If you or your organization signs an order form, statement of work, business associate
agreement, data processing agreement, product-specific terms, or other written agreement
with Kapps Systems LLC, that agreement controls where it conflicts with these general
terms.
1. Acceptance
By accessing or using a Kapps Systems LLC website, product, demo, API, AI feature,
software platform, or service, you agree to these Terms of Service. If you use the
services on behalf of an organization, you represent that you have authority to bind that
organization.
2. Services Covered
Kapps Systems LLC builds and provides technology services, software products, AI-enabled
systems, clinical and operational platforms, mobile and web applications, APIs, analytics,
automation, consulting, and related support. WhisperWise is one Kapps Systems product,
but these terms are written for the broader company and for other products and services
Kapps Systems may provide.
3. Accounts and Access
Some services may require an account, invitation, subscription, or client-approved access.
You are responsible for the accuracy of information you provide and for maintaining the
confidentiality of credentials assigned to you. You must notify us promptly if you suspect
unauthorized access.
We may suspend or restrict access if we reasonably believe there is misuse, security risk,
nonpayment, legal risk, or a violation of these terms or a product-specific agreement.
4. Acceptable Use
You may not use the services to:
- Break the law, violate another person's rights, or process information without proper authorization.
- Upload malware, probe systems, bypass security, scrape without permission, or interfere with service reliability.
- Reverse engineer, copy, resell, or exploit the services except as permitted by law or written agreement.
- Submit content that is unlawful, harmful, deceptive, infringing, abusive, or designed to cause technical or operational harm.
- Use AI features to generate or facilitate illegal, harmful, discriminatory, deceptive, or abusive activity.
5. AI and LLM Features
Some services may include AI, machine learning, speech, analytics, automation, or large
language model features. You are responsible for reviewing AI-generated output before
relying on it. AI output may be inaccurate, incomplete, biased, or unsuitable for a
particular use case.
Unless a product-specific agreement says otherwise, AI features are decision-support tools
and are not a substitute for professional judgment. Do not rely on AI output as the sole
basis for medical, clinical, legal, financial, safety, emergency, or other high-impact
decisions.
You must not submit information to AI features unless you have the rights, permissions,
consents, and legal authority needed to do so. Product-specific terms may include stricter
rules for protected health information, child data, student data, confidential client data,
or regulated information.
6. Healthcare, Therapy, and Regulated Use
Kapps Systems products may support healthcare, therapy, education, accessibility, or
family services. Unless a product-specific agreement expressly says otherwise, our
services do not provide medical diagnosis, treatment, emergency services, or independent
clinical advice.
Clinicians, caregivers, educators, organizations, and other users remain responsible for
their professional judgment, legal obligations, consents, documentation, and decisions
made while using Kapps Systems services.
7. Customer Content
You retain ownership of content, data, prompts, files, feedback, and materials you submit
to the services, subject to any client agreement or product-specific terms. You grant
Kapps Systems LLC the limited rights needed to host, process, transmit, display, secure,
troubleshoot, and provide the services.
You represent that you have the rights and permissions needed to submit customer content
and to allow Kapps Systems to process it for the applicable service.
8. Kapps Systems Intellectual Property
Kapps Systems LLC and its licensors retain all rights in our websites, software, products,
designs, workflows, models, documentation, branding, code, systems, and other intellectual
property. These terms do not transfer ownership of Kapps Systems intellectual property to
you.
Feedback may be used by Kapps Systems without restriction or obligation, unless a separate
written agreement says otherwise.
9. Professional Services and Client Work
Consulting, engineering, implementation, research, design, development, support, and other
professional services may be governed by a statement of work, proposal, order form, or
other written agreement. Deliverables, timelines, fees, acceptance criteria, and ownership
terms are defined in those written agreements.
10. Fees and Payment
Fees, payment schedules, taxes, renewals, cancellations, and refunds are governed by the
applicable order form, subscription terms, invoice, or written agreement. If no separate
payment terms apply, payments are due when invoiced and are nonrefundable except where
required by law or agreed in writing.
11. Third-Party Services
Our services may integrate with third-party platforms, hosting providers, AI model
providers, payment processors, analytics tools, email services, app stores, or client
systems. Third-party services are governed by their own terms and policies. Kapps Systems
is not responsible for third-party services outside our control.
12. Privacy
Our Privacy Policy explains how we handle information across our
websites, products, services, and AI-enabled features. Product-specific notices or
agreements may apply to certain services.
13. Disclaimers
The services are provided "as is" and "as available" unless a separate written agreement
provides specific warranties. To the fullest extent permitted by law, Kapps Systems LLC
disclaims implied warranties of merchantability, fitness for a particular purpose,
non-infringement, availability, accuracy, and uninterrupted operation.
14. Limitation of Liability
To the fullest extent permitted by law, Kapps Systems LLC will not be liable for indirect,
incidental, special, consequential, exemplary, or punitive damages, or for lost profits,
lost revenue, lost data, loss of goodwill, or business interruption. Our total liability
for claims relating to the services will not exceed the amounts paid to Kapps Systems for
the specific service giving rise to the claim during the three months before the event
giving rise to liability, or one hundred dollars if no paid service applies.
15. Indemnity
You agree to defend, indemnify, and hold harmless Kapps Systems LLC from claims, damages,
liabilities, costs, and expenses arising from your content, your misuse of the services,
your violation of these terms, or your violation of law or third-party rights, except to
the extent caused by Kapps Systems' own unlawful conduct.
16. Changes
We may update these terms as our services, products, or legal obligations change. The
"Last updated" date shows when these terms were last revised. Continued use of the
services after changes become effective means you accept the updated terms.
17. Contact
Questions about these terms can be sent to info@kappssystems.com.