Terms & Conditions

Kova AI provides an artificial intelligence voice and chat platform, including AI agents, automation tools, lead qualification systems, and associated technology infrastructure (collectively, the "Platform"). Access to the Platform is granted on a subscription or credit basis as described in your service agreement or order form.

Kova AI provides the Platform, training resources, and technical tooling. We do not guarantee specific business outcomes. Results depend on how clients configure, manage, and operate their campaigns and agents.

Certain features and services on the Kova AI Platform are accessed using credits. Credits may be purchased in advance and applied toward call time, platform features, and billable work tasks as defined in Section 5.

No Refunds on Credits

Clients are responsible for managing their credit balance and ensuring sufficient credits are available before initiating tasks or campaigns. Kova AI is not liable for service interruptions resulting from a depleted credit balance.

To prevent service interruptions, Kova AI employs an automatic credit replenishment system. When a client's credit balance falls to 10% or below of their monthly budget cap, Kova AI will automatically charge the client's payment method on file for an additional credit package as specified in the client's service agreement.

• Clients are responsible for maintaining a valid payment method on file at all times.
• Automatic billing constitutes a credit purchase and is subject to the same non-refund policy described in Section 2.
• If an automatic charge fails, Kova AI may suspend the client's account and services until a successful payment is processed.
• Clients may update or change their monthly budget cap by contacting Kova AI support. Changes take effect at the start of the next billing cycle unless otherwise agreed.

Expiration

Credits expire at the end of each billing cycle in which they were issued or purchased. Unused credits do not carry over by default and will be forfeited upon expiration.

Rollover Allowance

As a courtesy, up to 10% of unused credits remaining at the end of a billing cycle may roll over into the following billing cycle. Rolled-over credits are applied after any newly purchased or replenished credits are consumed. Rollover credits expire at the end of the billing cycle into which they were carried; they do not roll over a second time.

In addition to standard call-time usage, certain professional services performed by the Kova AI team are billable work tasks charged at a rate of 3 credits per minute of work performed. This rate is equivalent to 3 minutes of standard call time per minute of task work.

Work Tasks Billed at 3 Credits/Minute

The following services, when performed by Kova AI on behalf of a client, are subject to the credits-per-minute billing policy:

• Campaign Builds: Creation, configuration, and launch of new AI voice or chat campaigns on the client's behalf.
• Data Analysis: Review and interpretation of campaign performance data, call recordings, lead outcomes, or platform analytics.
• Custom Feature Requests: Development or configuration of features, workflows, or integrations beyond the standard platform offering.
• Agent Builds: Design, scripting, training, and deployment of custom AI voice or chat agents.
• Any Other Out-of-Scope Tasks: Any professional service that falls outside of standard technical support or platform support, as described in Section 6.

How Billing Works

Work task billing is calculated based on the actual time spent by Kova AI team members performing the requested service. Time is rounded to the nearest minute. Clients will be informed of the estimated time and credit cost before any billable work task begins. Kova AI will not begin billable work without client acknowledgment.

Kova AI is a tools and platform provider. Clients are ultimately responsible for how they use the Platform, including all campaign decisions, messaging content, lead handling, and compliance with applicable laws. Specifically:

• Campaign Setup & Management: Clients are responsible for configuring, launching, monitoring, and optimizing their own campaigns. Kova AI provides the tools, training, and platform access to enable this. Campaign setup may be delegated to Kova AI as a billable work task under the credits-per-minute policy in Section 5.
• Credit Usage: Clients are responsible for monitoring and managing their credit balance. Kova AI is not responsible for service gaps caused by insufficient credits.
• Data Accuracy: Clients are responsible for ensuring that all business information submitted to the Platform — including contact details, brand name, and campaign descriptions — is accurate and up to date.
• Compliance: Clients are responsible for ensuring their use of the Platform complies with all applicable local, state, and federal laws, including but not limited to the TCPA, CAN-SPAM Act, and A2P 10DLC registration requirements. See our A2P Guidelines for more information.
• Training: Kova AI provides training resources to help clients get the most out of the Platform. Clients are expected to utilize available training before requesting billable work tasks where self-service is possible.

Kova AI provides technical support and platform support to assist clients in using the Platform. Support includes:

• Troubleshooting platform errors or malfunctions
• Answering questions about existing platform features
• Guidance on how to use tools already available within the Platform

Support does not include performing work on behalf of the client. Any service that involves Kova AI actively building, configuring, or analyzing on a client's account is a billable work task charged under the credits-per-minute policy in Section 5.

Clients may choose to upload or supply third-party lead lists to the Platform for use in outreach campaigns. The use of third-party leads carries significant legal risk, including potential violations of the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state do-not-call laws, and other applicable regulations.

Client Assumption of All Risk

Kova AI does not verify, screen, or validate the consent status of any third-party leads provided by a client. Kova AI is not responsible for the source, quality, accuracy, or legality of third-party lead data.

TCPA Indemnification

The client agrees to defend, indemnify, and hold harmless Kova AI, its affiliates, officers, directors, employees, agents, and technology partners from and against any and all claims, liabilities, damages, judgments, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Any alleged or actual violation of the TCPA, including claims that a contacted individual did not provide prior express written consent;
• Any alleged or actual violation of federal, state, or local do-not-call regulations resulting from outreach to third-party leads;
• Any claim brought by a consumer, regulatory body, or third party arising from outreach conducted using third-party lead data supplied by the client;
• Any misrepresentation by the client regarding the consent status or origin of third-party leads.

This indemnification obligation survives the termination of the client's account and these Terms & Conditions.

No Shared Liability

Kova AI's role is limited to providing the technical infrastructure through which outreach is conducted. Kova AI is not a party to any consumer consent agreement, lead purchase agreement, or marketing authorization entered into by the client. All TCPA liability arising from third-party leads rests solely with the client.

Kova AI operates as a technology and outreach platform provider for various business clients. In the course of providing our services, Kova AI's AI agents may contact consumers on behalf of the following companies, among others:

• Danone Mexico
• Daltile
• GM Financial
• PX Leads
• Daylight Energy
• D2D No More LLC
• Boundless Market
• Boundless LATAM
• UV Energy
• Quality Solar
• Indalum
• Günther
• Panduit
• HomePro California
• HomePro's of America
• Elite Seal Roofing
• Illinois Energy
• SunRun
• LightReach

This list is subject to change as Kova AI onboards new clients. If you are a consumer who has received a call or message and have questions about it, please contact us at support@kovacalls.com.

Kova AI values fair market competition among its clients and applies the following territory and exclusivity guidelines:

Standard Territory Exclusivity

Kova AI will not onboard multiple clients operating in the same product or service category within the same geographic territory or market, except as described below. This policy is intended to prevent direct competitive overlap between clients using the same platform to reach the same consumer pool.

High-Value Market Exception

In markets deemed high-value by Kova AI — including but not limited to large metropolitan areas, high-density urban markets, or territories with demonstrated outsized lead volume — Kova AI reserves the right to onboard multiple clients in the same category. In these cases, Kova AI will implement reasonable campaign segmentation to minimize direct overlap where feasible.

No Guarantee of Exclusivity

Territory Definitions

Territory boundaries are defined at the time of client onboarding based on the client's stated target market. Any changes to a client's territory scope must be submitted in writing and approved by Kova AI. Expansion into new territories may be subject to additional service terms.

SMS messaging and voice minute usage are charged by the underlying telephony provider and are not included in Kova AI's Platform subscription or credit system unless Kova AI is explicitly hosting the client's telephony infrastructure under a managed telephony arrangement.

Self-Managed Telephony

If the client manages their own telephony provider, all call minute and SMS costs are governed solely by that provider's pricing and terms. Kova AI has no control over and accepts no responsibility for those costs.

Kova AI-Hosted Telephony

If Kova AI hosts the client's telephony provider as part of a managed service arrangement, the following rates apply and will be billed separately from platform credits:

SMS Segment Calculation

SMS messages are billed per segment. A single segment consists of 160 standard characters or fewer. The following increase character count and may cause a single message to span multiple segments, each billed separately:

• URLs / Links — each URL may count as multiple characters depending on length and whether link shortening is applied.
• Emojis — each emoji typically counts as 2 or more characters and switches the message encoding to Unicode (UCS-2), which reduces the per-segment character limit to 70 characters.
• Special characters — certain special characters (e.g., curly quotes, accented letters, non-ASCII symbols) trigger Unicode encoding, reducing the per-segment limit to 70 characters.

Proprietary Voices

All AI agent voices deployed through the Kova AI Platform — including but not limited to synthetically generated voices and voices created through voice cloning technology — are the exclusive intellectual property of Kova AI. This applies regardless of whether the voice is based on a publicly available vocal model, a client-submitted voice sample, or a third-party voice library.

Restrictions

• Clients may not export, reproduce, reverse-engineer, or transfer any agent voice outside of the Kova AI Platform.
• Upon termination of a client's account, the license to use any associated agent voice is immediately revoked.
• Kova AI reserves the right to retire, modify, or replace any agent voice at any time without liability, provided reasonable notice is given.

Platform Intellectual Property

All software, algorithms, workflows, agent configurations, prompt architectures, and other technology comprising the Kova AI Platform are the exclusive property of Kova AI. No client acquires any ownership rights in the Platform or its underlying technology by virtue of using or subscribing to the service.

Clients using Kova AI's messaging features must comply with all A2P 10DLC registration requirements and applicable carrier regulations. Kova AI is not responsible for message delivery failures, carrier rejections, or regulatory penalties resulting from a client's non-compliance.

"No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Information sharing to subcontractors in support services, such as customer service, is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties."

For full SMS compliance guidance, see our A2P Guidelines.

Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or any services provided by Kova AI shall be resolved exclusively through binding arbitration, except as otherwise provided below.

• Arbitration shall be administered by a mutually agreed-upon arbitration service and conducted in accordance with that service's rules in effect at the time of the dispute.
• Arbitration shall take place in the jurisdiction where Kova AI is headquartered, unless otherwise agreed by both parties.
• The arbitrator's decision shall be final and binding, and may be entered as a judgment in any court of competent jurisdiction.
• Class Action Waiver: All claims must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class action, collective action, or representative proceeding.
• Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.

To the maximum extent permitted by applicable law, Kova AI and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of data, or loss of business opportunities, arising out of or related to your use of the Platform.

Kova AI's total aggregate liability to any client for any and all claims arising under these Terms shall not exceed the total amount paid by that client to Kova AI in the ninety (90) days immediately preceding the event giving rise to the claim.

Kova AI is not liable for: (a) acts or omissions of third-party telephony providers; (b) carrier-level message failures or delays; (c) regulatory actions taken against a client for non-compliant use of the Platform; or (d) any loss arising from a client's use of third-party lead data.

In addition to the TCPA-specific indemnification in Section 8, the client agrees to defend, indemnify, and hold harmless Kova AI and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising out of or related to:

• The client's use or misuse of the Platform;
• The client's violation of these Terms;
• The client's violation of any applicable law or regulation;
• Any content, data, or instructions submitted by the client to the Platform;
• Any claim by a third party arising from the client's outreach campaigns, messaging content, or lead handling practices.

Kova AI reserves the right to suspend or terminate access to the Platform at any time for violations of these Terms, misuse of the Platform, or non-payment. Upon termination, any remaining credits in the account are forfeited and are not refundable.

Clients may cancel their subscription at any time. Cancellation does not entitle the client to a refund of any purchased credits or prepaid subscription fees. Credits remaining at the time of cancellation are not eligible for the rollover allowance described in Section 4 and will be forfeited immediately upon account closure.

These Terms & Conditions shall be governed by and construed in accordance with the laws of the United States and the state in which Kova AI is headquartered, without regard to its conflict of law principles. Any legal proceedings not subject to arbitration under Section 14 shall be brought exclusively in the state or federal courts located in Kova AI's jurisdiction.

Kova AI reserves the right to update these Terms & Conditions at any time. Material changes will be communicated via email or a notice on the Platform at least seven (7) days before they take effect. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms. If you do not agree to updated Terms, you must stop using the Platform and notify Kova AI of your cancellation.

If you have any questions about these Terms & Conditions, please contact us at: