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1. Acceptance of Terms

By accessing or using the Kothon platform, website, or any associated services (collectively, “the Service”) provided by Vivasoft Limited (“Kothon,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

Kothon is an AI-powered contact center platform that enables businesses to deploy voice agents for inbound call handling, outbound call campaigns, and call analytics. The Service includes access to the Kothon web application, APIs, dashboards, analytics tools, and any related documentation or support resources.

3. Accounts and Access

  • Account Registration To access the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
  • Authorized Users You may grant access to the Service to employees or contractors within your organization (“Authorized Users”). You are responsible for ensuring that all Authorized Users comply with these Terms.
  • Account Security You must notify us immediately at contact@vivasoftltd.com if you suspect any unauthorized use of your account or any security breach.
  • AI-generated outputs such as sentiment scores, transcripts, and call summaries

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:
  • Use the Service to make calls to individuals without their consent or in violation of applicable telemarketing, privacy, or communications laws
  • Transmit any content that is unlawful, defamatory, harassing, fraudulent, or harmful
  • Attempt to reverse engineer, decompile, or extract the source code of any part of the Service
  • Use the Service to infringe the intellectual property rights of any third party
  • Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure
  • Use the Service to train or develop a competing AI model or product without our prior written consent
  • Misrepresent the AI as a human agent in any jurisdiction where such disclosure is legally required

5. Customer Data

  • Your Data You retain full ownership of all data you upload, transmit, or generate through the Service, including call recordings, transcripts, contact lists, and customer information (“Customer Data”).
  • Our Use of Your Data We will process Customer Data solely to provide the Service and as described in our Privacy Policy. We will not sell, share, or use Customer Data for any purpose outside of delivering the Service to you.
  • Data Security We apply industry-standard security measures to protect Customer Data, including 256-bit AES encryption for voice streams and data in transit. Details are available in our Security documentation.
  • Data Retention Upon termination of your account, we will retain your Customer Data for 30 days, after which it will be permanently deleted unless you request an earlier deletion or export.

6. Intellectual Property

  • Kothon IP All rights, title, and interest in and to the Service including the software, AI models, interfaces, branding, and documentation — are and remain the exclusive property of Vivasoft Limited. These Terms do not grant you any ownership rights in the Service.
  • Your IP You retain all rights to your Customer Data and any content you bring to the Service. By using the Service, you grant us a limited, non-exclusive license to process your data solely to deliver the Service.
  • Feedback If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use that feedback without restriction or compensation.

7. Fees and Payment

  • Subscription Fees Access to the Service is subject to the fees agreed upon in your order form, quote, or enterprise agreement. All fees are exclusive of applicable taxes unless stated otherwise.
  • Payment Terms Invoices are due within 30 days of the invoice date unless otherwise agreed. Late payments may incur interest at 1.5% per month, or the maximum rate permitted by law, whichever is lower.
  • Suspension for Non-Payment. We reserve the right to suspend access to the Service if payment is not received within 15 days of the due date, following written notice.

8. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

9. Warranties and Disclaimers

  • Our Warranty We warrant that the Service will perform materially in accordance with the documentation under normal use conditions.
  • Disclaimer Except as expressly stated above, the Service is provided “as is” and “as available” without any warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.

10. Limitation of Liability

To the fullest extent permitted by applicable law, Kothon’s total cumulative liability to you for any claims arising under or related to these Terms shall not exceed the fees paid by you in the three months preceding the claim. In no event shall either party be liable for indirect, incidental, consequential, or punitive damages, even if advised of the possibility of such damages.

11. Indemnification

You agree to indemnify, defend, and hold harmless Kothon and its affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any applicable law or third-party rights.

12. Term and Termination

  • Term These Terms remain in effect for as long as you use or access the Service.
  • Termination by You You may terminate your account at any time by contacting us at contact@vivasoftltd.com.
  • Termination by Us We may suspend or terminate your access to the Service immediately if you breach these Terms, fail to make payment, or if we are required to do so by law.
  • Effect of Termination Upon termination, your right to access and use the Service ceases immediately. Sections 5.4, 6, 8, 10, and 11 survive termination.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of Bangladesh. Any disputes arising under these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to the courts of competent jurisdiction in Dhaka, Bangladesh.

14. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the platform at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

15. Contact

For questions about these Terms, contact us at: Vivasoft Limited Ahmed Tower, 11, 16 & 19th Floor, 28–30 Kemal Ataturk Ave, Dhaka 1213, Bangladesh contact@vivasoftltd.com