1. Definitions and Rules of Interpretation
Capitalized terms are interpreted according to their defined meaning in this document, the Terms of Service, an applicable Order Form, Data Processing Agreement, Business Associate Agreement, or other incorporated instrument. "Customer" means the legal entity purchasing or using the Services. "Authorized User" means an individual permitted by Customer to access an account. "Customer Data" means data submitted to or processed through the Services on Customer's behalf. "AI Output" means content, classifications, summaries, responses, or actions generated or materially assisted by artificial intelligence.
Headings are for convenience and do not limit interpretation. "Including" means including without limitation. References to laws include amendments and successor provisions. If an Order Form or signed enterprise agreement conflicts with a public policy, the more specific negotiated provision controls only to the extent of the conflict, unless the applicable document expressly states a different order of precedence.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
2. Copyright and Proprietary Materials
Unless otherwise stated, original Kovinex website text, documentation, software, interface elements, graphics, workflows, and other proprietary materials are owned by or licensed to Kovinex LLC and protected by applicable intellectual-property law. Third-party marks remain the property of their owners.
No public availability of material creates a license to reproduce, scrape, republish, sell, or commercially exploit it. Limited quotations and uses permitted by law remain unaffected.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
3. Copyright Complaints and DMCA Status
Kovinex respects intellectual-property rights and accepts good-faith copyright complaints at legal@kovinex.com. A complaint should identify the copyrighted work, allegedly infringing material and location, claimant contact information, good-faith belief, accuracy and authority statement, and signature.
Kovinex will not represent that it has a registered DMCA designated agent unless and until the required U.S. Copyright Office designation has actually been completed and the website disclosure matches the registration. If Kovinex later relies on the applicable DMCA safe-harbor framework, its published agent information must be kept current.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
4. Intellectual Property and Reservation of Rights
Kovinex and its licensors retain all rights in the Services, software, interfaces, workflows, documentation, designs, models, prompts developed independently of Customer Data, trademarks, trade secrets, and underlying technology. No ownership transfers to Customer. Customer receives only the limited right to use the Services during the authorized subscription term.
Customer may not copy, resell, sublicense, reverse engineer, circumvent technical protections, create unauthorized derivative services, or use Kovinex confidential materials to build a competing service except to the extent such restriction is prohibited by law. Customer retains ownership of its pre-existing materials and Customer Data.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
5. Customer Data; Ownership; License
As between Kovinex and Customer, Customer retains its rights in Customer Data. Customer grants Kovinex and its approved subprocessors a limited, non-exclusive right to host, transmit, reproduce, transform, analyze, and otherwise process Customer Data only as reasonably necessary to provide, secure, support, troubleshoot, and administer the contracted Services, comply with documented instructions, and satisfy applicable legal obligations.
Customer represents that it has all rights, notices, consents, authorizations, and lawful bases necessary to provide Customer Data and instruct Kovinex to process it. Kovinex does not acquire ownership of Customer Data merely by processing it. Data-processing obligations are further governed by the DPA and, where applicable, a properly executed Business Associate Agreement.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
6. Compliance with Laws and Provider Rules
Each party will comply with laws applicable to its own performance. Customer is specifically responsible for laws governing its professional practice, communications, advertising, privacy notices, call recording, consent, consumer protection, accessibility, records, and regulated data.
Customer must also comply with reasonable carrier, messaging, cloud, AI-provider, payment-network, and integration rules that are communicated to Customer and necessary for lawful or reliable operation. Kovinex may modify technical workflows when required to comply with binding provider restrictions or law.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
7. Suspension and Protective Measures
Kovinex may temporarily suspend or restrict all or part of the Services when reasonably necessary to address nonpayment, fraud, security threats, unlawful conduct, provider restrictions, material policy violations, or imminent risk to the platform or third parties. Where circumstances permit, Kovinex will provide notice and a reasonable opportunity to cure before suspension.
Emergency action may occur without advance notice when delay would create material security, legal, operational, or safety risk. Suspension does not waive Customer's payment obligations for valid charges already incurred. Kovinex will restore access when the underlying issue is reasonably resolved, subject to applicable termination rights.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
8. Termination; Effect; Survival
The relationship may be terminated as provided in the applicable agreement. Upon termination, Customer's right to access the Services ends except for any agreed transition or export period. Outstanding undisputed amounts become due. Kovinex may retain data for limited periods where required for legal compliance, security, backup integrity, dispute resolution, or as otherwise described in the DPA and Privacy Policy.
Provisions that by their nature should survive termination remain effective, including accrued payment obligations, confidentiality, intellectual property, limitations of liability, indemnification, dispute provisions, and data-protection obligations that apply to retained information.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
9. Governing Law; Venue
Unless a signed agreement states otherwise, the relationship is governed by the laws of the State of Florida, without regard to conflict-of-law rules. Subject to any mandatory law and agreed dispute procedure, state and federal courts having jurisdiction over Highlands County, Florida will have exclusive venue for judicial proceedings.
Nothing prevents either party from seeking temporary or emergency equitable relief to protect confidential information, intellectual property, security, or systems where such relief is legally available.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
10. Dispute Resolution and Informal Resolution
Before filing a non-emergency claim, the parties should attempt in good faith to resolve the dispute through business escalation. A written dispute notice should describe the issue, relevant facts, requested relief, and contact information. Authorized representatives should meet or confer within a commercially reasonable period.
This informal process does not extend a statutory limitations period unless the parties agree in writing. Enterprise agreements may establish mediation, arbitration, jury-trial waiver, or other dispute procedures that supersede this section.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
11. Notices and Electronic Communications
Legal notices to Kovinex should be sent to legal@kovinex.com and, where a signed agreement requires formal delivery, by the additional method stated in that agreement. General support communications should be sent to id@kovinex.com and billing matters to finance@kovinex.com.
Customer consents to receive operational, security, billing, and contractual communications electronically at the account contact addresses. Customer must keep those addresses current. Marketing communications, if any, are governed separately by applicable law and opt-out rights.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
12. Changes to this Document
Kovinex may update public legal documents prospectively to reflect changes in law, technology, security, product functionality, or business practices. Material changes affecting existing contractual rights will be communicated by reasonable means and will take effect as permitted by the governing agreement and applicable law.
A version date should be maintained so Customers can identify the applicable text. Changes do not retroactively alter accrued rights or liabilities unless the parties expressly agree or law requires otherwise.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
13. Contact Information
Legal inquiries and formal legal correspondence may be directed to legal@kovinex.com. General support and other business communications may be directed to id@kovinex.com. Billing and finance matters may be directed to finance@kovinex.com. Kovinex's website is https://kovinex.com. Mailing location: Kovinex LLC, Sebring, Florida 33870, United States.
Customers should use the contact method specified in a signed Order Form for notices that require formal contractual delivery. Security incidents or urgent account-compromise reports should be identified clearly so they can be routed appropriately.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
15. Description and Scope of Services
Kovinex provides configurable AI receptionist and business communications automation. Depending on the purchased plan, configuration, geography, vendor availability, and enabled integrations, the Services may answer inbound calls, respond to routine questions from Customer-provided knowledge, identify caller intent, schedule or modify appointments, qualify leads, route or transfer calls, send transactional SMS or email, create transcripts or summaries, synchronize supported calendars or CRM systems, and execute Customer-defined workflows.
Features are not professional services and do not replace a physician, dentist, lawyer, emergency dispatcher, or other licensed professional. Kovinex may improve, replace, or discontinue individual technical components where reasonably necessary to maintain security, reliability, legal compliance, or product development, provided that material reductions to contracted enterprise functionality remain subject to the applicable agreement.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
17. Knowledge Base, Scripts, Prompts, and Business Rules
Customer is responsible for the accuracy, completeness, legality, currency, and suitability of information supplied to the AI receptionist, including office hours, fees, appointment rules, professional disclaimers, escalation instructions, intake questions, service descriptions, and knowledge-base materials. Customer must test material changes before relying on them in production where reasonably practicable.
Kovinex may provide templates, configuration suggestions, or implementation assistance, but Customer remains responsible for determining what its AI agent is permitted to say and do. Incorrect Customer instructions may result in incorrect AI Output or automated actions. Customer should establish periodic review procedures for high-impact scripts and regulated workflows.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
18. Artificial Intelligence Limitations
Artificial intelligence and speech-recognition systems are probabilistic. They may misunderstand accents, background noise, ambiguous language, incomplete facts, names, dates, numbers, or context, and may generate inaccurate, incomplete, or inappropriate responses. Kovinex does not warrant perfect transcription, perfect classification, error-free reasoning, or that every AI Output will match Customer's intended result.
Customer must not rely on the Services as the sole source of truth for emergency, diagnostic, treatment, legal-strategy, eligibility, financial, or similarly consequential decisions. Customer must configure reasonable human escalation and verification for sensitive matters. AI Output should be treated as automated assistance, not licensed professional advice.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
19. AI Transparency and Caller Disclosure
Customer is responsible for determining whether applicable law, professional rules, contractual duties, or Customer policy requires disclosure that a caller is interacting with artificial intelligence. Kovinex recommends clear, non-deceptive disclosure in contexts where a reasonable caller could otherwise believe the agent is a human employee, and especially where the interaction involves sensitive or regulated information.
A Customer may configure an opening such as: "Hello, you've reached [Business]. I'm the AI receptionist assisting with calls and scheduling. How can I help you?" Customer must not configure the Services to deceptively impersonate a specific real person, licensed professional, government official, or emergency service.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
20. Call Recording, Transcription, and Consent
The Services may support recording, transcription, summarization, or analysis of calls when enabled. Laws governing recording and interception vary by jurisdiction and may require one-party consent, all-party consent, notice, or other safeguards. Customer is solely responsible for determining which rules apply to each use case and for configuring legally sufficient notices and consent mechanisms.
Kovinex does not provide a representation that enabling a recording feature automatically satisfies applicable consent law. Customer should obtain legal advice for multi-state or international calling programs and should disable recording or transcription where lawful consent cannot be established.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
21. Telephony, SMS, Email, and Communications Compliance
Customer is responsible for lawful calling and messaging practices, including consent, opt-out, do-not-call, caller-identification, quiet-hours, content, and recordkeeping requirements that apply to Customer's communications. The Services may not be used for unlawful robocalling, spam, phishing, deceptive caller identification, purchased-list blasting, or other abusive communications.
Transactional messages should be limited to legitimate service-related communications such as appointment confirmations, reminders, security notices, requested follow-ups, and account communications. Marketing campaigns require separate compliance analysis and may be restricted by plan, provider rules, or Kovinex policy. Customer must honor opt-out requests promptly and must not use technical workarounds to evade carrier, provider, or legal restrictions.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
22. HIPAA; PHI; Business Associate Requirements
Kovinex may support healthcare customers, but a subscription alone does not establish HIPAA compliance. If Kovinex will create, receive, maintain, or transmit Protected Health Information on behalf of a HIPAA covered entity or business associate in a manner that makes Kovinex a business associate, the parties must execute an appropriate Business Associate Agreement before such processing, and the relevant technical configuration and subprocessors must support the intended use.
Customer must not place PHI into features, integrations, logs, analytics, support channels, or third-party services that are not approved for the applicable healthcare deployment. HIPAA compliance is a shared operational responsibility. Customer remains responsible for its own risk analysis, workforce controls, minimum-necessary practices, patient notices, authorizations, and other obligations.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
23. Legal and Other Professional-Service Customers
Kovinex may be used by law firms and other professional organizations for administrative intake, scheduling, routing, and routine communications. The Services do not create an attorney-client, physician-patient, dentist-patient, fiduciary, or other professional relationship between Kovinex and any caller. Customer is responsible for conflicts procedures, professional-responsibility rules, privilege, confidentiality, supervision, advertising restrictions, and jurisdiction-specific obligations applicable to its profession.
Customer should configure the agent not to provide substantive legal advice, medical diagnosis, treatment instructions, or other regulated professional conclusions unless the Customer has independently determined that the workflow is lawful, appropriately supervised, and within the scope of professional practice.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
24. Information Security Program
Kovinex maintains administrative, technical, and organizational safeguards designed to protect the confidentiality, integrity, and availability of production systems and Customer Data. Controls are risk-based and may include least-privilege access, multifactor authentication for privileged access, encryption in transit, encryption at rest where appropriate, logging, monitoring, vulnerability management, secure development practices, backup, incident response, and vendor-risk controls.
No cloud service can guarantee absolute security. Customer remains responsible for endpoint security, user access, credential management, lawful configuration, and security of systems outside Kovinex's control. Public statements about certifications or compliance frameworks apply only when expressly confirmed by Kovinex in writing and supported by current evidence.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
25. Security Incident Management and Notification
Kovinex maintains procedures to identify, assess, contain, eradicate, recover from, and review material security incidents. Incident response may include credential rotation, isolation of affected systems, forensic preservation, vulnerability remediation, increased monitoring, and coordination with subprocessors or authorities where appropriate.
Where a confirmed incident triggers a contractual or statutory notification duty concerning Customer Data, Kovinex will provide notice in accordance with the applicable DPA, BAA, law, or negotiated agreement. Initial notices may be supplemented as investigation develops. Kovinex may withhold details that would materially compromise security, privilege, another customer's confidentiality, or a lawful investigation.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
26. Privacy and Data Protection
Kovinex processes personal information in accordance with its Privacy Policy, DPA, applicable contractual commitments, and law. Roles differ by context: Kovinex may act as an independent controller for account, website, billing, security, and business-contact information, while acting as processor or service provider for caller, patient, client, lead, appointment, or CRM data processed on Customer's instructions.
Customer is responsible for its own privacy notices and lawful bases. Customer must not instruct Kovinex to process personal data in a manner that violates applicable law. Where required, Kovinex will provide reasonable assistance with data-subject requests, assessments, security incidents, and deletion or return obligations as specified in the DPA.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
27. Subprocessors and Third-Party Providers
Kovinex may use cloud hosting, AI model, telephony, SMS, email, authentication, payment, analytics, support, security, and other providers to operate the Services. Material processors of Customer Personal Data will be managed under the DPA. Customer authorizes approved subprocessors subject to the notice and objection mechanism, if any, specified in the DPA or enterprise agreement.
Third-party integrations selected by Customer may be governed by separate third-party terms and privacy practices. Kovinex is not responsible for outages or acts of independent third parties outside its reasonable control, but remains responsible for its own contractual obligations concerning subprocessors to the extent required by applicable law.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
28. Fees, Taxes, and Payment
Customer must pay all fees stated at checkout, on the pricing page applicable to the purchase, or in an Order Form. Subscription fees are generally billed in advance; usage and overage charges may be billed in arrears or when thresholds are reached. Fees are exclusive of applicable taxes unless expressly stated otherwise.
Customer authorizes Kovinex and its payment processor to charge the payment method on file for recurring subscription fees, usage, overages, taxes, and other authorized amounts. Customer must maintain valid billing information and promptly report disputed charges. Undisputed overdue amounts may result in suspension after reasonable notice where commercially practicable.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
29. Usage Measurement, Allowances, and Overage
Plans may include specified AI voice minutes, SMS messages, transactional email, users, locations, API capacity, integrations, or other allowances. Kovinex's metering records are the authoritative source for billing absent demonstrated material error. Unused monthly allowances do not roll over unless the applicable commercial terms expressly say otherwise.
Overage pricing is governed by the rate presented for the Customer's plan or Order Form. Kovinex may implement reasonable rate, concurrency, anti-fraud, or infrastructure limits to protect service reliability. Sustained usage materially beyond standard-plan design may require an upgrade or enterprise arrangement.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
30. Subscription Term; Automatic Renewal; Cancellation
Subscriptions continue for the purchased monthly, annual, or other term and renew automatically when disclosed at purchase unless canceled before the applicable renewal date or otherwise provided in an Order Form. Kovinex will provide renewal disclosures and notices where required by applicable law. Enterprise commitments may have separate notice periods or non-cancelable minimum terms.
Cancellation stops future renewal but ordinarily does not retroactively refund the current paid term. Customer remains responsible for accrued usage and other charges through the effective date of termination. Access, export, deletion, and transition rights are governed by the applicable agreement and data-retention provisions.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
31. Refunds, Credits, and Billing Adjustments
Except where required by law or expressly stated in an Order Form, validly incurred subscription fees and usage charges are non-refundable. Kovinex may issue credits or refunds for verified duplicate charges, material billing errors, contractual service credits, or other circumstances it determines appropriate.
Service credits, promotional credits, and goodwill credits are not cash equivalents unless required by law. Customers should report suspected billing errors promptly with sufficient transaction details. Refund processing time may depend on the payment processor and financial institution.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
32. Feedback and Product Improvement
Customer may provide suggestions, ideas, feature requests, or other feedback. Unless the parties agree otherwise in writing, Kovinex may use non-confidential feedback without restriction or compensation. Kovinex will not treat feedback as a license to disclose Customer Confidential Information or Customer Data.
Product telemetry and service-performance information may be used to secure, troubleshoot, administer, and improve the Services as permitted by applicable agreements and law. Any use of personal data remains subject to the Privacy Policy and DPA.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
33. Confidentiality
Each party may receive nonpublic business, technical, security, financial, product, or customer information that a reasonable person would understand to be confidential. The receiving party will use at least reasonable care to protect Confidential Information and will use it only to perform or exercise rights under the relationship.
Confidentiality obligations do not apply to information lawfully public through no breach, independently developed without use of the other party's Confidential Information, previously known without restriction, or lawfully obtained from a third party. Legally compelled disclosure is permitted subject to notice where lawful and reasonable protective efforts.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
34. Representations; Warranties; Disclaimers
Kovinex warrants that it will provide the Services in a professional and commercially reasonable manner consistent with the applicable agreement. Customer warrants that its use, instructions, content, communications, and data will comply with law and that it has authority to provide Customer Data.
Except for express warranties stated in a signed agreement and to the fullest extent permitted by law, the Services are provided on an "as available" basis. Kovinex does not warrant uninterrupted operation, perfect AI accuracy, error-free transcription, any particular business outcome, or compatibility with every third-party product.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
35. Limitation of Liability
To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, goodwill, or business opportunities arising from the Services, even if advised of the possibility. Exclusions that cannot legally be enforced do not apply to the extent prohibited.
Unless a signed enterprise agreement states a different cap, each party's aggregate liability arising from the Services will not exceed the fees paid or payable to Kovinex for the affected Services during the twelve months preceding the event giving rise to the claim. Separate caps or exclusions may apply to confidentiality, data protection, indemnity, fraud, or willful misconduct where negotiated or required by law.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
36. Indemnification
Customer will defend, indemnify, and hold harmless Kovinex and its affiliates, officers, personnel, and agents from third-party claims arising from Customer Data, Customer's unlawful communications, Customer's professional services, Customer's violation of law, or use of the Services contrary to the governing agreement. Kovinex will provide reasonable notice and cooperation.
Any Kovinex indemnity for intellectual-property infringement or other enterprise risks must be expressly stated in a signed enterprise agreement. The indemnifying party may control the defense, but may not settle a claim in a manner that admits fault by or imposes non-monetary obligations on the indemnified party without consent.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
37. Insurance and Risk Allocation
Each party is responsible for maintaining insurance coverage appropriate to its business, risk profile, and legal obligations. Customers in regulated professional industries should evaluate cyber, professional liability, general liability, and other coverage appropriate to their operations.
Nothing in this document creates an insurance obligation for Kovinex beyond any amount expressly stated in a signed enterprise agreement. Insurance does not expand contractual liability limits unless the applicable agreement expressly provides otherwise.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
38. Force Majeure
Neither party is responsible for delay or failure caused by events beyond its reasonable control, including natural disasters, widespread telecommunications or internet failures, utility outages, war, terrorism, civil disorder, government action, labor disruption, epidemics, or failures of critical third-party infrastructure not reasonably avoidable through the party's continuity measures.
The affected party will use commercially reasonable efforts to mitigate impact and resume performance. Force majeure does not excuse payment obligations for Services already provided or charges already validly incurred.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
39. Assignment; Change of Control
Customer may not assign the agreement without Kovinex's prior written consent, except in connection with a bona fide merger, reorganization, or sale of substantially all assets where the assignee is not a direct competitor and assumes the obligations in writing. Kovinex may assign the agreement in connection with a merger, financing, corporate reorganization, or sale of all or substantially all relevant business assets.
Any prohibited assignment is void to the extent permitted by law. The agreement binds permitted successors and assigns.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
40. Independent Contractors; No Agency
The parties are independent contractors. Nothing creates a partnership, joint venture, fiduciary relationship, franchise, employment relationship, or agency. Neither party may bind the other except as expressly authorized in writing.
Kovinex provides technology infrastructure and does not become Customer's professional-service provider merely because the Services interact with Customer's callers, patients, clients, or prospects.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
41. Accessibility and Reasonable Assistance
Kovinex seeks to improve accessibility of its website and customer-facing interfaces and uses recognized accessibility guidance as a reference for product development. Accessibility is an ongoing process and may be affected by third-party integrations outside Kovinex's direct control.
Users who encounter an accessibility barrier may contact id@kovinex.com with the affected page or feature and requested assistance. Kovinex will make commercially reasonable efforts to provide an accessible alternative or remediate material barriers where practicable.
For purposes of this DMCA and Copyright Infringement Policy, this section must be interpreted in a manner consistent with the document's primary subject matter and the Customer's actual Kovinex configuration. Where a regulated workflow, negotiated enterprise term, or jurisdiction-specific rule imposes a stricter requirement, the stricter applicable requirement controls to the extent required by law or expressly agreed in writing.
