Welcome to KAI, the conversational chat agent operated by Kenverse Private Limited and its affiliates (collectively, “Kenverse” or “we” or “us” or “our”). Our website (https://kai.ken42.com/) (“ Site ”) provides, among other things, information about our team, organization, partners, services offered, and institutions/ universities that have deployed KAI.
THESE TERMS OF USE CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US, TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Site user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than 14 (fourteen) days after they are posted, except that changes addressing new functions of KAI and/ or the Site or changes made for legal reasons will be effective immediately. Your continued use of KAI and the Site after the date any such change becomes effective constitutes your acceptance of the new Terms of Use.
In addition, when using KAI and/ or the Site, you will be subject to additional terms, policies, rules or guidelines applicable to KAI and the Site, that may be posted on the Site or made available through KAI, from time to time, including, without limitation, the Privacy Policy and any guidelines applicable to any components of the Site. All such terms are hereby incorporated by reference into these Terms of Use.
All aspects in the Terms of Use are in coherence with the Information Technology Act, 2000 (“IT Act”) and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“IT Rules ”).
Access and Use of the Site
Subscriber Eligibility & Registration: Only accredited universities (“Subscriber(s)”) may register to use KAI. By registering, the Subscriber warrants that all information provided is truthful, complete, and current. The Subscriber also agrees to update its details promptly if they change. Registration data are governed by our Privacy Policy, and Kenverse may refuse or terminate access for false or outdated information.
Account Security: Upon approval, a Subscriber will receive unique credentials to access KAI’s chat and voice features. Subscribers are fully responsible for safeguarding these credentials for all activity under their account. A Subscriber must notify Kenverse immediately of any suspected breach or unauthorized use. Kenverse isn’t liable for losses resulting from the Subscriber’s failure to secure its account.
Service Changes or Modifications: Kenverse may, at its sole discretion and without notice, modify, suspend, or discontinue any part of KAI or the Site. Subscribers agree that Kenverse bears no liability for any impact of such changes. Major updates may be announced via email or our status page.
Usage & Storage Limits: Kenverse may set and revise limits on usage frequency and data retention (e.g., chat logs, transcripts), if and where applicable, storage quotas, rate limits, and account inactivity. We are not responsible for the deletion, loss, or failure to store any data you submit, nor for enforcing retention or inactivity policies. However, KAI does not store any user-submitted data, including chat logs, transcripts, or personal inputs. If you need extended retention or higher quotas, please contact your Kenverse account representative.
Conditions of Use
User Conduct: You are solely responsible for all content (“UserContent ”) that you upload, post, publish, display, transmit or otherwise make available through KAI. By using KAI and the Site, you agree not to engage in any activity that infringes the rights of others, violates applicable laws or regulations, contains viruses or malicious code, creates privacy or security risks, or is defamatory, abusive, obscene, hateful, or otherwise objectionable.
Prohibited Uses: You shall not use KAI to: (i) infringe any intellectual-property or other proprietary rights; (ii) upload unsolicited advertising, spam, chain letters, pyramid schemes, or other solicitations; (iii) harvest or collect personal data or contact information for unsolicited communications; (iv) impersonate any person or entity or misrepresent your affiliation; (v) solicit personal information from minors under 18 (eighteen) or allow minors under 15 (fifteen) to use KAI; (vi) interfere with or disrupt KAI’s servers or networks; (vii) promote or facilitate criminal or unlawful activities; and (viii) access any materials through KAI or the Site by means other than the interface provided.
Enforcement: Kenverse reserves the right, at its sole discretion, to investigate and take appropriate action against any violation of these conditions, including removing Content, suspending or terminating accounts, and reporting conduct to law enforcement authorities.
Commercial Use: Unless expressly authorized by Kenverse, you may not reproduce, distribute, modify, create derivative works of, sell, resell, exploit, or otherwise use KAI or its Content for any commercial purpose.
Intellectual Property Rights
Site Content & Software: You acknowledge and agree that all content and features of KAI and/ or the Site (including text, graphics, code, interfaces, and APIs) are protected by copyright, patent, trademark, trade‐secret and other proprietary rights. Except as expressly authorised by Kenverse, you shall not copy, modify, frame, scrape, rent, lease, loan, sell, distribute, create derivative works of, or reverse‐engineer any portion of KAI and/ or the Site or their underlying software/ code, etc. Your right to use KAI does not include any license to Kenverse’s proprietary technology, and any unauthorized use is strictly prohibited. If you are blocked by Kenverse from accessing KAI or the Site (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
Trademarks: “KAI,” the Kenverse name, logos and related marks, including sub-domains, (the “Kenverse Trademarks”) are trademarks owned by Kenverse Private Limited. No right or license to use any Kenverse Trademark is granted under these Terms. Other trademarks used/ displayed in KAI, or the Site are the property of their respective owners who may or may not endorse or be affiliated with or connected to Kenverse. Nothing in this Terms of Use or KAI or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Kenverse Trademarks displayed on KAI or the Site, without our prior written permission in each instance. All goodwill generated from the use of Kenverse Trademarks will inure to our exclusive benefit.
Third Party Material: KAI and the Site may host content submitted by third parties (e.g., universities, partners). Kenverse does not endorse or guarantee the accuracy of such material and bears no liability for errors or omissions. Kenverse may but is not required to review, refuse or remove any third-party content in its sole discretion.
User-Submitted Content: You retain ownership of all content you upload or submit through KAI (“User Content”), and warrant that you have all necessary rights to do so. By submitting User Content, you grant Kenverse and its affiliates a perpetual, worldwide, royalty-free, transferable, sublicensable license to copy, display, perform, distribute, store, modify and otherwise use your content only as necessary, to operate, improve or promote KAI, during an active session or otherwise. KAI, however, does not retain or store any User Content following the session in which it is submitted.
Feedback and Ideas: Any suggestions, ideas, or feedback you provide regarding KAI (“Submissions”) are non-confidential, and Kenverse may be entitled to the unrestricted use and dissemination of them for any purpose without obligation or compensation to you.
Preservation and Disclosure: Kenverse may preserve or disclose any User Content if required by law or necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) protect third-party rights; or (d) safeguard Kenverse, its users, or the public. However, as KAI does not store any User Content, such disclosure can only occur in real-time or through session-based compliance measures
Copyright Complaints: Kenverse respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Kenverse of your infringement claim in accordance with the procedure set forth below.
Kenverse will process and investigate notices of alleged infringement and will take appropriate actions under the Copyright Act, 1957 and as amended by Copyright (Amendment) Act, 2012 (“Copyright Act”) and other applicable intellectual property laws with respect to any alleged or actual infringement.
A written notification of claimed copyright infringement should be faxed or mailed to:
Kenverse Private Limited
#161, 3rd Floor, Above Reliance Trends, Vibhuthipura, Vignan Nagar Main Road, Doddanekkundi, Bangalore – 560 037, Karnataka, India
To be effective, the notification must be in writing and contain the following information:
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
c) a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
d) your address, telephone number, and email address;
e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) a statement that you have good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the courts of Bangalore, Karnataka and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Repeat Infringer Policy: In accordance with the Copyright Act and other applicable law, Kenverse has adopted a policy of terminating, in appropriate circumstances and at Kenverse’s sole discretion, users who are deemed to be repeat infringers. Kenverse may also at its sole discretion limit access to KAI and the Site and/or terminate the registrations of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
KAI and the Site may provide, or third parties may provide, links or other access to other sites and resources on the internet or to third party applications. Kenverse has no control over such sites, resources or applications and Kenverse is not responsible for and does not endorse such sites, resources or applications. You further acknowledge and agree that Kenverse will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such sites, resources or applications. Any dealings you have with third parties found while using KAI or the Site are between you and the third party, and you agree that Kenverse is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
Disclaimer of Warranties
YOUR USE OF KAI AND THE SITE IS AT YOUR SOLE RISK. KAI AND THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KENVERSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
KENVERSE MAKES NO WARRANTY THAT: (I) KAI AND THE SITE WILL MEET YOUR REQUIREMENTS; (II) KAI AND THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF KAI AND THE SITE WILL BE ACCURATE OR RELIABLE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KENVERSE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KENVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE KAI AND THE SITE OR ANY RELATED INFORMATION; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING USERS) ON THE SITE; OR (IV) ANY OTHER MATTER RELATING TO KAI AND THE SITE. IN NO EVENT WILL KENVERSE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED INR 5,000 (INDIAN RUPEES FIVE THOUSAND).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR KAI, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF KAI AND/ OR THE SITE.
Dispute Resolution by Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Use as the “Arbitration Agreement”. You agree that any and all disputes or claims that have arisen or may arise between you and Kenverse whether arising out of or relating to this Terms of Use (including any alleged breach thereof), KAI, the Site, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of any court of law, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Use, you and Kenverse are each waiving the right to participate in a claim in any court of law. Your rights will be determined by a neutral arbitrator. The Arbitration and Conciliation Act, 1996 governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Direct and Representative Claims in any Court of Law and Non-Individualized Relief
YOU AND KENVERSE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY DIRECT OR REPRESENTATIVE CLAIM OR PROCEEDING. UNLESS BOTH YOU AND KENVERSE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLAIM. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). SUCH RELIEF SHALL BE BINDING ON ALL ACCOUNTS.
Pre-Arbitration Dispute Resolution
Kenverse is always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user’s satisfaction by emailing us at hello@thekenverse.com or legal@thekenverse.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written notice of dispute (“Notice”). The Notice to Kenverse should be sent to Kenverse Private Limited, #161, 3rd Floor, Above Reliance Trends, Vibhuthipura, Vignan Nagar Main Road, Doddanekkundi, Bangalore – 560 037, Karnataka, India (“Notice Address”). The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If Kenverse and you do not resolve the claim within 60 (sixty) calendar days after the Notice is received, you or Kenverse may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Kenverse or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Kenverse is entitled.
Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the Arbitration and Conciliation Act 1996 and any rules and procedures thereof (collectively, the “Arbitration Act”), as modified by this Arbitration Agreement. If there is any inconsistency between any term of the Arbitration Act or Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will preside, provided that the application of this Arbitration Agreement does not expressly contradict the Arbitration Act. The arbitrator must also follow the provisions of these Terms of Use as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Kenverse and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by an arbitrator. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the Arbitration Act and applicable rules thereof, unless otherwise provided in this Arbitration Agreement.
Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Direct and Representative Claims in any Court of Law and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Direct and Representative Claims in any Court of Law and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Use will continue to apply.
Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Use to the contrary, Kenverse agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of KAI or the Site, you may reject any such change by sending Kenverse a written notice within 30 (thirty) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).
Termination
You agree that Kenverse, in its sole discretion, may suspend or terminate your use of KAI or the Site, for any reason, including, without limitation, if Kenverse believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of KAI or the Site, may be referred to appropriate law enforcement authorities. Kenverse may also in its sole discretion and at any time discontinue providing KAI and the Site, with or without notice. You agree that any termination of your access to KAI or the Site under any provision of this Terms of Use may be effected without prior notice and acknowledge and agree that Kenverse may (but has obligation to) immediately bar any further access to such KAI or the Site. Termination of your access to KAI or the Site will not terminate Kenverse’s rights to your User Content. Further, you agree that Kenverse will not be liable to you or any third party for any termination of your access to KAI or the Site.
User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with KAI and the Site and Kenverse will have no liability or responsibility with respect thereto. Kenverse reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of KAI or the Site.
General
These Terms of Use constitute the entire agreement between you and Kenverse and govern your use of KAI and the Site, superseding any prior agreements between you and Kenverse with respect to KAI and the Site. These Terms of Use will be governed by the laws of India without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Kenverse agree to submit to the personal and exclusive jurisdiction of the courts located within Bangalore, Karnataka. The failure of Kenverse to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of KAI and the Site or these Terms of Use must be filed within 1 (one) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Use without the prior written consent of Kenverse, but Kenverse may assign or transfer this Terms of Use, in whole or in part, without restriction. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. KAI and the Site may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Site.
Your Privacy
At Kenverse, we respect the privacy of our users. For details, please see our Privacy Policy. By using KAI and the Site, you consent to our collection and use of personal data as outlined therein.
Contact Us
Please contact us at hello@thekenverse.com or legal@thekenverse.com to report any violations of these Terms of Use or to pose any questions regarding these Terms of Use, KAI or the Site.