Terms & Conditions

Last updated: May 1, 2026

These Terms & Conditions (the "Terms") are a binding agreement between you ("Customer", "you") and K3X Inc., a Delaware corporation ("K3X", "we", "us"), governing your access to and use of the K3X platform, the website at k3x.ai, the application at app.k3x.ai, our APIs, and any related services (collectively, the "Services").

By creating an account, clicking "I agree", or otherwise accessing the Services, you agree to these Terms, our Privacy Policy, our Acceptable Use Policy, and our Cookie Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "Customer" refers to that entity.

If you do not agree to these Terms, do not use the Services.

1. Eligibility and Accounts

You must be at least 18 years old and able to form a legally binding contract to use the Services. You may not use the Services if you are barred from doing so under the laws of the United States, your country of residence, or any other applicable jurisdiction.

You must provide accurate, current, and complete information when creating an account, and keep it up to date. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.

A "seat" is a single named user. Sharing seats among multiple humans is not permitted. Each person who accesses the Services on your behalf must have their own seat.

2. The Services

K3X provides a CRM platform that combines lead, contact, deal, and pipeline management with goal-based AI agents that act on Customer's behalf. The Services may include features that send emails, SMS messages, and voice calls; record and transcribe calls; integrate with third-party services; and generate AI-driven content and recommendations.

We may modify, add, or remove features from time to time. We will not make material reductions to the core functionality of a paid plan during a paid term without notice.

2.1 Beta features

Some features may be designated as "beta", "preview", "experimental", or similar. Beta features are provided "as is" without warranty of any kind, may be changed or discontinued at any time, and may not be subject to the same service levels or support as generally available features.

3. Subscription, Fees, and Billing

3.1 Plans and pricing

K3X is offered on a usage-based subscription with a minimum monthly fee. Current pricing is published at https://k3x.ai/pricing. Pricing may include a base subscription, charges for phone numbers, and usage-based fees for AI, SMS, and voice consumption. When your activity is low in a billing period, your plan falls back to the minimum monthly fee; during higher-activity periods, fees scale with your workload. K3X may add, change, or remove plans, plan tiers, included allotments, and overage rates from time to time, subject to Section 3.7.

3.2 Billing

Fees are processed by Stripe. By providing payment information, you authorize us (and Stripe, on our behalf) to charge that payment method for all applicable fees, including recurring subscription fees and any usage-based or one-time charges.

3.3 Renewal

Unless otherwise stated, subscriptions automatically renew at the end of each billing period (monthly or annual) at the then-current rate, unless you cancel before the end of the current billing period. You can cancel renewal at any time through your account settings.

3.4 Taxes

Fees do not include taxes. You are responsible for all sales, use, value-added, and similar taxes assessed on your purchase of the Services, other than taxes on K3X's net income.

3.5 Refunds

Except as expressly stated in these Terms or required by applicable law, all fees are non-refundable. We do not provide refunds or credits for partial months, downgrades, or unused features.

3.6 Late or failed payments

If a payment fails or is overdue, we may suspend the Services until payment is received and may charge interest on overdue amounts at the lower of 1.5% per month or the maximum rate permitted by law.

3.7 Price changes

We may change pricing on notice. For monthly plans, price changes take effect on your next billing cycle following at least 30 days' notice. For annual plans, price changes take effect on renewal.

4. Customer Data

4.1 Ownership

As between you and K3X, you retain all right, title, and interest in and to the data you submit to or generate through the Services ("Customer Data"). You grant K3X a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Customer Data solely as necessary to provide the Services to you, comply with the law, and enforce our agreements.

4.2 Responsibility

You are solely responsible for the accuracy, legality, and appropriateness of Customer Data, for obtaining all rights and consents necessary to submit Customer Data to the Services, and for complying with all laws applicable to your use of Customer Data, including privacy, communications, financial-services, and consumer-protection laws.

You represent and warrant that you have the right to submit Customer Data to the Services and that doing so does not violate any agreement, law, or third-party right.

4.3 Data Processing

To the extent K3X processes personal information on your behalf in connection with the Services, the parties will execute a Data Processing Addendum ("DPA") reflecting that processing on request. To request our current form, email hey@k3x.ai. Where executed, the DPA is incorporated into these Terms by reference and includes Standard Contractual Clauses for international transfers, where applicable.

4.4 Backups and Export

You are responsible for maintaining your own backups. We provide reasonable export functionality through the Services. On termination, you may export Customer Data through standard product features for a period of 30 days, after which we may delete Customer Data in accordance with our Privacy Policy.

5. AI Features and Disclaimers

The Services include AI features that generate content, summaries, classifications, and recommendations ("AI Output"). You acknowledge and agree that:

• AI Output is generated probabilistically and may be inaccurate, incomplete, biased, or otherwise unsuitable for a particular purpose.

• AI Output is not professional advice. The Services and any AI Output do not constitute legal, financial, investment, tax, accounting, or other professional advice.

• You are responsible for reviewing AI Output before relying on it, sending it to any third party, or making any business decision based on it.

• AI Output may not be unique to you. Similar inputs from other users may produce similar outputs. Outputs are not warranted to be non-infringing of third-party rights.

• You may not use the Services or AI Output to make consequential decisions about consumers (including credit, insurance, employment, or housing decisions) in a manner that violates fair-lending, fair-housing, equal-credit, or anti-discrimination laws.

K3X does not use Customer Data to train its own foundation models or those of its AI sub-processors. See our Privacy Policy for details.

6. Communications, Recording, and Telephony

The Services let you send emails, SMS messages, and voice calls, and to record and transcribe calls. You are solely responsible for the legality of those communications, including obtaining all required consents under the TCPA, CAN-SPAM, CASL, and applicable state and federal call-recording laws (including all-party-consent state laws). See the Acceptable Use Policy for additional rules.

For US SMS, you must register and comply with applicable A2P 10DLC requirements through Twilio. We may suspend SMS or voice features if your registration lapses, your traffic generates carrier complaints, or your sending behavior creates risk for K3X, its customers, or its providers.

7. Third-Party Services

The Services integrate with third-party services (including Google, Microsoft, Twilio, SendGrid, Stripe, OpenAI, Anthropic, Tavily, and others). Your use of those services is governed by the third party's own terms and privacy policy. K3X is not responsible for the acts, omissions, or content of any third-party service. If a third-party service is unavailable or changes its terms, we may modify or discontinue the related K3X feature without liability.

8. License and Intellectual Property

8.1 K3X license to you

Subject to your compliance with these Terms, K3X grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during the term of your subscription for your internal business purposes.

8.2 K3X's intellectual property

K3X and its licensors own all right, title, and interest in and to the Services, including all software, models, content, designs, logos, documentation, and feedback features. K3X is a registered trademark of K3X Inc. All other trademarks, service marks, and company names referenced in the Services are the property of their respective owners and are used for identification purposes only. No rights are granted to you other than those expressly granted in these Terms.

8.3 Restrictions

You may not (and may not permit any third party to):

• Copy, modify, or create derivative works of the Services.

• Reverse-engineer, decompile, or attempt to derive the source code or model weights of the Services, except where this restriction is prohibited by applicable law.

• Sell, resell, sublicense, lease, or otherwise transfer the Services.

• Use the Services to build a competing product or service, or to extract or replicate features, model behavior, or system prompts.

• Remove or obscure any proprietary notices.

• Use the Services in a manner that violates the Acceptable Use Policy.

8.4 Feedback

If you provide K3X with feedback, suggestions, or ideas about the Services, you grant K3X a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose, without obligation to you.

9. Confidentiality

Each party may have access to the other's non-public information ("Confidential Information"). Each party agrees to use the other's Confidential Information only as necessary to perform under these Terms and to protect it with at least the same degree of care it uses to protect its own confidential information of similar importance (and not less than reasonable care). Confidential Information does not include information that is publicly known through no breach, was rightfully received from a third party without confidentiality obligations, was independently developed, or is required to be disclosed by law (provided the receiving party gives reasonable advance notice where lawful).

10. Term and Termination

10.1 Term

These Terms apply from the date you first access the Services and continue until terminated.

10.2 Termination by you

You may terminate your subscription at any time through your account settings. Termination takes effect at the end of the current billing period. You will not receive a refund for unused time.

10.3 Termination or suspension by us

We may suspend or terminate your access to the Services, in whole or in part, at any time, with or without notice, if:

• You materially breach these Terms, the Acceptable Use Policy, or any other policy.

• We are required by law, regulatory order, or third-party (including carrier or sub-processor) directive to do so.

• Your use of the Services creates risk or possible legal exposure for K3X, its customers, its sub-processors, or third parties.

• You fail to pay fees when due.

• We discontinue the Services or a material portion of them.

10.4 Effect of termination

On termination, your right to access the Services ends. Sections of these Terms that by their nature should survive (including ownership, license restrictions, disclaimers, limitations of liability, indemnification, confidentiality, and dispute resolution) survive termination. We may delete Customer Data in accordance with our Privacy Policy.

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. K3X EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

K3X DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. K3X DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY AI OUTPUT OR THIRD-PARTY DATA.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the disclaimers above apply to the maximum extent permitted by law.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

• EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID K3X IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

The limitations in this Section apply to all claims, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory. They do not apply to your obligation to pay fees or to a party's breach of confidentiality, indemnification obligations, or violations of K3X's intellectual property rights.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You will defend, indemnify, and hold harmless K3X and its affiliates, officers, employees, and agents from and against any third-party claim, damage, loss, liability, cost, and expense (including reasonable attorneys' fees) arising out of or related to (a) Customer Data, (b) your use of the Services in breach of these Terms, the Acceptable Use Policy, or applicable law, (c) communications you send through the Services, including any TCPA, CAN-SPAM, or call-recording claim, and (d) any claim that your use of the Services infringes or misappropriates a third party's rights.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. Subject to Section 14.1, the exclusive jurisdiction and venue for any dispute will be the state and federal courts located in the State of Delaware, and each party consents to personal jurisdiction there.

14.1 Informal resolution

Before filing any claim, you agree to try to resolve the dispute informally by sending us a written description of the claim at hey@k3x.ai. We will try to resolve the dispute within 60 days. If we cannot, either party may pursue formal proceedings.

14.2 Class-action waiver

To the extent permitted by law, you and K3X agree that any dispute will be resolved on an individual basis and not as a class action, collective action, or representative action.

Note: US SaaS companies often include a binding-arbitration clause here (typically AAA or JAMS, with carve-outs for small claims and IP). This template intentionally omits one — speak with counsel about whether arbitration fits K3X's strategy.

15. General

• Entire agreement: These Terms, together with the Privacy Policy, Acceptable Use Policy, Cookie Policy, DPA (where applicable), and any order form, are the entire agreement between you and K3X regarding the Services.

• Order of precedence: In the event of conflict, an executed order form controls over these Terms, which control over the other policies.

• Modifications: We may update these Terms from time to time. Material changes will be communicated through the Services or by email. Your continued use of the Services after the effective date constitutes acceptance.

• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of assets.

• No waiver: Our failure to enforce any right or provision is not a waiver of that right or provision.

• Severability: If any provision is found unenforceable, the remaining provisions remain in full force.

• Force majeure: Neither party is liable for any failure or delay caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or utility outages, or third-party service failures.

• Notices: Notices to K3X must be sent to hey@k3x.ai and, where required, to our registered address. Notices to you may be sent to the email associated with your account.

• Independent contractors: The parties are independent contractors. Nothing in these Terms creates a partnership, agency, employment, or joint-venture relationship.

• Government end users: The Services are "commercial computer software" as defined under applicable US federal regulations. Government use is subject to the rights and restrictions in these Terms.

• Export controls: You may not access or use the Services in violation of US export-control or sanctions laws.

16. Contact

K3X Inc. 1111B S Governors Ave., Dover, DE 19904, United States Phone: (844) 553-9462 Email: hey@k3x.ai