Welcome to Kendo.ai. These Terms of Service ("Terms") are a legally binding agreement between you ("you," "your," or "User") and Kendo.ai ("we," "us," "our," or "Kendo.ai") governing your access to and use of our website at https://kendo.ai, our sales role-play and training platform, AI-powered coaching tools, integrations (including the Zoom integration), and all related services (collectively, the "Services").
By accessing or using our Services, creating an account, or clicking "I Agree," you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy and Data Protection Policy. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
If you do not agree to these Terms, do not use our Services.
1. Definitions
"Account" means the user account you create to access the Services.
"Content" means any text, audio, video, images, data, or other materials.
"Customer Data" means any data you upload, submit, or make available through the Services, including meeting recordings, transcripts, and participant information obtained through third-party integrations.
"AI Insights" means analysis, feedback, scores, coaching recommendations, and other outputs generated by our AI-powered features based on Customer Data.
"Subscription" means your paid plan granting access to the Services for a specified term.
"Third-Party Integrations" means connections between the Services and third-party platforms, including Zoom, that you authorize.
"Authorized Users" means individuals within your organization who are authorized to access and use the Services under your Account.
2. Description of Services
Kendo.ai is an AI-powered sales training and coaching platform that helps sales teams improve their performance. Our Services include:
AI Sales Role-Play: Simulated sales conversations powered by artificial intelligence, allowing sales representatives to practice and refine their skills.
AI Call Scoring: Automated analysis and scoring of sales conversations to identify strengths and areas for improvement.
Coaching Insights: AI-generated feedback and recommendations based on analysis of sales interactions.
Zoom Integration: Connection with Zoom to import meeting recordings and transcripts for analysis and coaching purposes.
Team Analytics: Aggregated performance dashboards and reports for sales team leaders and administrators.
Screening Tools: AI-assisted evaluation tools for sales hiring and candidate assessment.
We may update, modify, or discontinue features of the Services from time to time. We will use commercially reasonable efforts to notify you of material changes that significantly affect your use of the Services.
3. Account Registration and Security
3.1 Account Creation
To access the Services, you must create an Account by providing accurate, current, and complete information. You agree to update your information promptly if it changes.
3.2 Account Security
You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to:
Use a strong, unique password for your Account.
Enable multi-factor authentication where available.
Notify us immediately at support@kendo.ai if you suspect unauthorized access to your Account.
Not share your Account credentials with third parties.
We are not liable for any loss or damage arising from unauthorized use of your Account resulting from your failure to safeguard your credentials.
3.3 Authorized Users
If you are an organization, you may invite Authorized Users to access the Services under your Account. You are responsible for ensuring that your Authorized Users comply with these Terms and for all activity conducted by Authorized Users under your Account.
4. Subscriptions, Fees, and Payment
4.1 Subscription Plans
The Services are available under various subscription plans as described on our Pricing page. We may offer free trials or limited free tiers at our discretion.
4.2 Fees and Billing
Fees are based on the subscription plan you select and are billed in advance on a monthly or annual basis as indicated at the time of purchase.
All fees are quoted in U.S. dollars unless otherwise stated.
Fees are non-refundable except as expressly stated in these Terms or as required by applicable law.
We may change our fees upon 30 days' prior written notice. Continued use of the Services after a fee change constitutes acceptance of the new fees.
4.3 Payment
Payment is processed through our third-party payment processor. By providing payment information, you authorize us to charge the applicable fees to your designated payment method. You are responsible for keeping your payment information current.
4.4 Taxes
All fees are exclusive of applicable taxes (including sales tax, VAT, and similar charges). You are responsible for paying all applicable taxes, except for taxes on our net income.
4.5 Late Payments
If payment is not received by the due date, we may suspend or terminate your access to the Services upon 10 days' written notice. We reserve the right to charge interest on overdue amounts at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower).
5. Third-Party Integrations
5.1 Zoom Integration
Our Services offer integration with Zoom to enable analysis of sales meetings. When you connect your Zoom account:
You authorize Kendo.ai to access meeting recordings, transcripts, metadata, and participant information as described in our Privacy and Data Protection Policy.
You represent that you have obtained all necessary consents from meeting participants for recording, transcription, and analysis by Kendo.ai, as required by applicable law and Zoom's policies.
You acknowledge that your use of Zoom is governed by Zoom's own Terms of Service and Privacy Statement, which are separate from these Terms.
We use Zoom data exclusively for the purposes described in our Privacy and Data Protection Policy. We do not sell Zoom data or use it for advertising or to train general-purpose AI models.
You may disconnect the Zoom integration at any time through the Zoom App Marketplace or by contacting support@kendo.ai.
5.2 Other Integrations
We may offer integrations with other third-party platforms from time to time. Your use of any third-party integration is subject to the applicable third party's terms and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services.
5.3 Integration Availability
We do not guarantee the continued availability of any third-party integration. If a third party modifies, restricts, or discontinues its API or services, we may need to modify or discontinue the corresponding integration. We will use commercially reasonable efforts to notify you of any material changes.
6. Customer Data and Ownership
6.1 Your Data
You retain all ownership rights in your Customer Data. By using the Services, you grant us a limited, non-exclusive, worldwide license to use, process, store, and transmit your Customer Data solely to the extent necessary to provide, maintain, and improve the Services and as described in our Privacy and Data Protection Policy.
6.2 AI Insights
AI Insights generated by our Services based on your Customer Data are provided for your use as part of the Services. You may use AI Insights internally for training, coaching, and evaluation purposes. We retain the right to use aggregated, anonymized, and de-identified data derived from AI Insights to improve the Services, provided such data cannot reasonably be used to identify you or any individual.
6.3 Data Portability
Upon your written request, we will make your Customer Data available for export in a commonly used electronic format within 30 days, subject to any applicable legal or technical constraints.
6.4 Data Deletion
Upon termination of your Account or upon written request, we will delete or anonymize your Customer Data in accordance with the retention schedule set forth in our Privacy and Data Protection Policy, unless we are legally required to retain it.
7. Acceptable Use
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
Use the Services in any way that violates applicable laws or regulations.
Upload or transmit any Customer Data that you do not have the right to share, or that infringes any third party's intellectual property, privacy, or other rights.
Record, transcribe, or analyze meetings without obtaining all required consents from participants.
Use the Services to harass, abuse, threaten, or discriminate against any person.
Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services or any underlying AI models.
Interfere with or disrupt the integrity or performance of the Services, or attempt to gain unauthorized access to any systems or networks connected to the Services.
Use the Services to develop a competing product or service, or to benchmark the Services for competitive purposes without our prior written consent.
Resell, sublicense, or otherwise make the Services available to third parties except through authorized Authorized User access.
Use AI Insights as the sole basis for employment decisions (including hiring, firing, or compensation) without independent human review and judgment.
Circumvent any usage limits, access controls, or security measures of the Services.
Use any data obtained through the Zoom integration for advertising, marketing, or any purpose other than those described in our Privacy and Data Protection Policy.
We reserve the right to investigate and take appropriate action against any User who, in our sole discretion, violates this section, including removal of Content, suspension, or termination of the Account.
8. Intellectual Property
8.1 Our Intellectual Property
The Services, including all software, algorithms, AI models, designs, text, graphics, user interfaces, and other content (excluding Customer Data), are owned by Kendo.ai or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. These Terms do not grant you any ownership interest in the Services.
8.2 Trademarks
"Kendo.ai," "Kendo," and our logos are trademarks of Kendo.ai. You may not use our trademarks without our prior written consent, except as reasonably necessary to refer to our Services in accordance with applicable trademark law.
8.3 Feedback
If you provide us with feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us an unrestricted, irrevocable, perpetual, royalty-free license to use, modify, and incorporate such Feedback into the Services without obligation to you.
9. Confidentiality
Each party agrees that all information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential ("Confidential Information") shall be kept confidential and shall not be disclosed to any third party except as necessary to perform obligations under these Terms, subject to obligations of confidentiality at least as protective as those set forth herein.
Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without reference to the Confidential Information; or (d) is rightfully received from a third party without restriction on disclosure.
10. Privacy and Data Protection
Our collection, use, storage, and protection of personal information is governed by our Privacy and Data Protection Policy, which is incorporated into these Terms by reference. By using the Services, you acknowledge and agree to our data practices as described in that Policy.
If you use the Services in a manner that involves processing personal data of individuals in the European Economic Area (EEA), United Kingdom, or other jurisdictions with applicable data protection laws, you agree to comply with all obligations applicable to you as a data controller, including obtaining all necessary consents and providing all required notices to data subjects.
11. Term and Termination
11.1 Term
These Terms are effective from the date you first access or use the Services and continue until terminated. Your Subscription will automatically renew for successive periods of the same duration unless either party provides written notice of non-renewal at least 30 days before the end of the current Subscription period.
11.2 Termination by You
You may terminate your Account at any time by contacting support@kendo.ai or through your Account settings. If you terminate during a Subscription period, you will not receive a refund for unused time unless required by applicable law.
11.3 Termination by Us
We may terminate or suspend your Account and access to the Services:
For Cause: Immediately, if you breach these Terms, engage in prohibited conduct, or fail to pay fees when due (after the cure period described in Section 4.5).
For Convenience: Upon 30 days' prior written notice.
Required by Law: Immediately, if required by law, regulation, or a government or court order.
11.4 Effect of Termination
Upon termination:
Your right to access and use the Services ceases immediately.
We will delete or anonymize your Customer Data in accordance with our Privacy and Data Protection Policy retention schedule, unless you request an export within 30 days of termination.
Any outstanding fees become immediately due and payable.
Provisions that by their nature should survive termination will survive, including Sections 6 (Customer Data and Ownership), 8 (Intellectual Property), 9 (Confidentiality), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), and 16 (Governing Law and Dispute Resolution).
12. Disclaimers
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KENDO.AI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, KENDO.AI DOES NOT WARRANT THAT:
The Services will be uninterrupted, error-free, or completely secure.
AI Insights, scores, or recommendations will be accurate, complete, or suitable for any particular decision.
Third-party integrations (including Zoom) will be continuously available or function without interruption.
The Services will meet your specific requirements or expectations.
AI-generated outputs are intended as training aids and coaching tools. They should not be relied upon as the sole basis for employment, compensation, or other consequential decisions. You are solely responsible for how you use and act upon AI Insights.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
KENDO.AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
KENDO.AI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO KENDO.AI IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if any limited remedy fails of its essential purpose.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.
14. Indemnification
You agree to indemnify, defend, and hold harmless Kendo.ai, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
Your use of the Services in violation of these Terms.
Your Customer Data, including any claim that your Customer Data infringes or misappropriates a third party's rights.
Your failure to obtain required consents from meeting participants for recording, transcription, or analysis.
Your violation of any applicable law or regulation.
15. Modifications to Terms
We may modify these Terms from time to time. If we make material changes, we will notify you by email or through a prominent notice within the Services at least 30 days before the changes take effect. The updated Terms will indicate the new "Last Updated" date.
Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services and may terminate your Account.
16. Governing Law and Dispute Resolution
16.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
16.2 Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved as follows:
Informal Resolution: The parties shall first attempt to resolve any dispute informally by contacting support@kendo.ai. The parties agree to negotiate in good faith for at least 30 days before initiating any formal proceedings.
Arbitration: If informal resolution is unsuccessful, any dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in the State of Delaware. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
16.3 Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND KENDO.AI AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
17. General Provisions
17.1 Entire Agreement
These Terms, together with our Privacy and Data Protection Policy and any Subscription order forms, constitute the entire agreement between you and Kendo.ai regarding the Services and supersede all prior agreements, understandings, and communications, whether written or oral.
17.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.
17.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Kendo.ai.
17.4 Assignment
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, upon notice to you.
17.5 Force Majeure
Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, government actions, power failures, internet or telecommunications failures, or third-party service outages (including outages of Zoom or other integrated platforms).
17.6 Notices
All notices under these Terms shall be in writing and sent to the applicable party at their registered email address (for you, the email associated with your Account; for us, support@kendo.ai). Notices are deemed received upon delivery or, for email, upon confirmed transmission.
17.7 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.
18. Contact Us
If you have any questions or concerns about these Terms, please contact us:
Email: support@kendo.ai
Website: https://kendo.ai
