Terms of Service

Last updated: 21 October 2025

These Terms of Service (the “Terms”) govern access to and use of the Yuvara software and related services (the “Service”) provided by KAS Marketing UG (haftungsbeschränkt), Kiefernweg 20B, 46539 Dinslaken, Germany (“KAS”, “we”, “us”). Yuvara is a product/brand of KAS.

By clicking “I agree”, executing an Order Form, or using the Service, the entity you represent (“Customer”) accepts these Terms. The Service is offered only to businesses (§ 14 BGB) and not to consumers (§ 13 BGB).

These Terms incorporate by reference our Privacy Policy and our Data Processing Addendum (DPA) (for processing of personal data on Customer’s behalf). If these Terms conflict with the DPA regarding data protection matters, the DPA controls. If these Terms conflict with an Order Form, the Order Form controls for commercial details.

1. Definitions

• Authorized Users: Customer’s employees and contractors authorized to use the Service.

• Customer Data: data, content, files, prompts, configurations, and other information submitted by or for Customer to/in the Service.

• Output: results generated by the Service (including AI-generated text/data) from Customer inputs.

• Order Form: any ordering document (including online checkout) referencing these Terms and specifying plan, term, fees, limits, and add-ons.

• Documentation: user guides and policies we make available within the Service or on our website.

• Beta Features: pre-release or experimental features marked “Beta”, “Labs”, or similar.

2. The Service

2.1 Provision

We provide the Service during the Subscription Term in accordance with these Terms and the Documentation. We may update the Service (including adding, changing, or deprecating features), provided we do not materially reduce core functionality of your current paid plan during the then-current term.

2.2 B2B only

Customer represents it is a business and will use the Service only for business purposes.

2.3 Accounts & Credentials

Customer is responsible for all activities under its accounts, safeguarding credentials, and ensuring Authorized Users comply with these Terms.

2.4 Third-party services

The Service may interoperate with, or enable integrations to, third-party services (e.g., cloud hosting, databases, CDN/DDoS, email delivery, payments, analytics, AI). Use of those services is governed by the third party’s terms. We are not responsible for third-party services.

3. Subscriptions, Fees, Taxes

3.1 Currency & fees

All fees are in USD. Customer will pay: (a) the base subscription and (b) per-lead charges as described in Schedule A. Fees are exclusive of VAT and other applicable taxes.

3.2 Billing cadence

Customer may choose monthly or annual (prepaid) billing for the base subscription. Per-lead charges are billed monthly in arrears unless stated otherwise in the Order Form.

3.3 Renewals

Subscriptions renew automatically for successive terms (monthly or annual) unless canceled before the renewal date.

3.4 Payment method

Charges are processed via our payment processor. Customer authorizes recurring charges for the Subscription Term and renewals.

3.5 Late amounts

Overdue amounts may accrue interest at the statutory rate. We may suspend the Service for material non-payment after notice.

3.6 Taxes

Customer is responsible for all taxes, duties, and similar governmental assessments (excluding taxes on our income). We will invoice VAT where required based on the billing information Customer provides.

4. Lead Qualification & Counting

4.1 Qualified Lead

A “Qualified Lead” is a lead that satisfies all of the following:

• the person chatted with the chatbot; and

• the person provided a name and either a phone number or an email address; and

• the person expressed interest in properties (e.g., via intent signals in the flow, explicit selection of property interests, or a message indicating interest).

4.2 Counting method

Qualified Leads are counted using the Service’s systems (event logs and metadata) and deduplicated by reasonable technical means. The same person and contact details within a 30-day window count as one lead unless materially distinct profiles are evident.

4.3 Disputes

If Customer disputes a lead’s qualification, it must notify us within 10 business days of the invoice, identifying the lead and the reason. We will review the evidence (events, transcripts) and, if the lead does not meet the definition, we will credit or remove that charge on the next invoice. Absent timely dispute, counts are deemed accepted.

4.4 Fraud and test traffic

Clearly fraudulent, automated, or internal test submissions (reasonable evidence required) will be excluded or credited.

4.5 Privacy and compliance

Lead collection and processing are subject to the Privacy Policy and DPA. Customer, as controller, is responsible for notices, consents, and lawfulness of processing.

5. Acceptable Use

Customer and Authorized Users shall not:

• violate laws, third-party rights, or publish unlawful, harmful, or infringing content;

• send spam or unsolicited communications, or breach direct-marketing rules (e.g., GDPR/ePrivacy, CAN-SPAM where applicable);

• probe, scan, or test the vulnerability of the Service, or circumvent security or usage protections;

• reverse engineer, decompile, or create derivative works of the Service (except to the extent permitted by mandatory law);

• use the Service for high-risk activities where failure could lead to death, personal injury, or severe environmental damage;

• process special categories of data or other sensitive data unless expressly agreed in writing and covered by the DPA;

• use the Service in illegal industries or campaigns likely to cause significant abuse or spam complaints.

We may suspend access for AUP violations to prevent harm or comply with law; we will notify Customer when legally permitted.

No usage limits apply to plans. We may apply reasonable technical safeguards (e.g., rate-limiting to protect stability), which do not constitute usage caps.

6. Customer Data; Output; Intellectual Property

6.1 Ownership

As between the parties, Customer owns Customer Data and Output (to the extent protected by IP law). Customer is responsible for ensuring it has all rights to submit Customer Data and for the legality of Customer’s processing instructions.

6.2 Our IP

The Service, software, and Documentation are owned by KAS or its licensors. No rights are granted except as expressly stated.

6.3 License to operate

Customer grants KAS a non-exclusive, worldwide license to host, copy, process, transmit, and display Customer Data and Output solely to provide, secure, support, and improve the Service and as otherwise permitted by these Terms and the DPA.

6.4 AI features; model training

If Customer activates AI features, the Service may generate Output from Customer inputs. Customer is responsible for reviewing Output and using it lawfully. Unless otherwise agreed, we do not use Customer Data to train foundation models beyond what is necessary to provide the features; details are governed by the Privacy Policy and DPA.

6.5 Feedback

If Customer provides feedback, KAS may use it without restriction or obligation, provided it does not identify Customer or disclose Customer Confidential Information.

7. Data Protection & Security

7.1 DPA

Where KAS processes personal data on Customer’s behalf, the parties’ DPA (incorporated by reference) applies (Art. 28 GDPR).

7.2 Security

KAS maintains appropriate technical and organizational measures (see DPA Annex II).

7.3 Subprocessors

KAS uses approved subprocessors listed at /legal/subprocessors (or Annex III of the DPA). KAS remains liable for subprocessors and will provide change notifications with a right to object as described in the DPA.

7.4 International transfers

For transfers outside the EEA/UK/CH, the mechanisms described in the DPA apply (EU SCCs, UK Addendum, Swiss adaptations, and/or EU-U.S. Data Privacy Framework where applicable).

8. Confidentiality

Each party will use the other party’s Confidential Information only to perform under these Terms and will protect it with at least the same care it uses to protect its own confidential information (not less than reasonable care). Exclusions apply for information that is public, already known, independently developed without reference, or lawfully disclosed by a third party. If compelled by law to disclose, the recipient will provide notice (if lawful) and reasonable cooperation.

9. Service Levels, Support, Maintenance

9.1 Availability

We aim to provide reliable Service and reasonable support during business hours as described in the Documentation or Order Form.

9.2 SLA (Enterprise)

For Enterprise plans, we commit to 99.9% monthly uptime. If uptime in a calendar month is:

• 99.0%–99.9% → 10% service credit

• 95.0%–99.0% → 25% service credit

• below 95.0% → 50% service credit

Credits require Customer’s written request within 14 days after the month end and are applied to future invoices. Credits are the sole and exclusive remedy for SLA breaches.

Exclusions: scheduled maintenance announced at least 24 hours in advance, factors outside KAS’s reasonable control (e.g., widespread internet issues, force majeure), and incidents caused by Customer’s systems or misuse.

9.3 Maintenance

We may schedule maintenance; where feasible we will provide prior notice.

10. Term, Renewal, Suspension, Termination

10.1 Term & renewal

Subscription begins on the Effective Date and renews per the Order Form unless terminated.

10.2 Free trial

A 14-day free trial applies as set out in Schedule A. During the trial, no base fee and no per-lead fees are charged. At the end of the trial, the subscription converts to a paid plan unless Customer cancels before the trial ends.

10.3 Suspension

We may suspend the Service immediately if: (i) Customer is in material breach (including non-payment after notice), (ii) suspension is needed to address a security risk or comply with law, or (iii) there is abuse of the Service. We will reinstate when the issue is resolved.

10.4 Termination for cause

Either party may terminate for material breach if the breach is not cured within 30 days after written notice.

10.5 Effect

Upon termination or expiry, Customer’s access ends. Upon request within 30 days, we will make Customer Data available for export. Thereafter we will delete Customer Data per the DPA (subject to legal retention).

11. Warranties; Disclaimers

11.1 Warranties

Each party warrants that it has the authority to enter into these Terms and will comply with applicable law.

11.2 Disclaimer

Except as expressly stated, the Service is provided “as is” and “as available” without warranties of any kind, and we disclaim all implied warranties (merchantability, fitness for a particular purpose, non-infringement) to the maximum extent permitted by law.

12. Indemnities

12.1 By Customer

Customer will defend and indemnify KAS against third-party claims arising from Customer Data, Customer’s use of the Service in violation of law or these Terms, or Customer’s marketing communications that breach direct-marketing laws.

12.2 By KAS

KAS will defend and indemnify Customer against third-party claims alleging that the Service, as provided by KAS and used according to these Terms, infringes a third party’s intellectual property right. KAS may (at its option) modify the Service, procure a license, or terminate the affected feature with a pro-rata refund. This obligation does not apply to claims based on Customer Data, combinations not provided by KAS, or use contrary to the Documentation.

13. Liability (Germany-specific)

13.1 Unlimited liability for:

(a) intent or gross negligence,

(b) death, personal injury, or damage to health,

(d) claims under the German Product Liability Act.

13.2 Slight negligence; cardinal duties

For slight negligence and breach of wesentliche Vertragspflichten (cardinal duties whose fulfillment enables proper performance and on which the customer regularly relies), liability is limited to the foreseeable damage typical for this type of contract.

13.3 Exclusion

Otherwise, liability for slight negligence is excluded.

13.4 Cap

Except for the items in clause 13.1, each party’s aggregate liability in any 12-month period is limited to the fees paid or payable by Customer for the Service in that period.

13.5 Scope

The above applies to all claims regardless of legal theory.

14. Export Control; Sanctions

Customer represents it is not subject to sanctions and will not use the Service in violation of export-control or sanctions laws.

15. Changes to Terms

We may modify these Terms. For material changes, we will provide notice before they take effect. If Customer does not agree, Customer may terminate the Service before the effective date; continued use after the effective date constitutes acceptance.

16. Assignment; Subcontractors

Customer may not assign these Terms without our consent, except to an affiliate or in connection with a merger or sale of substantially all assets, provided the assignee is not a competitor and assumes all obligations. We may assign or subcontract in connection with corporate transactions or normal business, remaining responsible for subcontractors.

17. Notices; Entire Agreement; Miscellaneous

17.1 Notices

Notices may be given by email to the contacts stated in the Order Form or (for KAS) to karabi@kas-marketing.com. Legal notices should also be sent to our registered address.

17.2 Entire agreement; order of precedence

These Terms, the Order Form, the DPA, and the documents they reference form the entire agreement. Order of precedence: Order Form → DPA (for data matters) → these Terms → Documentation.

17.3 Severability; waiver

If a provision is invalid, the remainder remains effective. Failure to enforce is not a waiver.

17.4 No third-party beneficiaries; CISG

No third-party beneficiaries. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

18. Governing Law; Venue

These Terms are governed by the laws of Germany (conflict-of-laws rules excluded). The exclusive venue is the courts having jurisdiction over Dinslaken/Duisburg, Germany.

19. Contact

KAS Marketing UG (haftungsbeschränkt) – “Yuvara”

Kiefernweg 20B, 46539 Dinslaken, Germany

Email: karabi@kas-marketing.com · Phone: +49 163 3849375

Schedule A – Pricing & Plans (USD)

• Free trial

14 days. During the trial, no base fee and no per-lead fees are charged. Cancel before the trial ends to avoid conversion to paid.

• Base subscription (recurring)

Monthly: $197 per month, billed in advance each month.

Annual (prepaid): $1,975 per year, billed upfront (covers the base for 12 months).

• Per-lead charges

$35 per Qualified Lead as defined in clause 4.1.

Billed monthly in arrears and added to the next invoice. Deduplication and dispute process per clauses 4.2–4.3.

• Usage limits

None. No MAU or message caps (subject to Acceptable Use and reasonable technical protections).

• Upgrades/Downgrades

Changes take effect immediately or at the next billing cycle as stated at checkout or in the Order Form. Annual base fees are non-refundable except as required by law or expressly stated.

• Refunds

Unless required by law, fees are non-refundable. Service credits under the SLA are the sole remedy for covered downtime.

• Taxes

VAT and other applicable taxes are additional (see clause 3.6).