Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY AND IN FULL.
THEY CONTAIN AN AGREEMENT TO RESOLVE DISPUTES BY INDIVIDUAL BINDING ARBITRATION, A WAIVER OF YOUR RIGHT TO A JURY TRIAL, AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. SECTION 41 EXPLAINS THIS AND EXPLAINS HOW TO OPT OUT WITHIN 30 DAYS.
THEY ALSO CONTAIN LIMITATIONS ON KIARA'S LIABILITY (SECTION 38), DISCLAIMERS OF WARRANTY (SECTION 37), AND YOUR OBLIGATION TO INDEMNIFY US (SECTION 39).
1. Agreement
These Terms and Conditions ("Terms") are a binding contract between you and Kiara AI Inc, a Delaware corporation ("Kiara," "we," "us," "our"), governing your access to and use of the Kiara websites, applications, platform, and services (the "Services").
By accessing or using the Services, creating an account, clicking to accept, or signing an order form referencing these Terms, you agree to them. If you do not agree, do not use the Services.
If you accept on behalf of a company or other entity, you represent that you have authority to bind it, and "you" means that entity.
Our Privacy Notice is incorporated by reference. Additional product-specific terms are also incorporated where we make them available and you use those products.
These Terms are organized in Parts, and each Part states who it applies to. If a Part conflicts with another, the more specific Part controls for the subject it addresses. A signed order form or master services agreement controls over these Terms.
2. Definitions
- Customer — an entity that subscribes to the Services under an order form or these Terms.
- Customer Data — data, content, and information submitted to or generated in the Services by or for a Customer, including information about End Users.
- End User — an individual who accesses the Services because a Customer made them available: prospective renters, applicants, residents, guarantors, owners, investors, vendors, and their authorized representatives.
- Users — Customer personnel and End Users, collectively.
- AI Services — features of the Services that use artificial intelligence or machine learning, including conversational agents, drafting and summarization tools, document and data extraction, and workflow automation.
- Payment Services — features that enable the initiation, processing, and reconciliation of payments through our payment processor.
- Documentation — the technical and user documentation we make generally available.
- Third-Party Services — products, applications, integrations, and services not provided by Kiara.
3. Eligibility
You must be at least eighteen years old and legally capable of entering a binding contract. You must not be barred from receiving the Services under the laws of the United States or any applicable jurisdiction, and must not be located in, ordinarily resident in, or organized under the laws of any country or territory subject to comprehensive U.S. sanctions, or be listed on any U.S. government restricted-party list.
4. Accounts and credentials
You must provide accurate, current, and complete registration information and keep it updated. You are responsible for all activity under your account and for maintaining the confidentiality of your credentials. Do not share credentials. Enable multi-factor authentication where we offer it.
Notify us immediately at security@meetkiara.ai if you suspect unauthorized access. We may suspend an account we reasonably believe is compromised.
We may refuse, suspend, or terminate any account registration in our discretion.
5. Acceptable use
You will not, and will not permit anyone else to:
Legal and safety
- use the Services in violation of any law, regulation, or third-party right, including fair housing, fair lending, consumer protection, debt collection, landlord-tenant, telemarketing, or financial services law;
- use the Services to discriminate against any person on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), familial status, disability, source of income, or any other characteristic protected by federal, state, or local law;
- use the Services to harass, threaten, defame, stalk, or harm any person, or to facilitate fraud, money laundering, terrorist financing, human trafficking, or the evasion of sanctions;
- upload or transmit unlawful, infringing, obscene, or malicious content, or any code designed to disrupt, damage, or gain unauthorized access to any system;
Technical
- attempt to gain unauthorized access to the Services, other accounts, or any related systems or networks;
- probe, scan, penetration-test, or stress-test the Services without our prior written authorization (contact security@meetkiara.ai before conducting any testing);
- circumvent, disable, or interfere with security features, rate limits, usage limits, filters, or safety mitigations;
- reverse engineer, decompile, disassemble, or attempt to derive source code, model weights, architecture, training data, or underlying components of the Services, except where applicable law expressly permits it notwithstanding this restriction;
- scrape, crawl, index, or use any automated means to extract data from the Services other than through interfaces we provide;
- impose an unreasonable load on our infrastructure;
Commercial
- resell, sublicense, rent, lease, time-share, or provide the Services as a service bureau, except as expressly permitted in an order form;
- use the Services, or any output, to build, train, or improve a competing product or model;
- remove, obscure, or alter proprietary notices;
- use the Services to send unsolicited commercial messages or otherwise violate the CAN-SPAM Act, Telephone Consumer Protection Act, or analogous laws;
- access the Services for competitive benchmarking or to publish performance data without our written consent.
We may investigate suspected violations and take any action we consider appropriate, including removing content, suspending or terminating access, and cooperating with law enforcement.
6. Our intellectual property
The Services, the Documentation, and all software, models, designs, interfaces, text, graphics, trademarks, and other content we provide are owned by Kiara or our licensors and are protected by intellectual property law. Subject to these Terms and payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for their intended purpose. All rights not expressly granted are reserved.
The name "Kiara," our logos, and our product names are our trademarks. You may not use them without our written permission. The look, feel, and layout of the Services are protected as trade dress and may not be copied or imitated.
7. Feedback and customer research
If you send us suggestions, ideas, or feedback about the Services, we may use, disclose, reproduce, license, and otherwise exploit them without restriction, obligation, attribution, or compensation. Feedback is not confidential. Do not include anything you are not free to share or anything you consider proprietary.
We may ask you to participate in interviews, testing, or other research about how you use the Services. No jointly owned intellectual property arises from any such engagement, and Kiara retains all right, title, and interest in its intellectual property, including anything developed or refined in the course of that research.
8. Third-Party Services
The Services may link to, integrate with, or make available Third-Party Services. We provide these for convenience. We do not control them, do not endorse them, and make no representation about their availability, security, accuracy, or data practices.
When you enable a Third-Party Service, you authorize us to allow it to access, transmit, modify, store, or delete data as the integration provides. Your use of a Third-Party Service, and its handling of your data, is governed by your agreement with that provider, not by these Terms.
WE DISCLAIM ALL LIABILITY FOR THIRD-PARTY SERVICES, INCLUDING THEIR AVAILABILITY, SECURITY, DATA HANDLING, AND ANY LOSS OR DAMAGE ARISING FROM THEM, EVEN IF WE HAVE REVIEWED, CERTIFIED, LISTED, OR RECOMMENDED THEM. Your sole recourse is against the third party.
9. Changes to the Services
We may add, modify, or discontinue features at any time. For Customers, we will not materially degrade the core functionality of a paid Service during a paid subscription term without notice, and we will give at least 30 days' notice before discontinuing a material feature. We may make changes required for security, legal compliance, or to address a threat immediately and without notice.
10. Changes to these Terms
We may update these Terms. We will revise the "Last updated" date and, where the change is material, provide notice by email, in-product notice, or a prominent posting at least 30 days before it takes effect. Continued use after the effective date constitutes acceptance. If you do not accept, stop using the Services; Customers may terminate as provided in Section 19.
Changes to Section 41 (Dispute Resolution) do not apply to any claim already filed before the change takes effect.
Sections 11–20 apply to Customers.
11. Subscriptions, onboarding, and scope
11.1 Subscriptions. Kiara provides the Services on a subscription basis as described in an order form, statement of work, or online sign-up flow. Each order form incorporates these Terms. Subscriptions are for the entities, portfolios, unit counts, and user seats stated in the order form. Where a Service is billed per unit, we will assess your unit count at regular intervals and invoice accordingly.
Unless the order form says otherwise, subscriptions renew automatically for successive terms of equal length. Either party may prevent renewal by giving written notice at least 30 days before the end of the then-current term.
11.2 Intended use. The Services are software designed and intended to support property management, leasing, and related financial operations in the United States. Use for any other purpose, in any other manner, or in any other territory is at your own risk and may be grounds for termination.
11.3 What Kiara is. Kiara is a technology company. Kiara is not a property management company, a real estate broker or salesperson, a landlord, a leasing agent, a consumer reporting agency, a debt collector, a bank, or a money transmitter. Kiara does not own, lease, manage, or operate rental housing, does not hold or manage funds belonging to you or your residents, and does not act as your agent or fiduciary. You remain the principal, the operator, and the regulated party in every transaction the Services support.
11.4 No legal, tax, or compliance advice. The Services include features and tools that can assist you in meeting certain regulatory obligations. We make no representation or warranty that your use of the Services will satisfy or ensure compliance with any law, rule, or regulation. Kiara does not provide legal, tax, accounting, insurance, or compliance advice and is not engaged in the practice of law. No feature, template, default setting, prompt, checklist, report, or piece of documentation constitutes such advice. Consult your own counsel and advisers before relying on any Service that carries legal consequences.
11.5 Onboarding and data migration. Following your initial subscription, we will work with you to migrate your data into the Services ("Onboarding"). You are responsible for providing data in a format we deem acceptable and for providing the materials, personnel, and reasonable assistance required. You represent and warrant that you have the right and authority to transfer all data you provide for migration, and you retain all right, title, and interest in it.
We will mutually agree a date on which Onboarding completes and your access goes live (the "Go-Live Date"). If the Go-Live Date must move, we will agree a new one. If it moves more than once because you did not provide requested data, information, or assistance, we may charge an additional Onboarding fee.
Onboarding fees are non-refundable and payable on the invoice date.
11.6 Set-up and configuration. You are solely responsible for determining the appropriate set-up and configuration of the Services, including communication templates and cadences, automation rules, escalation thresholds, fee schedules, permission structures, AI prompts and guardrails, and retention settings. If you ask us to assist with set-up or configuration, we do so as an accommodation; without limiting Section 17, we make no representation or warranty regarding any configuration we perform at your request, and you remain responsible for reviewing and approving it before it goes live.
12. Fees, taxes, and payment
You will pay all fees stated in the order form. Unless otherwise specified:
- fees are quoted and payable in U.S. dollars;
- invoices are due within 30 days of the invoice date;
- fees are non-refundable and subscriptions are non-cancelable during a term, except as expressly provided in Section 19;
- we may increase fees at renewal on 45 days' notice;
- overdue amounts accrue interest at the lesser of 1.5% per month or the maximum permitted by law, and you will reimburse reasonable costs of collection, including attorneys' fees;
- we may suspend the Services on 10 days' notice of non-payment, without limiting our other remedies;
- usage-based charges — including transaction fees, message volume, and AI consumption — are billed in arrears based on our measurements, which are the authoritative record absent manifest error.
Fees exclude taxes. You are responsible for all sales, use, and similar taxes, excluding taxes on our net income. Where we are required to collect, we will invoice and you will pay, unless you provide a valid exemption certificate.
13. Customer Data
Ownership. As between the parties, you own Customer Data and all rights in it.
License to us. You grant Kiara a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, process, and modify Customer Data solely as necessary to provide, secure, support, and improve the Services for you, and as otherwise permitted in these Terms and our Privacy Notice.
Your representations. You represent and warrant that you have all rights, consents, authorizations, and lawful bases necessary for Kiara to process Customer Data as contemplated, including any consent required to send SMS messages or to use AI in a communication with an individual. This is a material obligation. You are solely responsible for the accuracy, quality, legality, and appropriateness of Customer Data and for the means by which you acquired it.
Aggregated data. We may create and use aggregated and de-identified data derived from your use of the Services to operate, analyze, benchmark, and improve our products, and to produce industry insights. Such data will not identify you, any End User, or any property, and we will not attempt to re-identify it.
Business Data. Separately from personal information, we may access and use data about your business and its operations — including portfolio composition, occupancy, pricing, delinquency, maintenance and turnover metrics, transaction history, and, where you connect a financial account, account balances and banking activity ("Business Data") — to provide, secure, support, improve, develop, and market the Services. We disclose Business Data only as necessary to provide the Services, including to service providers, our affiliates, and where legally required. We do not sell Business Data. We may aggregate and anonymize Business Data to produce benchmarks and industry reports, which may be published or made available to others; such reports will not identify you, any individual, or any specific property.
Data processing. Where we process personal data on your behalf, we do so as your service provider or processor. If the parties execute a Data Processing Addendum, it controls over these Terms in the event of conflict on that subject.
Service provider certification. To the extent Kiara processes personal information subject to the California Consumer Privacy Act on your behalf as a service provider, Kiara will not: (i) sell or share that personal information; (ii) retain, use, or disclose it for any purpose other than performing the Services specified, including for any commercial purpose other than performing those Services; (iii) retain, use, or disclose it outside the direct business relationship between you and Kiara; or (iv) combine it with personal information received from another source, except as permitted by law. Kiara certifies that it understands and will comply with these restrictions. Equivalent certifications apply under other state privacy laws that require them.
Export and deletion. You may export Customer Data in a standard format at any time during the term. On termination, we will make Customer Data available for export for 30 days and will delete it within 90 days thereafter, except for records we are required to retain by law and routine backups that are overwritten on a rolling schedule.
14. Your compliance responsibilities — allocation of legal risk
This section allocates responsibility for the legal obligations that attach to operating rental housing and collecting money. Read it closely.
Kiara provides software. You operate the housing business. You are the decision-maker and the regulated party with respect to your residents, applicants, owners, and vendors.
The Services let you do things that are heavily regulated — text, email, extend or deny housing, assess fees, bill utilities, and collect payments. While the Services assist you in carrying out those activities, you are solely responsible for ensuring that your use complies with all applicable law, including without limitation the Fair Housing Act, the Equal Credit Opportunity Act, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Telephone Consumer Protection Act, the CAN-SPAM Act, the Electronic Fund Transfer Act, the Gramm-Leach-Bliley Act, the Fair Debt Collection Practices Act and state analogues (including the California Rosenthal Fair Debt Collection Practices Act), state real estate licensing law, state and local fair housing, source-of-income, rent regulation, utility billing, and landlord-tenant law, and applicable state privacy and AI statutes.
Accordingly, you are solely responsible for:
a. Fair housing and non-discrimination. Establishing, applying, documenting, and defending your leasing, marketing, and eligibility criteria in compliance with the Fair Housing Act, the Equal Credit Opportunity Act, state and local fair housing and source-of-income laws, and all related guidance. This includes ensuring that any use of AI Services in advertising or prospect handling does not produce discriminatory treatment or effects, and includes responding to reasonable accommodation and modification requests.
b. Human decision-making. Ensuring that a qualified human being — not the Services — makes every consequential decision affecting an individual, including application approval and denial, eligibility determinations, adverse action, pricing offered to a specific applicant, lease enforcement, eviction, accommodation decisions, and any decision affecting access to housing, credit, insurance, employment, or an essential service. See Section 27.
c. Communications consent. Obtaining and maintaining records of all consents required to contact individuals, including prior express written consent where required under the Telephone Consumer Protection Act for autodialed or marketing messages; honoring opt-out and revocation requests promptly; and complying with the CAN-SPAM Act and state telemarketing and mini-TCPA statutes.
d. Collection of rent and other amounts owed. All communications sent through the Services regarding amounts owed, including their content, timing, frequency, and escalation. Communications are sent in your name, from telephone numbers and sending addresses assigned to you, on the schedule and in the form you configure. You are the creditor. Kiara does not determine what any individual owes, whether an amount is past due, or what action should follow non-payment. You are responsible for compliance with the Fair Debt Collection Practices Act, the California Rosenthal Act, and analogous state and local law, including any required notices, validation and dispute rights, cease-communication requests, and restrictions on time, place, frequency, and manner of contact.
e. Real estate licensing. Determining whether the activities you conduct through the Services require a real estate broker, salesperson, or property manager license in any jurisdiction, and holding any license required. Kiara does not hold, and does not act under, any real estate license. Kiara does not negotiate lease terms, represent any party in a transaction, show property, advise any party on the merits of a transaction, or receive compensation contingent on the completion of a lease or sale.
f. Disclosure of AI. Where required by law or by these Terms, disclosing to individuals that they are interacting with an automated system, and not disabling, obscuring, or misrepresenting any disclosure the Services provide.
g. Privacy notices and rights. Providing your own privacy notice to your residents, applicants, and other individuals, obtaining any consent required, and responding to their privacy rights requests. Kiara does not provide a stand-in privacy notice for your properties or portals.
h. Money and accounting. Complying with landlord-tenant law governing rent, fees, late charges, security deposits, trust and escrow account requirements, application of partial payments, and permitted convenience or service fees, including state and local caps and prohibitions. Kiara does not determine which fees you may lawfully charge.
i. Records and retention. Maintaining records required by law and applying appropriate legal holds.
j. Your users. All acts and omissions of your personnel and anyone accessing the Services through your account, as if they were your own. You will promptly remove access when a user's authorization changes. No third party may access or use the Services or any Kiara API without our prior written consent, and even where we consent, we disclaim all liability for that third party's actions and you assume all risk arising from them. We may disable access for any user or integration to enforce these Terms or protect the Services.
k. Accuracy of configuration. All criteria, rules, templates, workflows, automations, escalation thresholds, and prompts you configure in the Services, and the outcomes they produce.
Kiara does not provide legal, tax, accounting, insurance, or compliance advice. No feature, template, default setting, prompt, checklist, or piece of documentation constitutes such advice or a representation that your use complies with law. Consult your own advisers.
15. Suspension
We may suspend all or part of the Services immediately if: (a) your account or credentials are compromised; (b) your use poses a security risk to the Services or others; (c) your use may subject Kiara or a third party to liability; (d) your use violates Section 5 or Section 14; (e) you are more than 30 days delinquent; or (f) suspension is required by law, a regulator, a financial institution, or a card network. We will give notice where practicable and will restore access promptly once the cause is resolved. Suspension does not relieve you of payment obligations.
16. Confidentiality
Each party may receive information the other designates as confidential or that a reasonable person would understand to be confidential ("Confidential Information"). The receiving party will use it only to perform under these Terms, protect it with at least reasonable care, and disclose it only to personnel and advisers with a need to know who are bound by confidentiality obligations at least as protective.
Confidential Information does not include information that is or becomes public without breach, was known without restriction before disclosure, is independently developed, or is lawfully received from a third party without restriction.
If compelled by law to disclose, the receiving party will, where legally permitted, give prompt notice and reasonable cooperation to seek protective treatment.
Kiara's Confidential Information includes the Services, Documentation, pricing, security materials, and non-public product plans.
17. Warranties
Kiara warrants that: (a) it has authority to enter these Terms; (b) the Services will perform materially in accordance with the Documentation; (c) it will not materially reduce the security protections of the Services during a subscription term; and (d) it will use commercially reasonable efforts, consistent with industry practice, to ensure that the Services do not introduce malicious code into your systems.
Your exclusive remedy for a breach of clause (b), and our entire liability for it, is for us to use commercially reasonable efforts to correct the non-conformity and, if we cannot do so within 30 days of your written notice, for you to terminate the affected Service and receive a pro-rata refund of prepaid, unused fees.
You warrant that you have the rights, consents, and authority described in Sections 13 and 14, and that your use of the Services will comply with law.
Except as stated in this Section, the disclaimers in Section 37 apply.
18. Support and service levels
Support is provided as described in your order form. Any uptime commitment, support response target, or service credit applies only if expressly stated in an order form. Where service credits are stated, they are your sole and exclusive remedy for failure to meet the corresponding service level.
19. Term and termination
These Terms remain in effect while you use the Services or have an active order form.
For cause. Either party may terminate on 30 days' written notice of a material breach that remains uncured at the end of that period. Either party may terminate immediately if the other becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to bankruptcy or similar proceedings.
By Kiara for convenience. We may terminate a free, trial, evaluation, or beta Service at any time. We may terminate a paid subscription on 90 days' notice, refunding prepaid, unused fees.
Effect. On termination: your license to use the Services ends; you must stop using them; you must pay all amounts accrued through the effective date; and each party will return or destroy the other's Confidential Information on request. If you terminate for our uncured material breach, we will refund prepaid, unused fees. If we terminate for your breach, no refund is due and all remaining committed fees become immediately payable.
Data. Section 13 governs export and deletion.
Survival. Sections 2, 5, 6, 7, 8, 12 (for accrued amounts), 13 (ownership), 14, 16, 19, 20, and Parts IV–VII survive.
20. Publicity
Neither party will use the other's name or marks in publicity without prior written consent, except that Kiara may include your name and logo in customer lists and on our website, and you may state that you are a Kiara customer. You may revoke this permission by written notice to legal@meetkiara.ai, effective prospectively.
Sections 21–24 apply if you are a renter, applicant, resident, guarantor, owner, investor, or vendor using Kiara because a property company made it available.
21. What the Services are — and are not
Kiara AI Inc is a software company. We provide the software used by the property company you deal with. We are not your landlord, property manager, real estate broker or agent, leasing agent, lender, escrow agent, insurer, debt collector, or advisor. We are not a party to your lease, application, purchase agreement, service agreement, or any other contract between you and that company, and we have no ownership or management interest in any property.
What Kiara does. The Services transmit, record, schedule, and organize communications and requests between you and the property company, and provide the interface through which you can apply for a unit, submit maintenance requests, receive notices, and make payments. Kiara acts at the direction of, and according to the rules and settings configured by, the property company.
What Kiara does not do. Kiara does not:
- decide whether you are approved for a unit, or set or apply the criteria used to decide;
- set rent, fees, deposits, or eligibility criteria, or negotiate any term of a lease;
- determine what you owe, whether a payment is late, or whether a fee is lawfully charged;
- perform maintenance work, select or vet vendors, set priorities, approve costs, or guarantee that any work is scheduled, performed, or completed;
- decide accommodation or modification requests;
- issue or enforce notices, or initiate or pursue eviction;
- represent you or any other party in a real estate transaction, or advise you on the merits of one;
- exercise independent judgment about your tenancy, your application, or your request.
Communications you receive. Messages you receive through the Services about your account, your balance, your application, or your tenancy are sent in the name of and on behalf of the property company, using contact details assigned to that company, on the schedule and in the form it configures. The property company, not Kiara, is the party you owe and the party responsible for the content of those communications.
Direct all questions about your tenancy, application, charges, refunds, maintenance, and privacy to the property company. We will generally be unable to resolve them and will refer you back.
22. Your account and conduct
You must be at least eighteen. You must provide true, accurate, and complete information, and keep it current. You must not misrepresent your identity or your authority to act — including your authority to designate a bank account, view statements, or schedule payments.
You are solely responsible for all transactions and actions validated through your credentials, whether or not you authorized them. Guard your credentials. If you suspect unauthorized access, notify the property company and Kiara immediately.
Section 5 (Acceptable use) applies to you.
23. Maintenance and service requests
Where the Services allow you to submit or track maintenance requests, those requests are the responsibility of the property company. Kiara transmits your request, relays messages between you and the property company or a vendor it has selected, and may offer or confirm appointment times drawn from availability the property company or vendor supplies. Kiara does not perform maintenance work, select or approve vendors, determine urgency or priority, authorize expenditure, or guarantee that any work will be scheduled, performed, or completed, and accepts no responsibility for any loss, damage, or injury arising from a request, a delay, or a failure to respond.
The Services are not an emergency service. Do not use them to report a fire, gas leak, flood, medical emergency, crime, or any other situation involving risk to life, health, or property. Call your local emergency number.
24. Third-party offerings
The property company may make third-party offerings available through the Services — renters insurance, security deposit alternatives, utility connection, moving services, credit reporting of rent payments, and similar. These are provided by third parties under their own terms. Kiara is a conduit only. We do not determine your eligibility, are not a party to those agreements, do not receive or hold funds under them, and disclaim all liability for them, including for any data breach or misuse of your information by the provider. Your recourse is against the provider.
Sections 25–30 apply to anyone using or interacting with AI Services.
25. Scope and disclosure
AI Services may include conversational agents operating by SMS, email, and web chat, drafting and summarization tools, document and data extraction, forecasting and reporting assistance, and workflow automation.
You will be told when you are interacting with an automated system. Where an AI agent conducts a conversation with you by SMS, email, or web chat, we disclose that fact at the outset of the conversation and on request, and provide a path to reach a human. Customers must not disable, obscure, or misrepresent this disclosure, and must not represent AI-generated output as having been produced by a person where doing so would be deceptive or unlawful.
Conversations conducted through the Services are stored and retained as described in the Privacy Notice.
26. Input, Output, and ownership
"Input" is what you submit to an AI Service. "Output" is what it returns. Together, "Content."
As between you and Kiara, you retain your rights in Input, and, subject to these Terms, we assign to you our rights in Output generated for you. You represent that you have all rights necessary to provide Input and that Input does not infringe any third-party right or violate any law.
Output is not unique. Other users may receive similar or identical Output from similar requests. We make no representation that Output is original, non-infringing, or that you may use it without third-party clearance.
We may use Content to provide, secure, troubleshoot, and improve the AI Services delivered to you, to enforce these Terms, to maintain safety, and to comply with law. We do not use identifiable Customer Data to train general-purpose or foundation models, and we contractually prohibit our model providers from doing so, unless a Customer has expressly opted in under a separate agreement.
27. AI Services do not make consequential decisions
This is a limitation on what the Services are designed and licensed to do, and it is material to the pricing and risk of this agreement.
AI Services are assistive tools. They are not designed, tested, validated, licensed, or authorized to make — or to serve as the sole or determinative basis for — any decision that produces a legal or similarly significant effect on an individual. Without limitation, they must not be used to:
- approve, deny, condition, or rank a rental or purchase application;
- score, rank, rate, or prioritize individuals;
- determine or apply eligibility, screening, or underwriting criteria;
- generate or determine an adverse action;
- set or negotiate rent, deposits, or fees for a specific individual;
- make or determine a decision about a reasonable accommodation or modification;
- initiate, determine, or support an eviction, lease termination, or non-renewal;
- make any decision regarding credit, insurance, employment, healthcare, education, legal services, or an essential government service.
A qualified human must make these decisions, using their own judgment, on a record they have independently reviewed. Customers are responsible for maintaining meaningful human review, for documenting it, and for the decisions themselves. Kiara has no responsibility for any decision made by or for a Customer, or for any use of AI Services in violation of this Section, and any such use is a material breach of these Terms.
28. Accuracy and reliance
AI and machine learning are evolving technologies. Output may be inaccurate, incomplete, outdated, biased, offensive, or misleading. It may fabricate facts, citations, figures, names, dates, and legal or regulatory requirements. Output does not represent Kiara's views.
You are solely responsible for evaluating Output for accuracy, legality, and fitness for your purpose before relying on, acting on, publishing, or sharing it. Do not rely on Output as a sole source of truth. Apply human review proportionate to the consequences.
AI Services are not a substitute for professional advice. Do not use them to obtain or provide legal, tax, accounting, financial, insurance, medical, or other professional advice. No professional relationship is created. Translation output should not be relied on where accuracy matters.
AI Services are not an emergency service and must not be used for situations involving risk to life, health, or property.
29. Prohibited uses of AI Services
In addition to Section 5, you will not use AI Services to:
- discriminate, steer, or differentiate among individuals on the basis of a protected characteristic, or to infer a protected characteristic in order to tailor housing-related communications, advertising, availability, pricing, or terms;
- generate content that harasses, defames, threatens, or encourages self-harm or violence;
- deceive or mislead, including impersonation, phishing, scams, or misrepresenting Output as human-generated where doing so is deceptive;
- circumvent safety mitigations, content filters, rate limits, or protective controls, including by prompt injection or adversarial input;
- extract, reconstruct, or reverse engineer the underlying models, weights, prompts, or training data;
- generate synthetic or manipulated media of a real person without their consent;
- develop, train, or improve a competing AI system or model.
30. Model providers and changes
We use third-party model providers to deliver some AI Services and may change providers, models, or model versions at any time. Behavior, quality, latency, and cost may change as a result. We do not guarantee that any specific model, version, or behavior will remain available, or that Output will be consistent or reproducible over time.
Sections 31–35 apply where you use Payment Services.
31. Who provides Payment Services
Payment processing is provided by Stripe, Inc. and its affiliates, subject to the Stripe Services Agreement and the Stripe Connected Account Agreement, which you accept when you enable payment functionality. Funds are collected, held, and settled by Stripe and disbursed to the deposit account the property company designates in the Services.
Kiara does not hold, custody, or control funds. Kiara provides the interface through which a payment is initiated, records the transaction, and reconciles it against the property company's ledger.
Kiara does not decide what you owe, whether a payment is late, whether a fee applies, or whether a refund is due. Those are determined by the property company under your agreement with it.
The property company is responsible for the accuracy of all amounts presented for payment, for any convenience or service fee it configures, and for compliance with applicable law governing the collection of rent and fees, including any state or local cap on or prohibition of fees charged to accept a rent payment.
32. Authorization
By adding a bank account, card, or other payment method (a "Payment Method") and scheduling a one-time or recurring payment, you authorize the debit and, where applicable, credit of that Payment Method for the amounts and on the dates you specify, together with any disclosed fees.
You represent that you are an authorized user of the Payment Method and have authority to authorize the transaction. You authorize verification of the Payment Method and its status, including through third-party verification services, and you authorize your financial institution to provide that information.
Recurring payments. You may authorize recurring payments in a fixed amount, a variable amount, or an amount based on your balance. For recurring payments of varying amounts from a consumer account, you are entitled to notice of amounts that fall outside the range you authorized. You may cancel a recurring authorization in the Services at least 3 business days before the next scheduled payment, or by notifying your financial institution. It is your responsibility to cancel recurring payments before you move out. Charges scheduled and not cancelled will continue.
In-process payments. A payment already in process cannot be changed or revoked except as required by law.
Amount and timing. You are responsible for complying with your underlying agreement regardless of the amount or date you schedule. Scheduling a payment through the Services does not modify that agreement. Payments may take several business days to settle. Limits may be imposed on transaction amounts, frequency, and Payment Method types, and may change at any time.
33. Fees, returns, and reversals
Fees. Any convenience, service, or transaction fee is disclosed before you complete a payment and is non-refundable. Your financial institution may charge separate fees. Fees may apply to refunds returned to a card.
Insufficient funds and returns. If a payment is returned for any reason — insufficient funds, closed account, stop payment, invalid information — you remain fully responsible for the underlying obligation. You may be charged a returned item fee, which may be debited from your account, and further fees if collection attempts also fail. Repeated returns may result in suspension of your ability to pay electronically.
Chargebacks. If a card payment is reversed by a chargeback, you remain responsible for the underlying obligation and for any resulting fees. Reversed amounts and associated costs may be recovered from you or from the property company.
Refunds and disputes. Refund requests must be directed to the property company; Kiara does not decide whether a refund is owed and does not issue refunds. Any dispute about an amount charged is between you and the property company.
Partial payments. Accepting a partial payment through the Services does not waive the property company's rights under your agreement or applicable law to pursue the remaining balance, and does not prevent it from taking action for unpaid amounts.
34. Financial crime compliance
Payment processing is subject to anti-money-laundering, sanctions, and financial-crime requirements imposed by Stripe and by law. Stripe may verify your identity, request documentation, screen transactions, and decline, delay, or limit any transaction or account. We may be legally prohibited from telling you the reason for any of these actions.
Prohibited transactions. You will not use Payment Services for any unlawful purpose, for transactions unrelated to a bona fide real estate or property management obligation, to evade sanctions or reporting requirements, or in a manner that violates card network rules or NACHA operating rules.
35. Error resolution and consumer rights
For electronic fund transfers from a consumer account, your rights are governed by the Electronic Fund Transfer Act and Regulation E, and by any error-resolution disclosure provided to you by the processor. In general, notify us promptly — and no later than 60 days after the statement on which the problem or error appeared — at payments@meetkiara.ai, with your name, account information, a description of the error, and the dollar amount. We will route your notice to the processor and to the property company and respond within the timeframes the law requires.
You may also have the right to revoke an authorization by contacting your financial institution. Contact them for their requirements and timing.
Nothing in these Terms limits any right you have under applicable consumer financial protection law.
Section 36 applies to everyone.
36. Electronic records, signatures, and messaging
Consent to electronic records. You consent to receive all notices, disclosures, agreements, statements, receipts, and records relating to the Services electronically ("e-Notices"), including those the law requires to be in writing. We may deliver e-Notices by email to your registered address, by posting in the Services, or by other electronic means. You are deemed to have received an e-Notice when we send or post it, whether or not you open it.
Electronic signatures. You consent to sign electronically and agree that an electronic signature has the same legal effect as a handwritten one under the federal E-SIGN Act and applicable state law.
Keep your contact information current. You must update your email address and mailing address in the Services promptly. Notices sent to the address on file are effective.
Paper copies and withdrawal. You may request a paper copy of any e-Notice required to be in writing at no charge by contacting legal@meetkiara.ai. You may withdraw consent to electronic delivery by contacting us; withdrawal may terminate your ability to use the Services, and does not affect obligations already incurred or the validity of records delivered before withdrawal.
Text messages. If you provide a mobile number and opt in, you consent to receive text messages relating to the Services from the property company and from Kiara acting on its behalf. Message frequency varies. Message and data rates may apply. Reply STOP to opt out of a program or HELP for assistance. Opting out of transactional messages may limit your ability to use certain features. We do not sell or rent your mobile number, and we do not send marketing messages without the consent the law requires.
Calls. If you provide a telephone number, you consent to receive calls relating to the Services at that number from the property company and from Kiara acting on its behalf. We will not use autodialed or prerecorded calls or texts for marketing without your prior express written consent. You may revoke consent at any time by any reasonable means.
Wireless device. You represent that you are the subscriber or authorized user of any number you provide and that you will notify us immediately if it changes or is reassigned.
Sections 37–42 apply to everyone.
37. Disclaimer of warranties
EXCEPT AS EXPRESSLY STATED IN SECTION 17, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY LAW, KIARA AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; THAT RESULTS WILL BE ACCURATE OR RELIABLE; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; OR THAT ANY OUTPUT OF AI SERVICES WILL BE ACCURATE, COMPLETE, LAWFUL, NON-INFRINGING, OR FIT FOR ANY PURPOSE.
WE MAKE NO WARRANTY REGARDING THIRD-PARTY SERVICES OR ANY DATA, CONTENT, OR SERVICES OBTAINED THROUGH THEM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KIARA OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.
Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the above exclusions apply to the fullest extent permitted, and any implied warranty that cannot be disclaimed is limited in duration to 90 days from first use.
38. Limitation of liability
Exclusion of indirect damages. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST GOODWILL, LOSS OF USE, LOSS OF DATA, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY IS LIABLE FOR ANY LOSS THAT WAS NOT REASONABLY FORESEEABLE.
Cap — Customers. KIARA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO KIARA FOR THE AFFECTED SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Cap — End Users. KIARA'S TOTAL AGGREGATE LIABILITY TO ANY END USER WILL NOT EXCEED THE GREATER OF (A) THE TOTAL TRANSACTION AND CONVENIENCE FEES KIARA RECEIVED FROM THAT END USER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT, OR (B) FIVE HUNDRED U.S. DOLLARS ($500).
Carve-outs. These limitations do not apply to: (a) a party's indemnification obligations under Section 39; (b) your obligation to pay fees; (c) your breach of Section 5, Section 6, or Section 29; (d) either party's gross negligence, willful misconduct, or fraud; or (e) any liability that cannot be limited by law.
Essential basis. These limitations apply even if a limited remedy fails of its essential purpose, and reflect an agreed allocation of risk that is a fundamental element of the pricing.
Some jurisdictions do not allow certain limitations. In those jurisdictions, our liability is limited to the greatest extent permitted.
39. Indemnification
By you. You will defend, indemnify, and hold harmless Kiara, its affiliates, and their officers, directors, employees, agents, licensors, and suppliers from and against any third-party claim, demand, action, or proceeding, and all resulting liabilities, damages, judgments, awards, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees), arising out of or relating to:
- your breach of these Terms or of any representation, warranty, or certification in them;
- Customer Data, including any claim that it infringes a third-party right or was collected, used, or disclosed unlawfully;
- your violation of law, including fair housing, fair lending, TCPA, CAN-SPAM, landlord-tenant, debt collection, real estate licensing, consumer protection, or privacy law;
- any decision you made regarding an applicant, resident, employee, owner, or vendor, including any adverse action;
- the content, timing, frequency, or manner of any communication you configured the Services to send;
- your use of AI Services in violation of Sections 27 or 29, or any reliance on Output;
- fees you charged and any claim that they were unlawful;
- your use of Third-Party Services; or
- the acts or omissions of your personnel and anyone using the Services through your account.
By Kiara. We will defend you against any third-party claim alleging that the Services, as provided by us and used in accordance with these Terms and the Documentation, infringe a U.S. patent, copyright, or trademark or misappropriate a trade secret, and will pay damages finally awarded or amounts we agree in settlement.
This obligation does not apply to a claim arising from: (a) Customer Data or Input; (b) Output, to the extent the claim arises from Input or from your use of Output; (c) modification of the Services by anyone other than us; (d) combination of the Services with anything not provided by us, where the claim would not have arisen but for the combination; (e) use after we notified you to stop; (f) use in violation of these Terms; or (g) Third-Party Services.
If the Services become, or we believe they may become, the subject of an infringement claim, we may, at our option, procure the right to continue use, replace or modify them to be non-infringing, or terminate the affected Service and refund prepaid, unused fees. This Section states our entire liability and your exclusive remedy for infringement claims.
Procedure. The indemnified party will promptly notify the indemnifying party of the claim, give it sole control of the defense and settlement (provided that no settlement imposing a non-monetary obligation or admission on the indemnified party may be made without its consent, not unreasonably withheld), and provide reasonable cooperation at the indemnifying party's expense. Failure to give prompt notice relieves the indemnifying party only to the extent it is materially prejudiced.
40. Force majeure
Neither party is liable for a failure or delay in performance (other than payment obligations) caused by circumstances beyond its reasonable control, including acts of God, natural disaster, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labor disturbance, governmental action, embargo, sanctions, failure of the internet or telecommunications networks, failure of a third-party service provider, cyberattack, or utility failure. The affected party will use reasonable efforts to mitigate and resume performance.
41. Dispute resolution — arbitration and class action waiver
PLEASE READ. THIS SECTION AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND TO HAVE A JURY TRIAL.
41.1 Scope. Except as stated in Section 41.7, you and Kiara agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and including all questions of arbitrability, scope, enforceability, formation, unconscionability, and waiver — will be resolved exclusively by final and binding individual arbitration, and not in court. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
41.2 Informal resolution is a required first step. Before starting an arbitration, the complaining party must send a written Notice of Dispute to the other and the parties must attempt to resolve the matter informally.
A Notice of Dispute from you must be sent to Kiara AI Inc, Attn: Legal, 8908 Washington St NE, Suite 102, Albuquerque, NM 87113 and must include your full legal name, the email address and phone number associated with your account, a description of the factual basis for the claim, and the relief sought.
Within 60 days of receipt, the parties will meet and confer by telephone or videoconference in good faith. Each conference addresses a single claimant's claims.
Completing this process is a condition precedent to arbitration. Statutes of limitation and filing deadlines are tolled from receipt of the Notice until 30 days after the conference.
41.3 Arbitration procedure. Arbitration will be administered by the American Arbitration Association ("AAA") under its rules in effect at the time — the Consumer Arbitration Rules for consumer disputes, the Commercial Arbitration Rules otherwise — as modified by this Section. The rules are available at adr.org.
The arbitration will be held in the county where you reside, at another mutually agreed location, or, at either party's election, by videoconference or on written submissions where the amount in controversy is $25,000 or less. The arbitrator must be a licensed attorney with substantial experience in the relevant area of law, will apply the applicable substantive law and honor recognized privileges, will follow these Terms, and will issue a reasoned written award. Judgment on the award may be entered in any court of competent jurisdiction.
41.4 Fees. Filing, administrative, and arbitrator fees are governed by the administrator's rules. For consumer claims where the amount in controversy is $25,000 or less, Kiara will pay those fees on your request, except that if the arbitrator finds your claim frivolous or brought for an improper purpose, you will reimburse us for fees we paid on your behalf that you would otherwise have owed. Each party bears its own attorneys' fees unless a statute or the arbitrator provides otherwise.
41.5 Class action waiver. YOU AND KIARA AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate or join claims of more than one person and may award relief only in favor of the individual party seeking relief and only to the extent necessary to that party's individual claim.
41.6 Mass arbitration. If twenty-five or more demands presenting common issues of law or fact are filed by or with the coordination of the same counsel or organization, the parties will cooperate with the administrator to group them into batches decided by a single arbitrator, with one set of filing and administrative fees per batch. Each claim within a batch is decided individually on its merits. A court, not the arbitrator, decides any challenge to the enforceability of Section 41.5 or this Section.
41.7 Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies and remains there on an individual basis; (b) seek injunctive or other equitable relief in court to protect intellectual property, confidential information, or to prevent unauthorized access to the Services; and (c) pursue any claim that applicable law makes non-arbitrable. Where a party has a non-waivable right to seek public injunctive relief, that request alone is severed and may be brought in court while all other claims proceed in arbitration.
41.8 30-day opt-out. You may reject this arbitration agreement. Mail written notice, postmarked within 30 days of the date you first accept these Terms, to Kiara AI Inc, Attn: Legal, 8908 Washington St NE, Suite 102, Albuquerque, NM 87113. Include your name, address, phone number, the email address associated with your account, and a clear statement that you reject arbitration. You must sign the notice personally. This is the only way to opt out. Opting out does not affect any other provision of these Terms, and has no effect on other arbitration agreements between us.
41.9 Jury trial waiver. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND KIARA EACH KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY.
41.10 Time limit. ANY CLAIM MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER IT ACCRUES, OR IT IS PERMANENTLY BARRED, except where a longer period is required by law and cannot be shortened by agreement.
41.11 Severability. If any part of this Section is held unenforceable, the remainder stays in effect, except that if Section 41.5 or 41.6 is held unenforceable as to a particular claim, that claim (and only that claim) will be severed and heard in court.
42. General
Governing law. These Terms are governed by the laws of the State of Delaware, excluding its conflict-of-laws rules and the U.N. Convention on Contracts for the International Sale of Goods. Consumers retain the benefit of mandatory protections of the law of their place of residence.
Venue. For any claim not subject to arbitration, the state and federal courts located in New Castle County, Delaware have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there and waives any objection based on inconvenient forum.
Notices. Legal notices to Kiara: Kiara AI Inc, Attn: Legal, 8908 Washington St NE, Suite 102, Albuquerque, NM 87113, with a copy to legal@meetkiara.ai. Notices to you: the email or postal address on file. Notices are effective on delivery, or on the next business day if by email.
Assignment. You may not assign or transfer these Terms without our prior written consent, except to a successor in connection with a merger or sale of substantially all assets, provided the successor is not our competitor and assumes all obligations. We may assign freely. Any prohibited assignment is void.
No third-party beneficiaries. These Terms create no rights in any person who is not a party, except that our affiliates, licensors, and suppliers are intended beneficiaries of Sections 37, 38, and 39.
Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship. Kiara does not act as agent for any Customer, End User, or other person.
Waiver and severability. No failure or delay in exercising a right waives it. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to be enforceable, or severed, and the remainder will stay in effect.
Entire agreement. These Terms, together with the Privacy Notice, any Data Processing Addendum, any product-specific terms, and any order form, are the entire agreement on their subject and supersede all prior and contemporaneous understandings. Any purchase order or vendor terms you issue are of no effect. Order of precedence: (1) a signed order form or master agreement; (2) product-specific terms; (3) any Data Processing Addendum, for data processing; (4) these Terms.
Export and sanctions. You will comply with U.S. export control and economic sanctions laws. You represent that you are not located in, ordinarily resident in, or organized under the laws of a comprehensively sanctioned jurisdiction, and are not a restricted party. We do not support access from jurisdictions barred by the U.S. Treasury Department's Office of Foreign Assets Control.
Copyright complaints. We respond to notices of claimed infringement under the Digital Millennium Copyright Act. Send notices with the elements required by 17 U.S.C. § 512(c)(3) to our designated agent at legal@meetkiara.ai or Kiara AI Inc, Attn: DMCA Agent, 8908 Washington St NE, Suite 102, Albuquerque, NM 87113. We may terminate the accounts of repeat infringers.
Survival. Any provision that by its nature should survive termination does so.
Language. These Terms are drafted in English. Any translation is for convenience only; the English version controls.
Contact. legal@meetkiara.ai · (505) 407-1633 · Kiara AI Inc, 8908 Washington St NE, Suite 102, Albuquerque, NM 87113