Terms of Service

Agreement to Terms

These Terms of Service (“Terms”) govern your use of the Klime platform (“Service”) operated by and a registered trade name of Vesper Interactive B.V. (“us”, “we”, or “our”). By accessing or using our Service, you agree to be bound by these Terms, our Security Policy, and our Privacy Policy. If you disagree with any part of these terms, then you may not access the Service.

Description of Service

Klime is a customer intelligence platform that helps businesses understand, retain, and engage their customers. Our Service provides:

• Product analytics and event tracking via SDKs
• AI-powered customer insights and chat functionality
• Customer health scoring including churn risk detection and growth tracking
• Activity monitoring for users and groups (companies/accounts)
• Communication tracking through email engagement logging
• Slack integration for alerts, daily digests, and AI-powered chat
• AI-generated customer outreach suggestions
• Data visualization and reporting dashboards

Data Collection

Our Service collects and processes product usage data that you send through our SDKs or API, including events, user identifiers, group identifiers, and associated traits. See our Privacy Policy for a detailed description of what data is collected and how it is processed.

You are responsible for ensuring that you have appropriate consent and legal basis to collect and share this data with us, and that you comply with all applicable privacy laws.

Use of Artificial Intelligence

Our Service uses artificial intelligence (provided by Anthropic) for chat, email generation, email parsing, and daily digests. When using AI features, relevant portions of your analytics data and conversation history may be processed to generate responses.

We do not share raw customer PII with AI providers. Our AI providers do not train their models on your data. See our Privacy Policy for details on how data is processed by AI services.

User Accounts

Account Creation

To use certain features of our Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials and API keys
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

Acceptable Use

You agree not to use the Service:

• For any unlawful purpose or to solicit others to unlawful acts
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code
• To collect or track personal information of others without proper consent and legal basis
• To spam, phish, pharm, pretext, spider, crawl, or scrape
• For any obscene or immoral purpose
• To interfere with or circumvent security features of the Service
• To send excessive requests that may degrade service for other users

Data and Privacy

Your Data

You retain ownership of all data you provide to or generate through the Service. By using our Service, you grant us a limited license to process your data solely for the purpose of providing the Service.

Data Processing

We process your data in accordance with our Privacy Policy and applicable data protection laws, including the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA) where applicable.

Data Security

We implement industry-standard security measures to protect your data. However, no system is completely secure, and we cannot guarantee absolute security. Learn more in our Security Policy.

Payment Terms

Subscription Plans

Our Service operates on a subscription basis with various plans available. Pricing and plan details are available on our website and may be updated from time to time.

Billing

• Subscriptions are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• We reserve the right to change our pricing with 30 days notice
• Failure to pay may result in service suspension or termination

Free Trial

We may offer free trials for new users. Free trials are subject to the same terms and conditions as paid subscriptions, except for payment obligations.

Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Vesper Interactive B.V. and its licensors. The Service is protected by copyright, trademark, and other laws.

Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Third-Party Services

Our Service integrates with third-party services for hosting, AI, payments, email, analytics, and integrations. See our Privacy Policy for a complete list of service providers and how data is shared with each.

Your use of these third-party services is subject to their respective terms and conditions. We are not responsible for the availability, content, or practices of third-party services.

Service Availability

We strive to maintain high availability of our Service but do not guarantee uninterrupted access. Our Service may be temporarily unavailable due to:

• Scheduled maintenance
• Emergency maintenance
• Third-party service outages
• Technical difficulties
• Force majeure events

We will make reasonable efforts to provide advance notice of scheduled maintenance.

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

AI-GENERATED CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR SUITABILITY OF AI-GENERATED INSIGHTS OR RECOMMENDATIONS FOR ANY PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT SHALL VESPER INTERACTIVE B.V., ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to defend, indemnify, and hold harmless Vesper Interactive B.V. and its employees, contractors, agents, officers, directors, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from your use of the Service or violation of these Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Amsterdam, the Netherlands.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service and cancel your subscription.

Upon termination, your right to use the Service will cease immediately. We may retain certain data as required by law or for legitimate business purposes.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.

Your continued use of the Service after such modifications constitutes acceptance of the new Terms.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Contact Information

If you have any questions about these Terms of Service, please contact us: