Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between you and Kyte (“Kyte”, “we”, “us” or “our”) and govern your access to and use of the Kyte platform, applications, APIs and related services (together, the “Service”).

By creating an account, clicking to accept these Terms, or otherwise accessing or using the Service, you agree to be bound by them. If you are entering into these Terms on behalf of a company or other organisation, you represent that you have authority to bind that organisation, and “you” refers to that organisation. If you do not agree to these Terms, you must not use the Service.

Our Privacy Policy and Cookie Policy are incorporated into these Terms by reference.

Kyte is an omnichannel customer support and customer relationship management platform. Depending on the plan and integrations you enable, the Service may include:

• a shared team inbox that unifies conversations across channels such as WhatsApp, Telegram, Instagram, Messenger and website live chat;
• CRM functionality including contact records, leads and pipelines;
• marketing broadcasts and message sequences;
• workflow automation and scheduled actions;
• AI agents and AI assistance features;
• tracked links, reporting and analytics;
• voice calling, where you enable and configure a telephony provider.

We may add, modify or discontinue features over time. We will not make changes that materially reduce the core functionality of a paid plan during your then-current billing period without notifying you.

The Service depends on third-party platforms and networks that we do not control, including messaging providers and telephony carriers. Their availability, policies and rate limits directly affect what the Service can do, and changes they make may require us to change the Service.

To use the Service you must create an account and provide accurate, current information. You are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us promptly at support@flowtracker.io if you suspect unauthorised access.

The Service is organised into workspaces. A workspace is controlled by its owner and administrators, who may invite members, assign roles and permissions, configure integrations, and access, export or delete data within that workspace.

If you join a workspace created by someone else, that workspace owner controls your access and the data held in it. They may view your activity within the workspace, change your permissions, or remove your access. Questions about how a workspace handles data should be directed to its owner.

You must be at least 16 years old to create an account, and you may not use the Service if you are barred from doing so under applicable law.

You are responsible for the messages you send and the contacts you message through the Service. You agree not to use the Service to:

• send unsolicited or bulk messages to people who have not given you the consent required by applicable law;
• violate anti-spam and communications laws, including the EU GDPR and ePrivacy rules, the US Telephone Consumer Protection Act (TCPA), CAN-SPAM, CASL, and any equivalent rules in the jurisdictions where your contacts are located;
• breach the platform policies of any connected channel, including the WhatsApp Business Messaging Policy, Meta Platform Terms, and the terms of Telegram, Google or any other integrated provider;
• send content that is unlawful, fraudulent, deceptive, harassing, defamatory, obscene, or that infringes the rights of others;
• transmit malware, attempt to gain unauthorised access to the Service or its infrastructure, probe or test its vulnerabilities without our written permission, or interfere with its operation;
• circumvent usage limits, rate limits, or access controls, or resell or provide the Service to third parties except as expressly permitted by your plan;
• use the Service to build a competing product, or reverse engineer any part of it except to the extent this restriction is prohibited by law.

Consent is your responsibility

You represent and warrant that you have a lawful basis and, where required, prior consent to contact each person you message through the Service, and that you will honour opt-out and unsubscribe requests promptly. Messaging platforms may suspend or permanently ban your channel accounts for policy violations. Those decisions are made by the platform, not by us, and we are not responsible for the resulting loss of access.

We may investigate suspected violations and may suspend or restrict access where we reasonably believe it is necessary to protect the Service, our other customers, or third parties.

Paid plans are billed in advance on a recurring basis for the billing period you select. Unless you cancel before the end of the current period, subscriptions renew automatically at the then-current price.

Usage-based credits

Some capabilities — including AI processing and per-message charges levied by messaging providers — are metered and drawn from a prepaid wallet balance. Credits are consumed as you use those features. If your balance is exhausted, the affected features may stop working until the balance is topped up, while the rest of the Service continues to operate. Credits are not refundable for cash and, unless stated otherwise on your plan, expire on termination of your account.

Payments and taxes

Card payments are processed by Stripe. We do not receive or store your full card number. Fees are exclusive of taxes, and you are responsible for any sales, use, VAT, GST or similar taxes, excluding taxes on our income.

Cancellation and refunds

You may cancel at any time from your billing settings. Cancellation stops future renewals and takes effect at the end of the current billing period; you retain access until then. Except where required by law, fees already paid are non-refundable and we do not provide credit for partial periods or unused capacity.

We may change our prices. We will give reasonable advance notice of a price increase, and it will take effect at your next renewal. If you do not agree, you may cancel before that renewal.

If payment fails or an invoice is overdue, we may suspend access to paid features after notifying you.

You own your data

As between you and us, you retain all rights to the data you and your contacts submit to the Service, including messages, contact records, files and configuration (together, “Customer Data”). You grant us a worldwide, non-exclusive licence to host, process, transmit and display Customer Data solely to provide, secure, and support the Service, and to comply with law.

We do not sell Customer Data, and we do not use the content of your conversations to train generally-available AI models.

We own the platform

We retain all rights in the Service itself, including its software, interfaces, documentation, branding and underlying technology. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription, and no other rights are granted by implication.

Feedback

If you send us suggestions or feedback, we may use them without restriction or obligation to you.

How we handle personal data is described in our Privacy Policy.

The Service includes AI-assisted features such as agents, reply suggestions, summaries, classification and transcription. These features are powered in part by third-party model providers.

AI output can be inaccurate, incomplete or misleading, and may be presented confidently even when wrong. You should review AI-generated content before relying on it or sending it to a customer. Do not use AI features as the sole basis for decisions with legal, financial, medical or safety consequences.

If you enable an AI agent to respond to your contacts automatically, you remain responsible for what it sends on your behalf, including compliance with the acceptable-use rules above. You are responsible for configuring appropriate escalation to a human where circumstances warrant it.

AI features consume usage-based credits and are subject to the availability and rate limits of the underlying model providers.

Each party may receive non-public information of the other that is designated confidential or that a reasonable person would understand to be confidential. The receiving party will use that information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to its personnel and advisers who need it and are bound by comparable obligations.

These obligations do not apply to information that is or becomes public without breach, was already known without a duty of confidence, or is independently developed. A party may disclose confidential information where legally compelled, giving the other party reasonable prior notice where lawfully permitted.

We work to keep the Service available and reliable, but we do not commit to a specific uptime level unless we have agreed a separate written service level agreement with you. The Service is provided on an “as available” basis.

We may perform maintenance, and we will make reasonable efforts to schedule planned maintenance to limit disruption. Availability may also be affected by third-party platforms, telephony carriers, and networks outside our control.

Support is provided by email at support@flowtracker.io.

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you materially breach these Terms, if your use creates a security, legal or operational risk, if required by a third-party platform or by law, or if your account has unpaid fees. Where practical and lawful, we will give you notice and an opportunity to remedy the issue first.

On termination, your right to use the Service ends. You are responsible for exporting your Customer Data before your account closes. After termination we will delete or anonymise Customer Data in accordance with our Privacy Policy, except where we are required to retain it by law. Provisions that by their nature should survive — including data ownership, confidentiality, disclaimers, limitation of liability and indemnity — survive termination.

To the maximum extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Service will be uninterrupted, secure or error-free, or that AI output will be accurate.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenues, goodwill, or data, even if advised of the possibility.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the Service is limited to the amounts you paid us for the Service in the twelve months immediately before the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, or for death or personal injury caused by negligence. Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.

You will defend, indemnify and hold harmless Kyte and its personnel from and against third-party claims, damages, losses, liabilities and reasonable costs (including legal fees) arising out of or relating to your Customer Data, your use of the Service in breach of these Terms or applicable law, your messaging of contacts without the required consent, or your violation of a connected platform’s policies. We will notify you of the claim, give you control of the defence (subject to our right to participate with our own counsel), and provide reasonable cooperation at your expense.

We may update these Terms from time to time. If we make a material change, we will provide reasonable notice — for example by email or an in-product notice — before it takes effect. The “Last updated” date at the top of this page always reflects the current version. Continuing to use the Service after a change takes effect means you accept the revised Terms. If you do not accept them, you should stop using the Service and may cancel your subscription.

These Terms, together with the Privacy Policy, Cookie Policy and any order or plan you agree to, are the entire agreement between us regarding the Service and supersede prior discussions on the subject.

These Terms are governed by the laws of the operator’s country of establishment, without regard to its conflict-of-law rules, and the courts of that country have jurisdiction over disputes arising from them. Mandatory consumer protections available to you in your country of residence are not affected.

You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets. If any provision is held unenforceable, the rest remains in force. A failure to enforce a provision is not a waiver of it. There are no third-party beneficiaries to these Terms.

Neither party is liable for a failure to perform caused by events beyond its reasonable control, including outages of third-party platforms, network failures, natural disasters, or governmental action.

Questions about these Terms can be sent to support@flowtracker.io. For privacy matters, contact privacy@flowtracker.io.