Terms and Conditions
as of March 17th, 2025
THIS DOCUMENT OUTLINES THE GENERAL TERMS AND CONDITIONS ("Terms") under which Kakiyo ("Kakiyo," "we," "us," or "our") provides access to its website (https://www.kakiyo.com) and its application (https://app.kakiyo.com) and related services (collectively, the "Services"). By using our Services, you ("User," "you," "your," or "Client") agree to comply with and be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY. BY SUBSCRIBING TO, ACCESSING, OR USING OUR WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE CURRENT VERSION OF THE FOLLOWING DOCUMENTS.
1INTRODUCTION
1.1 Kakiyo
Kakiyo is an AI-powered LinkedIn prospecting solution that automates end-to-end conversations, qualifies prospects, and books meetings autonomously.
1.2 Definitions
- Services: All features, tools, and functionalities provided by Kakiyo
- User: Any individual or entity using our Services
- Account: Your registered profile and access credentials
- AI: Artificial intelligence technology powering our platform
- Content: All data, messages, and information processed through our Services
- Data: Personal and business information collected or processed
- Subscription Plan: Your chosen service tier and billing arrangement
- Payment Method: Your designated payment source for subscription fees
- Term: The duration of your service agreement
2ACCEPTANCE OF TERMS
2.1 Agreement to Terms
By accessing or using our Services, you enter into a binding legal contract with Kakiyo and agree to comply with these Terms.
2.2 Account Usage and Compliance
You must own and have full control over the LinkedIn account used with our Services. You are responsible for ensuring compliance with LinkedIn's Terms of Service.
2.3 User Eligibility
You must be at least 18 years old and have the legal authority to enter into this agreement on behalf of yourself or your organization.
2.4 Prohibited Actions
- Using the Services for illegal or unauthorized purposes
- Attempting to reverse engineer or hack our platform
- Sharing account credentials with unauthorized parties
- Using the Services to send spam or malicious content
- Violating any applicable laws or regulations
2.5 No Trial Period or Refunds
All payments are final. We do not offer trial periods or refunds for any subscription plans or services.
3DESCRIPTION OF SERVICES
3.1 AI-Driven Prospecting
Our Services provide AI-powered automation for LinkedIn prospecting, including lead identification, message personalization, and conversation management.
3.2 Functionality
The AI operates by analyzing prospect profiles, crafting personalized messages, managing conversations, and qualifying leads based on your specified criteria.
3.3 Conversation Management
Our platform handles the complete conversation lifecycle from initial outreach through qualification and meeting scheduling.
3.4 Service Updates
We reserve the right to modify, update, or discontinue any aspect of our Services at any time with or without notice.
4USER RESPONSIBILITIES
4.1 Account and Authentication
You are responsible for maintaining the security of your account credentials and for all activities that occur under your account.
4.2 Compliance
You must comply with all applicable laws, regulations, and LinkedIn's Terms of Service when using our Services.
4.3 Prohibited Conduct
- Sending unsolicited or inappropriate messages
- Misrepresenting your identity or business
- Using automated tools beyond our Services
- Attempting to circumvent platform limitations
- Engaging in harassment or discriminatory behavior
4.4 LinkedIn Profile Requirements
You must maintain an accurate, complete, and professional LinkedIn profile that complies with LinkedIn's community guidelines.
4.5 Account Security
You must implement appropriate security measures to protect your account and immediately notify us of any unauthorized access.
5DATA PRIVACY AND USAGE
5.1 Data Ownership
Kakiyo owns all data collected, processed, or generated through the use of our Services, including but not limited to prospect information, conversation data, and usage analytics.
5.2 User Consent
By using our Services, you waive any rights to data collected through our platform and consent to our data processing activities as outlined in our Privacy Policy.
5.3 Data Processing
We process data in compliance with GDPR requirements, including:
- Lawful basis for processing
- Data minimization principles
- Purpose limitation
- Storage limitation
- Accuracy requirements
- Security measures
5.4 Data Security
We implement industry-standard security measures to protect data from unauthorized access, disclosure, or destruction.
5.5 Data Retention
We retain data for as long as necessary to provide our Services and comply with legal obligations.
5.6 User Access to Data
You may request access to your personal data in accordance with applicable data protection laws.
5.7 Data Breach Notification
We will notify affected users of any data breaches in accordance with applicable legal requirements.
5.8 Third-Party Data Processing
We may engage third-party service providers to process data on our behalf under appropriate data processing agreements.
6INTELLECTUAL PROPERTY
6.1 Ownership
Kakiyo owns all intellectual property rights in and to:
- Technology: All software, algorithms, AI models, and technical infrastructure
- Prompts: All AI prompts, templates, and conversation frameworks
- Website: All content, design, and functionality of our website and application
- Trademarks: All brand names, logos, and identifying marks
- Copyrights: All original content, documentation, and creative works
6.2 License
We grant you a limited, non-exclusive, non-transferable license to use our Services solely for your LinkedIn account management and prospecting activities.
6.3 Restrictions
You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code.
6.4 Feedback
Any feedback, suggestions, or ideas you provide to us become our property and may be used without compensation or attribution.
6.5 Third-Party Services
Our Services may integrate with third-party platforms. We do not claim ownership of third-party intellectual property.
7PAYMENT TERMS
7.1 Subscription Fees
All subscription fees are billed monthly in advance through Stripe. Payments are due immediately upon subscription activation.
7.2 No Refund Policy
All payments are final and non-refundable. We do not provide refunds for any reason, including early termination or dissatisfaction with Services.
7.3 Failed Payments
Failed payments will be automatically retried. Continued payment failures may result in service suspension or account termination.
7.4 Invoice Disputes
Any billing disputes must be reported within 30 days of the invoice date. Disputes reported after this period will not be considered.
7.5 Price Changes
We may change our pricing with 30 days' written notice. Continued use of Services after price changes constitutes acceptance of new rates.
7.6 Payment Methods
You must provide a valid payment method and maintain current billing information. You authorize us to charge your payment method for all applicable fees.
8LIABILITY AND DISCLAIMERS
8.1 User Responsibility
You are fully responsible for all content generated by our AI and all consequences of using our Services. You assume all liability for AI-generated messages and interactions.
8.2 Disclaimer of Warranties
Our Services are provided "as is" without warranties of any kind. We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose.
8.3 Limitation of Liability
Our liability is limited to the amount you paid for Services in the 12 months preceding the claim. We are not liable for indirect, incidental, or consequential damages.
8.4 Indemnification
You agree to indemnify and hold harmless Kakiyo from any claims, damages, or expenses arising from your use of our Services or violation of these Terms.
9TERMINATION OF SERVICES
9.1 Suspension or Termination by Kakiyo
We may suspend or terminate your access to our Services immediately and without notice for:
- Violation of these Terms
- Non-payment of fees
- Fraudulent or illegal activity
- Abuse of our Services
- LinkedIn account suspension or termination
- Any reason at our sole discretion
9.2 User Termination
You may terminate your account at any time by contacting support. Termination does not entitle you to any refunds.
9.3 Effect of Termination
Upon termination, your access to Services will cease immediately. All data may be deleted, and you remain liable for any outstanding fees.
9.4 Reactivation of Accounts
Reactivation of terminated accounts is at our sole discretion and may require payment of all outstanding fees.
10MODIFICATIONS TO TERMS
10.1 Right to Modify
We reserve the right to modify these Terms at any time. Changes become effective immediately upon posting to our website.
10.2 Notification
We will notify users of material changes via email or through our platform. It is your responsibility to review Terms regularly.
10.3 Continued Use
Your continued use of our Services after changes constitutes acceptance of the modified Terms.
10.4 Review and Acceptance
You have 30 days from notification to review changes. If you disagree with modifications, you must terminate your account.
11GOVERNING LAW AND DISPUTE RESOLUTION
11.1 Governing Law
These Terms are governed by French law. Any disputes will be subject to the exclusive jurisdiction of French courts.
11.2 Dispute Resolution
All disputes must be resolved through binding arbitration in accordance with French arbitration rules.
11.3 Arbitration Procedures
Arbitration will be conducted by a single arbitrator appointed by mutual agreement. The arbitrator's decision is final and binding. Each party bears their own costs unless otherwise determined by the arbitrator.
11.4 Exception to Arbitration
Either party may seek injunctive relief in court to protect intellectual property rights or prevent irreparable harm.
12CONTACT INFORMATION
12.1 Support
For technical support and general inquiries, please use our Intercom support system available in the application.
12.2 Contact Details
For legal matters and formal communications, contact us at support@kakiyo.com.
13CONFIDENTIALITY
13.1 Confidential Information
Confidential information includes all non-public information about our business, technology, customers, and operations disclosed during your use of our Services.
13.2 Exclusions
Information is not confidential if it is publicly available, independently developed, or rightfully received from third parties without confidentiality restrictions.
13.3 Obligations
You agree to maintain confidentiality, use information solely for authorized purposes, and implement reasonable security measures to protect confidential information.
13.4 Duration of Confidentiality
Confidentiality obligations survive termination of these Terms and continue for 5 years from disclosure.
14FORCE MAJEURE
14.1 Events of Force Majeure
Force majeure events include natural disasters, wars, terrorism, government actions, labor disputes, or other circumstances beyond our reasonable control.
14.2 Consequences
During force majeure events, our obligations under these Terms may be suspended without liability for the duration of the event.
14.3 Termination
If a force majeure event continues for more than 30 days, either party may terminate these Terms with written notice.
15MISCELLANEOUS
15.1 Transfer of the Agreement
You may not transfer or assign your rights under these Terms without our written consent. We may transfer our rights at any time.
15.2 Subcontracting
We may engage third-party contractors to provide Services, subject to appropriate confidentiality and security obligations.
15.3 Entire Agreement
These Terms constitute the entire agreement between parties and supersede all prior agreements, representations, and understandings.
15.4 Severability
If any provision is found invalid or unenforceable, the remaining provisions continue in full force and effect.
15.5 Waiver
Waiver of any provision must be in writing. No waiver of any provision constitutes a waiver of any other provision or future waiver.
15.6 Notices
All notices must be in writing and delivered to the addresses specified in these Terms or as updated by the parties.
15.7 Governing Language
These Terms are written in English. In case of translation conflicts, the English version prevails.
15.8 Headings
Section headings are for reference only and do not affect the interpretation of these Terms.