Terms of Service

Last updated: November 24, 2025 — Koloxo West Africa Limited / AI92

1. General Provisions

1.01 Parties and Agreement. These Terms of Service (“Terms”) constitute a legally binding agreement between Koloxo West Africa Limited and its affiliated companies and subsidiaries worldwide (“us”, “our”, “we”, “Company”, or “AI92”) and the user accepting these Terms (“Customer”). These Terms govern the manner in which the Customer and its Users may use and access the Company’s generative marketing building platform available via https://www.ai92.ai, which is provided on a Software-as-a-Service subscription-based model. Use of the Platform by the Customer constitutes acceptance of these Terms.

1.02 Incorporated Documents. The Website or Customer’s use of the Platform may be subject to additional guidelines, terms, or rules, which will be posted on the Website or may be viewed via the Platform, including our Privacy Policy available at https://koloxo.com/privacy-policy.html. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

1.03 Dispute Resolution Notice. NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER (SECTION 19) THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AS PROVIDED IN SECTION 19.

2. The Platform; Right to Access and Use

2.01 Right to Use. Subject to Customer’s compliance with the terms and conditions contained in these Terms, the Company hereby grants Customer and its Users, a limited, non-exclusive, non-transferable right to access and use the Platform solely for Customer’s internal business use.

2.02 Modification or Discontinuation. The Company may change or update the Platform and Website at any time, including the availability of any feature, content or database, and may impose limitations or restrictions on certain features and services or discontinue any or all parts of the Platform or Website with or without notice.

2.03 Use and Credit Limits. Customer’s use of the Platform may be subject to usage limits, including a maximum number of Users and maximum number of messages and integration credits, depending on Customer’s selected subscription plan. Exceeding the limitations may incur excess charges.

2.04 Trial Service. The Company may offer, from time to time, some or all of its services on free trial versions. The Company reserves the right to modify, cancel and/or limit each Trial Service at any time and without liability.

3. Users, Accounts and Customer Obligations

3.01 Users and Accounts. In order to use the Platform, Customer must register and create an account for each authorized user. Users must be at least sixteen (16) years old, or eighteen (18) years old if within the European Union. Customer is responsible for providing accurate, complete, and updated registration information for each User.

3.02 Cooperation. Customer shall provide the Company with all reasonable cooperation in relation to these Terms, and shall comply in a timely and efficient manner with all applicable laws and regulations.

3.03 Customer Infrastructure. Customer is solely responsible for obtaining, maintaining and operating all applications, accounts, third-party services, integrations, cloud environments, credentials, security controls, and internet connectivity necessary to access and use the Platform.

3.04 Responsibility for Users. Customer is responsible for all acts or omissions of Users, their use of the Platform and their compliance with these Terms.

4. Customer Data

5.01 Customer Data Definition. While using the Platform, Customer and/or its Users may upload or transfer data, information or other materials to the Platform to be processed on the Customer’s behalf (“Customer Data”).

5.02 Ownership of Customer Data. As between the Customer and the Company, all rights, title, and interest in and to the Customer Data shall remain solely with the Customer.

5.04 Responsibility for Customer Data. Customer represents and warrants that it owns or has all the necessary licenses, rights, consents, and approvals necessary to share the Customer Data with the Platform, without infringing any copyrights, privacy rights, or other intellectual property of any third party.

5. Company Intellectual Property

As between the Company and the Customer, all right, title and interest in the Platform, Website and Company documents, including any services, content, materials, software, know-how, data files, documentation, code, SDK, API, design, text, media, methodologies, artwork, names, logos, trademarks and services marks (excluding Customer Data), are the sole property of the Company and its licensors.

6. Restricted Use

Customer and its Users may not, and may not permit or aid others to:

• Copy, modify, alter, translate, or create derivative works based on the Platform;
• Sell, distribute, assign, pledge or transfer rights granted under these Terms to any third party;
• Reverse engineer, de-compile, decrypt, or disassemble the Platform, or any part thereof;
• Access or use the Platform in order to build or improve a competing product or service;
• Bypass any measures the Company uses to prevent or restrict access to the Platform;
• Use the Platform to send unsolicited or unauthorized communications;
• Interfere with the integrity or proper working of the Platform.

7. Subscription and Payments

12.01 Fees. In consideration of the Subscription, Customer shall pay the Company the applicable fees based on the selected plan (“Fees”). Unless expressly indicated otherwise, Fees are stated in US dollars. The Fees are non-cancellable and non-refundable, except as required by mandatory local laws regarding Customer’s cancellation rights.

12.02 Payment Terms. Unless otherwise set forth in the Order Form, the Fees shall be paid annually or monthly, in advance, upon receipt of an invoice by charging Customer’s approved payment means at the beginning of each Subscription Term.

8. Term and Termination

14.01 Subscription Term. The Platform is provided on a subscription basis for the period selected by the Customer.

14.02 Auto-Renewal. Customer’s Subscription shall automatically renew unless cancelled by either the Company or the Customer at least 30 days prior to its expiration for a renewal period equal in time to the original Subscription Term.

14.03 Termination by Company. The Company may terminate or suspend Customer’s use of and access to the Platform immediately, without prior notice or liability, if the Company believes, in its sole discretion, that Customer or any third party is using the Platform in a manner that may impose a security risk, cause harm to the Company or any third party, or create any liability.

14.04 Termination by Customer. Customer may terminate its Subscription to the Platform by turning off auto-renewal in the Account settings, or by submitting a termination request by contacting AI92 Support. Termination will take effect at the end of the then-current Subscription Term.

9. Warranty and Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, WEBSITE, COMPANY DOCUMENTS, AND ANY GENERATED OUTPUT ARE SUPPLIED ON AN “AS IS” AND “AS AVAILABLE” AND ‘WITH ALL FAULTS’ BASIS, WITHOUT WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, COMMON LAW OR OTHERWISE.

COMPANY DOES NOT WARRANT THAT THE USE OF THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE, OR FREE OF VULNERABILITIES, OR WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS OR EXPECTATIONS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES. EITHER PARTY’S AGGREGATE AND CUMULATIVE LIABILITY FOR ALL DIRECT CLAIMS IS LIMITED TO THE FEES PAID OR PAYABLE TO THE COMPANY BY THE CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO THE CLAIM.

11. Class Action Waiver and Arbitration

Any dispute, controversy, or claim relating in any way to the Company’s services and/or products, including the Website and Platform, will be resolved by arbitration. You and the Company agree that any claim will be settled by final and binding arbitration. Class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and the Company are each waiving the right to trial by jury or to participate in a class action or class arbitration.

You have the right to opt out of, and not be bound by, the arbitration provision by emailing koloxo@koloxo.com within thirty (30) days of the date you first agreed to these Terms.

12. Governing Law

These Terms and its performance shall be governed by the laws of the State of New York, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction.