- Who we are and what you are agreeing to
- Key terms used in this agreement
- Who can use Klyphe
- What we let you do
- Connecting Klyphe to other platforms
- Your responsibility for messaging consent
- Your data and how we handle it
- How we process personal data on your behalf
- The vendors that help us run the Service
- How we protect your data
- Using AI-generated content responsibly
- Pricing and billing
- Support and availability
- What you may not do
- Ownership of the platform
- Protecting each other's information
- The Service is provided "as is"
- Limits on what we owe you
- Covering claims that arise from your use
- Rights that cannot be waived
- Starting and ending your use
- How we update these Terms
- Which laws apply and how disputes are resolved
- Other important terms
- Get in touch
Who we are and what you are agreeing to
These Terms & Conditions (the "Terms") form a binding agreement between you ("you", "your", or "Customer") and Bodhelios Pvt Ltd, a company incorporated in India (CIN: U63119MR2026PTC479857) ("Klyphe", "we", "us", or "our"), which operates the Klyphe platform.
They apply to your access to and use of the Klyphe website, waitlist, applications, dashboards, APIs, and all related products and services (together, the "Service").
By joining the waitlist, creating an account, clicking to accept, or otherwise accessing or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, you must not access or use the Service.
Klyphe is currently in a pre-launch and waitlist phase. Some features may be limited, in beta, or subject to change, and certain commercial terms (including pricing and billing) will be provided to you separately before they take effect.
Key terms used in this agreement
- Service means the Klyphe platform and all associated websites, applications, features, and services we make available to you.
- Account means the registered account through which you access the Service.
- Customer Data means any data, content, files, messages, catalogues, or information that you or your end users submit to, or that is processed through, the Service.
- End Customer means an individual who interacts with you through the Service, for example a shopper who messages your brand over WhatsApp or Instagram.
- Output means content, responses, recommendations, or other results generated by the Service's AI features in response to inputs.
- Integrations means third-party platforms and services that connect to the Service, such as Shopify, Wix, and Meta (Instagram and WhatsApp).
- Sub-Processor means a third party engaged by us that processes Customer Data to help deliver the Service.
- Subscription means a paid plan for the Service, once such plans are made available.
- Applicable Data Protection Law means all laws relating to data protection and privacy that apply to a party's processing of personal data, including India's Digital Personal Data Protection Act, 2023 (the "DPDP Act") and, where relevant, the EU and UK General Data Protection Regulation ("GDPR").
Who can use Klyphe
The Service is intended solely for businesses and professional use (B2B). It is not offered for personal, household, or consumer use, and it is not directed at consumers.
To use the Service, you must be at least 18 years old and legally able to enter into a binding contract. If you use the Service on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.
The Service is available worldwide. However, you are responsible for ensuring that your use complies with all laws that apply to you in your location, and we may restrict or withdraw access where required by law, sanctions, or platform policies.
Your account
You must provide accurate and complete information when registering and keep it up to date. You are responsible for safeguarding your login credentials and for all activity that occurs under your Account. You must notify us promptly at support@klyphe.com if you suspect any unauthorised access or security breach.
What we let you do
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Service for your internal business purposes.
We may update, improve, add, or remove features at any time. During the pre-launch and beta periods in particular, the Service may change, and functionality is not guaranteed.
Restrictions
You must not, and must not permit others to:
- copy, modify, reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent this restriction is prohibited by law;
- rent, lease, sell, sublicense, or otherwise make the Service available to third parties, except as expressly permitted;
- scrape, harvest, or extract data from the Service using automated means beyond documented APIs;
- circumvent usage limits, security measures, or access controls;
- use the Service to build a competing product or service; or
- use the Service for any unlawful, infringing, or harmful purpose.
Connecting Klyphe to other platforms
Klyphe connects with third-party platforms and services, including Shopify, Wix, and Meta (Instagram and WhatsApp), as well as third-party payment processors. These Integrations let you connect your store, catalogue, and messaging channels to the Service.
Your use of any third-party platform is governed by that platform's own terms and policies. You are responsible for maintaining your own accounts and authorisations with those platforms and for complying with their rules, including messaging and advertising policies.
By connecting an Integration, you authorise Klyphe to access, exchange, and process data with that platform as needed to provide the Service.
We are not responsible for third-party platforms, their availability, or any changes to their APIs, policies, or pricing that may affect how the Service works. If a third-party platform changes or discontinues access, some features may be limited or unavailable.
Your responsibility for messaging consent
The Service lets you communicate with your End Customers over channels including WhatsApp and Instagram. These channels are powered by third parties and are subject to strict messaging rules.
You are solely responsible for obtaining and maintaining all consents and opt-ins required to message your End Customers, and for doing so in line with Applicable Data Protection Law, anti-spam and electronic-communications laws, and the policies of the relevant platform (including the WhatsApp Business messaging policy and Meta's messaging and commerce policies).
You must:
- collect and keep records of valid consent before sending messages where consent is required;
- honour opt-out, stop, and unsubscribe requests promptly;
- only send message content that complies with applicable law and platform rules; and
- not use the Service to send unlawful, deceptive, or unsolicited messages.
Third-party platforms may throttle, suspend, or ban accounts, or impose fees, for messaging that breaches their rules. We are not responsible for any such action, for the accuracy of consent you rely on, or for the content of the messages you choose to send.
Your data and how we handle it
As between you and us, you own your Customer Data. You grant us a worldwide, non-exclusive licence to host, store, process, and transmit Customer Data solely as needed to provide, secure, and maintain the Service, and as otherwise described in these Terms and our Privacy Policy.
You are responsible for ensuring you have all necessary rights, permissions, and consents for any Customer Data you provide, including personal data relating to your End Customers that is processed through Klyphe's messaging and chatbot features.
Use of data to improve our AI
We may use aggregated and anonymised or de-identified data to develop, train, and improve our AI models and the Service. We do not use identifiable Customer Data to train our models, and anonymised data cannot reasonably be used to identify you or your End Customers.
Where data originates from a connected third-party platform, we will not use it in any manner that platform's rules prohibit. In particular, data obtained through Meta and WhatsApp Integrations will not be used to train AI models where Meta's platform policies restrict that use.
Our detailed privacy practices are set out in our Privacy Policy. The processing of personal data on your behalf is further governed by the Data Processing terms below.
How we process personal data on your behalf
This section applies where we process personal data contained in Customer Data on your behalf (for example, your End Customers' contact details and chat messages). It forms our data processing terms and applies in addition to Applicable Data Protection Law.
Roles of the parties
For personal data we process on your behalf, you act as the data fiduciary or controller and we act as the data processor. For personal data we process for our own purposes (such as account administration and billing), we act as the data fiduciary or controller.
Our commitments
When acting as your processor, we will:
- process personal data only on your documented instructions (including these Terms), unless required to act otherwise by law;
- ensure that personnel authorised to process personal data are bound by confidentiality;
- implement appropriate technical and organisational security measures, as described in the Security section;
- assist you, so far as reasonably possible and taking into account the nature of processing, with responding to requests from data principals or data subjects and with your own security, breach-notification, and impact-assessment obligations; and
- make available information reasonably necessary to demonstrate compliance with these terms.
Breach notification
We will notify you without undue delay, and in any event within 72 hours, after becoming aware of a personal data breach affecting Customer Data, and will provide the information reasonably available to us to help you meet your own notification obligations.
Sub-processors and transfers
You authorise us to engage Sub-Processors as described in the Sub-Processors section, and we remain responsible for their compliance with these terms. Customer Data may be processed in countries other than your own, including outside India or the EEA. Where an international transfer requires additional safeguards, we will put in place an appropriate mechanism recognised under Applicable Data Protection Law (such as standard contractual clauses or an equivalent).
Return and deletion
On termination, we handle Customer Data as described in the Term, Suspension & Termination section. Where we and you have signed a separate Data Processing Addendum, that addendum will prevail over this section to the extent of any conflict on data-protection matters.
The vendors that help us run the Service
To provide the Service, we engage Sub-Processors that may process Customer Data. We enter into agreements with each Sub-Processor that require it to protect personal data and to use it only for the purposes we specify. Our current Sub-Processors are listed below, and are also available on request by emailing support@klyphe.com.
| Provider | Function | Data processed | Location |
|---|---|---|---|
| Paddle | Payment processing (Customers outside India) | Billing and transaction data | United Kingdom / EU |
| Razorpay | Payment processing (Customers in India) | Billing and transaction data | India |
Connected platforms that you choose to link, such as Shopify, Wix, and Meta (Instagram and WhatsApp), are not Sub-Processors. They exchange data with the Service at your direction and process it under their own terms and privacy policies.
Notice of changes
We will update the list above when we add or replace a Sub-Processor. Where you have an active account, we will provide a mechanism to be notified in advance of a new Sub-Processor that will process Customer Data, and a reasonable period during which you may object on reasonable data-protection grounds. If we cannot resolve a legitimate objection, you may terminate the affected part of the Service.
How we protect your data
We implement and maintain technical and organisational measures designed to protect Customer Data against unauthorised access, loss, or disclosure. These measures include:
- encryption of data in transit using industry-standard protocols (such as TLS), and encryption of data at rest;
- role-based access controls applied on a least-privilege basis;
- network and application security controls;
- logging and monitoring of access to systems that process Customer Data;
- regular backups; and
- confidentiality obligations on personnel with access to Customer Data.
No method of transmission or storage is completely secure, and we cannot guarantee absolute security. You are responsible for security within your control, including safeguarding your credentials and managing access to your Account.
Using AI-generated content responsibly
The Service uses artificial intelligence to generate responses, messages, content, and recommendations ("Output") based on the inputs you and your End Customers provide.
Ownership of Output
As between you and us, and to the extent we hold any rights in Output generated for you, we assign those rights to you. This is conditional on your compliance with these Terms and on you holding the necessary rights in the inputs used to generate that Output.
Because of how AI works, Output is not guaranteed to be unique. Similar or identical Output may be generated for other users, and we remain free to develop and provide Output that resembles yours. You may not claim exclusive rights over Output to the extent it is not unique.
Accuracy and human oversight
AI can make mistakes. Output may be inaccurate, incomplete, outdated, or otherwise unsuitable, and it does not constitute professional, legal, financial, or other specialist advice. You are responsible for reviewing Output and applying appropriate human oversight before relying on, publishing, or acting on it. You are solely responsible for any Output you choose to use.
You must not use the AI features to generate content that is unlawful, deceptive, harmful, infringing, or in breach of any third-party platform's policies.
Pricing and billing
Klyphe is currently offered on a pre-launch and waitlist basis. The full details of our paid subscription plans, including pricing, plan features, billing cycles, applicable taxes, any trials, and refund terms, will be published and provided to you before any charges apply.
When paid plans launch, payments will be processed by our third-party payment processors, being Paddle for customers outside India and Razorpay for customers in India, and will be subject to their respective terms. We do not store your full payment card details.
Unless stated otherwise, fees will be exclusive of applicable taxes (including GST and any similar taxes), which you will be responsible for paying.
Auto-renewal and cancellation
Unless stated otherwise in the applicable plan terms, paid Subscriptions renew automatically at the end of each billing cycle at the then-current rates, until cancelled. You may cancel at any time through your Account or by contacting support@klyphe.com. Cancellation takes effect at the end of the current billing cycle, and you retain access until then.
Refunds
Except where required by Applicable Data Protection Law or other mandatory law, fees are non-refundable, and no refunds or credits are provided for partial billing periods or unused Services. Any more specific refund terms will be set out with the applicable plan.
Support and availability
During the pre-launch period, we provide support on a reasonable-efforts basis by email at support@klyphe.com. We aim to acknowledge support requests within a reasonable time, targeting two business days, though response times are not guaranteed at this stage.
We may carry out scheduled and emergency maintenance. We will use reasonable efforts to give advance notice of scheduled maintenance and to minimise disruption to the Service.
No uptime or availability service level applies during the pre-launch period, and the Service is provided as described in the Disclaimers section. Specific service levels, including uptime targets and any service credits, may be offered for certain paid tiers and, where offered, will be set out in separate service level terms.
What you may not do
You agree not to use the Service, and not to allow anyone to use the Service, to:
- violate any applicable law or regulation, or infringe the intellectual property or privacy rights of others;
- send spam or unsolicited messages in breach of law or of platform policies (including WhatsApp and Meta messaging rules);
- upload or transmit malware, or attempt to gain unauthorised access to any system or data;
- interfere with, disrupt, or place an unreasonable load on the Service or its infrastructure;
- misrepresent your identity or affiliation, or use Output to deceive or mislead;
- reverse engineer, resell, or provide unauthorised access to the Service; or
- breach the terms of any connected third-party platform.
We may investigate suspected violations and may suspend or terminate access where we reasonably believe these Terms have been breached.
Ownership of the platform
We and our licensors own all rights, title, and interest in and to the Service, including all software, models, designs, and trademarks (including the "Klyphe" name and logo). Except for the limited licence expressly granted to you in these Terms, no rights are transferred to you.
Feedback
If you give us feedback, suggestions, or ideas about the Service, you grant us a perpetual, royalty-free right to use them without any obligation or compensation to you.
Your marks
You grant us a limited licence to use your name and logo as needed to provide the Service and, unless you tell us otherwise, to identify you as a customer in our marketing.
Protecting each other's information
Each party may have access to confidential information of the other. The receiving party must protect that information with reasonable care and use it only to perform its obligations under these Terms.
Confidentiality obligations do not apply to information that is or becomes public through no fault of the receiving party, is independently developed without use of the disclosing party's information, or is required to be disclosed by law, in which case reasonable notice should be given where permitted.
The Service is provided "as is"
The Service and all Output are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by law, we disclaim all warranties, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Service will be uninterrupted, secure, error-free, or that Output will be accurate or reliable.
We do not commit to any specific uptime or availability during the pre-launch period. You use the Service at your own risk. This section applies only to the extent permitted by law and is subject to the Consumer & Statutory Rights section below.
Limits on what we owe you
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or exemplary damages, or for any loss of profits, revenue, data, business, or goodwill, arising out of or relating to the Service or these Terms.
Subject to the carve-outs below, our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total fees you paid to us in the twelve (12) months immediately before the event giving rise to the claim, or (b) INR 50,000 (or the equivalent of USD 500). Where no fees have been paid, for example during the waitlist or any free-of-charge period, our liability is limited to the amount in (b).
Carve-outs
The exclusions and the cap above do not apply to:
- either party's indemnification obligations under these Terms;
- a party's breach of its confidentiality obligations;
- a party's liability for a personal data breach caused by its own breach of its data-protection or security obligations;
- your obligation to pay fees;
- infringement of the other party's intellectual property rights; or
- any liability that cannot be excluded or limited under applicable law.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
Covering claims that arise from your use
You agree to indemnify and hold us (and our officers, directors, employees, and affiliates) harmless from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: your Customer Data; your use of the Service; your use of any Output; your messaging of End Customers or failure to obtain required consents; your breach of these Terms or applicable law; or your violation of any third-party platform's terms.
Rights that cannot be waived
The Service is intended for business use. However, to the extent that any mandatory consumer-protection rights or other non-waivable statutory rights apply to you under the laws of your jurisdiction, including where applicable India's consumer-protection laws, nothing in these Terms limits or excludes those rights.
Where such rights apply, the disclaimers, limitations, and exclusions in these Terms apply only to the extent permitted by those laws, and the rest of these Terms continue to apply.
Starting and ending your use
These Terms apply for as long as you access or use the Service. You may stop using the Service, or cancel any Subscription, in accordance with the applicable plan terms.
We may suspend or terminate your access to the Service, in whole or in part, if you breach these Terms, if we are required to by law, if we reasonably believe there is a risk to the Service or other users, or for non-payment once paid plans are in effect.
Effect of termination
On termination, your right to access the Service ends. Provisions that by their nature should survive, including those on intellectual property, confidentiality, data processing, disclaimers, limitation of liability, indemnification, and governing law, will continue to apply.
Data after termination
After termination, we will retain your Customer Data for a period of 60 days to allow you to export it, after which we may delete it, unless a longer retention period is required by law.
How we update these Terms
We may modify the Service and these Terms from time to time. When we make material changes, we will update the "Last updated" date at the top of this page and take reasonable steps to notify you, for example by email or through the Service.
Your continued use of the Service after changes take effect constitutes your acceptance of the updated Terms. If you do not agree to the changes, you should stop using the Service.
Which laws apply and how disputes are resolved
These Terms are governed by and construed in accordance with the laws of India, without regard to conflict-of-law principles.
Any dispute, controversy, or claim arising out of or relating to these Terms or the Service will be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. The arbitration will be conducted by a sole arbitrator, the seat and venue of arbitration will be Mumbai, Maharashtra, India, and the proceedings will be conducted in English.
Subject to the arbitration provision above, the courts of Mumbai, Maharashtra will have exclusive jurisdiction, and either party may seek interim or injunctive relief from those courts. This section is subject to any mandatory rights you have under the Consumer & Statutory Rights section.
Other important terms
- Notices. Notices to us should be sent to support@klyphe.com. We may send notices to you via your Account or the email address associated with it.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
- Severability. If any provision is found unenforceable, the remaining provisions will remain in full force and effect.
- No waiver. A failure to enforce any provision is not a waiver of our right to do so later.
- Entire agreement. These Terms, together with the Privacy Policy, any Data Processing Addendum, and any applicable plan or order terms, form the entire agreement between you and us regarding the Service.
- Relationship. The parties are independent contractors; nothing here creates a partnership, agency, or employment relationship.
Get in touch
If you have any questions about these Terms, please contact us:
- Bodhelios Pvt Ltd (operator of Klyphe)
- CIN: U63119MR2026PTC479857
- Email: support@klyphe.com