Kapso

Legal

Terms of Service

Effective September 17, 2026 Published September 17, 2026 Version 2026-09-17

Last updated: September 16, 2026
Effective date: September 17, 2026

These Terms of Service (the “Terms”) govern access to and use of Kapso’s websites, applications, APIs, tools, documentation, messaging infrastructure, AI features, and related services (collectively, the “Services”).

The Services are provided by Kapso, Inc., a Delaware corporation (“Kapso,” “we,” “us,” or “our”), with an address at 251 Little Falls Drive, Wilmington, Delaware 19808, United States.

By creating an account, clicking to accept these Terms, signing an order form that refers to them, or using the Services, you agree to these Terms. If you use the Services for a company or another organization, you represent that you have authority to bind that organization, and “Customer” or “you” means that organization. If you do not agree, do not use the Services.

1. Eligibility and accounts

You must be at least 16 years old to use the Services. If you are under the age of legal majority where you live, a parent or legal guardian must review and accept these Terms and is responsible for your use of the Services, including paid use.

You must provide accurate account information, keep it current, protect your credentials and API keys, and promptly notify us of suspected unauthorized access. You are responsible for activity under your account and for the people and systems you authorize to use it.

2. The Services

Kapso provides software and infrastructure for building, integrating, automating, and operating communications and related workflows, including through WhatsApp and other third-party platforms. Features may include APIs, webhooks, dashboards, hosted tools, messaging, AI, transcription, voice, telephone numbers, analytics, and integrations.

The Services may change over time. We may add, modify, limit, or discontinue features. If a change materially reduces a paid Service during a current subscription term, we will provide reasonable notice when practical.

Unless an order form expressly states otherwise, the Services do not include a service-level agreement, guaranteed response time, or guaranteed availability. Support is provided through the channels and during the hours Kapso makes available from time to time.

3. Third-party platforms and integrations

The Services connect with third-party products, including Meta and WhatsApp. Your use of those products remains subject to the third party’s terms, policies, technical requirements, approvals, pricing, availability, and enforcement decisions.

You are responsible for maintaining the accounts, permissions, consents, credentials, and approvals required by those third parties. Kapso does not control and is not responsible for a third party’s suspension, rejection, pricing change, outage, policy decision, data use, or discontinuation of a feature.

Where you select a model, integration, telephony provider, or other third-party service, you instruct Kapso to transmit the information reasonably necessary to provide that feature.

4. WhatsApp accounts and Kapso-provided phone numbers

Your Meta Business Portfolio and WhatsApp Business Account remain yours or your customer’s, as applicable. Using Kapso-managed billing, a Kapso application, Kapso infrastructure, or a Kapso-provided phone number does not transfer ownership of the WhatsApp Business Account to Kapso.

Kapso may make pre-verified or otherwise provisioned phone numbers available so you can connect and test WhatsApp without first supplying a physical number. Unless Kapso expressly agrees otherwise in writing:

  • Kapso-provided numbers are licensed for use with the Services and are not sold to you;
  • their continued availability, portability, geographic coverage, and acceptance by third parties are not guaranteed; and
  • Kapso may reclaim, release, replace, or disable a number following inactivity, non-payment, downgrade, termination, misuse, a third-party requirement, or expiry of an applicable reservation period shown in the product or documentation.

Kapso will provide notice before releasing an active Kapso-provided number when reasonably practicable. You are responsible for exporting or migrating any information you need before cancellation or release.

5. Customer Content and data

“Customer Content” means data, messages, media, contacts, prompts, files, configurations, instructions, outputs, and other content submitted to or processed through the Services by or for you.

As between you and Kapso, you retain your rights in Customer Content. You give Kapso and its affiliates and subprocessors a worldwide, non-exclusive right to host, copy, transmit, display, modify, and otherwise process Customer Content only as reasonably necessary to:

  • provide, operate, secure, support, and improve the Services;
  • follow your instructions and configurations;
  • prevent fraud, misuse, and security incidents;
  • comply with law; and
  • exercise the rights described in these Terms and the Data Processing Addendum.

You represent that you have all rights, permissions, and lawful bases, and have provided all notices, necessary for Kapso to process Customer Content as contemplated by these Terms, including any parental or guardian consent required by applicable law. You are responsible for the accuracy, legality, and quality of Customer Content and for maintaining backups appropriate to your use case.

Kapso may generate and use aggregated or de-identified information that cannot reasonably identify you, your users, or other individuals to operate, analyze, and improve the Services.

6. Messaging and acceptable use

You are responsible for all communications sent or received through your account. You must comply with applicable laws, the WhatsApp Business Terms and Messaging Policy, and the rules of every connected platform. In particular, you must obtain and document required opt-ins, provide required notices, honor opt-outs, and use approved templates or message categories when required.

You may not use the Services to:

  • send spam, unsolicited communications, deceptive messages, or unlawful marketing;
  • harass, threaten, exploit, defraud, or impersonate another person;
  • infringe intellectual property, privacy, publicity, confidentiality, or other rights;
  • distribute malware, facilitate attacks, probe systems without authorization, or bypass security or usage limits;
  • create or distribute illegal, deceptive, discriminatory, or materially harmful content;
  • interfere with the Services or another customer’s use of them;
  • access or use the Services to build a competing standalone service through systematic copying, scraping, or reverse engineering, except where applicable law does not allow that restriction; or
  • use the Services in a way that exposes Kapso or another person to material legal, security, or reputational risk.

Kapso may investigate suspected violations and may block messages, limit features, preserve relevant records, or suspend access when reasonably necessary to protect the Services, users, third parties, or Kapso.

7. Integrations for your customers

You may use the documented APIs, tools, and features included in your plan to integrate Kapso functionality into products and services you provide to your own customers and end users, including operating their WhatsApp numbers under your product brand where the Services support that model.

Kapso remains the underlying service provider. Except as expressly allowed by your plan, documentation, or an order form, this permission does not allow you to resell, sublicense, or make the Kapso product available as a standalone service, or to represent that you own Kapso technology.

You are responsible for your downstream customers and end users, including their use of the Services, their Customer Content, their compliance with third-party platform rules, and the notices and agreements you provide to them. You must not make commitments on Kapso’s behalf or offer warranties or service levels for Kapso that Kapso has not accepted in writing.

8. AI and automated features

The Services may use artificial intelligence, machine learning, speech, transcription, or similar providers. Outputs may be inaccurate, incomplete, offensive, or unsuitable for your purpose. You are responsible for reviewing outputs and for decisions, communications, or actions based on them. Do not rely on an output as professional legal, medical, financial, or safety advice.

Kapso’s use of Customer Content to develop, test, train, and improve Kapso features and models depends on the Project’s plan and model-improvement preference. For Projects on the Free plan, this use is enabled by default, but a Project owner or admin may disable it through an available account control or by contacting legal@kap.so. For Projects without an active plan and for Projects on paid plans other than Enterprise, this use is disabled by default and occurs only if a Project owner or admin enables it. Kapso will not use Enterprise Project Customer Content for generalized model or product improvement unless separately agreed in writing.

Enabling or disabling this preference applies prospectively. It does not prevent processing needed to provide a feature you request, maintain security, investigate abuse, comply with law, or create aggregated or de-identified analytics.

Use of third-party AI providers is also subject to their applicable terms and data practices. Kapso seeks to use business or API arrangements that limit provider training on submitted data where commercially available, but availability may depend on the provider, model, feature, and configuration you select.

9. Restricted data and regulated uses

Unless Kapso expressly agrees in writing and the parties sign any required additional agreement, the Services are not designed for and you must not submit:

  • protected health information subject to the U.S. Health Insurance Portability and Accountability Act and its implementing regulations (“HIPAA”);
  • payment-card data subject to PCI DSS, other than through Kapso’s designated payment processor;
  • bank credentials, authentication secrets for personal financial accounts, or government-issued identification numbers;
  • biometric identifiers used to identify a person; or
  • other data subject to sector-specific security, localization, or certification requirements that the Services are not expressly documented to support.

You are responsible for ensuring that your use of the Services complies with applicable law and for determining whether the Services, as documented and configured, meet the requirements applicable to your use case. You must not use the Services where applicable law requires safeguards, processing locations, or contractual commitments that the Services do not provide.

Kapso does not represent that the Services meet HIPAA, PCI DSS, FedRAMP, or other specialized regulatory or certification requirements unless expressly agreed in writing. Nothing in this section limits Kapso’s obligations under the DPA or applicable law.

10. Plans, fees, credits, and taxes

Kapso may offer free plans, subscriptions, prepaid balances, usage-based charges, overages, credits, automatic top-ups, and other billing models. The prices and rules applicable to your account are those displayed when you subscribe, purchase credits, enable a paid feature, or accept an order form.

Some usage, including AI, transcription, telephony, messaging, and Meta charges, may require a prepaid balance. Other amounts may be billed after use. You authorize Kapso and its payment processor to charge your selected payment method for subscriptions, purchases, usage, overages, taxes, and other amounts you approve.

Paid credits generally do not expire unless an expiry is disclosed when they are purchased. Promotional, trial, or courtesy credits may expire and may have additional conditions. Credits have no cash value, are not transferable between unrelated accounts, and are non-refundable except where required by law, where a charge was made in error, or where Kapso expressly approves a refund.

You are responsible for applicable taxes, duties, and similar governmental charges, excluding taxes based on Kapso’s net income. Prices may exclude taxes. You must keep billing information current.

Kapso may change prices prospectively. For a recurring paid plan, we will provide reasonable advance notice of a material price increase, and the new price will apply from the next renewal or another date stated in the notice. Usage and third-party pass-through charges may change when underlying costs, exchange rates, or third-party pricing change.

11. Renewal and cancellation

Paid subscriptions renew automatically for the period shown at purchase unless cancelled before renewal. You may cancel through the dashboard. Cancellation takes effect at the end of the then-current paid period unless the product says otherwise. Except where required by law or expressly agreed, cancellation does not create a refund for amounts already paid or used.

If payment fails or your balance is insufficient, Kapso may retry payment, notify you, pause paid or usage-based features, prevent additional messages, disable resources above the free-plan limits, downgrade the account, release Kapso-provided phone numbers, or suspend or terminate the Services.

12. Suspension and termination

You may stop using the Services at any time. Kapso may suspend or terminate access if:

  • you materially breach these Terms or a third-party platform policy;
  • payment is overdue or a prepaid balance is insufficient;
  • your use creates a security, legal, operational, or reputational risk;
  • suspension is requested by a third-party platform or government authority;
  • the account has been inactive for an extended period; or
  • Kapso discontinues the relevant Service.

When practical, Kapso will give notice and a reasonable opportunity to cure. We may act immediately where needed to prevent harm, comply with law, respond to a third party, or protect the Services.

Upon termination, your right to use the Services ends. You should export Customer Content before cancellation. Kapso will handle remaining Customer Content as described in the Privacy Policy and Data Processing Addendum. Sections that by their nature should survive termination will survive, including payment obligations, intellectual property, confidentiality, disclaimers, indemnities, liability limits, and dispute provisions.

13. Intellectual property and feedback

Kapso and its licensors own the Services, documentation, software, designs, models, and related intellectual property, excluding Customer Content. Subject to these Terms and payment of applicable fees, Kapso grants you a limited, non-exclusive, non-transferable, revocable right to use the Services during the applicable term.

If you provide suggestions, ideas, or feedback, you give Kapso a perpetual, worldwide, irrevocable, royalty-free right to use and incorporate them without restriction or compensation. This does not transfer ownership of your Customer Content.

Kapso may use your name, trademarks, or logo in customer lists or marketing only with your authorization, including authorization in an order form, account setting, email, or other written communication. You may withdraw that authorization prospectively by written notice.

14. Confidentiality

Each party may receive non-public information that a reasonable person would understand to be confidential. The receiving party will use that information only to perform or exercise rights under the parties’ agreement and will protect it using reasonable care. This obligation does not cover information that is public without breach, already lawfully known, independently developed, or lawfully received without a confidentiality duty.

A party may disclose confidential information where legally required, after giving advance notice when permitted and reasonable assistance at the disclosing party’s expense.

15. Privacy and data processing

Kapso’s Privacy Policy explains how Kapso handles personal information when acting for its own purposes. When Kapso processes personal data in Customer Content on your behalf, the Kapso Data Processing Addendum is incorporated into these Terms and applies automatically.

You must provide legally sufficient privacy notices to your users and other data subjects and respond to their rights requests. Kapso provides product tools, APIs, and reasonable assistance as described in the Data Processing Addendum.

16. Beta and free Services

Kapso may identify features as alpha, beta, preview, experimental, free, or evaluation services. Those features may be incomplete, change without notice, have additional limitations, and be discontinued at any time. They are provided without service levels or commitments and, to the maximum extent permitted by law, as-is.

17. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” KAPSO DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

KAPSO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR SUITABLE FOR EVERY USE CASE; THAT MESSAGES WILL BE DELIVERED OR ACCEPTED; OR THAT THIRD-PARTY PLATFORMS, PHONE NUMBERS, AI OUTPUTS, OR INTEGRATIONS WILL REMAIN AVAILABLE.

Nothing in these Terms limits a warranty or consumer right that cannot lawfully be excluded.

18. Indemnity

You will defend, indemnify, and hold harmless Kapso, its affiliates, and their personnel from third-party claims and related losses, liabilities, damages, and reasonable legal fees arising from:

  • Customer Content;
  • your products, services, downstream customers, or end users;
  • your violation of law, messaging requirements, or third-party platform rules;
  • your misuse of the Services; or
  • your breach of Sections 5 through 9.

Kapso will promptly notify you of a covered claim and provide reasonable cooperation at your expense. You may control the defense, but may not settle a claim in a way that admits fault by Kapso or imposes obligations on Kapso without Kapso’s written consent.

19. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, OR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF ADVISED THAT THEY ARE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KAPSO’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO KAPSO FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY. IF YOU USED ONLY FREE SERVICES, KAPSO’S TOTAL LIABILITY WILL NOT EXCEED USD 100.

These limits do not apply to liability that cannot lawfully be limited. Each party acknowledges that the fees reflect this allocation of risk.

20. Changes to these Terms

Kapso may update these Terms. If an update materially reduces your rights or materially increases your obligations, we will provide reasonable advance notice by email, in-product notice, or another appropriate method. Changes apply on the stated effective date. If you do not agree, you must stop using the Services and cancel before the change takes effect.

21. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. The state and federal courts located in Delaware will have exclusive jurisdiction over disputes arising from these Terms or the Services, and each party consents to those courts.

Before filing a claim, each party will make a good-faith effort for 30 days to resolve the dispute informally after written notice. Either party may seek urgent injunctive relief without completing that process.

Mandatory consumer laws and rights in your country of residence continue to apply where they cannot be waived by contract.

22. General terms

These Terms, any applicable order form, the Data Processing Addendum, and documents expressly incorporated by reference form the entire agreement about the Services and replace prior discussions on that subject. An order form controls over these Terms only where it expressly says it changes a specific provision.

You may not assign these Terms without Kapso’s consent, except in connection with a merger, reorganization, or sale of substantially all relevant assets where the assignee is not a competitor and agrees to these Terms. Kapso may assign these Terms to an affiliate or in connection with a corporate transaction.

The parties are independent contractors. These Terms do not create an agency, partnership, employment, franchise, fiduciary, or joint-venture relationship. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remainder will continue.

Kapso is not liable for delay or failure caused by events beyond its reasonable control, including internet or telecommunications failures, third-party platforms, government action, labor disputes, natural disasters, war, or widespread infrastructure outages.

Notices to Kapso must be sent to legal@kap.so. Kapso may send notices to the email associated with your account, through the Services, or through another reasonable channel.