Terms & Conditions

1. Company Information

Khem provides AI-powered business automation solutions including, but not limited to:

• AI Receptionists
• Appointment Booking Automation
• Lead Qualification
• Intake Automation
• CRM Integrations
• Workflow Automation
• Outbound Calling
• Business Process Automation
• Custom AI Solutions

2. Website Use

You agree to use this Website only for lawful purposes.

You may not:

• Attempt to gain unauthorized access to our systems.
• Interfere with Website functionality.
• Upload malicious software.
• Copy, reproduce, or distribute Website content without written permission.
• Reverse engineer any software or demonstrations.

3. Demonstrations

Any demonstrations, sample AI agents, or prototypes are provided solely for evaluation purposes.

Demonstrations may not represent a final production implementation and should not be relied upon as guarantees of future performance.

4. Professional Services

All implementations are customized for each Client.

Project scope, deliverables, timelines, pricing, and implementation details are governed by separate client agreements or Statements of Work ("Client Agreements").

Nothing on this Website constitutes a binding offer.

5. No Guarantee of Results

While Khem is designed to improve operational efficiency and client communication, we do not guarantee:

• Revenue increases
• Lead generation
• Appointment volume
• Business growth
• Financial performance
• Specific operational outcomes

Results depend on numerous factors outside our control, including Client operations, staffing, marketing, and business processes.

6. AI Services

Our solutions utilize artificial intelligence technologies.

AI-generated responses, recommendations, summaries, and communications may contain errors, inaccuracies, or unexpected outputs, and should be reviewed by the Client where appropriate.

Clients remain responsible for business decisions and communications conducted through their organizations.

7. Communications, Calling & Recording Compliance

Certain Services — including but not limited to Outbound Calling, AI Receptionists, and automated messaging — involve telephone calls, text messages, voicemail, and/or call recording.

As between Khem and the Client, the Client is solely responsible for ensuring that its use of these Services complies with all applicable laws and regulations, including but not limited to:

• The Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), and any applicable robocall, auto-dialer, and do-not-call requirements;
• Obtaining and maintaining any required consent before placing calls or sending messages to a given recipient;
• Call-recording and monitoring consent laws, including all-party (two-party) consent requirements in applicable jurisdictions;
• Any laws or regulations requiring disclosure that a recipient is interacting with an automated or AI system; and
• All other applicable federal, state, and local communications laws.

The Client is responsible for the content of, and consent for, all calls, messages, and recordings initiated through or on behalf of the Client using the Services. Khem provides the technology and reasonable configuration support but does not provide legal advice and does not warrant that any particular use of the Services is compliant in the Client's jurisdiction or industry.

8. Client Responsibilities

Clients are responsible for:

• Providing accurate business information
• Maintaining required third-party accounts
• Supplying integrations when necessary
• Reviewing AI knowledge and configurations before deployment
• Obtaining all consents and providing all disclosures required for their use of the Services
• Complying with all applicable laws and regulations

9. Data, Privacy & Security

In the course of providing the Services, Khem may process data on the Client's behalf, including data relating to the Client's customers, leads, contacts, and end users ("Client Data").

• Ownership. As between the parties, the Client owns its Client Data. The Client grants Khem a limited license to use, process, store, and transmit Client Data solely to provide and support the Services.
• Roles. Where applicable data protection laws apply, the Client acts as the controller (or business) and Khem acts as the processor (or service provider) with respect to Client Data, except where otherwise agreed in writing.
• Client obligations. The Client is responsible for ensuring it has a lawful basis to collect and share Client Data with Khem and the integrated third-party platforms, and for providing all legally required notices to, and obtaining all required consents from, its own customers and end users.
• Security. Khem will maintain commercially reasonable technical and organizational measures designed to protect Client Data. No system is fully secure, and Khem does not guarantee that Client Data will be free from unauthorized access.
• Data on termination. Upon termination, and subject to any applicable legal retention requirements, Khem will return or delete Client Data within a commercially reasonable period upon the Client's written request, as further described in any applicable Client Agreement.

This Section operates together with our Privacy Policy. To the extent a separate data processing agreement is executed between the parties, that agreement controls with respect to its subject matter.

10. Third-Party Services

Our Services may integrate with third-party platforms including, but not limited to:

• Cal.com
• CRM platforms
• Email providers
• Telephony providers
• Calendar providers
• AI model providers

Your use of third-party platforms is subject to those providers' own terms and policies. We are not responsible for outages, pricing changes, security incidents, or service interruptions caused by third-party providers.

11. Intellectual Property

All Website content, branding, software, workflows, prompts, documentation, graphics, and proprietary systems remain the exclusive property of Khem unless otherwise agreed in writing.

No rights are transferred through use of this Website. Client Data, and any materials a Client supplies, remain the property of the Client.

12. Confidentiality

Information shared during consultations or implementation discussions will be treated as confidential except where disclosure is required by law or necessary to perform agreed Services.

Separate confidentiality agreements may apply to Client engagements.

13. Payments

Pricing, implementation fees, retainers, and payment schedules are established through individual Client Agreements.

Failure to make required payments may result in suspension or termination of Services.

14. Limitation of Liability

To the fullest extent permitted by law, Khem shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from:

• Website use
• AI-generated communications
• Service interruptions
• Business decisions
• Lost revenue
• Lost profits
• Loss of data

Our total aggregate liability arising out of or relating to these Terms or the Services shall not exceed the amount paid to Khem for the applicable Services during the twelve (12) months preceding the event giving rise to the claim.

15. Indemnification

You agree to indemnify and hold harmless Khem and its affiliates, officers, and employees from any claims, damages, liabilities, or expenses (including reasonable attorneys' fees) arising from:

• Your misuse of our Services
• Your violation of these Terms
• Your violation of applicable laws, including communications and data protection laws
• Content or data supplied by you
• Calls, messages, or recordings initiated through the Services on your behalf

16. Termination

We reserve the right to suspend or terminate access to the Website or Services at our discretion, including for violations of these Terms.

Provisions that by their nature should survive termination — including Intellectual Property, Confidentiality, Limitation of Liability, Indemnification, and Governing Law — will survive.

17. Changes

We may update these Terms periodically. The "Effective Date" above reflects the most recent revision.

Continued use of the Website after changes are posted constitutes acceptance of any revised Terms.

18. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles.

Subject to the dispute resolution provisions below, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Casper, Wyoming for any dispute not subject to arbitration.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association under its applicable rules, in Casper, Wyoming. Judgment on the award may be entered in any court of competent jurisdiction.

19. General Provisions

• Entire Agreement / Order of Precedence. These Terms, together with any applicable Client Agreement and Privacy Policy, constitute the entire agreement between the parties regarding their subject matter. If there is a conflict between these Terms and a signed Client Agreement, the Client Agreement controls with respect to the Services it covers.
• Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
• Force Majeure. Khem will not be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, outages, third-party provider failures, labor disputes, or government action.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Relationship of the Parties. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

20. Contact

Questions regarding these Terms may be directed to:

Khem

Email: support@khemhq.com

Website: https://khemhq.com