Terms and conditions

Last updated: March 12, 2026

1. Introduction and Acceptance of the Terms

1.1. Company Overview

Keybe Inc. (hereinafter referred to as Keybe) is a technology corporation incorporated in the state of Delaware, United States, founded with the vision of leading a new era in which human and artificial intelligence come together to unlock people’s true potential. Its purpose is to build a better future through ideas and code by developing innovative solutions that combine empathy, optimism, and technology to transform the way businesses interact with their customers.

Keybe’s services are provided by different entities depending on the region:

Keybe Inc., incorporated in Delaware, United States, for international clients.
KB Cloud Services MX S.A. de C.V., for clients in Mexico.
Keybe S.A.S., for clients in Colombia.

Each entity operates independently and is responsible for delivering services within its respective jurisdiction.

1.2. Services Provided

Keybe Inc. provides cloud based software services (SaaS) through its platforms, applications, APIs, and official channels (the “Platform”), including, without limitation, solutions and modules offered under the BIKY.ai brand, as well as any future updates, enhancements, additional features, or related services that Keybe may incorporate.

Available features may vary depending on the subscribed plan, the User’s configuration, the billing country, and or enabled third party integrations. Access to certain modules or features may be subject to specific conditions, usage limits, or additional fees that will be properly disclosed.

Functional descriptions available on the Platform, in technical documentation, or in informational materials are descriptive in nature. Keybe Inc. may reasonably update, add, modify, or remove features to improve the service, maintain security standards, comply with applicable regulations, or adapt to technological or provider changes, without implying any guarantee of specific commercial results for the User.

1.3. Nature of the Agreement

These Terms and Conditions (hereinafter, the “Terms”) constitute a legally binding agreement between Keybe Inc. (referred to as “Keybe”, “we”, “us”, or “our”) and the user (hereinafter, the “User”, “you”, or “your”).

BY ACCESSING, USING, OR PURCHASING ANY OF THE SERVICES DESCRIBED IN THIS DOCUMENT, THE USER EXPRESSLY AGREES TO AND ACCEPTS THESE TERMS IN FULL AND WITHOUT RESERVATION.

Any purchase of services offered by Keybe. will be subject to prior acceptance of these Terms, which will be deemed given at the time such purchase is made.

1.4. Right to Modify

Keybe may modify these Terms to reflect regulatory changes, security updates, service improvements, or operational adjustments.

a) Non material changes: formatting corrections, clarifications, drafting improvements, or updates that do not materially affect rights or obligations may take effect upon publication on the site.

b) Material changes: changes to pricing, payment terms, processing of personal data, scope of licenses, or limitations of liability (“Material Changes”) will be notified at least thirty (30) calendar days in advance via email and or a prominent notice on the Platform and will apply from the indicated date, at a minimum in the next billing cycle.

c) If the law or the Privacy Policy require the User’s express consent for a change related to personal data, Keybe will request such consent through an opt in mechanism before applying the change.

If the User does not agree with a Material Change, they may terminate the service before the effective date. Continued use of the service after the effective date will be deemed acceptance, except where the law requires express consent.

1.5. Scope of Application

These Terms apply exclusively to the use of the Keybe platform and its services, including the artificial intelligence sales platform, BIKY.ai. They constitute the entire agreement between the parties regarding the use of such services, without replacing prior written agreements that govern related matters.

In the event of any conflict between these Terms and an individual agreement, the provisions of the agreement will prevail solely with respect to the services expressly governed therein. For all other matters, these Terms will remain applicable.

1.6. Subsidiaries and Specific Agreements

These Terms and Conditions apply to all clients who purchase Keybe services, regardless of their country of residence.

By default, all services are provided by Keybe Inc., a company incorporated in Delaware, United States, which acts as the main entity of the group. However, in certain specific cases, the provision of services may be formalized through an agreement signed with a local subsidiary, such as KB Cloud Services MX S.A. de C.V. in Mexico or Keybe S.A.S. in Colombia.

The choice of the contracting entity affects the Client’s billing and tax obligations:

Keybe Inc. invoices in U.S. dollars (USD), and its prices do not include local taxes outside the United States.
KB Cloud Services MX S.A. de C.V. invoices in Mexican pesos (MXN) and includes applicable taxes in Mexico.
Keybe S.A.S. invoices in Colombian pesos (COP) and includes local taxes in accordance with Colombian regulations.

Each Keybe entity operates independently and is solely responsible for the services it provides. Contracting with one entity does not create any rights or obligations with respect to the others.

In particular, contracting with Keybe Inc. does not imply any liability for KB Cloud Services MX S.A. de C.V. or Keybe S.A.S., and vice versa.

Each entity is solely responsible for the contractual obligations it has expressly assumed.

The execution of an agreement with a subsidiary does not create any additional obligations for Keybe Inc., unless expressly stated in a written agreement.

In the event of any conflict between these Terms and Conditions and an agreement executed with a local subsidiary, the provisions of the agreement will prevail solely with respect to the provision of services by such subsidiary.

For all other matters not expressly governed in such agreement, these Terms and Conditions will remain applicable.

1.7. Privacy Policy

The Privacy Policy of Keybe details how the User’s personal information is collected, used, and protected. Keybe’s Privacy Policy complements these Terms and is considered an integral part of them with respect to the processing of the User’s personal data. By accepting these Terms, the User acknowledges having read and accepted such Policy and expressly authorizes the processing of their personal data in accordance with the purposes described therein.

The User’s personal information may be processed by Keybe Inc. or its subsidiaries for the performance of the contracted services. This processing is carried out in accordance with applicable data transfer agreements and within the limits permitted by the data protection laws of each relevant jurisdiction.

For more information on how data is handled in each country, please refer to the specific annexes of the Privacy Policy applicable to your jurisdiction:

United States: California Consumer Privacy Act (CCPA) and applicable federal laws.
Colombia: Law 1581 of 2012 – Habeas Data.
Mexico: Federal Law on Protection of Personal Data Held by Private Parties (LFPDPPP).
European Union: General Data Protection Regulation

2. Eligibility and Requirements

2.1. Age Requirements

The use of Keybe Inc. services is restricted to individuals who are at least 18 years old or who have reached the age of majority under the laws applicable in their country of residence. This ensures that the User has full legal capacity to accept and comply with these Terms and Conditions. In the case of minors, access will be subject to supervision and the express responsibility of a legal representative who assumes the obligations arising from the use of the services on their behalf. It is the responsibility of the legal representative to ensure that the minor uses the services properly and in compliance with applicable regulations.

Keybe may require the User to provide documentation that verifies their age of majority or legal capacity when necessary to comply with local or international laws.

2.2. Authorization for Entities

When the User accesses or uses the services on behalf of an entity, such as a company or organization, they must represent and warrant that they have the necessary authorization and legal authority to represent and bind such entity to comply with these Terms and Conditions. This includes, but is not limited to, the authority to enter into agreements, carry out transactions, and assume legal obligations on behalf of the represented entity. Any action taken without proper authorization will be considered a breach of these Terms and may result in the suspension or termination of access to the services.

Keybe reserves the right to request, at any time, documentation that verifies the User’s authority to represent the entity they claim to represent. Failure to provide such documentation or the submission of false documentation may result in the immediate suspension of the services.

Keybe may request confirmation that the represented entity is not subject to trade restrictions, international sanctions, or export control laws that would prevent the use of the services. In the event of non compliance, Keybe may suspend or limit access to the services.

2.3. Eligibility Restrictions

Access to Keybe Inc. services is expressly prohibited for any User who:

Is included on international sanctions lists, such as those established by the Office of Foreign Assets Control or other relevant authorities.
Has previously violated Keybe Inc. Terms and Conditions, including cases of fraud, misuse, or any other serious violation.
Acts in violation of applicable local, national, or international laws, such as regulations related to privacy, international trade, or intellectual property.

The User agrees to cooperate in good faith with any reasonable verification or audit that Keybe may decide to carry out to ensure compliance with these Terms. Refusal to provide the information requested in this context may be considered a material breach of the agreement and may justify the immediate suspension of the services, without any right to a refund or compensation.

3. Account Creation and Access

3.1. Registration

To access Keybe Inc. services, the User must create an account by providing true, accurate, current, and complete personal information. This includes, but is not limited to, full name, email address, creation of a password, and a phone number. All information provided during the registration process must remain updated and accurate throughout the term of the contractual relationship. Keybe reserves the right to verify the authenticity of the information provided and may request additional information to validate the User’s identity or ensure the security of the services.

The accuracy and ongoing updating of the information are essential for the continued use of the services. In the event that incorrect or incomplete information is identified, Keybe Inc. may restrict, suspend, or terminate the User’s account until the situation is remedied. In addition, fraudulent use or the submission of false information will be considered a material violation of these Terms and Conditions, which may result in the permanent disabling of the account.

The User agrees not to create multiple accounts to circumvent technical, commercial, or usage restrictions imposed by Keybe Inc., unless prior written authorization is granted.

3.2. Credential Management

The User is solely responsible for maintaining the confidentiality and security of their access credentials, including their password and any other authentication mechanism associated with their account. All activity carried out through the account will be presumed to have been authorized by the User, unless the User has previously notified Keybe Inc. of unauthorized access.

The User agrees to take all reasonable measures to protect their credentials from third parties and to promptly notify Keybe Inc. in the event of loss, theft, or suspected misuse or unauthorized access to their account. Failure to provide timely notice will limit Keybe’s liability for any consequences arising from such access.

It is strictly prohibited to share credentials with third parties, use accounts belonging to others, or allow third parties to access the User’s account. Any breach of this provision will be considered a material violation of these Terms and may result in the immediate suspension or termination of the account, without prejudice to any legal or contractual actions that Keybe Inc. may deem necessary, including claims for damages.

3.3. Suspension, Account Closure, and Retention

Keybe may suspend access to the account upon the occurrence of any of the following events:
(i) non payment or delinquency; (ii) insufficient balance in prepaid schemes; (iii) breach of these Terms or the Acceptable Use Policy; (iv) fraud, misuse, or security risks; (v) legal requirement; or (vi) at Keybe’s discretion, with at least 72 hours prior notice when reasonably possible.

Notice and reason (particularly applicable to item (vi)):
When the suspension is carried out at Keybe Inc.’s discretion and the User has not incurred a material breach, Keybe will notify the User when reasonably possible and will include, at a minimum, a general description of the reason for the suspension, its scope, and the actions (if any) required to restore the service. Keybe may omit specific details when their disclosure could compromise security, internal investigations, legal compliance, or the rights of third parties.

a) Suspension:
During the suspension, the User will not have access to the service, or the service may operate in a limited manner.

b) Cure periods:

Prepaid: the terms and conditions set forth in clause 8.5 apply.
Credit payment (invoice): the terms set forth in clause 8.2.3.2 apply.

c) Account closure or termination due to failure to cure:
If the User does not remedy the breach within the applicable timeframes, Keybe Inc. may terminate the account. Before deleting data, Keybe will maintain a reasonable retention window to allow for export in accordance with clause 11.7, unless prohibited by law or due to a security risk.

d) Recovery and reactivation:
The reactivation of suspended services may require reactivation fees when it involves reconnections or technical reprovisioning. The applicable fees and conditions are described exclusively in clause 8.5. However, reactivation or recovery fees will not apply when the suspension has occurred exclusively due to causes attributable to Keybe Inc., in accordance with item (g) below.

e) Third party limitation:
The User acknowledges that messages or interactions that occur during a suspension through external providers or third party integrations may not be recoverable, as they depend on such third parties.

f) Definition: “Causes attributable to Keybe”
For the purposes of this clause, a suspension or unavailability will be considered “attributable to Keybe” only when it is the direct and exclusive result of an operational error or technical failure within Keybe Inc.’s reasonable control and does not arise from: (i) acts or omissions of the User or its Authorized Users; (ii) payment or balance defaults; (iii) unauthorized integrations or configurations; (iv) scheduled maintenance; (v) failures, restrictions, or changes by external providers (including telecommunications, messaging, social networks, public clouds, payment processors, or third party APIs); (vi) force majeure; or (vii) legal or regulatory requirements.

For greater clarity, causes attributable to Keybe Inc. will not include those arising, in whole or in part, from failures, interruptions, degradations, or restrictions of cloud infrastructure providers, telecommunications providers, social networks, messaging APIs, payment processors, third party services integrated by the User or by Keybe, or from changes or decisions made by such third parties.

g) Credit for suspension or inability to use attributable to Keybe: If the service remains suspended or materially unusable due to causes attributable to Keybe Inc., Keybe will grant the User a proportional credit equivalent to the full calendar days during which the service remained suspended or unusable. (i) The credit will be applied to the next invoice or as a balance in favor, depending on the User’s billing structure. (ii) The credit applies only to recurring plan charges, not to taxes, telecommunications surcharges, usage already incurred, or third party costs. (iii) To request the credit, the User must report the incident in writing within thirty (30) calendar days following its occurrence and must be current on all undisputed payment obligations. (iv) If the applicable SLA provides credits for the same event, the more favorable credit for the User will apply, avoiding duplication.

h) Unilateral termination due to suspension attributable to Keybe: If the suspension or unavailability of the service due to causes attributable to Keybe Inc. extends for more than eight (8) consecutive calendar days, the User may unilaterally terminate the agreement by written notice, without this being considered a breach and without any penalty, fine, or early termination fee in favor of Keybe. In such case: (i) Keybe will apply the credits set forth in item (g) until the effective termination date; (ii) the User will pay only the amounts due for services effectively provided prior to the start of the event; and (iii) Keybe will provide a reasonable window for data export in accordance with clause 11.7, unless prohibited by law or due to a security risk.

i) Backups after deletion: Once the account has been deleted from active systems, Keybe Inc. may retain encrypted backup copies (“backups”) in storage infrastructure operated by cloud providers authorized by Keybe for a maximum period of thirty (30) calendar days, solely for disaster recovery purposes and or restoration at the User’s request.
During this period, the User may request in writing: (i) a temporary restoration for the sole purpose of exporting information in accordance with clause 11.7; or (ii) an assisted export. The User will not have direct access to the backup. After the retention period ends, the backups will be overwritten or deleted in accordance with Keybe’s retention cycles and will no longer be recoverable.

4. Use of the Services

4.1. General User Obligations

The User agrees to use Keybe Inc. services in an ethical and responsible manner, with proper conduct, and in strict compliance with these Terms and Conditions, applicable laws and regulations, as well as Keybe’s policies and Privacy Policy.

This includes, among others, the following specific obligations:

Prohibition of unlawful activities: Not to use the services for illegal, fraudulent, or unauthorized purposes, such as activities that infringe third party rights or applicable laws.
Respect for intellectual property rights: To refrain from engaging in acts that violate the intellectual property rights of Keybe Inc. or third parties, including the unauthorized reproduction, distribution, or exploitation of content or tools provided by Keybe.
To comply with all applicable local, national, and international laws related to the use of Keybe services.
No sharing or resale of services: Sharing, sublicensing, or reselling Keybe Inc. services without the company’s express prior written authorization is prohibited.

In addition, the User agrees to promptly notify Keybe Inc. of any unauthorized, suspicious, or irregular use of their account. The User also represents and warrants the truthfulness, accuracy, and continuous updating of all information provided during registration and throughout the use of the services.

This commitment includes the obligation to comply at all times with the Acceptable Use Policy, as well as to cooperate in a reasonable and diligent manner in any internal investigation or formal request issued by competent authorities in connection with the use of the services.

The User may authorize access to employees and contractors (“Authorized Users”) within the scope of the subscribed plan. The User will be responsible for ensuring that its Authorized Users comply with these Terms. Resale, sublicensing, or granting access to unauthorized third parties is prohibited.

4.2. Keybe Obligations

Keybe Inc. agrees to:

Service quality and standards: To provide the services in accordance with industry standards and applicable technical documentation, including usage guidelines and security policies.
Data protection: To implement commercially reasonable security measures to protect the User’s information against unauthorized access, loss, or alteration.
Notification of changes: To inform the User of important updates, technical changes, or modifications to the services with adequate prior notice, to the extent possible.

In addition, Keybe Inc. will adopt proactive measures to detect and eliminate threats such as viruses, malware, or any malicious programs that may affect the quality of the services.

Notwithstanding the foregoing, the User acknowledges that no system is completely infallible and that, despite the measures implemented, security incidents may occur. In such cases, Keybe will not be liable for losses arising from external attacks beyond its reasonable control, except in cases of willful misconduct or gross negligence.

Keybe, in its capacity as Data Processor, will implement and maintain reasonable technical, human, and administrative measures, appropriate and proportional to the risk, aimed at protecting the personal data processed on behalf of the Client against unauthorized access, loss, alteration, disclosure, or misuse, in accordance with the nature of the data processed and the purposes of the service.

In the event of a security incident that affects or may affect personal data processed on behalf of the Client, Keybe will notify the Client without undue delay and, in any case, within a maximum period of forty eight (48) hours from the time it becomes reasonably aware of the incident.

The notification will include, at a minimum: (i) the nature of the incident; (ii) the categories of data potentially affected; (iii) the known or suspected causes; (iv) the measures taken to contain it; and (v) the corrective actions implemented or planned.

Keybe will cooperate in a reasonable and timely manner with the Client in the investigation, mitigation, and management of the incident, including compliance with requirements from competent authorities and the handling of data subject rights, to the extent that the incident is attributable to obligations under its reasonable control.

4.3. Special Offers (Alpha/Beta)

Services labeled as “Alpha” or “Beta” are experimental products that may not have the same level of technical stability as core services. Users who choose to participate in these offerings must be aware of the associated risks, such as potential technical errors or functional limitations. By choosing to use these versions, the User agrees that:

Disclaimer of liability: Keybe will not be liable for failures, errors, or interruptions in these experimental services. These services are provided “as is,” without any express or implied warranty of continuous operation, compatibility, or fitness for a particular purpose.
Discontinuation: Keybe reserves the right, in accordance with these Terms and applicable regulations, to suspend or discontinue Alpha or Beta offerings without prior notice.

The User agrees to use these versions with caution and understands that they are subject to continuous improvement.

4.4. Links to Third Party Sites

Third party content may appear on the Keybe website and or services, or the User may access such content through links provided on our platforms. Keybe will not be responsible for errors, misstatements, defamatory statements, omissions, falsehoods, obscenity, pornography, or any other inappropriate content present in third party content accessible through our Services or from external websites linked through such links.

The information and opinions contained in such content represent solely the ideas and views of their authors and do not necessarily reflect the beliefs or opinions of Keybe. The User who chooses to access these external websites does so at their own risk. The inclusion of links to third party websites does not imply endorsement or approval by Keybe.

Keybe does not control and is not responsible for the privacy policies or data processing practices of third party websites that the User may visit through links from our platforms.

4.5. Suspension of Services

Keybe may temporarily or permanently suspend access to the services in specific cases, such as:

When the User violates these Terms and Conditions, the Acceptable Use Policy, or any related binding agreement.
If unauthorized use, system abuse, fraudulent activities, actions that compromise the security of other users, or attempts to manipulate the services are detected.
Prolonged inactivity or non payment in accordance with clause 3.3. For the purposes of this clause, “prolonged inactivity” means the complete absence of access to or use of the account for a continuous period of ninety (90) calendar days, provided that there is no active plan or available balance.
In the event of significant technical failures, unplanned maintenance, security incidents, regulatory compliance requirements, legal orders, or regulatory changes that affect the provision of the services.

Keybe will notify the User, when reasonably possible, explaining the reason for the suspension, the actions required for reactivation, and the estimated timeframes.

In cases of remediable breach, the User will have a period of seven (7) business days from notification to correct the situation, unless the severity requires immediate action. Suspension may be immediate and without prior notice if the situation represents a serious risk to security, data integrity, or legal compliance. In such cases, the User will be notified as soon as possible.

Keybe will take reasonable measures to resolve technical or security issues and restore the services as soon as possible, provided that the breach or misuse has been remedied.

In the event of adverse changes to APIs or critical services, Keybe will provide at least seven (7) days prior notice and will inform the User of available alternatives to mitigate the impact.

Keybe will not be liable for:

Economic losses, operational interruptions, or indirect damages arising from the suspension, except in cases of gross negligence or willful misconduct.
Damages associated with the User’s failure to act in response to suspension notices.

If the User does not remedy the breach within the granted period, Keybe may proceed with the definitive termination of the account and the contractual relationship.

The suspension or limitation of access to the Services will not, as a general rule, give rise to any compensation, refund, or indemnification, except for the credits or remedies expressly provided in this agreement (including the SLA and clause 3.3), when applicable.

The foregoing is without prejudice to the credits or remedies expressly provided in the SLA and or in clause 3.3 (items g) and h)), when applicable.

5. Artificial Intelligence

5.1. Ownership of Models and Results

a) Keybe ownership: Keybe retains exclusive ownership of the platform, models, algorithms, architecture, base configurations, improvements, and developments (including future updates).

b) User ownership: The User retains ownership of their Content (data, text, instructions, files) and will own the outputs generated for their account (“Results”), to the extent permitted by law.

c) No transfer of the model: Ownership of Results does not grant the User any rights to Keybe’s models, code, architecture, or trade secrets.

d) Similar results: The User acknowledges that, due to the nature of AI, identical or similar Results may be generated for other users.

5.2. Risks and Warranties

The User accepts and acknowledges that the use of artificial intelligence tools involves inherent risks due to the complex and constantly evolving nature of these technologies. The generated results may contain errors, inaccuracies, or unexpected interpretations that do not necessarily reflect a complete human level of understanding. In this regard:

Technical limitations: AI may generate results that are not accurate or applicable in all contexts. For example, automated responses may not be suitable for critical or high impact decisions.
User autonomy: Keybe is not responsible for decisions made by the User based on results generated by AI. The User must validate, supervise, and contextualize any information provided before applying it in their environment.
Disclaimer of warranties: Although Keybe strives to ensure a high level of quality and accuracy in its AI models, it does not guarantee perfect results or the complete absence of technical errors. Final responsibility for the use of the results rests solely with the User.

Keybe strongly recommends that Users maintain rigorous oversight criteria when integrating artificial intelligence tools into their operational, commercial, administrative, or any other processes. It is the User’s sole responsibility to properly validate, interpret, and monitor the results generated by these tools, ensuring that their use aligns with the intended purposes, applicable regulations, and the ethical and technical principles governing their industry.

Results produced by artificial intelligence should be considered automatically generated recommendations based on data and patterns, not definitive instructions or professional advice. The User acknowledges and agrees that they must exercise human judgment before making any decision based, in whole or in part, on such results.

Notwithstanding the foregoing, where a proven breach of reasonable safeguards, controls, or oversight mechanisms expressly provided for in the agreement and under Keybe’s reasonable control is demonstrated, liability will be governed by the general framework of the agreement and by the limitations set forth in clause 9.3.

Keybe does not guarantee that the Results are accurate, complete, or suitable for a particular purpose. Results should be considered automatically generated recommendations; the User is responsible for validating them and exercising human judgment before making decisions.

Keybe’s liability associated with the use of Results will be governed by the limitations of liability set forth in clause 9.3 and applicable law.

5.3. Ethical Compliance

The use of Keybe’s artificial intelligence is strictly conditioned on compliance with ethical and legal standards. The User agrees to:

Permitted activities: To use AI exclusively for lawful, legitimate, and ethical purposes that do not infringe third party rights or contribute to fraudulent, discriminatory, or harmful activities.
Specific prohibitions: The use of AI to generate harmful, misleading, violent, pornographic content, or content that promotes any form of hatred or discrimination is expressly prohibited. Any breach of these provisions will be considered a material violation of the Terms and Conditions.
Personal responsibility: The User will be responsible for ensuring that all interactions and results generated by AI comply with applicable local and international regulations, including those related to privacy, security, and human rights.

Keybe reserves the right to monitor or audit the use of its artificial intelligence tools, either automatically or manually, in order to verify compliance with these ethical and legal standards. In the event of non compliance, Keybe may, at its sole discretion, immediately suspend the services, remove the User’s access to AI tools, and, if necessary, initiate legal actions to protect its interests and those of affected third parties. This ethical commitment not only protects Keybe and its Users, but also promotes the responsible and beneficial use of technology in society.

5.4. Use of Data for Improvement and Third Party AI Models

Keybe may process User Content and Results to operate and improve the service in accordance with the Privacy Policy.

When such processing involves sharing data with third party AI models or allowing those models to use data for training or improvement, Keybe may request the User’s explicit consent (opt in) through platform controls and will offer options to reject or limit such sharing, in accordance with the Privacy Policy.

6. Intellectual Property

6.1. Keybe Intellectual Property Rights

Keybe retains all rights, title, and interest related to its services, including, but not limited to, software, algorithms, databases, interfaces, designs, content, trademarks, trade names, logos, and any other elements protected by intellectual property rights. The exclusive ownership of these elements ensures that Keybe can maintain control over their development, improvement, and distribution.

The use of User Content that includes personal data will also be governed by the provisions set forth in clause 7.2 and by Keybe’s Privacy Policy.

The use of Keybe services does not transfer any intellectual property rights to the User, except for a limited, non exclusive, and non transferable license to access and use them in accordance with these Terms and Conditions. No provision of these Terms shall be interpreted as granting the User any implied rights to technologies, know how, or future developments not expressly licensed. The following is strictly prohibited, unless expressly authorized in writing by Keybe:

To reproduce, modify, distribute, commercialize, publish, or create derivative works based on the services without Keybe’s prior written consent.
To use Keybe’s trade names, trademarks, service marks, or logos in connection with third party products or services, or in any manner that may cause confusion.
To perform, or allow third parties to perform, reverse engineering, decompilation, or any attempt to derive the source code of the services, except where legally permitted.

In addition, Keybe ensures that User data used to customize or train artificial intelligence models will not be commercially exploited without the User’s express consent.

The ownership and use of AI generated Results are governed by clause 6.3 and section 5.

6.2. Rights over User Content

The User retains ownership and title to all content, data, files, information, or materials that they upload, transmit, or generate through the Services (hereinafter, “User Content”).

By using the Services, the User grants Keybe a non exclusive, worldwide, royalty free license, limited to the duration of the contractual relationship, to host, process, transmit, and use User Content solely to the extent necessary for the provision, maintenance, support, security, and improvement of the contracted Services.

The use of User Content that includes personal data will also be governed by the provisions set forth in clause 7.2 of these Terms and by Keybe’s Privacy Policy.

Keybe may use information derived from the use of the Platform to improve, optimize, or make general adjustments to its models, algorithms, and systems, including training or fine tuning processes, provided that such information is used in an aggregated, anonymized, or de identified manner that does not allow the direct identification of the User or of data subjects.

Under no circumstances will Keybe use identifiable personal data, sensitive data, the User’s confidential information, or information that allows the direct identification of the User or data subjects for such purposes without the User’s express authorization.

Keybe undertakes not to perform intentional reidentification processes of anonymized or de identified information and to implement reasonable technical, administrative, and security measures to ensure the proper anonymization or de identification of the information used in improvement, training, or model tuning processes.

Improvements, developments, optimizations, and adjustments derived from such processes will form part of Keybe’s intellectual property.

6.3. Use of AI Generated Results

Results generated by the BIKY.ai Platform are considered the property of the User, subject to applicable legal provisions. Keybe may retain records of these Results for limited purposes, such as internal analysis, continuous service improvement, and regulatory compliance, always in accordance with applicable privacy laws.

The User is responsible for the use of these Results, and Keybe will not be liable if they are used in a manner that infringes third party rights or violates applicable laws.

Keybe may retain records of AI generated Results in anonymized form, provided that they do not contain personal data or elements protected by the User’s rights, and solely for internal analysis and model improvement purposes.

Keybe will not share Results or User Content with third party AI models for training or improvement without the User’s explicit consent, when applicable, in accordance with the Privacy Policy.

The User may export their Content and Results in accordance with clause 11.7.

6.4. Use of User Trademarks

The User grants Keybe the right to use its name, logo, and a description of its use case for references on our website, press releases, announcements, or marketing or promotional materials. This use will be subject to the standard brand usage guidelines expressly provided by the User to Keybe.

This use will not require prior approval from the User. If the User prefers that Keybe not use its trademarks for these purposes, the User must notify Keybe in writing through official communication channels.

6.5. Intellectual Property Infringement

If the User believes that their intellectual property rights have been infringed by Keybe’s services, they may submit a claim through the official contact channels. Keybe will review such claims and, where appropriate, take the necessary actions, including suspending or removing any content that infringes those rights.

If Keybe detects any misuse of its AI models, trademarks, or any other intellectual property, it may immediately suspend the related services and pursue legal action against the User.

Keybe reserves the right to seek damages, including legal costs, for any misuse of its intellectual property or breach of contract.

6.6. Protection and Use of Data Related to Intellectual Property

Keybe retains all rights to data generated in an anonymous or aggregated form during the use of its services, provided that such data does not directly or indirectly identify the User or any third party. This data may be used by Keybe for legitimate purposes, including improving, analyzing, and advancing its technologies, without compromising the User’s confidentiality or rights.

The User retains exclusive ownership of any customized data provided to Keybe to train, configure, or adapt its artificial intelligence models, including specific configurations tailored to their particular needs. This data will be handled in accordance with the Privacy Policy and applicable data protection regulations.

However, customizing the models does not grant the User any ownership rights over the base model, its architecture, or any developments derived from its operation. Keybe retains exclusive ownership of its artificial intelligence models at all times, even when they have been adjusted using User data.

The User agrees not to use, reproduce, sublicense, or exploit Keybe’s artificial intelligence models, in whole or in part, outside the scope of the contracted services without prior written authorization. Any unauthorized use will be considered a serious violation and may be subject to penalties under applicable law and these Terms.

7. Confidentiality and Personal Data Protection

7.1. Personal Data Protection

Keybe is committed to protecting the User’s personal data in accordance with applicable laws and its Privacy Policy. This policy, available here, outlines the principles, processes, and measures implemented to ensure the security, confidentiality, and proper handling of personal information. The User may request the deletion of their personal data at any time, subject to applicable legal and contractual obligations.

7.2. Use of User Data

The data collected by Keybe will be used to provide, maintain, support, secure, and improve the contracted services, as well as to comply with applicable legal and regulatory obligations.

With respect to personal data processed by Keybe on behalf of the User or Client as part of the contracted services, Keybe will act as a Data Processor, following the instructions of the User or Client, who acts as the Data Controller. This is without prejudice to any processing activities for which Keybe acts as a Data Controller in accordance with its Privacy Policy and applicable regulations.

Where necessary for service delivery, data may be processed by subprocessors or technology providers, including infrastructure, messaging, analytics, or integration providers, all of whom are subject to contractual obligations regarding confidentiality, information security, and personal data protection equivalent to those assumed by Keybe.

Keybe implements reasonable technical, administrative, and organizational security measures to protect personal data against unauthorized access, alteration, loss, or unauthorized processing.

Where required by applicable law, the parties will execute the appropriate data transfer or data sharing agreement based on the relevant jurisdiction.

When the exchange of information involves the use of third party artificial intelligence models or the processing of data for the training or improvement of such models, Keybe will act in accordance with its Privacy Policy and will obtain the User’s prior, express, and informed consent when required.

When the provision of the services involves international transfers or transmissions of personal data, such transfers will be carried out in compliance with applicable regulations and through the appropriate contractual mechanisms for data processing, transfer, or transmission based on the relevant jurisdiction, in accordance with these Terms and Conditions and Keybe’s Privacy Policy.

7.3. User Feedback

Any suggestions, comments, or feedback provided by the User may be used by Keybe to improve its products and services. This will not create any obligation to provide financial compensation to the User, and Keybe retains the right to implement such ideas at its sole discretion.

Unless expressly stated otherwise, any comments, suggestions, or feedback will not be considered Confidential Information.

7.4. Confidentiality of Information

7.4.1. Definition of Confidential Information

“Confidential Information” means any data or information provided by one party to the other (the “Disclosing Party” to the “Receiving Party”) that is marked as confidential or that, by its nature, should reasonably be considered confidential. This includes, but is not limited to, customer data, strategies, technical or business processes, pricing, customer lists, and other information related to the parties’ activities.

Information will not be considered confidential if:

It is publicly available without violation of these Terms.
It was already known to the Receiving Party without restriction.
It is lawfully disclosed by a third party without restriction.
It is independently developed by the Receiving Party.

7.4.2. Use and Disclosure of Confidential Information

Keybe will protect the User’s Confidential Information using at least the same level of care it applies to its own confidential information, and in no case less than reasonable care. Confidential Information will be used solely for the purposes set forth in these Terms and Conditions.

Keybe may share Confidential Information only with employees, contractors, or legal advisors who have a need to know, provided they are subject to equivalent confidentiality obligations.

Confidentiality obligations will remain in effect throughout the term of the contractual relationship and for an additional period of five years after its termination, unless a longer period is required by applicable law. The use of Confidential Information for competitive purposes or for any purpose other than those expressly authorized is strictly prohibited.

7.4.3. Required Disclosure

If the disclosure of Confidential Information is required by law, regulation, subpoena, or court order, Keybe will notify the User, to the extent permitted by law, prior to making such disclosure. Keybe will also take reasonable steps to minimize the exposure of such information.

7.4.4. Injunctive Relief

In the event of an actual or potential breach of the confidentiality provisions, the affected party may seek immediate injunctive relief to protect its rights, without limiting any other available legal remedies.

7.4.5. Accountability and Transparency

Keybe ensures transparency in how it handles the User’s information. Any request for access, correction, or deletion of data must be submitted through the official channels, and Keybe will respond within a reasonable timeframe in accordance with applicable regulations.

These provisions underscore Keybe’s commitment to security, privacy, and the ethical use of User data, reinforcing a relationship of mutual trust.

8. Financial Terms

8.1. Pricing Structure

Keybe’s services operate under a subscription or usage based model, with detailed pricing available on the platform in the Usage section and published on the official website: https://biky.ai/precios/ Keybe reserves the right to correct any obvious errors in published pricing, providing timely notice to the User before such changes affect billing.

Keybe will notify the User of any price adjustments at least 30 days in advance.

The Client will bear any additional costs, surcharges, or penalties incurred by Keybe as a direct result of the Client’s failure to comply with applicable legal, regulatory, or contractual obligations, or from explicit instructions issued by the Client that violate applicable laws or the terms of telecommunications providers.

Keybe, in turn, will bear any costs, fines, or penalties that arise directly from its own legal or contractual noncompliance within its reasonable control, including failures in service delivery attributable to Keybe or failure to meet its obligations as a data processor.

In no event will either Party be required to assume any penalties, fines, or costs resulting from breaches attributable to the other Party.

The allocation of responsibilities set forth in this clause is without prejudice to the limitations of liability established in Section 9.3 of this Agreement.

In the event of nonpayment, Keybe may restrict the creation of new accounts until all outstanding obligations have been fulfilled. Where legally permitted and subject to applicable notice and procedural requirements, Keybe may also report such noncompliance to credit bureaus in the countries where it operates.

8.2. Payments and Methods

8.2.1. Currency

Payments to Keybe Inc. will be made exclusively in U.S. dollars (USD). For agreements entered into with Keybe Cloud Services MX S.A. de C.V. or Keybe S.A.S., payments will be made in local currency (MXN or COP) and will include applicable taxes.

8.2.2. Accepted Payment Methods

Keybe allows payments via domestic or international bank transfers, credit cards, and prepaid cards. The use of payment buttons and cash deposits will only be available when expressly established in a signed agreement between the User and one of our authorized subsidiaries.

The User acknowledges all payments made through the authorized methods as valid and binding, with no right of withdrawal except in cases expressly provided by applicable law.

8.2.3. Payment Models

8.2.3.1. Balance Based Consumption

Under this model, services require a positive balance before use. The system will automatically deduct costs as the services are consumed.

8.2.3.2. Credit Payments

Under this model, Keybe will issue an invoice on the billing date of the subscribed plan. The User will have a standard period of seven (7) calendar days to complete the corresponding payment.

In the event of late payment, default interest will accrue at the maximum rate permitted by applicable law, calculated on overdue and unpaid amounts from the due date until full payment is made.

In addition, services will be automatically suspended without prior notice in accordance with Section 4.5. If nonpayment continues for more than fifteen (15) calendar days from the due date, the account may be permanently closed, as outlined in Section 3.3.

Additionally, when the User requires payment via Purchase Order and bank transfer that involves manual operational handling by our finance team, an additional 3% fee will apply on the invoice value before taxes as a Financial Administration charge.

Keybe also reserves the right to report the User to the relevant credit bureaus in accordance with applicable regulations.

Nothing in this clause limits any credits or remedies expressly provided in the applicable Service Level Agreement (SLA), nor any non-waivable rights of the User under applicable law.

8.3. Taxes and Communication Surcharges

All prices exclude applicable taxes, levies, or surcharges associated with communication and telecommunications services.

Each Party will be responsible for assessing and paying the taxes, duties, contributions, and any other fiscal charges applicable to it under relevant law, based on its legal status, activities, and income.

In no event will either Party be responsible for taxes imposed on the other Party’s income, profits, or net earnings.

Notwithstanding the foregoing, the Client will be responsible for the payment of indirect taxes, regulatory fees, sector specific contributions, telecommunications surcharges, and any other charges associated with the provision of the Service, when such items apply under current regulations.

8.4. Specific Conditions for Biky Services

Biky services require the prior purchase of chat packages, which will be automatically deducted from the available balance or charged to the credit card. A chat is defined as a continuous conversation initiated within a 24 hour period. In the event of insufficient balance, services will be suspended until a new plan is purchased or an additional package is acquired.

In the event of discrepancies regarding chat usage, Keybe’s system records will prevail unless the User provides technical evidence to the contrary.

8.5. Service Suspension and Reactivation

Keybe’s services operate under a prepaid model. The User must maintain a positive balance prior to use, and the system will automatically deduct the corresponding amounts as services are consumed.

If the User’s balance becomes insufficient, services will be suspended immediately and a grace period of seven (7) calendar days will be granted to resolve the situation. During this period, the User will receive reasonable notifications through the contact methods registered in their account.

If the balance is not restored within the seven (7) calendar days, Keybe may deprovision associated resources (such as third party connections, integrations, assigned lines or numbers) and keep the account suspended until it is brought back into good standing, in accordance with Section 3.3.

The reactivation of deprovisioned resources will depend on the availability and conditions of the external providers involved.

Service reactivation, once the balance issue has been resolved, may be subject to an additional fee, as applicable:

USD 49.95 in the case of standard reactivation without the need to reconnect to external systems.
USD 198.00 if reactivation requires restoring connections with external systems such as Meta, CRM, or others.
In some cases, assigning a new messaging line may be required.

Reactivation charges reflect the operational costs of reprovisioning and technical reconnection. Before applying any charge, Keybe will inform the User which scenario applies.

Reactivation charges will be applied by the entity with which the Client has entered into the agreement. For contracts with Keybe Inc., amounts will be invoiced in USD. For contracts with Keybe Cloud Services MX S.A. de C.V. or Keybe S.A.S., amounts will be invoiced in local currency and will include applicable taxes.

The assignment of new lines will be subject to technical and operational availability at the time of reactivation. The User acknowledges that prolonged suspension may result in the irreversible loss of resources assigned by third parties, including numbers, identifiers, or external connections.

Keybe will not be responsible for the loss of configurations, data, or integrations associated with accounts suspended for more than thirty (30) calendar days when such loss results from inactivity, suspension due to nonpayment or insufficient balance, deprovisioning of resources, or decisions made by the User.

Data retention during the suspension period will be handled in accordance with Keybe’s internal retention and backup policies and will not imply any obligation to retain data indefinitely or beyond legally required periods.

Where loss results directly from a proven breach of Keybe’s security or data custody obligations within its reasonable control, liability will be governed by the limitations set forth in Section 9.3 of this Agreement.

8.6. Disputes and Refund Policy

The User must notify in writing any discrepancy related to fees, taxes, or surcharges within thirty (30) calendar days following billing.

Except as required by applicable law or as expressly provided in the applicable Service Level Agreement (SLA) and or in Section 3.3 (items g) and h)), payments are non refundable and no prorations will be made for partial periods, inactive accounts, or early cancellations.

Notwithstanding the foregoing, Keybe may: (i) correct clear billing errors; (ii) reverse charges associated with verified fraud; and or (iii) grant commercial credits at its discretion, without creating any precedent.

8.7. Pricing Adjustments and Monthly Billing

Keybe may adjust pricing with at least thirty (30) calendar days’ prior notice to the User. Any changes to plan tiers will be applied automatically in the next billing cycle. No credits or refunds will be issued for partial service periods or inactive accounts, except as provided in the applicable Service Level Agreement (SLA) and or in Section 3.3 (items g) and h)). Pricing adjustments will not have retroactive effect unless expressly stated in a contract or supplemental agreement.

9. Indemnification and Liability

9.1. User Indemnification

The User agrees to indemnify and defend Keybe, as well as its employees, affiliates, and representatives, against any claims, losses, damages, penalties, or expenses, including reasonable legal fees, arising from:

Misuse of the services provided by Keybe.
Any breach of these Terms and Conditions.
Third party claims related to violations of intellectual property rights, privacy, or other applicable laws resulting from the User’s use of the services or its applications.

The indemnification obligation will be limited to covering damages and costs that are the direct and foreseeable result of the User’s actions or omissions. In no event will the User be liable for indirect, consequential, incidental, or punitive damages, unless such damages result from willful misconduct or gross negligence by the User.

The indemnification obligation includes assuming the defense of Keybe in any related legal proceeding and covering any resulting judgments or settlements, provided that Keybe gives the User timely notice of such claims and reasonably cooperates in the defense.

9.2. Keybe Indemnification

Keybe will indemnify the User against third party claims for intellectual property infringement arising from the lawful use of the services in accordance with these Terms and Conditions, provided that such claim results from a proven breach of Keybe’s obligations within its reasonable control. This indemnification includes:

Legal defense against such claims.
Payment of damages and reasonable legal costs arising from such claims.
Implementation of solutions to prevent future infringements, such as technical modifications or additional licenses.

In all cases, any indemnification obligation of Keybe will be subject to the limitations of liability set forth in Section 9.3 of this Agreement.

This indemnification obligation will apply only when the User has used the services lawfully and in accordance with these Terms, without unauthorized modifications or integrations.

Keybe will not be liable for any claims or damages arising from:

Unauthorized use of the services.
Integrations with external applications or combinations of incompatible services.
Indirect, consequential, incidental, or punitive damages.

9.3. Limitation of Liability

Keybe will not be liable for any indirect, incidental, consequential, special, or punitive damages, including:

Loss of revenue, profits, or anticipated savings.
Business interruptions or impairment of business relationships.
Loss of data or costs associated with its recovery.
Costs associated with substitute services or resources.

Keybe’s total aggregate liability will not exceed the amount paid by the User for the services during the twelve (12) months immediately preceding the event giving rise to the claim, unless otherwise required by applicable law. This cap applies to any type of claim, whether contractual, tort, or otherwise. This limitation of liability will apply cumulatively to all claims arising from the contractual relationship, regardless of the number of incidents or causes asserted.

These limitations will not apply in cases of:

Willful misconduct or gross negligence by Keybe.
Bodily injury or death.
Any circumstances where limitation of liability is prohibited by applicable law.

9.4. Use of Artificial Intelligence and Warranties

The User understands that results generated by artificial intelligence tools, such as Biky, may not always be accurate or suitable for critical decisions. Keybe does not guarantee the absence of errors or limitations inherent to these technologies.

The services are provided “AS IS,” without express or implied warranties, including warranties of merchantability or fitness for a particular purpose, except as expressly set forth in these Terms. The User assumes full responsibility for the use of such results in their operations.

Under no circumstances will Keybe be liable for any business, legal, financial, or operational decisions made by the User based on results generated by artificial intelligence.

Keybe does not guarantee the continuous availability, accuracy, or contextual appropriateness of results generated by its artificial intelligence tools and reserves the right to modify or discontinue such services at any time.

The User acknowledges that it is their responsibility to validate any recommendation or result before taking action based on it.

9.5. Claims Management

In the event of a claim, the affected party must:

Promptly notify the other party.
Cooperate in the defense or resolution of the matter.

The party assuming the defense will have exclusive control over the resolution, while respecting the interests of the other party and obtaining its consent for any decisions that involve additional obligations.

The non defending party may not unreasonably withhold its consent to reasonable resolutions or settlements, provided that such decisions do not impose direct liability or additional financial obligations on it.

10. Dispute Resolution

10.1. Informal Procedures

Before initiating any legal or arbitration action, the parties agree to attempt to resolve any dispute amicably. This process will begin with direct contact with Keybe’s Customer Support team, who will work to find a prompt and effective solution. If this is not sufficient, the primary representatives of both parties will negotiate in good faith for a period of thirty (30) days, or any additional period agreed upon in writing, to seek an amicable resolution.

10.2. Binding Arbitration

If informal negotiations do not resolve the dispute, it will be submitted to binding arbitration. This process will be governed by the Commercial Arbitration Rules of the American Arbitration Association (AAA), and the arbitration will take place in Dover, Delaware, unless otherwise agreed by the parties.

Arbitration features:

A single arbitrator will be appointed to oversee the case, and the arbitrator’s decision will be final and binding on both parties.
The parties will have access to relevant documents necessary to present their cases and may make reasonable submissions in accordance with procedures approved by the arbitrator.
The arbitrator’s decision will be based on admissible evidence and the substantive law of the State of Delaware, including applicable federal laws of the United States.

The arbitral award will include a written explanation of the findings of fact and the legal basis for the decision. The award may be submitted to any court of competent jurisdiction for enforcement.

For agreements entered into with Keybe Cloud Services MX S.A. de C.V. or Keybe S.A.S., dispute resolution will be governed by the applicable laws and jurisdiction of each country, as set forth in Section 14, “Local Provisions,” of this document.

10.3. Exceptions to Arbitration

Not all disputes are subject to arbitration. The parties agree that cases related to:

Intellectual property rights, such as trademarks, patents, copyrights, or trade secrets.
Material breaches of Keybe’s Acceptable Use Policy.

These disputes may be brought directly before the appropriate courts. In addition, the parties may choose to file minor claims in small claims courts if they meet the requirements for such proceedings.

10.4. Waiver of Jury Trial and Class Actions

The parties expressly waive:

Their right to a jury trial in any dispute related to these Terms and Conditions.
The right to participate in class, consolidated, or representative actions against the other party.

This means that any claim must be brought on an individual basis and not as part of a class action. The arbitrator may not consolidate the claims of multiple parties into a single proceeding or preside over any class action.

If a court determines that the class action waiver is not valid or enforceable, that provision will be null and void, but it will not affect the validity of the remaining terms of the Agreement.

10.5. Cooperation and Stay of Legal Proceedings

If a party files a dispute in court that should be resolved through arbitration, the other party may request that the court proceedings be stayed until the arbitration is completed. In addition, if a party refuses to arbitrate a dispute that is subject to arbitration, the other party may request that a court compel arbitration.

10.6. Purpose of Dispute Resolution Procedures

This section is intended to ensure that any dispute between the parties is resolved in a fair, efficient, and timely manner, promoting mutual understanding before resorting to formal legal proceedings.

11. Termination

11.1. Term of the Agreement

These Terms and Conditions will become effective on the date the User expressly accepts them during the registration process or upon first use of Keybe’s services, which will be deemed as implied acceptance.

They will remain in effect as long as the User maintains an active account or until terminated by either party in accordance with the provisions set forth in this document.

Keybe may update these Terms periodically and will notify the User of such changes through the designated channels, including notifications via the platform or by email, in accordance with the procedure described in these Terms and Conditions.

11.2. Termination for Convenience

Either party may terminate this Agreement and close the associated accounts by providing written notice at least fifteen (15) calendar days in advance, without the need to state or prove cause.

The exercise of this unilateral termination right by either party will not be considered a breach of contract and will not give rise to any indemnification, compensation, or financial payment between the parties.

However, termination of the Agreement will not affect:

Payment obligations already accrued and due as of the effective date of termination.
Obligations arising from purchase orders, specific agreements, or ongoing commercial commitments, which will continue to be governed by their own terms until fulfillment, termination, or expiration.

Early termination by the User will not give rise to refunds, unless expressly provided in a purchase order or separate agreement.

11.3. Non Renewal and Automatic Termination+

The subscription or agreement will be renewed upon timely payment of the applicable plan before the expiration date, or in accordance with the renewal terms set forth in the applicable purchase order or specific agreement. In the absence of payment or express renewal, the service will not be considered renewed and the provisions of this clause will apply.

If the User does not renew their subscription or agreement before the expiration date, the service will be automatically terminated without the need for additional notice from Keybe. By accepting these Terms and Conditions, the User acknowledges and agrees that failure to renew will result in the suspension and subsequent termination of access to Keybe’s services, without creating any liability for the Company.

Exception for Biky Services: In the case of Biky chat packages, a lack of available balance will result in service suspension in accordance with Section 8.5. If the balance is not restored within the grace period set forth in Section 8.5, Keybe may deprovision associated resources (such as assigned lines or numbers) in accordance with that section.

11.4. Termination for Material Breach

Keybe may immediately terminate the services if the User materially breaches these Terms and Conditions or any applicable law. In such cases, Keybe reserves the right to seek damages resulting from such breach without prior notice.

11.5. Termination for Insolvency

Either party will have the right to automatically terminate this Agreement if the other party becomes subject to bankruptcy or insolvency proceedings, or if liquidation or restructuring proceedings are initiated against it, subject to applicable law.

11.6. Survival of Obligations

Termination of these Terms and Conditions will not affect provisions that, by their nature, are intended to survive. This includes, but is not limited to, the following obligations:

Payment of fees and payment terms.
Ownership and use of data provided or generated.
Limitations of liability.
Mutual indemnification obligations.
Dispute resolution and other miscellaneous provisions.

11.7. Data Export

The User may export their User Content and any results associated with their account, provided that all payment obligations have been fulfilled.

a) Standard export: Keybe will provide reasonable export mechanisms via API or platform tools so the User can download their information without manual intervention from Keybe.

b) Assisted export/offboarding service (optional): If the User requests an assisted process from Keybe that involves manual operational work (for example, coordinated disconnection with telecommunications providers or reconnection or deprovisioning of complex integrations), Keybe may charge a fee of USD 480.00 (or its local equivalent), which will be communicated in advance.

Export does not include Keybe’s intellectual property assets such as models, weights, source code, architecture, base algorithms, or proprietary configurations, but it does include User data and Results.

Keybe’s responsibility regarding export is governed by the limitations of liability set forth in this document and applicable law.

11.8. User Responsibility

The User will be responsible for properly managing the cancellation of their account by submitting a written request through Keybe’s official contact channels. The request must include the necessary information to identify the account and must be confirmed by Keybe before the cancellation becomes effective.

If the User does not submit such a cancellation request, Keybe reserves the right, in accordance with these Terms and applicable law, to suspend or terminate the account, including immediate restriction of access to the services, in the following cases:

Prolonged inactivity of ninety (90) calendar days, provided there is no active plan or available balance. Inactivity will be determined based on access and usage records stored in Keybe’s systems.
Failure to comply with contractual or payment obligations.
Misuse of the services in accordance with the Acceptable Use Policy.

Effective account cancellation will result in:

The permanent deactivation of the account and loss of access to the associated services.
The deletion of content stored in the account, except where retention is required by law or by these Terms and Conditions for a specified period.

Keybe will not be responsible for any loss of data or access resulting from account cancellation when such loss arises solely from the User’s decision to cancel the account or from the termination of the contractual relationship in accordance with these Terms.

Keybe will implement reasonable technical and organizational measures to ensure that the account closure and deactivation process is carried out securely and in accordance with applicable law.

Where data loss results directly from a proven breach of Keybe’s security or data custody obligations within its reasonable control, liability will be governed by the limitations set forth in Section 9.3 of this Agreement.

Keybe will not be required to retain User accounts or information beyond the periods mandated by applicable law or its internal data retention and backup policies. Once the account is canceled, data deletion will be final and irreversible in active systems, without prejudice to the backup retention cycles described in Section 3.3 (item i)).

Before permanent data deletion, Keybe will provide the User with a reasonable window to export their information in accordance with Section 11.7, unless prohibited by law, or in cases involving security risks or fraud.

Upon termination of the services, and provided that the Client is in good standing with respect to all due and undisputed payment obligations, or when the Client requests it for duly substantiated legal or regulatory reasons, Keybe will delete or return the personal data processed on behalf of the Client, except for data that must be retained due to legal requirements or backup retention cycles, ensuring in all cases its confidentiality and security until final deletion.

12. Technical Support and Service Availability

12.1. Provision of Technical Support

Keybe’s technical support is available exclusively to paid account holders and is provided through the following channels:

Chat on Keybe’s official website.
Assigned WhatsApp line.

Response times for technical support requests will be subject to the terms set forth in the applicable Service Level Agreement (SLA). Keybe does not guarantee specific response times beyond what is established in the SLA and reserves the right to prioritize requests based on their nature and urgency.

12.2. Availability Limitations

The User acknowledges that the service may experience interruptions or degradation.

However, availability commitments, response times, and any applicable service credits will be governed by the current Service Level Agreement (SLA) applicable to the User’s plan or contract.

12.3. Technology Infrastructure and Providers

To ensure the operation and quality of its services, Keybe relies on a network of external providers and hosting partners that supply hardware, software, networks, storage, and other related technologies.

Keybe will implement reasonable technical, contractual, and organizational measures to ensure the reliability, security, and availability of the services provided by such third parties.

Keybe will be responsible to the User for security incidents, service interruptions, or data loss when such events result directly from a proven breach of its legal or contractual obligations within its reasonable control, including the failure to implement reasonable measures in the selection, management, or oversight of its External Providers. In all cases, such liability will be subject to the limitations set forth in Section 9.3 of this Agreement.

12.4. Limitations and Exclusions

The following limitations and exclusions apply to the use of Keybe’s services:

Keybe will not be responsible for technical issues arising from devices, networks, local configurations, or any technological environment controlled by the User.
The User is responsible for ensuring that their systems meet the minimum technical requirements specified by Keybe.

Keybe does not guarantee compatibility of its services with environments, operating systems, configurations, or devices not expressly specified in its official technical documentation.

Technical Support:

Technical support provided by Keybe is limited to issues related to the standard configuration and approved use of the services.
It does not cover customizations, unauthorized integrations, or developments carried out by the User or third parties outside the scope of the services defined by Keybe.

Technical support will be available in accordance with the channels, hours, and service levels (SLA) defined by Keybe. Any additional assistance may be subject to separate agreements or additional fees.

12.5. Exclusion of Liability for External Events

Keybe will not be liable for interruptions or failures caused by external events such as cyberattacks, viruses, malware, or actions by unauthorized third parties, except in cases of gross negligence by Keybe in the implementation of security measures.

This exclusion will not apply where such events are shown to result directly from willful misconduct or a proven breach of Keybe’s security obligations within its reasonable control. In all cases, Keybe’s liability will be governed by the limitations set forth in Section 9.3 of this Agreement.

12.6. Scheduled Maintenance

During scheduled maintenance windows, services may experience temporary interruptions. Keybe will provide prior notice to the User, to the extent possible, regarding such activities. The User acknowledges and agrees that scheduled maintenance is an essential part of service delivery and may involve temporary interruptions without constituting a breach by Keybe.

13. Miscellaneous Provisions

13.1. Force Majeure

Keybe will not be liable for any failure, delay, or inability to perform its obligations resulting from events beyond its reasonable control. This includes, but is not limited to, natural disasters, labor disputes, acts of terrorism, civil unrest, failures of technological infrastructure, or inaction by governmental authorities. The affected party must take reasonable steps to mitigate the effects of such events and notify the other party as soon as possible.

13.2. Severability

If a court of competent jurisdiction determines that any provision of these Terms and Conditions is invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary to make it enforceable. The remaining provisions will continue in full force and effect.

13.3. Governing Law and Jurisdiction

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles. Any dispute or legal proceeding will be resolved exclusively in the state or federal courts located in Delaware, unless otherwise specified in the dispute resolution section.

Forward looking statements regarding Keybe’s operations, prospects, or products presented on the website or within the services do not constitute an offer or solicitation to sell securities and are subject to uncertainties under applicable law.

13.4. Waiver and Order of Precedence

In the event of a conflict between documents, the order of precedence will be:

Agreement, purchase order, or statement of work executed between the parties (if any), for commercial scope and specific terms.
Privacy Agreement and or data protection addenda (for matters related to personal data and processing).
Service Level Agreement (SLA) (for availability, support, and service credits).
These Terms and Conditions (for general matters).
Policies incorporated by reference (Acceptable Use, Security, Cookies), as applicable.

If the User contracts with a local subsidiary, the provisions set forth in Section 14 regarding jurisdiction and applicable law will also apply.

13.5. Language

In the event of any discrepancy between translated versions of these Terms and Conditions, the Spanish language version will prevail. Any ambiguity will be interpreted fairly and not strictly for or against either party.

13.6. Notices and Communications

Any notice required under these Terms must be made in writing and sent to the official addresses indicated below:

For Keybe: 2915 Biscayne Blvd, Suite 300, Miami, FL 33137, United States, or to the official email address ([email protected]).
For the User: To the email address provided upon registration for Keybe’s services.

13.7. Assignment

The User may not assign or transfer their rights and obligations under these Terms without Keybe’s prior written consent. Keybe, however, may assign its rights and obligations to a third party in the event of an acquisition, merger, or sale of its assets.

13.8. Relationship Between the Parties

The parties acknowledge that they act as independent contractors. Nothing in these Terms will be construed as creating an employment, agency, partnership, or franchise relationship between Keybe and the User. Each party is responsible for its own employees, agents, and operating costs.

13.9. Government Terms

If the User represents a government entity, use of the services will be subject to the restrictions set forth in these Terms and applicable law. Any unauthorized use of the services is strictly prohibited.

14. Local Provisions

14.1. KB Cloud Services MX S.A. de C.V.
Services contracted with KB Cloud Services MX S.A. de C.V. are subject to Mexican law, including the Federal Law on the Protection of Personal Data Held by Private Parties (LFPDPPP).

Any dispute will be resolved before the courts of Mexico City, unless otherwise agreed.

14.2. Keybe S.A.S.

Services contracted with Keybe S.A.S. are governed by Law 1581 of 2012 (Habeas Data) and other applicable data protection regulations.

Any dispute will be resolved before the courts of Bogotá D.C., unless otherwise agreed.