Terms of Service

1.Agreement to these Terms

These Terms of Service (the “Terms”) are a binding agreement between you and Kloshi (“Kloshi”, “we”, “us”) governing your access to and use of the Kloshi website, application and related services (together, the “Service”).

By creating an account, joining a workspace, clicking to accept, or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you are using the Service on behalf of a company or other organization, you represent that you have authority to bind that organization, and “you” refers to it. If you do not agree, do not use the Service.

Some features are subject to additional terms from third parties, notably Google (for connected Gmail accounts) and Stripe (for payments). Those terms apply alongside these Terms where indicated below.

2.Definitions

• Account — your individual login (name, email address, password).
• Workspace (also “organization”) — a tenant within the Service that holds one business’s CRM records, company knowledge, plays, drafts and settings. An Account can belong to several Workspaces.
• Owner, Admin, Member — the roles a person can hold in a Workspace. Owners have the highest level of control, including billing, usage limits and deletion of the Workspace.
• Customer Data — all data you or your Members submit to or generate in a Workspace: contacts, companies, deals, tasks, notes, imported files, company knowledge, product catalog entries, plays, outreach drafts and recorded outcomes.
• AI Features — website analysis, SEO/AEO analysis and outreach drafting, which use large language models provided by xAI.
• Connected Mailbox — a Gmail account a Member has authorised the Service to send from via Google OAuth.
• Plan — the subscription tier that sets a Workspace’s member, workspace and AI usage limits.

3.Eligibility and accounts

You must be at least 18 years old and able to form a binding contract to use the Service. The Service is intended for business use and is not directed at consumers or children.

You are responsible for your Account credentials and for everything done through your Account. Use a strong, unique password, keep it confidential, and tell us at support@kloshi.com promptly if you believe your Account has been compromised. You must provide accurate registration information and keep it current.

Password-reset and invitation links are sent to the email address on your Account. You are responsible for the security of that mailbox.

4.Workspaces, roles and members

The person who creates a Workspace becomes its Owner. Owners and Admins may invite others by email; an invited person joins when they accept. Every Member can create, edit and delete CRM records in the Workspace. Certain actions are limited by role: only Owners can delete a Workspace, change its subscription, remove the last Owner, or change AI usage limits.

The Owner(s) of a Workspace are responsible for the conduct of its Members and for ensuring that Members are authorised to access the Customer Data in that Workspace. Members act on behalf of the Workspace; outreach sent from a Member’s Connected Mailbox is sent at the direction of the Workspace.

A Workspace’s data is isolated from every other Workspace. A person who is not a Member of a Workspace cannot see that it exists.

5.The Service

Kloshi is a customer relationship management (CRM) application for sales teams with AI-assisted prospecting and website optimization. In summary, it provides:

• Records for contacts, companies and deals, with owners, lifecycle stages, pipelines, tasks and an activity timeline;
• Company knowledge and a product catalog that you approve and that the AI Features are permitted to reason with;
• A prospecting agent that drafts outreach emails for a defined audience, placing every draft in a review queue for a person to approve, edit or reject;
• Sending approved drafts through a Member’s Connected Mailbox, recording outcomes, follow-up sequences, scheduled runs and reply/bounce detection on threads the Service sent;
• Answer engine optimization (AEO): indexing websites you add, generating the questions buyers ask AI assistants, checking whether ChatGPT, Gemini and Perplexity cite those websites, recommending content, and counting visits those assistants send through an optional first-party tracking snippet;
• CSV import, an audit log, usage metering and billing.

We may add, change or remove features over time. We will not materially reduce the core functionality of a paid Plan during a paid term without notice. Features described as beta, preview or experimental are provided as-is and may change or be withdrawn at any time.

6.Trials, plans and billing

Trial

A new Workspace starts on the Trial Plan at no charge, intended for an evaluation period of 14 days. No payment method is required. The Trial Plan has lower member and AI usage limits than paid Plans. A Workspace that is not upgraded remains on the Trial Plan’s limits; we do not delete Customer Data because a trial period has elapsed.

Paid Plans

Paid Plans are purchased by an Owner through Stripe Checkout and renew automatically at the end of each billing period until cancelled. The price, currency and billing interval are those shown by Stripe at the time of purchase. Each paid Plan applies to one Workspace unless the Plan expressly includes several Workspaces. You authorise us and Stripe to charge your payment method for each renewal.

Limits

Each Plan includes limits on members, Workspaces and AI usage (requests and tokens per month, and requests per minute). The Service enforces these limits: a request that would exceed a limit is refused and recorded, and an invitation that would exceed the member limit is refused. Owners may lower limits for their Workspace, and may raise them only within what their Plan allows. Current limits are published on the pricing page.

Changes, cancellation and refunds

You may change or cancel a Plan at any time through the billing portal linked from Settings → Billing. Cancellation takes effect at the end of the current billing period, after which the Workspace returns to the Trial Plan’s limits. Fees are non-refundable except where required by law or expressly stated by us in writing. If we change the price of a Plan, the new price applies from your next renewal after at least 30 days’ notice.

Taxes and payment failures

Prices exclude taxes unless stated. You are responsible for applicable sales, VAT, GST or similar taxes, which Stripe may calculate and collect. If a payment fails, we may retry it and, after notice, suspend paid features or return the Workspace to the Trial Plan’s limits until payment is made.

7.Your data

You own your Customer Data. You grant us a worldwide, non-exclusive licence to host, copy, process, transmit and display Customer Data solely to provide, secure and support the Service, to enforce these Terms, and as otherwise permitted by our Privacy Policy. We do not sell Customer Data and we do not use it to train machine-learning models.

Customer Data includes personal data about third parties — your prospects and customers. You are the controller of that data. You represent that you have a lawful basis to collect it, store it in the Service, have it analysed by the AI Features, and send the recipients the communications you send. You are responsible for honouring opt-outs, suppression requests and deletion requests from those individuals, and for complying with laws such as CAN-SPAM, CASL, the GDPR, the UK GDPR, the ePrivacy rules and the CCPA/CPRA as they apply to you.

Within a Workspace, Customer Data is visible to all of its Members. You can delete individual records at any time, and an Owner can delete the whole Workspace, which permanently removes every record it holds. See the Privacy Policy for retention details.

8.Acceptable use

You agree not to, and not to permit anyone to:

• Send unsolicited bulk email, deceptive or misleading messages, or any message that violates applicable anti-spam or marketing laws, or send to people who have asked you not to contact them;
• Upload or store content that is unlawful, infringing, defamatory, or that you have no right to process, including purchased or scraped contact lists you are not entitled to use;
• Use the Service to transmit malware, phishing content, or anything designed to harm recipients or their systems;
• Attempt to access another Workspace, another user’s Account, or any part of the Service you are not authorised to use, including by guessing identifiers;
• Probe, scan, overload or interfere with the Service or its infrastructure, or circumvent rate limits, usage limits, or security controls;
• Reverse engineer, decompile or copy the Service except where the law allows this despite this restriction;
• Resell, sublicense or provide the Service to third parties as a service bureau, other than managing client Workspaces under a Plan that permits it;
• Use the AI Features to generate content that is discriminatory, harassing, deceptive about who is writing, or that impersonates another person or company;
• Use the Service in violation of export control or sanctions laws.

We may investigate suspected violations and may remove content, suspend features, or suspend or terminate Accounts and Workspaces involved, with notice where practicable.

9.Connected mailboxes and email sending

A Member may connect their own Gmail account under Settings → Mailbox. By doing so, the Member authorises the Service to send messages from that account when a draft addressed to a contact they own is approved and a person clicks Send, and to read the threads of messages the Service itself sent, so that replies and bounces can be recorded. The Service does not list, search or read any other part of the mailbox.

Messages are sent from the mailbox of the contact’s owner, not from the person who approves or clicks Send. Approving a draft does not send it. The Service never sends on a schedule; every send is an explicit human action. You are responsible for the content of every message sent through a Connected Mailbox and for complying with Google’s terms, including the Google API Services User Data Policy, and with Gmail’s sending limits and acceptable-use policies.

A Member can disconnect their mailbox at any time from Settings → Mailbox, or revoke access from their Google account settings. Disconnecting deletes the stored credentials and prevents further sends from that account; it does not recall messages already sent.

10.Connected data providers and prospecting

A Workspace admin may connect the Workspace’s own Apollo.io account under Settings → Integrations. By doing so, you authorise the Service to search Apollo, retrieve company and job-posting and news data, and, only when a person approves a recommendation, enrich one person at a time, all on behalf of the Apollo user who connected and against that account’s credits. You are responsible for holding a valid Apollo subscription, for the credits the Service consumes at your direction, and for complying with Apollo’s API terms and other Apollo policies. We do not provide, license or resell Apollo data; the Service is the tool through which your own Apollo account is used.

Recommendations, fit scores and signals produced from provider data are AI output under Section 12: they are suggestions for a person to check, each tied to its cited source, and may be wrong or out of date. Nothing becomes a contact, and no email is drafted, until a Member approves it. Records created from a provider are marked with their source and date.

Lawful outreach. You are solely responsible for determining that you may lawfully contact each person you approve, including under anti-spam, privacy and data-protection laws that apply to you and to the recipient (such as CAN-SPAM, CASL, PECR and the GDPR), for honouring opt-out requests, and for keeping your own records of that basis. You must not use provider data for consumer marketing, for any purpose unrelated to business-to-business sales, or in any way that breaches Apollo’s terms. We may suspend provider features for a Workspace that we reasonably believe is in breach.

A Workspace admin can disconnect the provider at any time, which deletes the stored credentials. Provider availability, pricing, rate limits and data accuracy are controlled by the provider, not by us, and we are not liable for provider outages, credit consumption you authorised, or inaccuracies in provider data.

11.Answer engine optimization

Under SEO/AEO you may add websites for the Service to crawl, index and check against answer engines. You represent that you own or are authorised to act for each website you add, including to install the tracking snippet on it. The number of websites, prompts and answer engines, and how often checks run, depend on your Plan (Section 6); we may adjust these allowances with notice because each check incurs third-party costs.

Checks are performed with the Service’s own accounts at OpenAI, Google and Perplexity and reflect what those engines returned to an API request at that moment. Answer engines are non-deterministic and personalised: the same question asked by a different person, in a different place or at a different time may be answered differently, so a check is evidence of a tendency, not a guarantee of what any visitor sees. We are not responsible for changes those providers make to their models, tools or availability.

Prompts, the site index and recommendations are AI output under Section 12. Recommendations describe content a person might write; the Service does not publish anything to your website and does not guarantee that following a recommendation will change how any engine answers. Marking a recommendation “published” is your statement that you put content live at the URL you enter; the Service only uses that URL to attribute visits.

Tracking snippet. The snippet counts page views and their referrer without cookies, local storage or device fingerprinting, as described in the Privacy Policy. You remain responsible for your own website’s privacy notices and for any consent your jurisdiction requires. You must not install the snippet on websites you are not authorised to measure, and you must not alter it to collect additional data. We may stop accepting data from a website that exceeds reasonable volume or appears to be misusing the endpoint.

Crawling. Our crawler identifies itself as KloshiBot and honours robots.txt, including when an owner or admin has scheduled it to re-crawl a website daily, weekly or monthly. If a website you add disallows it, the Service will say so rather than bypass it. For recommendations, the Service may also fetch a small number of public pages that an answer engine cited; that text is used only to explain the recommendation to you and is not stored beyond the recommendation’s summary.

12.AI features

The AI Features use Grok models provided by xAI. Requests are made server-side from the Service with provider retention disabled; see the Privacy Policy for what is and is not sent. The research assistant has read-only access to your Workspace and cannot change records or send anything. The prospecting agent only creates drafts for human review.

AI output can be wrong. Although the Service instructs the model to use only your records and approved knowledge, to cite its sources and to say “Unknown” rather than guess, large language models can misread, omit or misstate information. AI output is provided for your review and is not advice. You are responsible for reviewing every draft before approving it and for every decision you make based on AI output. You must not represent AI output as having been reviewed by a person when it has not.

To the extent we hold any rights in AI output generated for you, we assign them to you, subject to these Terms. AI usage is metered against your Plan as described in Section 6. We may change the underlying model or provider; if a change would materially reduce the AI Features, we will give notice.

13.Third-party services

The Service relies on third parties to operate, including hosting (Vercel), database hosting (Neon), AI models (xAI), answer engines used for AEO checks (OpenAI, Google and Perplexity), payments (Stripe), transactional email (Resend) and, where you connect them, Google and Apollo.io. These providers process data on our behalf as described in the Privacy Policy. We are responsible for our providers’ handling of your data under our agreements with them, but we are not responsible for third-party services you choose to connect or use directly, such as your Google or Apollo account, which remain subject to their own terms.

14.Intellectual property and feedback

The Service, including its software, design, text, trademarks and documentation, is owned by Kloshi and its licensors and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your subscription. All rights not expressly granted are reserved. “Grok” is a trademark of xAI and “Gmail” is a trademark of Google LLC; Kloshi is not affiliated with or endorsed by either.

If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free licence to use it without obligation to you. We will not identify you as the source without your permission.

15.Confidentiality

Each party will keep the other’s non-public information confidential, use it only to perform under these Terms, and protect it with at least reasonable care. Customer Data is your confidential information. This obligation does not cover information that is public through no fault of the recipient, already known to the recipient, independently developed, or required to be disclosed by law (in which case the recipient will give notice where lawful). It survives for three years after these Terms end, and indefinitely for Customer Data and trade secrets.

16.Security

We maintain technical and organisational measures designed to protect Customer Data, including workspace-level isolation enforced on every request, encryption in transit, encryption of third-party credentials at rest, an audit log of changes, and least-privilege access to production systems. A summary of these measures is in the Privacy Policy.

You are responsible for securing your Accounts and devices, for choosing who to invite into a Workspace and with what role, and for the security of any Connected Mailbox. We will notify you without undue delay if we become aware of a breach of security affecting your Customer Data.

17.Availability, support and changes

We aim to keep the Service available at all times but do not guarantee uninterrupted or error-free operation. We may suspend the Service for maintenance, to apply security fixes, or where required to protect the Service or its users, with notice where practicable. A public health endpoint reports the Service’s status and which optional integrations are configured; it never exposes Customer Data.

Support is provided by email at support@kloshi.com during our normal business hours. We may change these Terms, the Service, or the Plans as described in Section 23.

18.Suspension and termination

By you. You may stop using the Service at any time. An Owner may delete a Workspace from Settings, which permanently deletes its Customer Data. You may cancel a paid Plan as described in Section 6.

By us. We may suspend or terminate your access, or a Workspace, if you materially breach these Terms and do not cure the breach within 10 days of notice (or immediately for breaches that cannot be cured or that threaten the security or integrity of the Service), if required by law, or if you fail to pay amounts due after notice. We may also discontinue the Service entirely with at least 60 days’ notice, in which case we will refund any prepaid fees for the unused portion of your term.

Effect. On termination your right to use the Service ends. Unless you have deleted it or asked us to, Customer Data remains in the Workspace for a limited period as described in the Privacy Policy, after which it is deleted. Sections that by their nature should survive — including payment obligations, ownership, confidentiality, disclaimers, limitations of liability, indemnities and dispute terms — survive termination.

19.Disclaimers

THE SERVICE AND ALL AI OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT AI OUTPUT WILL BE ACCURATE OR COMPLETE, OR THAT ANY EMAIL WILL BE DELIVERED, OPENED OR ANSWERED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

20.Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED US DOLLARS (US$100) IF YOU HAVE PAID NOTHING.

These limitations do not apply to a party’s indemnification obligations, to breaches of confidentiality, to your payment obligations, to either party’s infringement or misappropriation of the other’s intellectual property, or to liability that cannot be limited by law (such as for fraud, gross negligence, or death or personal injury caused by negligence).

21.Indemnification

You will defend, indemnify and hold harmless Kloshi and its officers, directors, employees and agents from and against claims, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or related to: (a) Customer Data, including any claim that it was collected, stored, analysed or communicated unlawfully or without the necessary rights; (b) messages sent through a Connected Mailbox at your direction; (c) your use of the Service in violation of these Terms or applicable law.

We will defend, indemnify and hold you harmless from third-party claims alleging that the Service, as provided by us and used in accordance with these Terms, infringes that third party’s intellectual-property rights, excluding claims arising from Customer Data, AI output, third-party services, or your modifications or combinations.

The indemnified party must give prompt notice, allow the indemnifying party to control the defence and settlement (not settling in a way that imposes obligations on the indemnified party without consent), and provide reasonable cooperation.

22.Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to the next paragraph, the courts located in the State of Delaware, United States have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and each party consents to personal jurisdiction there.

Before filing a claim, each party agrees to give the other written notice describing the dispute and to attempt in good faith to resolve it informally for at least 30 days. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information. If you are a consumer in a jurisdiction whose mandatory laws give you additional rights, nothing in these Terms limits those rights.

23.Changes to these Terms

We may update these Terms from time to time. If a change is material, we will give at least 30 days’ notice by email to Workspace Owners or by a notice in the Service before it takes effect; other changes take effect when posted with an updated effective date at the top of this page. Your continued use of the Service after a change takes effect constitutes acceptance. If you do not agree, you must stop using the Service before the change takes effect, and you may cancel any paid Plan with a pro-rata refund of prepaid fees for the remainder of the term.

24.General

• Entire agreement. These Terms, the Privacy Policy and any order confirmation from Stripe form the entire agreement between you and us about the Service and supersede prior agreements on that subject.
• Assignment. You may not assign these Terms without our written consent, except to a successor in a merger or acquisition of your business. We may assign them to an affiliate or successor. They bind permitted successors and assigns.
• Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect.
• Waiver. A failure to enforce a provision is not a waiver of the right to enforce it later.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, other than payment obligations.
• Notices. We will send notices to the email address on your Account. Send notices to us at legal@kloshi.com. Notices are effective on receipt.
• Independent contractors. The parties are independent contractors; these Terms create no partnership, agency or joint venture.
• Export. You will comply with applicable export and sanctions laws in using the Service.

25.Contact

Questions about these Terms: legal@kloshi.com. Support: support@kloshi.com. Privacy: privacy@kloshi.com.

Kloshi