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

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 Kyvora (or their agency) as the specific sender. 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. Credits are consumed on a per-message basis. Credits are non-refundable except as required by applicable law. Credits do not expire. 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. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Contact

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

Kyvora Technologies LLC
San Francisco, CA 94114
United States