant" means an automated voice assistant powered by artificial intelligence that handles inbound or outbound telephone calls on your behalf through the Services. "Beta Services" means features or functionality designated as alpha, beta, preview, early access, or similar. "Customer Data" means all electronic data and content you or your users submit to the Services. "CPNI" means Customer Proprietary Network Information as defined under 47 U.S.C. § 222 and FCC regulations. "Documentation" means user guides and technical documentation available at konci.ai/docs. "Services" means the Konci AI voice assistant platform, APIs, dashboards, phone number provisioning, and related software and services. "Subscription Term" means the period during which you are subscribed to a paid plan. "Users" means your employees, agents, contractors, and other individuals you authorize to use the Services on your behalf.

2. The Services

Konci grants you a limited, non-exclusive, non-transferable right to access and use the Services during your Subscription Term solely for your lawful internal business purposes and only in the form and manner made available by Konci. Konci and its licensors retain all right, title, and interest in and to the Services, platform, documentation, and all related intellectual property. No rights are transferred to you except those expressly granted in this Agreement. Konci may use aggregated, de-identified usage data for its business operations, including product improvement, without identifying you or your users.

3. E911 Emergency Calling Limitations

IMPORTANT: KONCI IS NOT A TRADITIONAL TELEPHONE SERVICE AND DOES NOT SUPPORT TRADITIONAL E911 EMERGENCY CALLING. PLEASE READ THIS SECTION CAREFULLY BEFORE USING THE SERVICES. Konci provides AI-powered voice assistant software that operates over internet-connected networks (VoIP). Our Services have significant limitations regarding emergency calling that you must understand: • Konci AI assistants cannot call or connect to emergency services (911) on behalf of a caller under any circumstances. • If a caller to your Konci AI assistant has an emergency, the AI assistant cannot transfer or escalate that call to 911 or any emergency service provider. • You are solely responsible for maintaining an independent means of reaching emergency services for yourself, your employees, and your customers. • You must prominently inform all callers who interact with your Konci AI assistants that the AI cannot contact emergency services on their behalf. • Konci strongly recommends that you configure your AI assistant scripts to detect emergency-related inquiries (including requests for police, fire, or medical assistance) and immediately instruct callers to hang up and dial 911 directly. Konci is not liable for any inability to reach emergency services through or in connection with our platform. By using the Services, you acknowledge these limitations and agree to notify all relevant parties — including your customers, employees, and the callers who interact with your AI assistants.

4. TCPA and Telemarketing Compliance

You are solely responsible for ensuring your use of the Services complies with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, all FCC regulations promulgated thereunder (including FCC 24-17 governing AI-generated voice calls), the Telemarketing Sales Rule (TSR), and all applicable federal and state telemarketing and consumer protection laws. Your obligations include, without limitation: (a) obtaining prior express written consent before using the Services to make automated or AI-generated voice calls or send automated text messages to consumers for marketing purposes; (b) honoring all opt-out requests immediately and maintaining your own internal Do Not Call list; (c) scrubbing your calling lists against the National Do Not Call Registry before initiating any outbound campaigns; (d) clearly identifying yourself and the purpose of each call at the outset of the call; and (e) complying with FCC requirements to disclose the use of artificial or prerecorded voices at the beginning of any such call. Konci provides tools to assist compliance, including configurable disclosure announcements, but such tools do not constitute legal advice and do not guarantee your compliance. You bear sole legal responsibility for TCPA and telemarketing compliance in connection with your use of the Services. Konci is not liable for any TCPA violations, regulatory actions, or third-party claims arising from your use of the Services, and you agree to indemnify and hold Konci harmless from all such claims.

5. Call Recording and Consent

The Services include features that record telephone conversations and generate AI transcripts. Call recording laws vary significantly by jurisdiction. In many U.S. states — including California, Florida, Illinois, Pennsylvania, Washington, and others — recording a telephone conversation requires the affirmative consent of all parties to the call. Federal law under the Electronic Communications Privacy Act, 18 U.S.C. § 2511, requires at minimum the consent of one party. You are solely responsible for: (a) determining the recording consent requirements applicable in all jurisdictions from which your callers may be calling; (b) enabling and configuring Konci's built-in call recording disclosure announcement, which plays an audible notice to callers before recording begins; (c) obtaining any additional consents required by applicable law beyond what Konci's announcement provides; and (d) maintaining records of consent if required by law. Konci's call recording disclosure feature is provided as a convenience and does not constitute legal advice. Enabling the disclosure feature does not guarantee legal compliance. Konci is not liable for your failure to obtain required consents, and you agree to indemnify Konci from all claims arising from your recording practices.

6. Caller ID and STIR/SHAKEN

Konci complies with FCC requirements for STIR/SHAKEN caller ID authentication frameworks as required under the TRACED Act. You agree not to use the Services to: (a) display inaccurate or misleading caller ID information; (b) misrepresent the identity of the calling party to deceive the called party; (c) spoof caller ID for any fraudulent, harmful, or unlawful purpose; or (d) violate the Truth in Caller ID Act, 47 U.S.C. § 227(e), or any other applicable law governing caller identification. You may only display caller ID numbers that are assigned to your account or that you are legally authorized to use. Violations of this section may result in immediate account suspension or termination without refund, and referral of the matter to the FCC or applicable regulatory authority.

7. Phone Number Provisioning

Konci provides access to telephone numbers provisioned through licensed telecommunications carriers. You acknowledge and agree that: (a) phone numbers are leased to you through Konci and are not sold, assigned, or transferred to you — you acquire no ownership interest in any phone number; (b) Konci reserves the right to reclaim, reassign, or release any phone number as required by FCC rules, carrier requirements, or other applicable law, and will provide reasonable advance notice where practicable; (c) phone number availability is not guaranteed in all area codes or geographic areas; (d) you may request to port a phone number into your Konci account from another carrier, subject to carrier portability rules and any applicable processing fees, and Konci does not guarantee that a port request will be approved or completed; (e) if your account is cancelled or terminated for any reason, all phone numbers associated with your account will be released back to the carrier pool within five (5) business days of account closure — you must initiate any outbound port request before your account closure date, as Konci cannot guarantee number portability after closure; and (f) you may not use Konci-provisioned phone numbers in violation of FCC regulations, carrier acceptable use policies, this Agreement, or any applicable law.

8. Customer Data

You retain all rights, title, and interest in and to your Customer Data. You grant Konci a limited, non-exclusive, royalty-free license to store, process, reproduce, and use your Customer Data solely as necessary to provide the Services, address technical or security issues, fulfill your instructions, and comply with applicable law. You represent and warrant that you have all rights necessary to provide Customer Data to Konci for these purposes and that doing so does not violate any applicable law or third-party rights. Konci will not use your Customer Data to train AI or machine learning models without your explicit, affirmative opt-in consent. For customers on Enterprise plans, Konci will not train AI models on Customer Data under any circumstances unless expressly specified in a written order form.

9. Restrictions and Acceptable Use

• ›Use the Services only for lawful internal business purposes and in compliance with all applicable laws
• ›Do not use the Services to violate the TCPA, TSR, Do Not Call rules, call recording consent laws, Truth in Caller ID Act, or any other applicable telecommunications or consumer protection law
• ›Do not use the Services to record calls without providing required consent disclosures or obtaining legally required consents
• ›Do not use the Services to display, transmit, or rely on inaccurate or spoofed caller ID information
• ›Do not use the Services for harassment, threats, abusive communications, or illegal robocalling
• ›Do not use the Services to transmit spam, malware, phishing content, or other harmful material
• ›Do not use the Services in any manner that damages or impairs Konci's network infrastructure or its relationships with telecommunications carriers
• ›Do not resell or sublicense access to the Services to third parties without Konci's written authorization
• ›Do not access the Services from jurisdictions subject to U.S. trade sanctions or export restrictions
• ›Do not attempt to reverse engineer, decompile, scrape, or data-mine the Services or extract source code
• ›Do not share account credentials with unauthorized parties or allow multiple individuals to use a single licensed seat

10. Artificial Intelligence Features

The Services include artificial intelligence features that process voice calls, generate transcripts, analyze conversations, and produce automated responses and summaries. You acknowledge that: (a) AI-generated outputs — including transcripts, call summaries, suggested responses, and analytics — are probabilistic and may contain errors, omissions, or inaccuracies; (b) Konci makes no warranties regarding the accuracy, completeness, timeliness, or reliability of AI-generated content; (c) AI voice assistants may occasionally misunderstand caller intent, respond inappropriately, or fail to handle complex or unusual scenarios; (d) you are solely responsible for reviewing and verifying AI outputs before relying on them for any business decision, customer communication, or legal purpose; and (e) all AI-generated output is provided "AS IS" with all faults and Konci assumes no liability for decisions made in reliance on such output.

11. Fees and Payment

Fees are determined by your selected service plan, applicable order form, or the pricing page at konci.ai/pricing. All fees for paid plans are due in advance on a monthly or annual basis. You must provide valid payment information and authorize Konci to charge your payment method on each billing date. Konci reserves the right to suspend or terminate access to the Services if any fees remain unpaid for more than ten (10) days after the due date. You must dispute any invoice within thirty (30) days of the invoice date to be considered for an adjustment; disputes submitted after this period will not be considered. Except as expressly provided in our refund policy (contact support@konci.ai), all fees are non-refundable. Usage-based charges (including per-minute overage fees and phone number monthly fees) are billed at the end of each billing cycle. Konci may change pricing with thirty (30) days' advance notice. You are solely responsible for all applicable taxes, regulatory fees, and governmental assessments associated with your use of the Services.

12. Warranties

Each party represents and warrants that it has full legal authority to enter into and perform this Agreement. Except for this representation, the Services are provided "AS IS" and "AS AVAILABLE." Konci disclaims all warranties, express, implied, statutory, and otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. Konci does not warrant that the Services will be uninterrupted, error-free, or completely secure. Beta Services are provided "AS IS" without warranty, support, or indemnification, and may be discontinued at any time without notice.

13. Confidential Information

Each party may receive confidential and proprietary information of the other ("Confidential Information"), which includes the terms of this Agreement, pricing, Customer Data, platform architecture, and business plans. Each party agrees to: (a) hold the other's Confidential Information in strict confidence, using at least the same degree of care it uses for its own confidential information, but no less than reasonable care; (b) not disclose Confidential Information to any third party without prior written consent; and (c) use Confidential Information only as necessary to perform obligations under this Agreement. Confidential Information does not include information that is publicly available through no fault of the receiving party, was already known to the receiving party without restriction, or is independently developed without use of the other party's Confidential Information.

14. Term, Renewal, and Termination

This Agreement begins on the date you first access the Services and continues until all subscriptions expire or are terminated. Unless otherwise specified in an order form, paid subscriptions automatically renew at the end of each billing period (monthly or annual) at the then-current pricing. To prevent auto-renewal, you must cancel at least thirty (30) days before the renewal date through your account dashboard or by contacting support@konci.ai. Either party may terminate this Agreement if the other materially breaches and fails to cure the breach within thirty (30) days of written notice — except that Konci may immediately suspend or terminate your account without a cure period for violations of Sections 4 (TCPA), 5 (Call Recording), 6 (Caller ID), or 9 (Acceptable Use). Upon termination or expiration: (a) your right to use the Services ends immediately; (b) your phone numbers are released to the carrier pool within five (5) business days; (c) you may request export of your account data within thirty (30) days, after which Konci may permanently delete it.

15. Indemnification

You agree to defend, indemnify, and hold harmless Konci LLC and its members, managers, officers, employees, and agents from and against any and all third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your violation of any provision of this Agreement; (b) your violation of the TCPA, TSR, Do Not Call rules, call recording consent laws, Truth in Caller ID Act, or any other applicable law in connection with your use of the Services; (c) your Customer Data, including any claim that Customer Data infringes or misappropriates third-party rights; (d) decisions made in reliance on AI-generated outputs from the Services; or (e) your configuration or operation of AI assistants. Konci will defend you against third-party claims that the Services, as authorized under this Agreement, infringe a U.S. patent, copyright, trademark, or trade secret, and will pay resulting damages and reasonable attorneys' fees, provided you promptly notify Konci, grant Konci sole control of the defense, and cooperate with Konci's reasonable requests.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KONCI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY YOU TO KONCI IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS DO NOT APPLY TO: (A) EITHER PARTY'S INDEMNIFICATION OBLIGATIONS; (B) YOUR VIOLATION OF SECTIONS 4, 5, 6, OR 9 OF THIS AGREEMENT; OR (C) EITHER PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. Some jurisdictions do not permit the exclusion or limitation of certain types of damages; in such jurisdictions, Konci's liability is limited to the maximum extent permitted by applicable law.

17. General Provisions

• ›Relationship of Parties: The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship.
• ›Notices: Legal notices to Konci must be sent in writing to legal@konci.ai or to Konci LLC, Attn: Legal Department, 7975 N Hayden Rd Suite A210, Scottsdale, AZ 85258. Notices are effective upon confirmed receipt. Konci may send notices to the email address on your account.
• ›Assignment: You may not assign or transfer this Agreement or any rights hereunder without Konci's prior written consent. Konci may assign this Agreement to an affiliate or in connection with a merger, acquisition, or sale of substantially all of its assets. Any unauthorized assignment is void.
• ›Severability: If any provision of this Agreement is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.
• ›Waiver: Failure by either party to enforce any provision of this Agreement will not constitute a waiver of the right to enforce that provision in the future.
• ›Entire Agreement: This Agreement, together with any order forms and incorporated policies (including our Privacy Policy), constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior negotiations, representations, and agreements.
• ›Modifications: Konci may modify this Agreement at any time. For material changes, Konci will provide at least thirty (30) days' advance notice via email or platform notification. Continued use of the Services after changes take effect constitutes your acceptance of the updated Agreement. If you object to a modification, you may cancel your subscription before the changes take effect.
• ›Export Controls: The Services and related technology may be subject to U.S. export laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. government embargo, and that you are not on any U.S. government denied-party list.
• ›Force Majeure: Neither party is liable for delay or failure to perform due to causes beyond its reasonable control, including natural disasters, government actions, telecommunications failures, labor disputes, or denial-of-service attacks. The affected party must promptly notify the other and use reasonable efforts to mitigate the impact.
• ›No Third-Party Beneficiaries: This Agreement benefits only the parties, their successors, and permitted assigns. No other person or entity acquires any rights hereunder.

18. Arbitration and Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to this Agreement or the Services, the parties agree to first attempt resolution through good-faith negotiation for a period of at least thirty (30) days following written notice of the dispute before initiating formal proceedings. If the dispute is not resolved through negotiation, it shall be finally settled by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, by a single arbitrator with experience in commercial contracts. Arbitration shall be conducted in Maricopa County, Arizona, or by remote proceeding. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. YOU AND KONCI EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. Claims must be brought in an individual capacity only. You may opt out of this arbitration agreement by sending written notice to legal@konci.ai within thirty (30) days of first accepting these Terms; your notice must include your name, account email address, and a clear statement that you are opting out of arbitration. If the arbitration clause is found unenforceable or does not apply, disputes shall be resolved exclusively in the state or federal courts located in Maricopa County, Arizona.

19. Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any conflict of law principles that would require the application of another jurisdiction's law. Subject to the arbitration clause in Section 19, the parties consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona for any dispute not subject to arbitration.

20. Contact Information

For legal questions, contract notices, or to request a Business Associate Agreement, contact us at: legal@konci.ai. Written notices may be sent to: Konci LLC, Attn: Legal Department, 7975 N Hayden Rd Suite A210, Scottsdale, AZ 85258. For general support inquiries, visit konci.ai/support or email support@konci.ai.