Terms of Service

1. Agreement to these Terms

These Terms of Service (“Terms”) are a binding agreement between you and Kindred PM, Inc., a corporation doing business as Kindred Voice (“Kindred,” “we,” “us”). They govern your access to and use of the Kindred Voice service, including our voice agent platform, the dashboard, the evaluation experience at /try, and any agent you create (together, the “Service”).

By accepting these Terms, creating an account, or using the Service, you accept them. If you do not agree, do not create an account.

Our Privacy Policy describes how we handle information and forms part of these Terms.

1.1 Order of precedence. If you have signed an order form, a master services agreement, or a data processing agreement with us, that agreement controls where it conflicts with these Terms, in that order. These Terms govern everything it does not address.

1.2 Evaluation access. Access provided free of charge — including /try, trials, and any feature we identify as beta or preview — is governed by §16, which modifies these Terms for that access.

2. Eligibility

2.1 Age. You must be at least 18 years old.

2.2 Business use. The Service is offered for business and professional use. It is not intended for personal, household, or consumer purposes.

2.3 Location. The Service is offered to customers located in the United States and Canada.

2.4 Authority. If you accept these Terms on behalf of a company or other organization, you represent that you have authority to bind it, and “you” refers to that organization.

3. The Service

3.1 What it does. The Service lets you configure voice agents that place and receive telephone calls, hold conversations, and record information from those conversations into your account.

3.3 Your agents are private to your account. Agent configurations and conversation records are accessible only to users signed in to your account. We do not expose them publicly.

3.4 Availability. We provide the Service in a professional and workmanlike manner and will use commercially reasonable efforts to keep it available. Where we have agreed a service level in an order form, that document governs availability and any remedy for failing to meet it.

3.5 Changes. We may modify the Service. We will not make a change that materially degrades a core function without giving you reasonable notice. If we discontinue the Service or a material part of it, we will give you at least ninety (90) days’ notice and refund any prepaid fees covering the period after discontinuation.

3.6 Support. We provide support at the level stated in your order form, or if none is stated, on a commercially reasonable basis by email.

4. Your account

4.1 You must provide an accurate email address and choose a password, or sign in through a supported identity provider. You are responsible for keeping your credentials confidential.

4.2 You are responsible for all activity under your account, including activity by users you invite. Notify us promptly at security@kindredvoice.ai if you believe your account has been accessed without authorization.

4.3 Do not share credentials between individuals. Add users as separate accounts.

5. Your responsibilities when operating an agent

An agent you build speaks to real people on your behalf. The obligations in this section are yours, not ours, and they are a condition of using the Service.

5.2 Your authority over the information you process. You represent that you have the rights and any necessary consents to collect and process the personal information your agents handle, and to have Kindred process it on your behalf.

5.3 Regulated information. Kindred is not acting as a HIPAA business associate, and the Service is not within the scope of PCI DSS. Do not configure agents to collect, and do not upload, protected health information, payment card numbers, financial account credentials, or biometric identifiers. If your use case requires handling protected health information, contact us before deploying; doing so requires a business associate agreement we have not entered into with you.

5.4 Voices. Do not submit any person’s voice for cloning, imitation, or synthesis without that person’s consent. Do not configure an agent to impersonate a specific real person.

5.5 Disclosure of automation. Do not configure an agent to deny being an automated system when a caller asks, and comply with any law that requires you to disclose that a caller is speaking with software.

5.6 Harmful use. Do not use the Service to create, facilitate, or attempt: harassment, threats, or abuse; fraud, deception, or impersonation of a real person or organization; unlawful discrimination; or any other unlawful activity.

5.7 Technical restrictions. Do not reverse engineer, decompile, or attempt to derive the source code or underlying models of the Service; access it by automated means except as we expressly permit; circumvent authentication, rate limits, or usage restrictions; probe or test the vulnerability of any system without our prior written consent; resell, sublicense, or provide the Service to any third party except as your order form allows; or use it to build a competing product.

5.8 Consequences. If you breach this section we may suspend access as described in §10.3.

6. Your content

6.1 What we mean. “Your Content” means the agent configurations you create, the documents and text you provide, the calls your agents handle, and the recordings, transcripts, and contact records generated from them.

6.2 You own it. As between you and Kindred, you retain all rights in Your Content. These Terms do not transfer ownership to us.

6.3 The license you give us. You grant Kindred a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display Your Content solely to operate, secure, support, and maintain the Service for you. This license exists so that we can run the product; it ends when Your Content is deleted, except for backups retained for the limited period described in our Privacy Policy.

6.4 We do not train on Your Content. We do not use Your Content — including recordings and transcripts — to train, fine-tune, or improve artificial intelligence models. We have configured our third-party AI providers on service tiers under which they likewise do not train on content submitted through our accounts. See §7.

6.5 Export. While your account is active you may export Your Content through the Service or by asking us.

7. Third-party AI and telephony providers

The Service works by sending your input to third-party providers for processing. This includes call audio: when your agent takes a call, the audio is transmitted to and processed by those providers in real time so the agent can understand and respond.

The audio recording is retained by our telephony provider and referenced from your account, and the transcript is retained by us. See §3.2 and our Privacy Policy §3.

Our Privacy Policy §5 identifies these providers. Your use of the Service constitutes your instruction to us to transmit Your Content to them for this purpose. We remain responsible for their performance of the services they provide to us.

8. Fees

8.1 Fees, billing frequency, and any usage-based charges are stated in your order form. Unless it says otherwise, fees are invoiced in advance and payable within thirty (30) days.

8.2 Fees are exclusive of taxes. You are responsible for any sales, use, or similar taxes, excluding taxes on our income.

8.3 Undisputed amounts more than thirty (30) days overdue may accrue interest at the lesser of 1.5% per month or the maximum permitted by law, and we may suspend the Service after giving you written notice and a reasonable opportunity to pay.

8.4 Except as expressly stated in these Terms or your order form, fees are non-refundable.

9. Confidentiality

9.1 Each party may receive information the other treats as confidential. The receiving party will use it only to perform under these Terms, protect it with at least reasonable care, and not disclose it except to personnel and advisors bound by comparable obligations.

9.2 These obligations do not apply to information that is public through no fault of the receiving party, was already known to it, is independently developed, or is rightfully received from a third party. A party may disclose confidential information where legally compelled, after giving notice where permitted.

9.3 Your Content is your confidential information.

10. Term, suspension, and termination

10.1 Term. These Terms apply from the moment you accept them until terminated. Subscription terms and renewal are governed by your order form.

10.2 Termination for convenience. You may close your account at any time. Where you have a paid subscription, termination takes effect at the end of the then-current term unless your order form says otherwise.

10.3 Suspension. We may suspend access without prior notice where necessary to protect the Service, our other customers, or a third party — including a security incident, a legal requirement, or a breach of §5 causing or likely to cause harm. We will tell you why and restore access once the cause is resolved. For any other breach we will give notice and a reasonable chance to fix it before suspending.

10.4 Termination for cause. Either party may terminate if the other materially breaches these Terms and does not cure within thirty (30) days of written notice.

10.5 Effect. On termination your right to use the Service ends. You may request an export of Your Content within thirty (30) days after termination. After that period we delete Your Content in accordance with our Privacy Policy, subject to the backup period described there.

10.6 Survival. Sections 5.2, 6.1, 6.2, 8, 9, 11, 12, 13, 14, and 15 survive termination.

11. Warranties and disclaimers

11.1 Our warranty. We warrant that the Service will perform materially as described in our documentation, and that we will provide it in a professional and workmanlike manner. If we breach this warranty, we will use commercially reasonable efforts to correct the problem; if we cannot within a reasonable time, you may terminate and receive a pro-rata refund of prepaid fees for the unusable portion. This is your exclusive remedy for breach of this warranty.

11.2 AI output. Automated speech recognition and language models are probabilistic. Transcripts may misrepresent what was said, and agent responses may be inaccurate or inappropriate. We do not warrant the accuracy of any output, and you should not use it as the sole basis for a decision with legal or financial consequences without human review.

EXCEPT AS EXPRESSLY STATED IN §11.1, THE SERVICE IS PROVIDED “AS IS,” AND KINDRED DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

12. Limitation of liability

12.1 NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.

12.2 EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU TO KINDRED IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. FOR ACCESS PROVIDED FREE OF CHARGE, THAT AMOUNT IS ONE HUNDRED U.S. DOLLARS (US$100).

12.3 Exclusions. The limits in §12.1 and §12.2 do not apply to: your obligation to pay fees; either party’s indemnification obligations under §13; a party’s breach of §9; or a party’s gross negligence, willful misconduct, or fraud.

Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you.

13. Indemnification

13.1 By Kindred. We will defend you against any third-party claim that the Service, as provided by us and used in accordance with these Terms, infringes a U.S. patent, copyright, or trademark, and will pay any damages finally awarded or agreed in settlement. This does not apply to claims arising from Your Content, your configuration of an agent, or use of the Service in combination with anything we did not supply.

13.2 By you. You will defend us against any third-party claim arising out of or relating to: Your Content; your configuration or operation of an agent, including any failure to give required recording notice under §5.1; your breach of §5; or your violation of any law or third-party right. You will pay any damages finally awarded or agreed in settlement.

13.3 Process. The indemnified party will notify the other promptly, give it sole control of the defense, and provide reasonable cooperation. Failure to give prompt notice reduces the indemnifying party’s obligation only to the extent it is prejudiced.

14. Feedback

If you send us suggestions, ideas, bug reports, or other feedback about the Service, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use it for any purpose without obligation or compensation to you. This does not give us any right to your confidential information or to Your Content.

15. General

15.1 Governing law and disputes. These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. You and Kindred submit to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware, and each of us waives any objection to venue there.

15.2 Changes to these Terms. We may update these Terms. If we make a material change, we will notify you by email or by notice in the Service at least thirty (30) days before it takes effect. Each version is dated. Continuing to use the Service after a change takes effect means you accept it; if you do not, you may terminate before it takes effect and receive a pro-rata refund of prepaid fees.

15.3 Entire agreement. These Terms, the Privacy Policy, and any order form or agreement referenced in §1.1 are the entire agreement between us regarding the Service.

15.4 Severability. If any provision is held unenforceable, the rest remains in effect.

15.5 No waiver. A failure to enforce a provision is not a waiver of it.

15.6 Assignment. Neither party may assign these Terms without the other’s written consent, except that either may assign them in connection with a merger, acquisition, or sale of substantially all assets.

15.7 Notices. We may give notice to the email address on your account. You may give notice to us at the address in §17.

15.8 Force majeure. Neither party is liable for a failure to perform caused by events beyond its reasonable control, excluding the obligation to pay fees.

15.9 Relationship. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

15.10 Export and sanctions. Each party will comply with applicable export control and sanctions laws. You represent that you are not located in, or acting on behalf of anyone in, a country or on a list subject to U.S. sanctions.

16. Free, trial, and preview access

This section applies to access provided free of charge — including /try, trials, and features identified as beta or preview — and overrides anything to the contrary elsewhere in these Terms for that access only.

• It is provided as is, without the warranty in §11.1 and without any service level or support commitment.
• We may modify, suspend, or discontinue it at any time without notice, and we may delete content created in it at any time. Do not use it as your only copy of anything you need.
• Unverified evaluation accounts and anything created in them are deleted automatically after 48 hours.
• Kindred’s total aggregate liability for such access is limited to US$100 as stated in §12.2.
• It is for evaluation. Please test with fictional or example information rather than real customer records.

17. Contact