Terms of Service

Effective Date: December 17, 2024
Last Updated: December 17, 2024

Welcome to Kompot. These Terms of Service ("Terms") govern your access to and use of the Kompot platform, website, and services (collectively, the "Service") operated by PASV LLC, a Florida limited liability company ("Company," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Service.

1. Definitions

• "Account" means your registered account on the Service.
• "Customer" or "you" means the individual or entity that has registered for the Service.
• "Customer Data" means all data, including personal data, that you submit to the Service.
• "End Users" means individuals whose information is stored in your Account (e.g., your customers, contacts).
• "Subscription" means your paid or free plan for accessing the Service.
• "Users" means individuals authorized by you to access your Account.

2. Account Registration

2.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into these Terms. If you are registering on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2.2 Account Information

You must provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your Account.

2.3 Account Security

You must immediately notify us of any unauthorized access to or use of your Account. We are not liable for any loss arising from unauthorized use of your Account.

3. Description of Service

Kompot is a customer relationship management (CRM) platform that enables you to:

• Manage contacts, leads, and customer information
• Track sales opportunities and pipelines
• Send and receive SMS messages (via third-party providers)
• Use AI-powered features for communication and analysis
• Manage tasks, invoices, and payments
• Integrate with third-party services via webhooks and APIs

4. Subscriptions and Payments

4.1 Free Tier

We offer a free tier that includes up to two (2) Users per Account. The free tier includes access to core features as described on our pricing page and may be modified at our discretion.

4.2 Paid Subscriptions

Paid subscriptions are required for additional Users (three or more) and premium features. Subscriptions are available on monthly or annual billing cycles.

4.3 Payment Terms

• Fees are charged in advance for each billing period
• All fees are non-refundable except as expressly stated in these Terms
• You authorize us to charge your payment method for all applicable fees
• We may change pricing with 30 days' notice for existing customers

4.4 Taxes

Fees are exclusive of taxes. You are responsible for all applicable taxes, except for taxes based on our net income.

4.5 Refund Policy

Annual subscriptions may be refunded within 14 days of purchase if no significant usage has occurred. Monthly subscriptions are non-refundable. Contact us at i@kompot.ai for refund requests.

5. Your Responsibilities

5.1 Compliance with Laws

You are responsible for ensuring that your use of the Service complies with all applicable laws and regulations, including but not limited to:

• Data protection laws (GDPR, CCPA, etc.)
• Anti-spam laws (CAN-SPAM, TCPA, etc.)
• Industry-specific regulations

5.2 Customer Data

You are solely responsible for the accuracy, quality, and legality of Customer Data. You represent and warrant that you have all necessary rights and consents to submit Customer Data to the Service and to allow us to process it as described in our Privacy Policy.

5.3 End User Consent

Before storing End User information in the Service or using the Service to communicate with End Users, you must:

• Obtain all required consents from End Users
• Provide End Users with your privacy notice
• Comply with their data subject rights requests

5.4 SMS and Communication Features

When using SMS or other communication features, you must:

• Obtain proper consent before sending messages (express written consent for marketing under TCPA)
• Honor opt-out requests immediately and maintain suppression lists
• Not send spam, phishing, or illegal content
• Comply with all applicable telecommunications regulations (TCPA, CAN-SPAM, CTIA guidelines)
• Include required disclosures and opt-out instructions in messages
• Maintain consent records for at least 4 years

6. Acceptable Use

You agree not to use the Service to:

• Violate any laws or third-party rights
• Send unsolicited communications (spam)
• Distribute malware or harmful code
• Attempt to gain unauthorized access to systems
• Interfere with or disrupt the Service
• Engage in fraudulent or deceptive practices
• Store or transmit content that is illegal, defamatory, or infringes intellectual property
• Use the Service in ways that could harm minors
• Reverse engineer or attempt to extract source code
• Resell or sublicense the Service without authorization

We reserve the right to suspend or terminate your Account for violations of this section.

7. AI Features

7.1 AI-Powered Services

The Service includes AI-powered features provided through third-party AI providers (such as OpenAI, Anthropic, or Google). These features are provided "as is" and may produce inaccurate or incomplete results.

7.2 AI Disclaimer

7.3 Your Responsibilities

When using AI features:

• You are responsible for reviewing and verifying AI-generated content before use
• Do not submit sensitive personal data to AI features unless necessary
• AI outputs should not be relied upon for medical, legal, financial, or professional advice
• You must comply with the terms of use of third-party AI providers
• You are solely responsible for any decisions made based on AI outputs

7.4 Prohibited AI Uses

You may not use AI features to:

• Generate content that violates laws or third-party rights
• Create deceptive content, deepfakes, or impersonation
• Circumvent content moderation or safety systems
• Generate spam or automated abusive content
• Create content that sexualizes minors or promotes violence

7.5 Data Processing

Data submitted to AI features may be processed by third-party AI providers. See our Privacy Policy for details on how AI data is handled.

8. Intellectual Property

8.1 Our Rights

We retain all rights in and to the Service, including all software, designs, text, graphics, and other content ("Company Materials"). These Terms do not grant you any rights to Company Materials except as expressly stated.

8.2 Your Rights

You retain all rights in and to your Customer Data. By using the Service, you grant us a limited license to use Customer Data solely to provide and improve the Service.

8.3 Feedback

If you provide feedback or suggestions about the Service, we may use them without any obligation to you.

9. Third-Party Services

The Service integrates with third-party services, including:

• Payment processors (Stripe)
• Communication providers (Twilio)
• Authentication providers (Google OAuth)
• AI providers (OpenAI, Anthropic, Google)
• Messaging platforms (Telegram)

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services.

10. Data Processing

Our processing of personal data is governed by our Privacy Policy. If you are subject to GDPR or similar regulations, our Data Processing Agreement applies to Customer Data containing personal data.

11. Confidentiality

Each party agrees to protect the other party's confidential information using reasonable security measures. Confidential information does not include information that is publicly available, already known, or independently developed.

12. Warranties and Disclaimers

12.1 Our Warranties

We warrant that:

• The Service will perform substantially as described in our documentation
• We will use commercially reasonable security measures to protect Customer Data

12.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, error-free, or secure
• Results from the Service will be accurate or reliable
• The Service will meet your specific requirements

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify and hold harmless Company and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Customer Data you submit to the Service

15. Term and Termination

15.1 Term

These Terms begin when you create an Account and continue until terminated.

15.2 Termination by You

You may terminate your Account at any time by contacting us. Prepaid fees for unused portions of annual subscriptions may be refundable as described in Section 4.5.

15.3 Termination by Us

We may terminate or suspend your Account:

• Immediately for violations of these Terms
• Upon 30 days' notice for any reason
• Immediately if required by law

15.4 Effect of Termination

Upon termination:

• Your access to the Service will cease
• You may request export of your Customer Data within 30 days
• We will delete your Customer Data within 90 days unless legally required to retain it
• Provisions that should survive termination will remain in effect

16. Modifications to Terms

We may modify these Terms at any time. We will provide notice of material changes by email or through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

17. Governing Law and Disputes

17.1 Governing Law

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict of law principles.

17.2 Dispute Resolution

Any disputes arising from these Terms will be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in Florida, United States.

17.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

17.4 Small Claims Exception

Notwithstanding the arbitration provision, either party may bring an individual action in small claims court if the claim qualifies.

17.5 Exceptions

Either party may seek injunctive relief in any court of competent jurisdiction for violations of intellectual property rights or confidentiality obligations.

18. Beta Features

We may offer beta or experimental features. Beta features are provided "as is" without any warranties. We may modify or discontinue beta features at any time without notice. Your use of beta features is at your own risk.

19. Service Availability

WE DO NOT GUARANTEE ANY SPECIFIC UPTIME, AVAILABILITY, OR PERFORMANCE LEVEL. THE SERVICE MAY BE UNAVAILABLE DUE TO SCHEDULED MAINTENANCE, UPDATES, SYSTEM FAILURES, OR CIRCUMSTANCES BEYOND OUR CONTROL. WE ARE NOT LIABLE FOR ANY DAMAGES RESULTING FROM SERVICE UNAVAILABILITY.

20. Communication Recording

By using communication features (SMS, voice calls), you consent to the recording and storage of communications for service delivery, quality assurance, compliance, and dispute resolution purposes. You are responsible for obtaining any required consents from third parties before communicating with them through the Service.

21. Government Access

We may be required to disclose your data to government authorities, courts, or law enforcement agencies in response to valid legal process. Where permitted by law, we will attempt to notify you of such requests. We are not liable for disclosures made in compliance with legal requirements.

22. Data Loss and Backup Disclaimer

22.1 No Guarantee Against Data Loss

WHILE WE IMPLEMENT REASONABLE SECURITY MEASURES AND BACKUP PROCEDURES, WE DO NOT GUARANTEE THAT CUSTOMER DATA WILL NEVER BE LOST, CORRUPTED, OR DESTROYED. DATA LOSS MAY OCCUR DUE TO HARDWARE FAILURES, SOFTWARE BUGS, CYBERATTACKS, NATURAL DISASTERS, HUMAN ERROR, OR OTHER CAUSES BEYOND OUR CONTROL.

22.2 Your Responsibility for Backups

You are solely responsible for maintaining your own backups of Customer Data. We strongly recommend that you regularly export and backup your data using our data export features. We are not liable for any data loss, regardless of the cause.

22.3 Limitation of Liability for Data Loss

22.4 Recovery Efforts

In the event of data loss, we will make commercially reasonable efforts to recover lost data from available backups. However, we do not guarantee that any data can be recovered, and we are not liable for any data that cannot be recovered.

23. Third-Party Data Accuracy

We are not responsible for the accuracy, completeness, or reliability of data imported from third-party services, provided by third-party integrations, or entered by End Users. You are solely responsible for verifying the accuracy of such data.

24. Communications from Company

24.1 Communication Channels

By creating an account, you expressly consent to receive communications from Company through any contact method you provide, including but not limited to:

• Email
• SMS and text messages
• Phone calls (including automated and pre-recorded calls)
• Messaging applications (WhatsApp, Telegram, and similar platforms)
• Push notifications (mobile and web)
• In-app messages and notifications

You acknowledge that standard message and data rates from your carrier may apply to SMS/text communications.

24.2 Newsletter and Mailing List

By registering for the Service, you agree to be added to our mailing list to receive:

• Product updates and new feature announcements
• Tips, tutorials, and best practices
• Industry news and insights
• Promotional offers and special deals
• Event invitations and webinar announcements

You can unsubscribe from our mailing list at any time through any of the following methods:

• Click the "Unsubscribe" link at the bottom of any email
• Update your preferences in Account Settings
• Reply STOP to any SMS message
• Contact us at i@kompot.ai

We will process your unsubscribe request within 10 business days. Note that unsubscribing from marketing communications does not affect service-related communications.

24.3 Service Communications (Required)

Regardless of your marketing preferences, you agree to receive essential service communications that cannot be opted out of, including:

• Account verification and security alerts
• Billing and payment notifications
• Changes to Terms of Service or Privacy Policy
• Critical service announcements and outage notifications
• Responses to your support requests
• Legal and compliance notifications

24.4 Communication Frequency

Marketing communications are typically sent no more than once per week. Service communications are sent as needed based on your account activity and critical updates.

25. Administrative Access

25.1 Access for Service Operations

Company administrators and support personnel may access Customer Data stored in your instances solely for the following purposes:

• Troubleshooting and resolving technical issues reported by you
• Debugging and maintaining the Service
• Ensuring security and preventing abuse
• Responding to legal requirements or valid requests from law enforcement
• Providing customer support at your request

25.2 Data Protection Commitment

WE COMMIT THAT ANY CUSTOMER DATA ACCESSED FOR ADMINISTRATIVE PURPOSES WILL NOT BE: (A) SOLD TO THIRD PARTIES; (B) TRANSFERRED TO THIRD PARTIES EXCEPT AS REQUIRED BY LAW OR WITH YOUR CONSENT; (C) USED FOR ANY PURPOSE OTHER THAN THE SPECIFIC OPERATIONAL PURPOSE FOR WHICH IT WAS ACCESSED; OR (D) RETAINED LONGER THAN NECESSARY TO FULFILL THE OPERATIONAL PURPOSE.

25.3 Access Logging

All administrative access to Customer Data is logged for audit and compliance purposes. Upon request, we can provide information about administrative access to your data.

26. Account Deletion Rights

26.1 Account Owner Rights

Only the original creator of an Account (the "Organization Owner") has the right to:

• Delete the entire Account and all associated data
• Delete the organization (workspace) and all its contents
• Remove other Users from the organization
• Transfer ownership of the Account to another person

26.2 User Rights Within Organizations

Users who are members of an organization (but not owners) may:

• Request removal of their own user profile from the organization
• Export their personal data associated with their user profile
• Leave an organization voluntarily

Users cannot delete an organization or other users' accounts. Only the Organization Owner has these rights.

26.3 Deletion Process

Account deletion is permanent and irreversible. Upon deletion:

• All Customer Data will be permanently erased within 30 days
• Backups containing your data will be purged within 90 days
• We may retain anonymized, aggregated data for analytics purposes
• Legal hold data may be retained as required by law

27. General Provisions

27.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable DPA, constitute the entire agreement between you and Company regarding the Service.

27.2 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

27.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

27.4 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision.

27.5 Force Majeure

Neither party is liable for failures caused by circumstances beyond reasonable control, including natural disasters, war, terrorism, or internet outages.

28. Contact Information

For questions about these Terms, please contact us at:

By using Kompot, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.