IMPORTANT NOTICE – DISPUTE RESOLUTION

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE REVIEW CAREFULLY BEFORE USING THE PLATFORM.

1. Agreement Overview

These Terms of Service (“Terms”) govern your access to and use of the platform, services, AI tools, CRM systems, automation systems, white-label services, integrations, and related offerings (collectively, the “Platform”) provided by:

Ksom Ai Solutions inc (“KSOM,” “we,” “us,” or “our”).

By creating an account, accessing, or using the Platform, you confirm that:

1. You have read and agree to these Terms.
2. You are at least 18 years old.
3. You have authority to bind your business entity (if applicable).
4. Information provided during registration is accurate and complete.

If you do not agree, do not use the Platform.

2. Use of the Platform

Age Requirement

You must be at least 18 years old.

Account Responsibility

You are responsible for:

• Maintaining login confidentiality
• All activity under your account
• Ensuring your users comply with these Terms

Accounts are non-transferable without written consent from KSOM.

3. Intended Business Use

The Platform is provided for business use only.

You agree:

• Not to reverse engineer or copy the Platform
• Not to violate applicable laws
• Not to use the Platform for prohibited activities
• Not to misrepresent your relationship with KSOM

You are solely responsible for:

• Customer relationships
• Legal compliance
• Regulatory compliance (GDPR, CCPA, HIPAA, TCPA, etc.)
• Tax calculation, collection, and remittance

KSOM provides technology tools only — not legal, tax, accounting, or regulatory advice.

4. AI Usage Policy

If you use AI features:

• AI output may be inaccurate.
• You must review and validate AI-generated content.
• AI output does NOT constitute legal, medical, tax, or financial advice.
• You may not upload sensitive personal data or PHI into AI tools unless explicitly authorized.
• You must disclose when customers are interacting with AI systems.

AI features are provided “AS IS.”

5. Telecommunications & Marketing Compliance

You are solely responsible for compliance with:

• TCPA
• CAN-SPAM
• GDPR
• State telemarketing laws
• 10DLC registration requirements
• Carrier rules
• International marketing laws

KSOM does not initiate communications. You are the sender for legal purposes.

You must:

• Obtain required consent
• Maintain compliance records
• Ensure lawful marketing conduct

6. Payment Terms

Fees

Fees may include:

• Subscription fees
• Usage-based fees
• Communication charges
• Add-ons

Subscriptions auto-renew unless cancelled.

No Refund Policy

All fees are non-refundable unless required by law.

Wallet System

If applicable:

• Wallet balances may auto-replenish.
• Negative balances will be automatically charged to your payment method.
• Unused wallet funds may expire after 30 days post-termination.

7. White Label & Resale (If Applicable)

If authorized to white-label:

• You remain fully responsible for your customers.
• You may not misrepresent yourself as KSOM.
• You must not engage in deceptive pricing.
• Lifetime access resale is prohibited without written approval.

KSOM reserves the right to suspend resale privileges at its discretion.

8. Intellectual Property

All Platform content, technology, design, workflows, AI systems, trademarks, and branding are the property of Ksom Ai Solutions inc or its licensors.

You may not:

• Copy
• Modify
• Reverse engineer
• Create derivative works
• Remove proprietary notices

Feedback you provide becomes property of Ksom Ai Solutions inc without compensation.

9. Third-Party Services

The Platform may integrate third-party services.

KSOM:

• Is not responsible for third-party services
• Makes no guarantees regarding third-party integrations
• Disclaims liability for outages or data loss related to third parties

Your use of third-party tools is at your own risk.

10. Data & Privacy

Your use of the Platform is subject to our Privacy Policy.

You are responsible for:

• Providing privacy notices to your customers
• Obtaining required consent
• Managing data subject rights requests
• Data breach notifications
• Proper data retention practices

KSOM acts as a processor where applicable.

11. Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.”

KSOM DISCLAIMS ALL WARRANTIES INCLUDING:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Continuous uptime

We do not guarantee profitability or business success.

12. Limitation of Liability

To the maximum extent permitted by law:

KSOM’s total liability shall not exceed the amount you paid in the previous three (3) months.

KSOM is not liable for:

• Indirect damages
• Lost profits
• Data loss
• Business interruption
• Third-party service issues

13. Indemnification

You agree to indemnify and hold KSOM harmless from claims arising from:

• Your misuse of the Platform
• Regulatory violations
• Marketing violations
• Data privacy violations
• AI misuse
• Tax non-compliance
• Customer disputes

14. Termination

KSOM may suspend or terminate your account:

• For violation of Terms
• For non-payment
• For suspected fraud
• For regulatory risk

Upon termination:

• Access ceases immediately
• Data may be deleted after 90 days
• No refunds are issued

15. Governing Law & Arbitration

These Terms are governed by the laws of the State of Georgia, without regard to conflict of law principles.

All disputes shall be resolved through binding arbitration in Fulton County, Georgia, under the rules of the American Arbitration Association.

You waive the right to participate in class actions.

16. Contact Information

For legal notices, support, or questions:

Ksom Ai Solutions inc World Park 190 Bluegrass Valley Parkway Alpharetta, GA 30005 USA

Email: [email protected]