Terms of Service

Welcome to Kawsay! These Terms of Service (“Terms”) govern your access to and use of our website (kawsay.ai), mobile application, and any content, functionality, and services provided through it (collectively, the “Services”). By using our Services, you agree to these Terms. If you do not agree with these Terms or our Privacy Policy, do not use our Services.

If you have any questions, feel free to contact us at info@kawsay.ai.

1. Acceptance of These Terms

When we say “we,” “us,” or “our,” we are referring to AM2 Canada Inc., operating as Kawsay. When we say “you,” we are referring to the user of our Services.

By accessing or using our Services, you agree to comply with these Terms and our Privacy Policy, which governs the collection, use, and protection of personal information. If you are entering into this agreement on behalf of a business or entity, you represent that you have the authority to do so.

By clicking “I Agree” or using our Services, you acknowledge that you have read, understood, and agreed to these Terms.

2. Account, Password, Security, and Phone Use

You are responsible for maintaining the confidentiality of your account information, including passwords. You are also responsible for any activity that occurs under your account. If you become aware of unauthorized access, notify us immediately. We are not responsible for losses caused by unauthorized use of your account. Users must also provide a valid phone number and agree to receive communications through phone or text.

3. Communication by Text Message or Email

By providing your phone number and email address, you consent to receiving calls and messages (including automated ones) related to our Services. These messages may include service updates, reminders, or promotional content. You can opt out of these communications at any time by modifying your settings or contacting us.

You are solely responsible for ensuring compliance with Canada’s Anti-Spam Legislation (CASL) and other electronic messaging laws when using our Services to communicate with users.

4. Communication with Kawsay and its Clients

We reserve the right to limit or revoke your access to the platform if your actions degrade the experience of other platform users, Kawsay’s employees, affiliates, partners, or the employees and partners of third-party platforms (e.g., Facebook, Instagram, WhatsApp, and Telegram).

5. Privacy and Security

Your privacy is important to us. All information collected through your use of the Services is governed by our Privacy Policy, in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable privacy laws in Canada.

While we take reasonable measures to secure your personal information, we cannot guarantee absolute security. You are responsible for safeguarding your account credentials and immediately informing us of any unauthorized access to your account.

6. Payment, Billing, and Refund Policies

We are committed to ensuring your satisfaction with our Services. We offer a 14-day no-conditions refund policy. If, for any reason, you are unsatisfied within 14 days of your purchase, you may request a full refund with no questions asked.

All payments are processed through a third-party payment system (the “PSP”), and you agree to abide by the PSP's terms. Any applicable taxes are based on the billing address provided. Subscription fees may be changed, and we will notify you of changes before applying them. If you are on a trial, unless canceled before the end of the trial period, you will automatically become a recurring subscriber.

Refunds will be processed within 5-10 business days once the request is approved.

7. Mobile App Updates and Upgrades

From time to time, we may offer updates or upgrades to improve performance, fix bugs, or add features to our mobile app. You agree to install any mandatory updates to ensure proper functioning of the Services.

8. User-Generated Content

You may submit content to our Services, including feedback, comments, or other data (collectively, "User-Generated Content"). You are solely responsible for any User-Generated Content you submit and grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, modify, display, and distribute such content.

By submitting User-Generated Content, you agree that:

• It does not infringe any intellectual property rights.
• It does not contain offensive, illegal, or harmful material.
• It complies with all applicable local and international laws.

We reserve the right to remove any content that violates these Terms or is deemed inappropriate.

9. Non-User-Generated Content and Intellectual Property

All content on our Services, including but not limited to text, images, software, and design, is owned by AM2 Canada Inc. or its licensors. You may not reproduce, distribute, or modify this content without our express written permission.

You may use our Services and content solely for personal use. Commercial use requires prior written approval from us.

10. Links to Third-Party Websites; Optional Third-Party Tools

The Services may contain links to third-party websites or tools. We do not endorse, control, or monitor these links and tools. Use of third-party links is at your own risk, and we are not responsible for the content, policies, or practices of third-party sites. You acknowledge that we are not liable for any damages arising from your use of such links or tools.

11. Service Availability and Maintenance

We strive to provide uninterrupted access to our Services, but there may be times when we need to perform scheduled maintenance. We will make reasonable efforts to notify users in advance of any planned downtime. We are not liable for any interruptions to your access due to maintenance or technical issues beyond our control.

12. Modifications to Services

We reserve the right to modify, suspend, or discontinue any feature or service at any time. In the event of significant changes to paid services, we will notify you in advance. Your continued use of the Services after any modifications indicates your acceptance of the changes.

13. Copyright Complaints and Copyright Agent

If you believe that any material provided on or in connection with the Services infringes your copyright, please contact us with the required information outlined in our copyright policy at info@kawsay.ai.

14. Account Suspension and Termination

We may suspend or terminate your account if you violate these Terms. You may also terminate your account at any time by contacting us. Upon termination, your right to access our Services will cease, and any User-Generated Content you have submitted may be deleted or deactivated.

15. Billing and Payment

Unless agreed otherwise, all payments for Services are made through a third-party payment processor (PSP). You agree to abide by the PSP’s terms, and Kawsay is not liable for any PSP-related issues. Payments may include taxes based on your billing address, and all prices are listed in Canadian dollars unless otherwise stated. Refunds are subject to our refund policy, and fees may change with prior notice.

16. Limitation of Liability

Our Services are provided "as is" and without warranties of any kind. We make no representations or warranties of any kind, express or implied, as to the accuracy, completeness, or reliability of any information provided via our Services. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

We do not guarantee that our Services will be error-free or uninterrupted, and we are not responsible for any damages arising from your use of our Services, including but not limited to loss of data, profits, or goodwill.

In no event will AM2 Canada Inc. or its affiliates be liable for damages exceeding the amount you paid for our Services in the 12 months preceding the claim or CAD $1,000, whichever is greater.

17. Indemnification

You agree to indemnify and hold harmless AM2 Canada Inc., its officers, employees, and agents from any claims, damages, or liabilities arising out of your use of the Services, your violation of these Terms, or your violation of any third-party rights.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of the Province of Ontario, Canada. Any disputes arising out of these Terms or your use of our Services will be subject to the exclusive jurisdiction of the courts located in Ontario, Canada.

19. Force Majeure

AM2 Canada Inc. will not be held responsible for any failure or delay in the performance of its obligations due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or any other force majeure event.

20. Notices and Consent to Receive Notices Electronically

You consent to receive agreements, notices, and other communications electronically, either by email or posting on the website. All legal notices should be sent to info@kawsay.ai.

21. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and AM2 Canada Inc. regarding your use of the Services and supersede any prior agreements or understandings.

22. Contact Information

If you have any questions or concerns about these Terms or our Services, please contact us at:

• Email: info@kawsay.ai
• Mail: AM2 Canada Inc., 4903 Thomas Alton Blvd, Burlington, ON L7M 0W8