Kickcall.ai General Terms and Conditions(GTC) for the Use of Kickcall Software and Marketplace.
IMPORTANT NOTICE: These Terms and Conditions govern your access to and use of the kickcall.ai platform, software, and services (collectively, the “Platform”). If you are receiving the access of the Platform through a kickcall.ai Partner (an "Enterprise" or "Agency"), the terms of your separate written agreement will govern your specific commercial and pricing relationship, but you are still bound by the terms of use, limitations, and intellectual property clauses in this Agreement.
These Terms and Conditions (“Terms”) govern your access to and use of the Kickcall AI software, platform, marketplace, and related services (collectively, the “Platform”). By accessing, registering for, or using the Platform, you agree to be bound by these Terms and to comply with all applicable Laws and regulations. If you do not agree, you must not use the Platform.
Kickcall AI is a cloud-based Software-as-a-Service (SaaS) platform providing AI-driven interactive voice response (IVR) systems, virtual assistants, and automation tools that enable businesses to handle customer communications, book and reschedule appointments, send notifications, and analyze call interactions. The Platform serves multiple industries including healthcare, legal services, and other professional and commercial enterprises. Kickcall AI acts solely as a technology provider and does not offer medical, legal, or professional advice of any kind.
The Platform is owned and operated by Nextbrand.online Inc., a corporation organized under the laws of Ontario, Canada. These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts-of-law principles.
For purposes of these Terms:
“Account” means the registered profile created by a User to access and use the Platform.
“AI Agent” means any automated voice, chat, or virtual assistant configured within the Platform.
“Authorized User” means an individual employee, contractor, or representative of the User permitted to access the Platform under User’s account.
“Confidential Information” means non-public information disclosed by either party that is designated as confidential or is confidential by its nature.
“End Customer” means a third-party customer served by the User through the Platform under a Reseller or White-Label arrangement.
“HIPAA” means the Health Insurance Portability and Accountability Act of 1996, as amended by the HITECH Act, and implementing regulations.
“Input” means any data, text, audio, image, prompt, or other content provided to the Platform by the User or its End Customers.
“Intellectual Property Rights” shall mean all intellectual property rights of any kind whatsoever, including all rights in and to (a) patents, patent applications, and inventions; (b) trademarks, service marks, trade names, and domain names; (c) copyrights and works of authorship; (d) trade secrets and know-how; (e) designs; and (f) all other intellectual property rights, in each case whether registered or unregistered, and all applications, registrations, renewals, and extensions of the foregoing.
“Laws” means all applicable statutes, rules, regulations, ordinances, administrative orders, and other legal requirements enacted or issued by governmental authorities, including any amendments, revisions, supplements, or replacements thereof, as well as judicial decisions, precedents, and interpretations by courts of competent jurisdiction that are in force from time to time. Where applicable, Laws also include relevant US federal statutes (such as FDCA, HIPAA, CSA, ACA etc.) and/ or relevant UK, EU and Switzerland statutes (such as GDPR (EU) 2016/679 and its implementing laws in the European Union, the UK GDPR and the Data Protection Act 2018, FADP, PCI DSS), AI laws and regulations such as Artificial Intelligence Act (Regulation (EU) 2024/1689), New Jersey’s Law Against Discrimination (LAD), California’s AI Transparency Act, California’s Generative AI Training Data Transparency Act, Colorado AI Act, Utah Artificial Intelligence Policy Act, Personal Information Protection and Electronic Documents Act (PIPEDA), Personal Health Information Protection Act (PHIPA), Canadian Anti-Spam Legislation (CASL), Telephone Consumer Protection Act (TCPA) and any other relevant laws that may be applicable in the concerned jurisdiction.
“Output” means any content or data generated by the Platform, including AI-produced responses, text, voice, or analytics.
“PHI” means Protected Health Information as defined under HIPAA.
“Subscription Plan” means the selected tier of service offered by Kickcall AI specifying features, usage limits, and fees.
“User” means any individual or entity that accesses or uses the Platform under these Terms.
“Usage Limits” refers to the quantitative and qualitative limits of use set out in the relevant Subscription Plan.
Headings and section titles are for convenience only and do not affect interpretation. References to “you,” “your,” or “User” refer to the individual or entity accepting these Terms; “we,” “our,” or “Kickcall” refers to Nextbrand.online Inc. Singular includes plural and vice versa, pronouns importing a gender include each of the masculine, feminine and neuter genders, and where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase shall have the corresponding meanings. The words “include” and “including” are to be construed without limitation.
By clicking “Accept,” creating an account, or otherwise accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a binding agreement between you and Kickcall.
Kickcall may modify these Terms from time to time to reflect changes in Laws, technology, security requirements, or business operations. We will notify User at least two (2) weeks before the effective date of any material changes by email or via the Platform. Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms.
These Terms incorporate by reference Kickcall’s Privacy and Data Protection Overview (Section 11) and any additional policies posted on the Website or Platform. Where specific policies conflict, the most recent version will prevail.
The Platform provides User with tools to design, deploy, and manage AI-based communication systems such as interactive voice response (IVR), chatbots, appointment schedulers, and call analytics dashboards. It allows User to automate customer interactions across multiple channels (voice, SMS, email, web chat) and integrate with third-party applications including electronic medical records (EMRs), customer relationship management (CRM) systems, and payment gateways.
Kickcall AI operates the Platform as a managed, cloud-hosted service. No software is installed locally on User systems other than browser or API access components. Kickcall maintains control of the underlying infrastructure, security, and updates, ensuring continuous availability and compliance with industry standards.
The Platform is intended for general business and professional communication. Typical use cases include appointment management for clinics, hospitals, and service providers; client intake for law firms; lead qualification for sales teams; and support automation for customer service centers. Although the Platform is designed to support healthcare and legal industries, Kickcall does not practice medicine or law and does not provide clinical or legal advice.
Kickcall may update, modify, or enhance features from time to time to improve functionality, security, or user experience. Such changes will not materially reduce the overall functionality without prior notice. Kickcall may discontinue obsolete features when technologically necessary or legally required.
To register for an Account and use the Platform, you must be at least 18 years old and have the legal capacity to enter into binding contracts. Where you register on behalf of a company or organization, you represent and warrant that you are authorized to bind that entity to these Terms.
To use the Platform, User must create an Account by providing accurate and complete information including a valid email address, billing information, and authentication credentials. The User agrees to keep this information current and promptly update any changes. Kickcall may suspend or terminate Accounts that contain false or misleading information.
User is responsible for maintaining the confidentiality of login credentials and ensuring that only Authorized User(s) access the Platform. User must use strong passwords and implement industry-standard security measures such as multi-factor authentication. Kickcall is not liable for unauthorized access resulting from User negligence or failure to secure credentials.
The User is fully responsible for all activities occurring under its Account, including those of Authorized Users and End Customers. Kickcall may monitor Account usage to ensure compliance with these Terms, prevent abuse, compliance of applicable Laws and maintain system security. If Kickcall detects irregular, fraudulent, or unlawful activity, it may suspend access pending investigation and may also report any fraudulent or unlawful activities to the concerned authorities, if required by any applicable Law(s).
Kickcall reserves the right to refuse registration, terminate, or deactivate Accounts that violate these Terms, pose security risks, or are involved in unlawful activity. Kickcall will use commercially reasonable efforts to notify the User before deactivation unless immediate action is required for security or legal reasons.
Kickcall AI offers several Subscription Plans that define the scope of features, permitted usage, billing cycles, and service levels available to each User. The details of each plan, including Usage Limits and pricing, are described on the Website or in specific commercial proposals. Each plan may include variations in communication channels, API access, storage capacity, analytics tools, and support tiers.
Each Subscription Plan begins on the date of activation or acceptance by Kickcall and continues for the term specified at the time of purchase (the “Initial Term”). Unless otherwise specified, Subscriptions automatically renew for successive renewal terms of the same duration (“Renewal Term”) unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the current term. Renewal may be subject to updated pricing or revised Terms, with prior notice provided to the User.
During the active Subscription Term, Kickcall grants the User a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Platform for its internal business purposes in accordance with these Terms and the applicable Subscription Plan. All rights not expressly granted are reserved by Kickcall. This license does not constitute a sale of any part of the Platform or its underlying technology.
Each Subscription Plan may permit the creation of multiple Authorized Users under the User’s Account. The User shall ensure that each Authorized User complies with these Terms and any internal access restrictions. The User remains liable for any breach or misuse committed by its Authorized Users.
The Platform may include monthly or annual usage limits, such as the number of calls handled, minutes processed, or data volume. Kickcall reserves the right to monitor usage in real time and may alert User when approaching or exceeding such limits. Excess usage will be billed at the applicable rates in the Subscription Plan. Continuous overuse without adjustment may lead to service throttling or plan upgrades.
Kickcall may, at its discretion, offer limited trial access or beta features. Such access is provided “AS-IS,” without warranty of any kind, and may be modified or discontinued at any time without prior notice. Data entered during a trial may be deleted at its conclusion unless the User converts to a paid plan.
The Platform may be used solely for legitimate business purposes consistent with applicable Laws and these Terms. User may deploy AI Agents to manage inbound and outbound calls, schedule or reschedule appointments, send notifications, or integrate with approved third-party services. The Platform is designed for informational and administrative automation only.
User shall not, under any circumstances:
The User shall ensure that all activities conducted through the Platform comply with applicable Laws. User bears the sole responsibility for obtaining any required consent from individuals whose data or communications are processed.
Kickcall may suspend or restrict access without liability if User activity threatens the security or reputation of the Platform, violates these Terms, or risks non-compliance with applicable Laws. Where feasible, Kickcall will notify the User before suspension and allow a reasonable opportunity to resolve the issue.
Certain Subscription Plans may authorize Users to resell the Platform’s features to their own customers (“Reselling”). In such cases, the User acts as an independent reseller and not as a representative or partner of Kickcall. The User must contract directly with its End Customers and is solely responsible for billing, customer service, and compliance.
Resellers must ensure that their End Customers are bound by written agreements containing terms that are at least as protective of Kickcall’s rights as these Terms. Kickcall bears no responsibility for End Customer relationships and shall not be liable for disputes between a Reseller and its End Customers.
Where a Subscription Plan includes white labeling, the User may rebrand the Platform with its own logo and design, subject to Kickcall’s approval and technical specifications. All white-labeled solutions must still display “Powered by Kickcall AI” or equivalent attribution unless expressly waived by Kickcall in writing.
Reselling or white labeling does not confer any Intellectual Property Rights in the Platform to either the User or the End Customer. The User shall not represent that it developed or owns the underlying technology. Kickcall retains the right to monitor usage and enforce its branding and quality standards. Kickcall may terminate reselling rights immediately for any breach of these obligations.
Kickcall does not grant exclusivity to any Reseller or White-Label partner. Kickcall reserves the right to appoint additional resellers, distributors, or direct clients in the same markets or territories.
The Platform incorporates machine learning and natural language processing technologies to automate responses and perform tasks such as speech recognition, transcription, and scheduling. These capabilities depend on training data, algorithms, and third-party AI services, which may generate probabilistic or approximate outputs.
The Platform may utilize third-party APIs or AI services (e.g., OpenAI, Google Cloud, AWS) and users agree that such third-party policies shall apply in addition to these Terms.
While Kickcall employs state-of-the-art AI models and continuously improves accuracy, Users acknowledge that AI-generated content may occasionally be incomplete, inaccurate, or inappropriate. Kickcall does not guarantee the factual correctness or legal or clinical validity of any Output. Users are responsible for reviewing, verifying, and validating the Output before relying on them for operational, clinical, or legal decisions.
The User bears sole responsibility for all uses of Output, including its communication to End Customers or third parties. Kickcall shall not be liable for any consequence resulting from reliance on AI-generated information, automated call outcomes, or transcription errors. Users must ensure human review and oversight for any Output that could affect legal compliance, customer decisions, or professional outcomes.
Kickcall may use anonymized Input and Output data to improve its algorithms, enhance performance, or train models, provided that no personally identifiable information or PHI is used without the User’s consent or a valid Data Processing Agreement. Kickcall will not sell or disclose such data to unrelated third parties for marketing or profiling purposes.
The Platform is designed to be adaptable for industries that handle sensitive or regulated data, including healthcare providers, clinics, hospitals, legal practices, and financial institutions. While the Platform supports such use cases, Kickcall’s role is strictly limited to that of a technology service provider.
Kickcall does not provide medical, legal, or financial advice. The Platform’s communications, scheduling features, or automated outputs are not substitutes for professional judgment. Any guidance, reminders, or statements generated by AI Agents are administrative in nature and should not be interpreted as diagnostic or advisory opinions.
Users in regulated industries must ensure that their use of the Platform complies with all applicable Laws. Users must enter into a Data Processing Agreement (DPA) with Kickcall if personal health information or privileged client information is processed. The User remains solely responsible for the lawful collection, disclosure, and use of such data. Where applicable, User must also comply with new AI governance frameworks including, but not limited to, the EU AI Act and applicable U.S. or Canadian regulations.
Kickcall employs encryption of data in transit and at rest, secure access controls, audit logging, and data minimization principles consistent with HIPAA and PHIPA standards. However, User must implement its own organizational safeguards, such as restricted access and client consent mechanisms, to ensure compliance within its professional context.
User acknowledges that the Laws in various jurisdictions regulate call recording, consent, and telecommunication practices. User is solely responsible for obtaining any required consents before recording, transcribing, or monitoring calls. Kickcall provides features to support consent collection, but legal responsibility remains with the User.
Kickcall disclaims all liability arising from User’s handling of PHI, confidential legal data, or other regulated information beyond the technical safeguards it provides. Kickcall’s obligations under privacy and data protection Laws are limited to its role as a service provider or processor, as described in Section 11.
Kickcall AI respects the privacy of all Users and their customers and is committed to protecting personal and business data processed through its Platform. Kickcall complies with applicable privacy and data protection laws or follows the best practices under the applicable laws.
Kickcall acts as a Data Processor (or “Service Provider”) when processing personal data on behalf of the User, who acts as the Data Controller. Kickcall processes data strictly under the User’s documented instructions and for the purpose of delivering and improving the Platform.
Kickcall collects and processes data under one or more lawful bases, such as: (a) performance of a contract with the User; (b) compliance with a legal obligation;(c) legitimate interests in maintaining and improving the Platform; and (d) explicit consent, where required. The User is responsible for ensuring that any data it inputs or causes to be processed through the Platform is collected and shared lawfully, with valid consent where applicable.
Kickcall may process the following categories of data:
Kickcall does not sell, trade, or rent User data to third parties and processes it only to deliver contracted services.
Kickcall’s servers and service providers may be located in Canada, the United States, or other jurisdictions offering equivalent data protection safeguards. Users acknowledge that their data may be processed in such jurisdictions and consent to these transfers.
Kickcall retains User data only for as long as necessary to fulfill the purpose of processing or to comply with legal obligations. Upon termination of an Account, Kickcall will retain data for 30 days to allow export or retrieval. After this period, all data will be permanently deleted from active systems and backups, except where retention is required by law or for audit purposes.
Users and data subjects may contact Kickcall at privacy@kickcall.ai to exercise applicable data rights, including access, correction, deletion, restriction, or portability, as provided under applicable privacy laws. Kickcall will respond to verifiable requests within legally mandated timelines.
Kickcall may request documentation to verify user compliance with data privacy, consent, or call-recording requirements.
Kickcall reserves the right to audit usage data to investigate suspected fraud, misuse, or security breaches.
Kickcall collects information through:
Kickcall does not collect unnecessary personal information and uses pseudonymization wherever feasible.
Kickcall processes information for the following purposes:
Kickcall may use the User’s name or logo for marketing purposes unless expressly opted out in writing.
Kickcall restricts access to personal or confidential data to authorized employees or contractors who require it for their duties. All personnel with access to such data are subject to confidentiality obligations and regular data protection training.
Kickcall may engage trusted third-party subprocessors (e.g., cloud providers, analytics services, telecom vendors) to support Platform operations. Each subprocessor is bound by written agreements imposing equivalent data protection and security standards. A current list of subprocessors may be made available upon request.
Kickcall performs secure, encrypted backups at regular intervals to ensure business continuity and disaster recovery. Backups are stored in geographically redundant data centers, encrypted with AES-256 or higher, and retained in accordance with Section 11.5.
Kickcall implements appropriate technical and organizational security measures to protect data against unauthorized access, disclosure, alteration, or destruction. These measures include:
In the event of a data breach involving personal information, Kickcall will:
Each party agrees to treat all non-public information disclosed by the other party as Confidential Information and to use it solely for fulfilling its obligations under these Terms. Disclosure to third parties is only permitted under strict confidentiality obligations or as required by applicable Laws. Confidentiality obligations survive termination for three (3) years.
Kickcall maintains a formal Business Continuity and Disaster Recovery Plan to ensure restoration of essential services in the event of system failure or natural disaster. This program includes geographically redundant hosting, automated encrypted backups at regular intervals, and tested recovery protocols. Backup systems are designed to achieve recovery point objectives (RPO) and recovery time objectives (RTO) consistent with enterprise-grade standards.
The Platform enables features such as call recording, transcription, and speech-to-text analytics. User acknowledges that the legality of recording communications varies by jurisdiction (for example, one-party consent versus all-party consent). The User bears full responsibility for ensuring that consent is obtained from all participants before enabling these features..
Call recordings and transcripts are stored securely and encrypted at rest. User may configure retention settings or manually delete recordings at any time. Kickcall will not access or disclose recordings except as necessary to provide technical support, comply with applicable Laws, or enforce these Terms.
User shall not use recordings or transcripts obtained through the Platform for unlawful surveillance, defamation, or discriminatory purposes. User must comply with all applicable privacy and data protection Laws governing the use of voice and communication data.
Where required by applicable Law(s) or otherwise, User must ensure that all participants in a call are notified that the conversation may be recorded or analyzed. The Platform provides configurable tools (such as automated disclaimers or IVR notifications) to assist with this requirement, but ultimate responsibility lies with the User.
Kickcall uses commercially reasonable efforts to make the Platform available 24 hours per day, seven days per week, with a target annual uptime of 99.5% (“Service Level Commitment”). Availability excludes scheduled maintenance, emergency maintenance, or downtime caused by external factors such as internet outages or third-party provider failures.
Planned maintenance typically occurs during off-peak hours and will be communicated to Users at least 24 hours in advance. Emergency maintenance required to address critical vulnerabilities or system risks may occur without notice; however, Kickcall will attempt to minimize disruption.
If service availability falls below the Service Level Commitment during any calendar month, the User may be eligible for a service credit equivalent to 5% of the monthly subscription fee for each 1% shortfall below 99%, capped at Premium Support fee of that month’s fee. Service credits are the User’s sole remedy for unplanned downtime.
Kickcall provides technical support according to the User’s Support Plan.
Support is available via email at support@kickcall.ai and through the Platform dashboard.
This section outlines the Service Level Agreement (SLA) for the support services. This SLA defines the standards for support, including the prioritization of reported issues (Incidents) and the corresponding response and resolution times. The goal is to ensure prompt and effective support while managing expectations for various types of issues.
The Service Level Commitment does not apply to interruptions caused by:
Kickcall shall not be liable for indirect or consequential damages arising from service interruptions beyond these remedies.
The User shall pay to Kickcall the applicable Subscription Fees specified in the Subscription Plan chosen during registration or subsequently upgraded. Fees correspond to the level of service, usage limits, and billing cycle selected by the User. Unless otherwise specified, all fees are denominated and payable in Canadian Dollars (CAD).
Subscriptions are billed either monthly or annually, depending on the selected plan. Kickcall will issue invoices electronically via email to the billing address associated with the Account. Each invoice will detail the service period, applicable taxes, and any usage-based adjustments. Payment is due immediately upon issuance unless otherwise stated in the invoice or order form.
All fees are exclusive of taxes, levies, or duties imposed by governmental authorities, including but not limited to value-added tax (VAT), goods and services tax (GST), or withholding tax. The User is responsible for all such taxes associated with its purchases except for taxes based on Kickcall’s net income.
Kickcall accepts payment by credit card, debit card, or third-party payment processors. By providing payment details, the User authorizes Kickcall to automatically charge the applicable Subscription Fees and any renewal fees to the designated payment method on file. If automatic billing fails, Kickcall will notify the User and may suspend access until payment is received.
If the User fails to make payment within fifteen (15) days after the due date, Kickcall may, after giving notice, suspend the Account until outstanding balances are paid. Continued non-payment for more than thirty (30) days constitutes a material breach, entitling Kickcall to terminate the Subscription under Section 23.
Kickcall reserves the right to modify Subscription Fees upon three (3) months’ prior notice. Fee changes will take effect from the next Renewal Term. Users who do not agree to revised pricing may cancel the Subscription before renewal without penalty.
Except as expressly provided in these Terms or required by law, all fees paid are non-refundable, including in cases of early termination, unused credits, or partial months of service. Kickcall may, at its discretion, issue pro rata credits in exceptional circumstances.
User may upgrade the Subscription Plan at any time. Upgrades take effect immediately upon confirmation, and any difference in pricing is prorated based on the remaining term of the current billing cycle. Upgraded services are billed according to the new plan’s rates going forward.
Downgrades or reductions in service levels may be requested but take effect only at the start of the next Renewal Term. Downgrading may result in loss of features, reduced storage, or diminished performance capacity, and Kickcall bears no responsibility for data loss arising from such changes.
Kickcall continually improves its Platform and may add, modify, or remove features to enhance performance or compliance. Material reductions in core functionality will be communicated in advance. Continued use after notification constitutes acceptance of such modifications.
In the event that Kickcall discontinues a particular feature or product line, it will provide reasonable notice and, where possible, offer an alternative solution or migration assistance. Users are encoura18ged to export data before discontinuation.
Kickcall retains all right, title, and interest, including Intellectual Property Rights and proprietary rights, in and to the Platform, including all software, source code, user interfaces, algorithms, documentation, and associated materials. The User’s rights are limited to the access and use explicitly granted under these Terms.
User retains ownership of all Input data, including text, audio, prompts, or other content submitted through the Platform. Kickcall does not claim ownership of such data but is granted a limited license to use, process, and store it solely to provide and improve the services.
Unless otherwise specified, all AI-generated Output created by the User or its Authorized Users through the Platform belongs to the User, subject to compliance with these Terms and applicable law. Kickcall makes no representations regarding the originality or non-infringement of such Output.
User may voluntarily provide feedback, suggestions, or ideas to improve the Platform (“Feedback”). Kickcall may freely use, reproduce, and implement such Feedback without any obligation of compensation or attribution, provided it does not disclose the User’s Confidential Information.
If any component of the Platform is alleged to infringe upon third-party Intellectual Property Rights, Kickcall may, at its discretion:
This clause constitutes the User’s exclusive remedy for any such infringement claim.
Kickcall’s Fair Use Policy ensures that the Platform is used responsibly, ethically, and in compliance with all applicable communication and privacy Laws. Users agree not to misuse the Platform’s telephony, IVR, or messaging features for unlawful or unethical purposes.
Users shall not use the Platform to:
The User must comply with all laws governing electronic communications and marketing, including:
The User is solely responsible for obtaining and documenting the necessary consent for all outbound calls, messages, or notifications initiated through the Platform.
Kickcall monitors aggregate usage for abuse detection. If a User’s communication patterns indicate spam-like or abusive behavior, Kickcall may throttle message volume, temporarily suspend outbound functions, or terminate the offending Account. Kickcall reserves the right to report unlawful activity to telecom carriers or regulatory authorities.
The User remains responsible for the content and accuracy of all messages, prompts, and communications sent through the Platform. Kickcall does not edit or pre-screen message content but may remove material that violates law or these Terms.
The User agrees to indemnify, defend, and hold harmless Kickcall, its affiliates, directors, officers, employees, and agents from and against all claims, damages, liabilities, losses, penalties, and expenses (including reasonable legal fees) arising out of or related to:
Kickcall shall defend and indemnify the User against any claim alleging that the Platform, as provided by Kickcall, infringes upon a valid third-party Intellectual Property Right, provided that:
This indemnity does not apply to claims arising from modifications made by the User or from use in combination with unauthorized systems.
The indemnified party shall:
Failure to comply with these procedures does not relieve the indemnifying party of its obligations, except to the extent materially prejudiced by such failure.
To the fullest extent permitted by law, Kickcall and its affiliates, directors, officers, employees, and agents shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation loss of profits, business interruption, goodwill, data, or revenue, even if Kickcall has been advised of the possibility of such damages.
In all cases, Kickcall’s total cumulative liability for any and all claims arising out of or related to these Terms, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the total Subscription Fees paid by the User to Kickcall during the twelve (12) months immediately preceding the event giving rise to such liability.
Nothing in these Terms shall limit or exclude liability for:
Kickcall shall not be liable for delays or failures to perform caused by events beyond its reasonable control, including but not limited to natural disasters, acts of war or terrorism, civil unrest, labor strikes, pandemics, power outages, or failures of internet or telecommunications networks. During such events, Kickcall will make reasonable efforts to mitigate disruption and resume normal operations promptly.
These Terms take effect upon acceptance by the User and remain in force for the duration of the Subscription Term and any Renewal Terms unless terminated in accordance with this Section.
The User may terminate the Subscription at the end of any billing cycle by providing written notice at least thirty (30) days before the renewal date. Termination requests should be submitted via email to billing@kickcall.ai or through the Account dashboard.
Kickcall may terminate the Agreement or suspend access to the Platform:
Either party may terminate the Agreement for cause if the other party commits a material breach and fails to cure such breach within thirty (30) days of written notice specifying the breach.
Upon termination:
Prior to termination or expiration, the User may request export of stored data in a standard, machine-readable format (e.g., CSV, JSON). Kickcall will provide reasonable assistance with such export, subject to applicable fees for extensive data extraction or custom formatting.
Kickcall retains User data for a period of 30 days following termination to permit recovery or transfer. After this retention window, Kickcall will permanently delete all data from active systems and backups unless retention is legally required or necessary for dispute resolution, fraud prevention, or accounting records.
All provisions intended to survive termination, including those concerning confidentiality, data protection, intellectual property, indemnification, and limitation of liability, shall remain in effect after the Agreement ends.
Kickcall may amend these Terms to reflect changes in applicable Laws, industry standards, or service enhancements. User will be notified by email or through the Platform at least two (2) weeks before any material changes take effect.
If the User disagrees with any proposed amendment, the User may terminate the Subscription by providing written notice before the amendment becomes effective. Continued use of the Platform after the effective date constitutes acceptance of the revised Terms.
Kickcall maintains a version history of its Terms and will make archived versions available upon request for reference and compliance purposes.
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict-of-law rules.
In the event of a dispute or claim arising under these Terms, the parties shall first attempt to resolve the issue through good faith discussions and negotiations within fifteen (15) days of written notice.
If the dispute remains unresolved after good faith negotiations, the parties agree to attempt resolution through mediation administered by the ADR Institute of Canada or another mutually agreed mediator, to take place in Toronto, Ontario.
If mediation fails, the dispute shall be finally resolved by binding arbitration under the Arbitration Act, 1991 (Ontario). The arbitration shall be conducted in English by a single arbitrator appointed by mutual agreement or, failing such agreement, by the ADR Institute of Canada. Kickcall may designate alternate governing law or arbitration forums for international users where appropriate. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
Nothing in this Section prevents either party from seeking urgent injunctive or equitable relief in a court of competent jurisdiction to prevent unauthorized use, disclosure, or infringement of its intellectual property or Confidential Information.
User agree not to participate in class, collective, or representative legal actions against Kickcall; disputes must be resolved individually.
All inquiries, complaints, or legal notices related to these Terms or the Platform shall be directed to:
Nextbrand.online Inc. (operating as Kickcall AI) 6th Floor, 8 Nelson St. W,Brampton, Ontario, L6X 1B7, Canada
Email: legal@kickcall.ai
Support: support@kickcall.ai
Notices are deemed received:
Neither party may assign or transfer its rights or obligations under these Terms without the prior written consent of the other party, except that Kickcall may assign these Terms to an affiliate or successor in connection with a merger, acquisition, or sale of substantially all assets.
No person other than the contracting parties and their permitted assigns shall have any rights under these Terms.
The relationship between Kickcall and the User is that of independent contractors. Nothing in these Terms shall create a partnership, joint venture, employment, or agency relationship.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely approximates the intent of the original.
Failure or delay by either party to exercise any right or remedy under these Terms shall not constitute a waiver of that right or remedy.
The Platform and its AI services are provided “as-is” without warranties of merchantability, fitness for purpose, or non-infringement.
These Terms, including all incorporated policies and the Subscription Plan, constitute the entire agreement between the User and Kickcall and supersede all prior or contemporaneous agreements, proposals, or communications, whether oral or written.
The provisions regarding confidentiality, data protection, intellectual property, payment, indemnification, limitation of liability, and dispute resolution shall survive any termination or expiration of these Terms. Confidentiality and indemnification obligations shall survive termination for five (5) years.
These Terms are drafted in English. In the event of translation into other languages, the English version shall prevail in case of any inconsistency.
User consents to receive all notices, invoices, and communications electronically via registered email or Platform dashboard.
These Terms and Conditions are effective from 01st November, 2025 and remain valid until replaced or superseded by a newer version published on the Kickcall AI website.
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