Kirx Pilot Terms

1. The pilot

Free. We do not charge for the pilot and will not ask for a payment method. Any paid plan will come with its own terms, and you will choose whether to accept them.

Experimental. Kirx is early software. It is provided for evaluation, as is, with no warranty, no support commitment and no uptime commitment. Data may be lost.

Feedback. You agree to share reasonable feedback. We may talk with you and review your conversations and call records to fix problems and improve Kirx.

Confidential. Do not share non-public Kirx features, pricing or plans outside your business.

Either side can stop. You can leave at any time. We can change, pause or end the pilot, or your place in it, at any time.

2. Who can join

You must be at least 18, located in the United States, and using Kirx for a business, not for personal use. The pilot is not open to businesses covered by HIPAA, such as medical practices, physical therapy clinics and medical spas run by a medical provider, or to businesses that mainly serve children under 13. Keep your phone, devices and logins secure. You are responsible for everything done through your account, including by your staff.

3. What Kirx AI does, and its limits

3.1 It acts for you. Kirx AI answers calls and messages to your business, books, changes and cancels appointments according to your settings, and sends confirmations, reminders and updates. You authorize it to do this for you. Appointments are between you and your clients. Kirx is not a party to them.

3.2 It says it is AI, and calls are recorded. At the start of every call and conversation, Kirx AI says it is an AI assistant and, on calls, that the call is recorded. Calls are recorded and transcribed, and messages are stored. You may not turn these notices off, change them, or tell Kirx AI to claim to be human.

3.3 It makes mistakes. Kirx AI can mishear, misunderstand, book the wrong time or service, quote a wrong price, miss a call or fail to send a message. You are responsible for keeping your information accurate, checking your calendar and conversations, and fixing errors with your clients. You can pause Kirx AI and take over at any time.

3.4 No professional advice. Kirx AI does not give medical, health, legal or financial advice and is not a licensed professional.

3.5 Not an emergency service. KIRX IS NOT A PHONE COMPANY AND CANNOT REACH 911. Keep another way to receive urgent calls, and a fallback such as voicemail in case Kirx is unavailable.

4. Your responsibilities

Your business is yours. You are responsible for your services, prices, policies, staff, licenses and your relationship with your clients.

Follow the law. That includes laws on texting, telemarketing, call recording, privacy and consumer protection.

Permission to contact. You confirm that every client phone number you give us or import belongs to someone who agreed to be contacted by your business about their appointments.

Tell your clients. State on your website, booking page or privacy notice that calls and messages may be answered by an AI assistant from Kirx and may be recorded.

No sensitive data. Do not give Kirx, or have Kirx AI ask for, medical details, card numbers, government ID numbers, passwords, or information about children under 13.

5. Calls and texts

Appointment messages only. Kirx sends replies, confirmations, reminders, changes and similar service messages. You may not use Kirx for promotions, advertising, review requests, or any message to people who have not contacted or booked with you.

Opt-outs. Kirx honors STOP and similar requests. You may not ask us to message someone who has opted out.

You are the sender. Messages about your business are sent for you, even when they come from a Kirx number shared with other businesses.

We can block. We may hold or block any call or message we think could break the law, these Terms, or carrier or channel rules. Carriers and channels such as Apple and Meta may also filter or block messages.

Numbers. We control any phone number we assign and may change it. If you forward calls to Kirx, your carrier’s forwarding settings and charges are yours.

6. Connected services

When you connect a service such as Square, Vagaro or Google, you authorize Kirx to read and change the data in it that Kirx needs, including your calendar, services, staff and client records. You confirm you have the right to give that access. Those services have their own terms, and they can change or cut off access at any time. If your calendar changes outside Kirx, Kirx AI may offer a time that is gone, so your own calendar is the source of truth. Kirx is not affiliated with or endorsed by Apple, Meta, Google, Square or Vagaro.

7. Acceptable use

Do not use Kirx to break the law, send spam, mislead anyone about who is calling, impersonate a person or business, harass anyone, or make decisions about someone’s credit, housing, insurance, employment or health care. Do not attack, overload, reverse engineer, scrape or resell Kirx, try to make Kirx AI ignore its rules or reveal another business’s data, or use Kirx to build a competing product or train an AI model. We may suspend any account that we believe breaks these rules.

8. Data and privacy

8.1 Your data. You own your business information and your clients’ information (“Client Data”). You let Kirx use it only to run the pilot for you, keep it secure, fix and improve Kirx, prevent abuse, and comply with the law.

8.2 Our role. For Client Data, you decide why and how it is used, and Kirx is your service provider and processor. We will not sell Client Data, share it for advertising, use it outside our relationship with you, combine it with data from other sources except as the law allows a service provider to do, or use it to train AI models. We do not create voiceprints. How our providers may use it is described in the Privacy Policy.

8.3 Providers and location. We use the providers listed in the Privacy Policy, under written terms that protect Client Data. Data is stored in the United States. Our team in Thailand accesses it to run and support Kirx.

8.4 Security. We use reasonable safeguards, including encryption in transit, access controls and separation of each business’s data. If we confirm unauthorized access to Client Data, we will tell you within 72 hours and help you respond.

8.5 Requests and deletion. We pass client privacy requests to you and help you answer them. We honor opt-outs directly. When you leave the pilot, we delete Client Data within 30 days, except opt-out records and anything the law requires us to keep.

8.6 Your promise. You confirm you have given the notices and have the permissions needed for Kirx to handle Client Data this way.

8.7 State privacy laws. This Section is the service provider contract those laws require. Kirx will comply with the privacy laws that apply to it as a service provider, will tell you if it can no longer do so, and will give you the information you reasonably need to check its compliance. You may take reasonable steps to stop any unauthorized use of Client Data.

8.8 Aggregated data. We may use data that does not identify you, your staff or any client, such as call counts, to measure and improve Kirx.

9. Texts from Kirx to you

When you give us your phone number, you agree to receive texts from Kirx at that number, including automated ones: sign-in codes, waitlist and pilot updates, booking notifications for your business, and support replies. Booking notifications are the core of Kirx and may be frequent. Message and data rates may apply. Reply STOP to stop and HELP for help, or email team@kirx.com. If you reply STOP, Kirx may not work for you until you reply START. Carriers are not liable for delayed or undelivered messages. We do not share mobile numbers or texting consent with third parties for marketing.

10. If you call or text a business that uses Kirx

You are talking to AI. Kirx AI is an automated assistant working for the business you contacted. Ask for a person at any time and it will pass your request to the business.

Calls are recorded. Calls are recorded and transcribed, and messages are stored, so your request can be handled. If you do not agree, end the call and contact the business another way.

Your booking is with the business. The business provides your appointment and sets prices and policies. Kirx AI can make mistakes, so check your confirmation.

Messages. By giving your number to book or ask a question, you agree to receive calls and texts about that request and your appointments. They may be automated or use an AI voice. Message and data rates may apply. Reply STOP to opt out.

Not for emergencies. Kirx AI cannot reach 911 and does not give medical advice. Do not share card numbers, ID numbers or health details.

Your privacy. See our Privacy Policy. To see or delete your information, contact the business or email team@kirx.com.

Legal terms. Sections 13, 14, 16 and 17 apply to you when you continue a call or conversation after being told about these Terms.

11. Ownership and feedback

Kirx and its licensors own Kirx, including its software, AI systems, name, logo and mascot. You may use Kirx for your own business during the pilot. You confirm you have the rights to the content you give us. If you give us feedback, we may use it freely and without payment.

12. Ending the pilot

Either of us can end your participation at any time by telling the other. Before you leave, turn off call forwarding to Kirx with your carrier and disconnect your connected services. After that, Kirx AI stops answering for you, and we handle your data as described in Section 8.5. Sections 8 and 10 to 18 continue to apply.

13. No warranty

KIRX, KIRX AI AND EVERYTHING THEY PRODUCE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT THE LAW ALLOWS, KIRX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KIRX DOES NOT PROMISE THAT IT WILL ANSWER EVERY CALL OR MESSAGE, BOOK CORRECTLY, DELIVER EVERY MESSAGE, STAY AVAILABLE, PRODUCE ANY BOOKINGS OR REVENUE, OR MAKE YOUR BUSINESS COMPLIANT WITH ANY LAW. SAMPLE WORDING AND DEFAULT SETTINGS ARE NOT LEGAL ADVICE.

14. Limit of liability

TO THE FULLEST EXTENT THE LAW ALLOWS: (A) KIRX AND ITS OWNERS, OFFICERS, STAFF AND PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BOOKINGS, CLIENTS, GOODWILL OR DATA; AND (B) THEIR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO KIRX OR THESE TERMS WILL NOT EXCEED US$100. THESE LIMITS APPLY TO EVERY LEGAL THEORY, AND THEY ARE THE BASIS ON WHICH KIRX IS OFFERED FREE.

Nothing here limits liability that the law does not allow to be limited. Any claim must be started within one year after it arose.

15. Your indemnity

If you are a business, you will defend and cover Kirx and its owners, officers, staff and providers against claims, fines, losses and costs, including reasonable attorneys’ fees, that arise from:

• your business, or a dispute with your client;
• calls and messages sent for you, including claims under texting and telemarketing laws;
• a notice or permission you were required to give or get and did not;
• information or instructions you gave Kirx;
• data these Terms prohibit; or
• your breach of these Terms or the law.

Kirx may control the defense at your cost.

16. Disputes: arbitration and class action waiver

16.1 Talk first. Before any arbitration or court case, the party with a complaint must email the other a signed notice describing the claim and what it wants. Send yours to team@kirx.com with the subject “Notice of Dispute.” Both sides will try to resolve it for 60 days. Deadlines are paused during that time.

16.2 Arbitration. Any dispute that is not resolved, arising from or related to Kirx, these Terms, any call or message, or our data practices, will be decided only by binding individual arbitration, not in court. The American Arbitration Association will administer it under its Commercial Rules for a business, or its Consumer Rules for an individual. One arbitrator decides. Hearings are by video or phone, or in person near you or in New York, New York, as you choose. The Federal Arbitration Act applies. The arbitrator decides whether a dispute can be arbitrated, except that a court decides whether Section 16.3 is enforceable.

16.3 CLASS ACTION AND JURY WAIVER. YOU AND KIRX EACH WAIVE A JURY TRIAL AND THE RIGHT TO BRING OR JOIN ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. CLAIMS MAY BE BROUGHT ONLY INDIVIDUALLY. If this waiver cannot be enforced for a claim, that claim alone goes to court after the arbitration ends.

16.4 Exceptions. Either side may use small claims court for an individual claim, or go to court to stop misuse of intellectual property or unauthorized access.

16.5 Opt out. You may opt out of arbitration by emailing team@kirx.com with the subject “Arbitration Opt-Out” within 30 days after you first accept these Terms or, if you are a caller, after your first call or message with Kirx AI. Include your name and the phone number you use with Kirx.

16.6 Costs. Each side pays the fees the rules assign to it and its own attorneys’ fees, unless the law or the arbitrator says otherwise.

17. General

Law and courts. New York law governs these Terms, apart from Section 16. Any dispute that is not arbitrated or in small claims court will be heard only in the state or federal courts in New York County, New York. This does not remove consumer protections that the law of an individual’s home state does not allow to be waived.

Changes. We may update these Terms and will give you notice by text, email or in Kirx before a material change takes effect. Continuing to use Kirx means you accept it.

Transfer. You may not transfer these Terms. Kirx may transfer them to an affiliate or to a successor company, including a United States company formed to operate Kirx, by giving you notice.

Electronic records. You agree to receive notices and to sign electronically. A click, tap or text reply counts as your signature.

English. If a translation differs from the English version, the English version controls.

Whole agreement. These Terms are the entire agreement about the pilot. If part of them cannot be enforced, the rest still applies. Not enforcing a term is not a waiver.

Beyond our control. Kirx is not liable for failures caused by carriers, networks, channels, cloud or AI providers, or other events beyond its reasonable control.

Copyright. To report content on Kirx that infringes your copyright, email team@kirx.com with the work, the content, your contact details and a signed statement that your claim is accurate.

18. Contact

team@kirx.com

Bowers Innovation Co., Ltd. (Kirx), 118/9 Rama VI Road, Phaya Thai, Bangkok 10400, Thailand