By accessing or using our services, you agree to be bound by these Terms and Conditions.
Please read them carefully.
You accept these terms by:
If you're accepting on behalf of a company or legal entity ('Customer'), you confirm that you have the authority to bind that entity and its affiliates to this agreement. If you lack this authority or your entity disagrees with these terms, you must not accept this agreement or use our services.
"Agreement" means these Terms and Conditions.
"Customer" means the business entity subscribing to our Service.
"Service" means our AI chatbot and voice agent platform or other services available through our site.
“Order” means a subscription or order for our service.
"User Submissions" means content you provide to our Service.
"Personal Data" has the meaning in applicable data protection laws.
“site” means www.kamagdesign.com and related domains and applications.
KAMAG Design offers a cloud-based artificial intelligence service that provides chat and voice agents for various purposes, including customer support, customer service, technical support, and sales support (the "Service"). User Submissions: Any content that customers or users configure, upload, customize, or otherwise provide is considered a "User Submission". Customer Responsibility: Customers are solely responsible for all User Sub missions provided for the Service, whether submitted directly through the online platform or indirectly through other means such as email. Software Access: Customers will not have access to the underlying software code of the Service, nor will they receive a copy of the software itself.
2.1 Registration:
To use our services, you must create an account and accept these Terms and Conditions.
2.2 Account Security:
You are responsible for:
a) Maintaining the confidentiality of your account and password
b) Restricting access to your device
c) All activities occurring under your account
2.3 Eligibility:
a) We only provide services to business (B2B) customers
b) Users must provide a company email address
c) Users must beat least 18 years old By creating an account, you confirm that you meet these eligibility requirements and accept these responsibilities.
3.1 Subscription Purchase:
Customers may purchase a subscription to the Service as specified at the time of subscribing, either online or offline, subject to this Agreement.
3.2 Subscription Period: All subscriptions are for the period described in the applicable Order.
3.3 Authorized Use:
a) Only individuals authorized by the Customer may use the Service.
b) The Service is for Customer's internal business purposes only, not for third-party benefit.
3.4 Subscription Terms:
a) Fees are charged at the beginning of the subscription period.
b) Subscriptions automatically renew unless cancelled by you in your account online before renewal.
c) Cancellations are not eligible for refunds.
d) Services remain accessible until the end of the paid subscription period.
e) If you decide to upgrade your Subscription during a Subscription Period, the upgrade will be effective immediately, and you'll be charged the additional fees specified in the Agreement. If you choose to downgrade your Subscription, the downgrade will take effect on the first day of the next renewal term. Downgrading may result in a reduction in content, features, or capacity of the Service, and Kamag Design won't be responsible for any resulting loss."
4.1 Your Payment Obligations
You must pay all charges for your account. You are
responsible for all applicable taxes.
4.2 Fee Changes
We may change our fees or introduce new charges at anytime by giving you 30 days written notice.
4.3 Non-Refundable
All subscription fees and add-on subscriptions are non-refundable.
4.4 Payment Methods
We accept credit card payments. We may use third-party payment processors to handle your payments.
4.5 Billing and Recurring Payments
We will charge your payment method for all fees due. If you sign up for recurring services, we will automatically charge your payment method until you cancel or we terminate this Agreement You authorize these recurring charges when you accept an order or subscribe.
4.6 Accurate Payment Information
You must provide and maintain current, accurate payment information. If you don't, we may suspend your access to our Services.
4.7 Payment Processor Terms
If we use a third-party payment processor, their terms and privacy policy also apply to your payments.
4.8 Late Payments- Late fees of 1.5% per month on overdue amounts- Service suspension after 30 days non-payment- All collection costs recoverable
4.9 Our Rights We may: Set off any amounts you owe us against payments due to you Correct payment errors, even after processing payment Charge your payment method for any services we provide under your order
4.10 Payment Processor Issues
We are not responsible for errors by payment processors, but we may correct such errors.
5.1 Tax Responsibility: You are responsible for all applicable taxes related to this Agreement.
5.2 Exclusion of Taxes: Payments under this Agreement do not include taxes such as GST, VAT, sales,use, or value-added taxes ("Taxes").
5.3 Tax Collection:
a) If legally required, KAMAG Design will collect Taxes in addition to the agreed payments.
b) You will indemnify KAMAG Design for any tax liability, including penalties or interest.
5.4 Tax Remittance:
a) If you're responsible for remitting Taxes in your jurisdiction, you must pay these to the relevant tax authority.
b) You agree to pay all fees to KAMAG Design without any withholding taxes.
5.5 Withholding Taxes:
a) If legally required to withhold taxes,you may do so, provided you: - Pay the relevant taxes on KAMAG Design's behalf - Provide official receipts or certifications as proof of payment
b) Both parties will cooperate to minimize withholding taxes and comply with documentation requirements.
6.1 Provision of Payment Information:
a) You may be required to provide valid payment information to KAMAG Design or itsthird-party payment service provider.
b) This includes your billing address and details of a valid credit card (Visa, MasterCard, orother accepted issuers) or other permitted payment method.
6.2 Authorization for Charges: a) By providing Payment Information, you authorize KAMAG Design and its payment processor to charge all fees due immediately. b) No additional notice or consent is required for these charges.
6.3 Updates to Payment Information:
a) You agree to promptly notify KAMAG Design of any changes to your Payment Information. b) Failure to update may result in service disruption.
6.4 Payment Information Security:
a) All Payment Information is sent directly to and stored with the third-party payment processor using their security protocols.
b) KAMAG Design does not store your payment information on its systems.
c) KAMAG Design is not responsible for the safety or security of payment information held by the third-party processor.
6.5 Consent to Information Sharing: By providing Payment Information, you consent to its sharing with relevant third-party payment processors for transaction processing.
7.1 Offer of Free Trials:
a) KAMAG Design may offer free trials of certain Service features or pre-release/beta functionalities.
b) Trial terms, including duration and available features, will be communicated when initiated.
7.2 Trial Period:
a) The trial period begins when you agree to it and ends at the communicated time.
b) Standard trials last 30 days, unless otherwise specified.
7.3 Termination of Free Trials:
a) KAMAG Design reserves the right to discontinue any Free Trial at any time without notice or explanation.
b) Access ends upon trial completion unless a subscription is purchased.
7.4 Post Trial Access:
a) Once the Free Trial period ends, access to trial features and functionality will cease.
b) Any data or information stored during the trial may become unavailable or be erased.
c) To retain access and data, you must purchase a subscription to those features and functionalities, if available.
7.5 No Guarantee of Availability: Participation in a Free Trial does not guarantee future availability of the trialed features or functionalities.
8.1 KAMAG Design's Rights:
a) KAMAG Design retains all rights, title, and interest, including intellectual property rights, in the Service and associated technologies.
b) This includes all software, algorithms, user interfaces, trade secrets, techniques, designs, inventions, and other tangible and intangible material and information related to the Service and Site.
c) No licenses or rights are granted to you except as expressly stated in these terms.
d) KAMAG Design reserves the right to use any concepts, ideas, techniques, or know-how related to the Service or arising from its performance under this Agreement.
8.2 Your Content:
a) KAMAG Design claims no intellectual property rights over the material and content you provide to the Service.
b) You retain full ownership of Your Content.
c) By using the Service, you grant KAMAG Design a limited license to use, store, and process Your Content solely for the purpose of providing and improving the Service.
8.3 Data Provision:
a) For the purposes of providing this service, we may require data from you.
b) All data you provide is at your own risk.
c) KAMAG Design will handle your data in accordance with applicable data protection laws and our privacy policy.
8.4 No Implied Rights: Except as explicitly stated in this Agreement, you do not receive any licenses or rights to the Service, and all such rights are reserved by KAMAG Design.
9.1 Term:
a) This Agreement remains in effect while you continue to use the Services.
b) The Agreement begins on the earlier of:
i) The date you first use the Services, or
ii) The date you accept the Agreement.
c) The Agreement continues until terminated in accordance with these terms.
9.2 Termination: By KAMAG Design: We may terminate this Agreement immediately if you:
a) Breach any material term and fail to remedy within 14days of written notice.
b) Fail to pay undisputed fees within 30 days of due date.
c) Become insolvent or cease business operations.
d) Use the Service in violation of applicable laws.
By You:
a) You may terminate the Agreement by informing KAMAG Design at any time or cancelling your Subscription(s).
b)Termination by you is effective when your current subscription expires.
9.3 Effects of Termination: Upon expiration or termination of this Agreement:
a) Your and any third party's access to the Service and Site, along with any licenses granted to you, will be terminated automatically.
b) Any un paid payment obligations as of the effective date of termination will become due and payable immediately.
c) You must immediately dispose of any copies of KAMAG Design's products and services in your possession.
9.4 Survival: Provisions relating to payment, intellectual property, indemnification, and limitations of liability shall survive termination of this Agreement."
You agree to indemnify and hold KAMAG Design harmless from any expenses and losses that may arise from or relate to:
a) Your failure to comply with the terms of this Agreement.
b) Claims that the use of Your Content, or any derived works, infringes on the rights of any third party, whether by or on behalf of KAMAG Design.
c) Your or any third party's use of the Service and Site, including any unauthorized access to your account.
d) Any unlawful use of KAMAG Design's Service and Site or violation of applicable laws.
e) Any issues that arise in connection with the operation of your business.
f) Any reliance on the results provided by the Service and Site.
10.1 Disclaimer:
a) You acknowledge and agree that your access to and use of the Service and Site is at your own risk and subject to the maximum extent permitted by applicable law.
b) The Service and Site is provided "as is" and KAMAG Design disclaims all warranties, whether express, implied or statutory, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, loss of data, or accuracy of results.
c) You are solely responsible for Your Content, any data or information used to generate and run your chatbots and other products and services, and KAMAG Design will have no liability for decisions based on any results returned from the Service.
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 6 APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
11.1 Limitation:
a) KAMAG Design will not be liable for any indirect, special, incidental, or consequential damages.
b) This includes damages based on the use or access, interruption, delay, or inability to use the Service, lost revenues or profits, loss of business or goodwill, data corruption, or system failures.
c) These limitations apply regardless of the legal theory and whether KAMAG Design has been advised of the possibility of such damages.
11.2 Liability Cap:
a) KAMAG Design's total liability will not exceed the total fees paid or payable by the customer for the Service during the twelve (12) months prior to the claim.
a) This Agreement constitutes the entire agreement between you and KAMAG Design regarding the use of the Service.
b) Any changes to this Agreement must be made in writing.
c) This Agreement will be governed by the laws of Singapore.
12.1 Enforceability
a) If any provision of this Agreement is held to be invalid or unenforceable, the other provisions will remain unimpaired.
b) The in valid or unenforceable provision will be deemed modified to be valid and enforceable to the maximum extent permitted by law.
12.2 Relationship of the Parties
a) Your relationship to KAMAG Design is that of an independent contractor.
b) Neither party is an agent or partner of the other.
12.3 Assignment
a) You may not assign, subcontract, delegate, or otherwise transfer your rights and obligations under this Agreement without KAMAG Design's prior written consent.
b) Any attempted assignment, subcontract, delegation, or transfer in violation of this provision will be null and void.
c) KAMAG Design may freely assign this Agreement.
d) The terms and conditions of this Agreement shall be binding upon assignees.
13.1 Customer Consent
a) With prior written consent from the Customer, KAMAG Design is allowed to identify the Customer and use and display the Customer's name, logo, trademarks, or service marks on KAMAG Design's site and in KAMAG Design's marketing materials.
13.2 Purpose
a) This will help in demonstrating the clientele and user base of KAMAG Design without compromising any confidential information or privacy rights of the Customer.
KAMAG Design will not be liable for any failure or delays caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, government actions, or third-party service failures.
The affected party must:
a) Notify the other party within 7 days
b) Use reasonable efforts to minimize impact
c) Resume performance when circumstances permit Performance obligations resume when the force majeure event ends.
a) This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement, or its subject matter or formation, will be governed by and construed in accordance with the laws of Singapore.
b) The parties agree to submit to the exclusive jurisdiction of the courts located in Singapore for any litigation under this Agreement permitted to be initiated in court.
a) You consent to receive communications from KAMAG Design electronically.
b) Notices under this Agreement will be communicated via email, although KAMAG Design may choose to provide notices through the Service instead.
c) Notices to KAMAG Design must be directed to a designated KAMAG Design email address.
d) Notices to Customers will be sent to the email addresses provided by them through the Service.
e) Notices are considered delivered the next business day after emailing or the same day if provided through the Service."
Our Infrastructure: We use third-party software, vendors and hosting services to operate our Service.
Third-Party Integrations: Our Service may connect with third-party applications, products or services that we do not own or control("Third-Party Services"). You may choose to use these integrations.
Login Credentials: If you use Third-Party Services with our Service, you may need to provide us with your login details for those services. By doing so, you confirm that:
You have authority to share this information
Sharing this information does not breach any agreements
you have with third-party providers
No Endorsement: We do not recommend or endorse any Third-Party Services.
Separate Agreements: Your use of Third-Party Services is governed by separate agreements with those providers, not this Agreement.
No Warranties: We make no warranties about Third-Party Services and are not responsible for their performance, availability or security.
Your Risk: You use Third-Party Services at your own risk.
For any issues with Third-Party Services, contact their providers directly.
Our Liability: We are not liable for any loss, damage or issues arising from Third-Party Services or your inability to access them.
You must not use our Service to:
a) Violate any applicable laws or regulations
b) Generate harmful, defamatory, or discriminatory content
c) Infringe third-party intellectual property rights
d) Attempt unauthorized access to our systems
e) Use excessive API calls that impact service performance
f) Reverse engineer or copy our Service
g) Resell or redistribute our Service without authorization
h) Store or transmit malicious code or illegal content
By using KAMAG Design's services, you agree to these terms.
Refer to our Privacy Policy on our website
19.1 Policy Updates:
a) We reserve the right to update this privacy clause to reflect changes in our practices or for other operational, legal, or regulatory reasons.
b) Customers will be notified of significant changes through our services or via direct communication.
19.2 Contact Information:
a) For privacy-related inquiries or to exercise your data protection rights, please contact the Data Protection Officer us at DPO@kamagdesign.com.
Kamag Design Pte Ltd, German Centre, #03-59D,25 International Business Park, Singapore 609916
Updated 1st June 2025
www.kamagdesign.com
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