Terms of Service

1. Acceptance of Terms

By accessing or using the agents.kwanda.ai website and the Kwanda Agents platform (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Service.

These Terms constitute a legally binding agreement between you ("you" or "User") and Kwanda Agents ("we", "our", or "us"). We reserve the right to update these Terms at any time, and your continued use of the Service following any changes constitutes acceptance of the revised Terms.

2. Description of Service

Kwanda Agents is a platform that enables users to deploy, manage, and interact with AI-powered agents. The Service includes, but is not limited to:

• Creating and configuring AI agents with custom prompts and settings.
• Deploying agents to cloud infrastructure powered by Amazon Web Services (AWS).
• Integrating agents with third-party services such as email, messaging, and calendar platforms.
• Monitoring agent activity and managing agent configurations through a web-based dashboard.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.

3. Account Registration & Security

To access certain features of the Service, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate and complete.
• Keep your login credentials confidential and not share them with any third party.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately of any unauthorised use of your account or any other security breach.

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe have been compromised.

3.1 Password Requirements

All passwords used to access the Service must meet the following construction guidelines:

• Contain at least 8 alphanumeric characters.
• Contain both upper and lower case letters.
• Contain at least one number (0-9).
• Contain at least one special character (e.g. $%^&*()_+|~-=\`":;'<>?,/ ).

Passwords must not:

• Contain fewer than eight characters.
• Be a dictionary word, common phrase, or easily guessable pattern (e.g. "Password123", "qwerty", "123321").
• Contain personal information such as birthdates, names, phone numbers, or addresses.
• Be the same password you use for non-Kwanda Agents accounts or services.

3.2 Password Protection

You are responsible for protecting your password. You must:

• Never share your password with anyone, including co-workers, managers, or family members.
• Never include your password in email messages, chat messages, or other forms of electronic communication.
• Never write down or store your password in an unencrypted file or physical location.
• Not use the "Remember Password" feature of web browsers for your Kwanda Agents account.
• Report any suspected password compromise immediately and change all affected passwords.

3.3 Multi-Factor Authentication

Users must use multi-factor authentication (MFA) to protect their accounts where this functionality is made available by the Service.

3.4 Password Change Frequency

• All user-level passwords must be changed at least every six months. The recommended change interval is every four months.
• All system-level passwords (e.g. administrative accounts) must be changed at least quarterly.
• If a password is found to be weak during a periodic security review, the user will be required to change it immediately.

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Service to violate any applicable local, national, or international law or regulation.
• Use the Service to generate, store, or transmit content that is harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.
• Attempt to gain unauthorised access to any part of the Service, other accounts, or computer systems or networks connected to the Service.
• Use the Service to send unsolicited communications, spam, or bulk messages.
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure.
• Reverse engineer, decompile, or disassemble any part of the Service, except as permitted by applicable law.
• Use the Service to develop a competing product or service.
• Deploy agents that impersonate real individuals without their explicit consent.

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this provision, including removing content, suspending or terminating accounts, and reporting to law enforcement authorities.

5. Email & Communications Policy

Where the Service provides email or messaging functionality (including agent-initiated communications), the following rules apply:

• All use of email and messaging features must be consistent with these Terms, applicable laws, and proper business practices.
• Email and messaging features should be used primarily for business-related purposes connected to your use of the Service. Limited personal communication is permitted, but commercial use unrelated to the Service is prohibited.
• You must not use the Service's communication features for the creation or distribution of any disruptive or offensive messages, including offensive comments about race, gender, disabilities, age, sexual orientation, religious beliefs, political beliefs, or national origin.
• You are prohibited from automatically forwarding communications from the Service to third-party systems if those communications contain confidential information.
• You are prohibited from using third-party email or messaging systems to conduct business that should be handled through the Service's approved channels.
• Sending chain messages or joke emails through the Service's communication features is prohibited.

Kwanda Agents may monitor communications sent through the Service without prior notice for the purposes of security, compliance, and quality assurance. Kwanda Agents is not obliged to monitor all communications.

6. Intellectual Property

The Service, including its original content, features, functionality, design, and underlying technology, is owned by Kwanda Agents and is protected by copyright, trademark, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your personal or internal business purposes, subject to these Terms. This licence does not include the right to:

• Modify, reproduce, or create derivative works based on the Service.
• Use any data mining, robots, or similar data-gathering methods on the Service.
• Remove, alter, or obscure any proprietary notices on the Service.

7. User Content & Data

You retain ownership of any content, data, prompts, and configurations ("User Content") that you create, upload, or submit through the Service. By submitting User Content, you grant us a limited, non-exclusive licence to use, process, and store such content solely for the purpose of providing and improving the Service.

You represent and warrant that:

• You own or have the necessary rights and permissions to submit your User Content.
• Your User Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.
• Your User Content complies with all applicable laws and these Terms.

We do not claim ownership of your User Content. However, we reserve the right to remove any User Content that violates these Terms or that we find objectionable, without prior notice.

8. AI-Generated Content Disclaimer

The Service uses artificial intelligence models provided by third-party providers to generate responses and perform tasks on your behalf. You acknowledge and agree that:

• No guarantee of accuracy — AI-generated content may contain errors, inaccuracies, or biases. You are solely responsible for reviewing and verifying any output before relying on it.
• Not professional advice — AI-generated content does not constitute legal, financial, medical, or other professional advice. Always consult a qualified professional for such matters.
• Your responsibility — you are responsible for how you use AI-generated content and any consequences that arise from its use, including communications sent by your deployed agents.
• Model limitations — AI models may produce unexpected or inappropriate results. We do not warrant that AI-generated content will meet your specific requirements.

9. Third-Party Services

The Service may integrate with or rely on third-party services, including but not limited to:

• Cloud infrastructure (e.g. Amazon Web Services) — for hosting and compute resources.
• AI model providers — for processing natural language requests.
• Authentication providers (e.g. Microsoft, Google) — for account sign-in and OAuth integrations.
• Communication platforms — for agent integrations with email, messaging, and other services.

Your use of third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices, content, or availability of any third-party services.

10. Payment & Billing

Certain features of the Service may require a paid subscription or usage-based fees. By selecting a paid plan, you agree to:

• Pay all fees associated with your selected plan as described at the time of purchase.
• Provide accurate and complete billing information.
• Authorise us (or our payment processor) to charge your payment method on a recurring basis for subscription fees.

All fees are non-refundable unless otherwise stated or required by applicable law. We reserve the right to change our pricing at any time, with reasonable notice to existing subscribers before the change takes effect.

If payment fails or your account becomes delinquent, we may suspend or restrict access to paid features until the outstanding balance is resolved.

11. Data Breach Notification

Kwanda Agents is committed to protecting your data and maintaining transparency in the event of a security incident. In the event of a confirmed theft, breach, or exposure of your data:

• Our Security Officer will immediately convene an incident response team comprising members from IT infrastructure, legal, communications, and the affected departments.
• We will work with forensic investigators to determine how the breach occurred, the types of data involved, and the number of individuals impacted.
• We will notify affected users as soon as reasonably practicable after confirming a breach, providing details of the incident, the data involved, and the steps we are taking to resolve it.
• We will notify relevant regulatory authorities as required by applicable data protection laws.
• We will take immediate steps to contain the breach, remove unauthorised access, and prevent further exposure.
• Following resolution, we will review and update our security policies and implement additional detection and prevention measures where appropriate.

12. Security Incident Reporting

All users of the Service are responsible for promptly reporting any suspected or confirmed security incident involving the Service or your account, even if you have contributed in some way to the event. Reports should be delivered by:

• Email: support@kwanda.ai
• Verbally or via chat to the security responsible person through our support channels.

Upon receiving a security incident report, our security team will follow the established incident response procedure:

1. Investigate and reproduce the reported issue.
2. Determine the size and type of the breach.
3. Define an internal and external communication plan regarding the issue.
4. Classify the incident (front-end, back-end, infrastructure, or other).
5. Assign technically responsible personnel for resolution.
6. Resolve the issue and deploy fixes to all environments.
7. Identify ways to automatically detect and prevent similar security issues in the future.
8. Review all relevant policies for necessary updates.
9. Communicate the resolution internally and externally as appropriate.

13. Vulnerability Disclosure Policy

Kwanda Agents is dedicated to preserving data security by preventing unauthorised disclosure of information. We welcome security researchers to conduct vulnerability discovery activities in accordance with the following guidelines.

13.1 Guidelines for Researchers

We request that you:

• Notify us as soon as possible after you discover a real or potential security issue.
• Provide us a reasonable amount of time to resolve the issue before you disclose it publicly.
• Make every effort to avoid privacy violations, degradation of user experience, disruption to production systems, and destruction or manipulation of data.
• Only use exploits to the extent necessary to confirm a vulnerability's presence. Do not use an exploit to compromise or obtain data, establish command line access and/or persistence, or use the exploit to pivot to other systems.
• Once you have established that a vulnerability exists or encounter any sensitive data (including personal data, financial information, or proprietary information or trade secrets), you must stop your test, notify us immediately, and keep the data strictly confidential.
• Do not submit a high volume of low-quality reports.

13.2 Authorisation

Security research carried out in conformity with this policy is deemed permissible. We will work with you to swiftly understand and fix the problem, and Kwanda Agents will not suggest or pursue legal action in connection with your research.

13.3 Scope

This policy applies to the following systems and services:

• The Kwanda Agents web application at agents.kwanda.ai

Any service not explicitly listed above is out of scope and is not authorised for testing. Before beginning your inquiry, email us at support@kwanda.ai if you are unsure whether a system or endpoint is in scope.

13.4 Prohibited Testing

The following test types are not authorised:

• Network denial of service (DoS or DDoS) tests.
• Physical testing (e.g. office access, open doors, tailgating), social engineering (e.g. phishing, vishing), or any other non-technical vulnerability testing.

13.5 Reporting a Vulnerability

To report any security vulnerability, send an email to support@kwanda.ai. We will acknowledge receipt of your report within three business days and keep you updated on our progress. Reports may be submitted anonymously.

To help us process your report efficiently, we recommend including:

• A description of the vulnerability.
• The location where the vulnerability was discovered.
• The potential impact.
• Steps required to reproduce the vulnerability (including scripts and screenshots if possible).

If possible, please provide your report in English.

14. Termination

You may terminate your account at any time by contacting us or using the account deletion functionality provided within the Service.

We may suspend or terminate your access to the Service at any time, with or without cause or notice, including but not limited to if we reasonably believe that you have violated these Terms.

Upon termination:

• Your right to access and use the Service will immediately cease.
• We may delete your account data, including agent configurations and associated content, within 30 days of termination.
• Any outstanding fees owed prior to termination remain payable.
• Provisions of these Terms that by their nature should survive termination will survive, including intellectual property, disclaimers, limitations of liability, and indemnification.

15. Disclaimers & Limitation of Liability

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy or completeness of any information or content provided through the Service, including AI-generated outputs.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KWANDA AGENTS, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to, use of, or inability to access or use the Service.
• Any conduct or content of any third party on the Service.
• Any content obtained from the Service, including AI-generated outputs.
• Unauthorised access, use, or alteration of your transmissions or content.

Our total aggregate liability for all claims arising out of or relating to these Terms or the Service shall not exceed the amount you paid us in the twelve (12) months preceding the event giving rise to the claim, or one hundred US dollars (US$100), whichever is greater.

16. Indemnification

You agree to defend, indemnify, and hold harmless Kwanda Agents and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms.
• Your use of the Service, including any data or content transmitted or received by you or your deployed agents.
• Your violation of any third-party right, including any intellectual property, privacy, or proprietary right.
• Any claim that your User Content caused damage to a third party.

17. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days of written notice, either party may submit the dispute to binding arbitration or pursue resolution in the courts of competent jurisdiction in the Republic of South Africa.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

18. Compliance & Enforcement

18.1 Compliance Measurement

Kwanda Agents' Security Officer will verify compliance with these Terms through various methods, including but not limited to periodic reviews, automated monitoring, business tool reports, internal and external audits, and feedback mechanisms.

18.2 Exceptions

Any exception to these Terms must be approved by Kwanda Agents' Security Officer in advance and in writing.

18.3 Non-Compliance

A user found to have violated these Terms may be subject to account suspension or termination, and where applicable, legal action. Employees or contractors of Kwanda Agents found to have violated these Terms may be subject to disciplinary action, up to and including termination of employment.

19. Changes to These Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days' notice prior to the new terms taking effect, by posting the updated Terms on this page and updating the effective date above.

Your continued use of the Service after the revised Terms become effective constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using the Service.

20. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Email: support@kwanda.ai

Website: agents.kwanda.ai