These Terms of Use (the "Terms") govern access to and use of the Reach product, including the application, interfaces, dashboard, management areas, embed interfaces, connections to communication channels, setup flows, demo components, APIs, templates, automations, operational tools, ancillary features, and any other component or service operated by Kind Technology Ltd. (the "Company" and/or "Kindway") under the Reach brand (collectively, the "Product").
The terms "you", "Customer", "User" or "Organization" refer to any person or entity that registers for, accesses, operates, manages, connects, configures, or uses the Product, whether during a trial period, under a paid subscription, in a managed-use arrangement, on behalf of another customer, through administrator access, or through any other lawful access granted to it. By accessing or using the Product, you confirm that you have read, understood, and agreed to these Terms. If you do not agree to these Terms, you may not use the Product.
1. About the Product
Reach is a SaaS product intended primarily for business and commercial use. It enables the creation, management, and operation of AI agents and communication workflows for end customers, including through Meta products (including WhatsApp), websites, customer-site embeds, and related features as may be made available from time to time.
Use of the Product is intended for users acting on behalf of a business, organization, existing commercial activity, or a business venture in formation with a legitimate purpose.
2. Scope of the Terms and Other Documents
These Terms apply to all use of the Product, including registration, account access, use during a trial period, activation of a subscription, connection of external accounts, uploading or entering content, management of agents, creation of conversations, use of AI capabilities, embeds, integrations, API use, use of management interfaces, and any other activity carried out through the Product. If a separate agreement or other dedicated document also applies between the Customer and the Company, its provisions shall also apply. In the event of a conflict, the specific provisions set out in that document shall prevail with respect to the relevant subject matter. Unless expressly agreed otherwise in writing, nothing in these Terms grants the Customer any exclusivity, and the Company may offer and provide the Product or similar services to other customers.
To the extent the Customer participates in a referral, partner, or similar program operated by the Company in connection with the Product, such participation may also be subject to a dedicated appendix, specific terms, rules within the Product, or additional notices published by the Company from time to time, and those provisions shall apply in addition to these Terms.
3. Capacity and Authority
By using the Product, you confirm that you have the legal capacity required under the law applicable to you and that, to the extent you act on behalf of a corporation, business, organization, or other entity, you are duly authorized to do so on its behalf. You further confirm that any information you provide in connection with the account, subscription, connected channels, the identity of the organization, or any content you upload or enter will, to the best of your knowledge, be true, accurate, and not misleading.
The Company may, at its discretion, require additional information, verification, or details for purposes of opening an account, connecting channels, enabling services, reviewing unusual use, preventing fraud, or complying with legal requirements.
4. License and Use Rights
Subject to these Terms, payment in full of the applicable fees, and the scope of permissions, plan, and features made available by the Company from time to time, the Company grants the Customer a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable internal business license to use the Product solely for the Customer’s internal business purposes and during the term of the engagement.
This license does not grant the Customer any ownership rights or other rights in the Product or any of its components, other than the limited right of use expressly granted under these Terms.
5. Subscription, Billing and Cancellation
The Company may, at its discretion, make available a limited trial period which, as of the date of these Terms, is generally seven (7) days, and whose duration the Company may change from time to time, for evaluation and suitability purposes only. In certain cases, including through referral or partner-program flows, the Company may grant a different or extended trial period, subject to the specific terms applicable to that flow. The trial period does not constitute a permanent free service, does not guarantee continued access, and does not grant any right to preserve information, recover it, or continue using the Product without purchasing a subscription.
At the end of the trial period, if no subscription has been purchased and no other arrangement approved by the Company has been put in place, access to the Product will be blocked and no charge will be made. In such case, information provided during the trial period may be deleted immediately or within a short time thereafter, at the Company’s discretion.
Any paid subscription, or any additional purchased scope, will be charged through the payment processor used by the Company from time to time, and as of the date of these Terms through Rapyd or such alternative provider as the Company may choose. The subscription will apply for the billing cycle presented to the Customer at the time of purchase.
The Customer may cancel a subscription at any time; however, cancellation will take effect only at the end of the billing period already paid for and will not entitle the Customer to a full or partial refund, unless the Company decides otherwise at its discretion in an exceptional case with a reasonable basis. The submission of a refund request does not obligate the Company to issue any refund.
The Company may offer, amend, update, replace, or discontinue plans, packages, pricing, add-ons, features, quotas, usage policies, measurement mechanisms, operational limitations, or billing terms, all in accordance with these Terms and applicable law. To the extent such a change affects an existing subscription, the Company will provide prior notice at its discretion and in a manner reasonable in the circumstances, and the Customer may choose whether to continue with the updated subscription, move to another available plan, or terminate the subscription in accordance with the applicable terms.
6. Usage Limits and Quotas
Use of the Product may be subject to multipliers of use, token limits, activity volumes, channel limits, knowledge volumes, performance limits, processing rates, model capabilities, third-party provider limitations, system resources, plan settings, or other dynamic limitations set or changed by the Company from time to time. The mere existence of a usage display, warning, threshold, or quota in the interface does not constitute an exclusive or complete commitment as to how enforcement will occur in practice.
The Company may, at its discretion, apply blocking, throttling, limiting, prioritization, load-management, or other operational adjustments, or offer expanded capabilities for payment or otherwise, depending on the circumstances. The Company does not undertake any specific level of performance, response time, capacity, output quality, or result. The Product is dynamic and is affected, among other things, by the Customer’s manner of use, input data, end-customer characteristics, knowledge content, third-party models and infrastructure, regulatory constraints, and the technological environment.
7. Permitted and Prohibited Use
The Product is intended for legitimate business use in good faith, for the creation, management, and operation of agents, processes, and commercial communication channels in accordance with the purposes for which it is offered. The Product may not be used in a manner that exceeds those purposes, constitutes competitive or unfair use, or is likely to harm the Company, the Product, other customers, end customers, or third parties.
Without derogating from the foregoing, it is prohibited to use the Product, or to use outputs generated through it, in a manner that violates any law, third-party policy, third-party right, or contractual undertaking; that includes impersonation, deception, fraud, misleading advertising, sending prohibited or unlawful messages, harming consumers, misuse of communication channels, or operation of campaigns or agents without proper authorization; or that involves any intentional attempt to disrupt, overload, bypass security mechanisms, perform reverse engineering, probing, stress testing, scraping, or systematically extract configurations, content, logic, prompts, templates, messages, outputs, knowledge, usage data, or any other component of the Product, except for a reasonable evaluation of suitability for authorized use.
In addition, the Product, in whole or in part, may not be used for copying, imitation, competitive analysis, building a competing product or service, or for training, adapting, improving, or developing a competing system, including by means of automated tools or AI tools, without the Company’s prior written consent. It is further prohibited to upload, enter, connect, send, store, or process through the Product any content or information that the Customer does not have the legal right to use, or whose content violates rights, confidentiality, privacy, law, or the policies of a third party, including Meta, WhatsApp, model providers, integration platforms, or infrastructure providers.
Any breach of this Section shall be deemed a material breach of these Terms, and the Company shall be entitled to take any immediate and reasonable measure available to it, including suspension, blocking, deletion, disconnection of channels, preservation of evidence, reporting to relevant parties, and enforcement of its rights.
8. Third Parties and External Channels
Some services within the Product rely on systems, platforms, channels, APIs, model providers, infrastructure providers, communication providers, authentication providers, payment providers, or other third parties, including Meta and WhatsApp. The Customer is responsible for complying with any law, consent requirement, policy, terms of use, opt-in or opt-out requirement, regulatory obligation, or other applicable rule relating to its use of such channels and services.
The Company is not responsible for decisions, blocks, limitations, suspensions, policy changes, API changes, availability issues, errors, delays, removals, service quality, enforcement methods, or any act or omission of third parties. Without derogating from the foregoing, if a Customer’s account, channel, number, WABA, integration, or access is limited, suspended, blocked, or otherwise affected by a third party, directly or indirectly, in connection with use of the Product, the Customer shall have no claim against the Company in this regard, unless the damage was caused by the Company’s gross negligence or by an express breach of a material undertaking of the Company that cannot legally be disclaimed.
Without undertaking to do so, the Company may, at its discretion, attempt to assist the Customer in reviewing such events, based on its experience and subject to its abilities and the cooperation of the relevant third party.
9. Customer Content, Data and Ownership
The Customer bears full responsibility for any content, message, knowledge, document, file, data, configuration, instruction, setup, integration, source of information, campaign, recipient list, conversation, activity, or any other information that it uploads, connects, enters, sends, activates, or otherwise enables for use through the Product.
Subject to the Company’s rights in the Product itself and subject to applicable law, ownership of Customer content, its business data, files, instructions, materials, prompts, and any other content or material supplied or entered by the Customer into the Product remains with the Customer. The Customer may use such materials outside the Product, to the extent they are accessible to it, for its own purposes and at its own responsibility.
The Company may use such content and data for the purpose of providing the service, operating the Product, improving it, securing it, supporting it, measuring usage, preventing abuse, complying with legal requirements, protecting its rights, and developing and improving its activity, including on the basis of aggregated, anonymized, statistical, or non-identifying data.
For the avoidance of doubt, the Customer’s rights in its content, instructions, or supplied materials do not grant it any right in the code, architecture, interfaces, templates, prompts, logic, methodologies, operating mechanisms, training processes, work methods, improvements, or any other component of the Product or the Company. This includes any feedback, comment, instruction, example, change request, or other input provided by the Customer that contributes to improving the Product, which the Company may use for the purpose of improving, changing, adapting, and developing the Product and its activity, without granting the Customer any proprietary right in the Company’s work methods, outputs, improvements, or intellectual property.
All rights in the Product itself, including the code, architecture, interfaces, templates, operational models, AI components, logic, interface designs, methodologies, improvements, accumulated know-how, aggregated data, and any component that is not raw Customer content, belong to the Company and/or its licensors.
10. AI, Outputs and Accuracy
The Product uses AI capabilities, model providers, and automated components for the generation of outputs, drafting of responses, analysis of information, suggestions, classification, prioritization, and the operation of various processes. By their nature, outputs and results generated through the Product may be incorrect, partial, inaccurate, outdated, or not suited to the relevant context.
The Customer is responsible for configuring, testing, supervising, and operating the Product in a manner suited to its activity, including with respect to agent settings, content, flows, channels, responses, instructions, knowledge sources, authorized users, and end customers. Accordingly, the Customer is responsible for assessing the suitability, accuracy, and reasonableness of outputs before using, sharing, relying upon, or activating them in practice.
Outputs of the Product are not to be regarded as a sole source of truth or as a substitute for appropriate business, human, or professional judgment. In addition, the Product is not intended to serve as a substitute for legal, medical, financial, regulatory, or other binding professional advice, unless expressly stated otherwise by the Company in writing.
The Company does not undertake that the Product or its outputs will provide any specific business, operational, or commercial outcome and is not responsible for results arising from the Customer’s configuration, operation, use of, or reliance on the Product or its outputs, except to the extent caused by an express breach of a material undertaking of the Company.
11. Privacy and Data Processing
Use of the Product is also subject to the Reach Privacy Policy, as updated from time to time, which forms an integral part of the legal framework governing use of the Product.
To the extent the Customer uses the Product to collect, enter, connect, process, or manage conversations, content, contact details, end-customer data, files, knowledge, or other information, the Customer is responsible for ensuring it has an appropriate legal basis to do so, as well as for any notice, consent, disclosure, or policy required on its part under applicable law.
The Customer acknowledges that the Company and service providers on its behalf may process, store, and use such information for the purpose of operating, supplying, maintaining, securing, improving, and continuing the Product, all in accordance with applicable law, the Privacy Policy, and reasonable operational need.
12. Data Retention and Deletion After Termination
Where a trial period ends without a subscription being purchased, access to the Product will be blocked and information entered during the trial period may be deleted immediately or within a short time thereafter.
Where a paid subscription ends, is cancelled, or is not renewed, access to the Product will continue until the end of the billing period already paid for. Thereafter, the Company may retain information and content related to the account for a limited period of up to sixty (60) days for purposes of possible service renewal, support, handling inquiries, security, dispute resolution, compliance with legal obligations, and protection of its rights. At the end of that period, or within a reasonable time thereafter, the information will be deleted or anonymized, except for information that the Company is required or permitted to retain by law or for reasonable accounting, legal, or operational purposes. Without derogating from the foregoing, such deletion or anonymization may also take place in accordance with the Company’s reasonable backup and recovery cycles.
13. Availability, Support and Changes to the Product
The Product is provided as a dynamic and evolving solution. The Company does not undertake continuous availability, full availability of any particular feature, any SLA, any specific response time, support at a defined service level, absence of malfunctions, absence of outages, or continuity of any interface, module, integration, or specific capability.
At the same time, the Company will act reasonably in reviewing inquiries, issues, and requests relating to use of the Product, and may, depending on the matter, consider response, handling, adjustment, improvement, update, or another possible solution, in accordance with the nature of the request, the Customer’s plan, the Product’s capabilities, and the Company’s professional and commercial judgment.
The Company may, at any time and at its discretion, change, update, expand, reduce, remove, suspend, replace, or discontinue any part of the Product, including features, interfaces, plans, integrations, channels, models, usage metrics, operational components, methods of measurement, or modes of presentation.
14. Disclaimer
The Company works to provide a quality, professional, and evolving product and invests reasonable efforts in its operation, maintenance, improvement, and expansion of capabilities. Nevertheless, the Product and every component, feature, output, API, content item, service, integration, and capability made available through it are provided on an "AS IS" and "AS AVAILABLE" basis, without representations or warranties of any kind, express or implied, to the fullest extent permitted by law.
Without derogating from the foregoing, the Company does not undertake that the Product will in all cases suit the Customer’s specific needs, provide any particular commercial result, meet any specific performance targets, be available at all times, or operate without errors, disruptions, blocks, model errors, integration errors, communication failures, or dependence on disruptions of third parties.
15. Limitation of Liability
The Customer is responsible for operating the Product in a reasonable and responsible manner consistent with the nature of its activity, including with respect to settings, content, instructions, approvals, channels, human review, use toward end customers, and implementation of relevant procedures or instructions as may appear in the Product or be provided by the Company from time to time.
To the fullest extent permitted by law, the Company, its officers, employees, advisors, suppliers, and anyone acting on its behalf shall not be liable for any indirect, consequential, special, incidental, non-pecuniary, or punitive damages, including loss of revenue, loss of profits, loss of business opportunity, loss of data, damage to reputation, claims of end customers, replacement costs, compliance costs, or disruption of activity, arising out of use of the Product, inability to use it, outputs generated through it, activity of the Customer or end customers, dependence on third parties, policy changes of third parties, or any action or omission of the Customer in the operation of the Product.
Without derogating from the foregoing, the Company shall not be liable for any damage, loss, or exposure caused, in whole or in part, by the Customer’s configuration, operation, approval, use, reliance, connection of channels, input of content, provision of instructions, or lack of sufficient supervision.
The Company’s total aggregate liability in connection with the Product, if and to the extent such liability is determined, shall not exceed the amount actually paid by the Customer to the Company for use of the Product during the twelve (12) months preceding the event giving rise to the claim. Where no amount has actually been paid, including during a trial period, the Company’s liability, if any, shall exist only to the extent that it cannot be limited or excluded under applicable law.
16. Indemnification
The Customer shall indemnify the Company, its employees, and anyone acting on its behalf for any reasonable damage, loss, expense, or cost, including reasonable legal fees and attorneys’ fees, incurred as a result of a breach of these Terms, unlawful or prohibited use of the Product, violation of law, violation of a third-party policy, infringement of a third-party right, or in connection with messages, content, data, campaigns, actions, or configurations operated by or on behalf of the Customer through the Product, or any third-party claim arising out of such use.
17. Suspension, Blocking and Termination
The Company may, at its discretion, suspend, restrict, block, cancel, disconnect channels, reduce access, delay actions, remove content, or terminate access to the Product, immediately or otherwise, including if it believes that prohibited, misleading, unlawful, harmful, competitive, risky, or otherwise problematic use has been made, or use that may expose the Company or third parties to risk, liability, damage, or policy violation.
Any such suspension or termination shall not derogate from any right, remedy, or claim available to the Company under law, these Terms, or any other document applicable between the parties.
18. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Israel. The competent courts of Tel Aviv-Jaffa shall have exclusive jurisdiction over any matter arising out of these Terms or the use of the Product.
19. Miscellaneous
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, this shall not affect the validity of the remaining provisions. Failure by the Company to exercise any right shall not be deemed a waiver of that right. The Company may transfer or assign its rights and obligations under these Terms as part of an organizational change, merger, sale of activity, or similar transaction. The Customer may not transfer, assign, or permit another to use the usage rights granted to it in the Product, in whole or in part, without the Company’s prior written consent.
20. Contact
For questions, inquiries, or requests regarding these Terms, you may contact the Company through the contact interfaces within the Product or by email at: office@kindway.space.
Appendix A: Partner Program Terms
These Partner Program Terms (the “Appendix”) apply to any referral, partner, or similar program made available by the Company in connection with the Product (the “Partner Program”). This Appendix forms part of the Reach Terms of Use. If there is a conflict between this Appendix and the general Terms of Use, this Appendix prevails only with respect to the Partner Program.
A. Nature of the Program
The Partner Program is a promotional, goodwill-based incentive that the Company may offer, at its discretion, to eligible customers. Participation is optional, personal to the eligible customer or organization, and available only to paying customers unless the Company determines otherwise.
Nothing in the Partner Program creates any right to continued participation, any guaranteed benefit, any minimum value, or any obligation on the Company to maintain the program or provide any particular reward, except to the extent a specific referral benefit has already been validly approved, vested, and made available under the rules then in effect.
B. Referral Links and Attribution
An eligible customer may receive a unique referral link or code generated by the Product. Sharing that link is the sole responsibility of the referrer. Referral attribution is determined automatically by the Product and the Company’s systems. A referred organization may be attributed to one referrer only, and the first valid attribution accepted by the system shall prevail. Attribution is final and may not be transferred, reassigned, or manually changed, except where the Company is required to do so by law or expressly chooses otherwise in exceptional circumstances.
C. Qualification, Approval, and Vesting
A referral does not qualify for any benefit merely because a user signed up or started a trial. Any referral benefit is subject to the referred organization becoming a paying customer, successful subscription detection, any internal or manual approval required by the Company, completion of any vesting period set by the Company, and compliance with the Terms of Use, this Appendix, and any related in-product rules or notices.
The Company may review, delay, withhold, freeze, deny, reverse, cancel, or void any referral, credit, status, or benefit where it reasonably suspects abuse, manipulation, bad faith, irregular activity, technical inconsistency, operational anomaly, breach of policy, or any circumstance that justifies doing so in its judgment.
D. Nature of Benefits
Referral benefits, if any, are non-cash benefits only and may include billing reductions, subscription-related credits, temporary increases in token capacity, or other Product-related benefits determined by the Company from time to time. Unless the Company expressly states otherwise in writing, benefits are not redeemable for cash, are not transferable, and may only be used while the referrer maintains an active eligible paid subscription.
E. Subscription-Time Benefits
Where the Company offers a subscription-time benefit, it is applied only against a future billing cycle by reducing the amount otherwise payable on the next relevant invoice or billing event. It is a one-off billing reduction only and does not create a permanent price change, refund right, cash equivalent, or standing credit balance unless the Company expressly states otherwise.
F. Additional-Token Benefits
Where the Company offers an additional-token benefit, it applies as an additive increase on top of the referrer’s then-current token entitlement, for the period defined by the Company at the relevant time. As of launch, that period may be six (6) months, but the Company may change the duration, structure, or scope of that benefit at any time. If the referrer downgrades or changes the relevant token tier or package in a way that affects the applicability of the benefit, the Company may immediately cancel, adjust, or discontinue the remaining token-related benefit. In such a case, the customer may contact the Company through the available channels, and the matter will be reviewed and handled solely as the Company deems appropriate.
G. Operational and Technical Issues
Because the Partner Program is newly introduced and may evolve over time, operational, technical, attribution, billing, vesting, or display inconsistencies may occur. If a customer believes that a referral, credit, status, or benefit was not reflected properly, the customer must notify the Company through the available support or contact channels. The Company may review and address the matter as it deems appropriate, and its determination in such cases shall apply, subject to applicable law.
H. Company Discretion and No Relationship Created
The Company may, at any time and at its discretion, establish, modify, suspend, restrict, interpret, review, freeze, discontinue, or terminate the Partner Program, in whole or in part, including its eligibility rules, attribution logic, vesting periods, claim conditions, limits, available benefits, benefit values, activation rules, interfaces, and related mechanics. The Partner Program does not create any agency, partnership, reseller, employment, fiduciary, joint venture, or exclusive relationship between the Company and any participant, and no participant may act on behalf of the Company or bind it in any way.
I. Continued Application of Main Terms
All general provisions of the Reach Terms of Use, including those relating to permitted and prohibited use, suspension, limitation of liability, indemnification, governing law, and jurisdiction, continue to apply to the Partner Program and to participation in it.