Last updated: August 21, 2025
Kust (“KUST”, “we”, “our”) provides an AI-powered solution designed to automate responses to customer service tickets across Webchat, Email, and Discord via https://kust.ai.These Terms & Conditions (“T&Cs”) govern the provision of our services to customers.
- BUYER / CLIENT: Any natural person or legal entity placing one or more orders for, subscribing to, or using one or more PRODUCT(S) and/or SERVICE(S) and having effectively paid the corresponding price via the SITE and/or SERVICES published by KUST.
- AGREEMENT / CONTRACT: These Terms & Conditions (including order forms and special conditions, their appendices and amendments), to the exclusion of any other documents, notably those unilaterally issued by the CLIENT before or after formation of the contract.
- DATA: All information and data of the CLIENT or USER generated by, or processed through, the SERVICES (including, where applicable, PERSONAL DATA as defined below), under the CLIENT’s responsibility.
- PERSONAL DATA: Any information relating to an identified or identifiable natural person within the meaning of applicable data-protection law (e.g., GDPR where applicable).
- PARTIES: KUST and the CLIENT together as counterparties.
- PRODUCT(S): Any hardware or physical goods offered by KUST (if any). Unless expressly stated, KUST primarily offers SERVICES and does not sell physical PRODUCTS.
- SERVICE(S): The applications, programs and software solutions (free or paid) made available to the CLIENT under this Agreement, including the AI customer service agent, automations, integrations and related features.
- BASIC SERVICES: Free services/features made available by KUST.
- SUBSEQUENT / ADD‑ON SERVICES: Paid services/features subscribed by the CLIENT via the SITE or SERVICES.
- SITE: The Internet site available at https://kust.ai.
- USER: The CLIENT as actual end‑user of the PRODUCT(S) and/or SERVICE(S), or any other authorized recipient under the CLIENT’s responsibility.
These Terms set the contractual conditions applicable to the provision of PRODUCT(S) (if any) andSERVICE(S) by KUST to the CLIENT.
The CLIENT declares having read and accepted these Terms withoutreservation prior to ordering PRODUCT(S) and/or subscribing to SERVICE(S). These Terms apply to theexclusion of any other general terms of purchase or sale appearing on documents issued by the CLIENT.
No modification shall be deemed accepted without KUST’s prior written approval.
This Agreement defines the terms under which KUST provides CLIENTS with access to the PRODUCT(S)and SERVICE(S) and the conditions under which the CLIENT or USER may access and use them.
Itgoverns: (i) KUST’s offer of SERVICES and/or sale of PRODUCT(S), (ii) the CLIENT’s acceptance throughcontract conclusion and execution.
4.1 Prices, Fees & Taxes
The contract is concluded at the prices and under the conditions presented by KUST to the CLIENT onthe order date and/or upon subscription to SERVICES. Prices and terms may change at any time; onlythe price and terms presented at order/subscription time apply.
Customs duties and taxes (including VAT where due). Such costs are borne solely by the CLIENT.
Prices are generally expressed in $. Exchange fees/rates may apply depending on the CLIENT’s location and chosen payment method.
4.2 Information Required to Order & Provisioning
To order PRODUCT(S) and/or subscribe to SERVICE(S), the CLIENT must create or sign in to a personalaccount on the SITE and provide accurate, complete and up‑to‑date information, including: name,email, billing address, and (where relevant) phone number and any technical information reasonablyrequested for provisioning.
4.3 Order Summary
Before payment, an order summary details the contents, applicable delivery (if any) or provisioningterms, and total price payable. The CLIENT confirms the order by clicking “Pay” or equivalent.
4.4 Payment Obligation & Anti‑Fraud
Finalizing an order entails a payment obligation towards KUST. Available payment methods are shownat checkout and may include card payments (single or installments) and third‑party services (e.g., Stripe,PayPal).
Payment processing is provided by third parties; KUST never has direct access to CLIENTbanking data. KUST may implement anti‑fraud checks and block/cancel orders in case of suspectedfraud, notifying the CLIENT via email.
If an error occurs, the CLIENT should contact help@kust.ai.
4.5 Archiving
KUST archives communications, order forms and invoices on its servers to evidence contract conclusion.The CLIENT may access relevant items through the personal account area.
5.1 Timeframe
Unless expressly stated otherwise, KUST provisions access to SERVICES without undue delay aftercontract conclusion and payment.
5.2 Client Precautions
The CLIENT (or designated admin) must ensure presence/availability to complete configuration steps,install integrations, and verify correct operation upon activation. Any anomaly should be reportedimmediately to help@kust.ai.
5.2 Provisioning Modality & Transfer of Risk
Provisioning occurs through transfer of access/control to the CLIENT account. Risks related to misuse,unauthorized access due to CLIENT’s credential management, or configuration performed by theCLIENT or third parties are borne by the CLIENT.
6.1 Failure Not Attributable to KUST
If provisioning fails for reasons not attributable to KUST (e.g., incorrect information, unavailable admin, third‑party platform outage), KUST may charge reasonable fees for re‑provisioning or additional attempts.
6.2 Delay & Termination
The CLIENT may terminate the contract if KUST does not provision within: (i) [30 business days] after order confirmation and payment, or (ii) by any specific provisioning date agreed in the order.
Prior to termination, the CLIENT must request provisioning within a reasonable additional period.
Upon effective termination for delay attributable to KUST, KUST will refund sums paid for the undelivered SERVICE(S) within [14 business days] of termination.
7.1 Services & Subscriptions (Digital Content)
For online SERVICES, the CLIENT expressly requests performance to begin as soon as possible.
The CLIENT acknowledges that the withdrawal right does not apply once the SERVICE has been fullyperformed and/or once digital content not supplied on a tangible medium has begun execution following express consent and acknowledgment of loss of the withdrawal right, as permitted by applicable consumer law.
Subscribing to a term plan constitutes a single order obligating payment ofthe full subscription amount for the chosen term.
Any change to these Terms will be subject to prior written notice on a durable medium and the CLIENT’s express acceptance.
Changes take effect at the start of a new contractual period upon renewal, or upon a new order placed after the change is accepted.
KUST may allow CLIENTS to pre‑order certain PRODUCT(S) and/or access pre‑release/beta SERVICE(S).
Pre‑orders authorize KUST to debit the price from the CLIENT’s chosen payment method. If payment cannot be completed, KUST may hold the order for a specified time and then cancel it if unresolved.
Pre‑release features are provided “as is,” may change, and may be withdrawn at KUST’s discretion.
Certain ADD‑ON SERVICES are offered via subscriptions for a fixed initial term (e.g., 12 months).
To avoid unintended loss of service, subscriptions renew automatically for the same term at the then‑current price.
KUST will notify the CLIENT of renewal by email between 90 and 30 days before the end of the initial term.
The CLIENT may opt out of auto‑renewal at any time before the renewal date without penalty. For fixed‑term subscriptions, any month started is due.
KUST provides support via online form or email at help@kust.ai. For efficiency, limited
CLIENT information may be temporarily accessed by support staff solely to resolve the reported issue, in accordance with KUST’s Privacy Policy
12.1 Data Ownership & Confidentiality Commitment
The CLIENT is the sole owner of DATA processed via the SERVICES.
KUST secures DATA, uses it only for limited purposes (e.g., to provide and improve the SERVICES, ensure security, comply with law), and does not sell DATA.
KUST will only share personally identifying information as directed by the CLIENT or where legally required.
12.2 Access to Data
The CLIENT is informed and accepts that KUST may access and disclose DATA pursuant to a lawful request from a competent administrative or judicial authority.
Unless prohibited, KUST will inform theCLIENT without undue delay of such a request and what DATA were disclosed.
12.3 Data Security & Client Responsibilities
The CLIENT is solely responsible for the creation, selection, design and use of DATA within the SERVICES, and for compliance with applicable data‑protection laws for any PERSONAL DATA processed by the CLIENT through the SERVICES.
KUST implements appropriate technical and organizational security measures, but the CLIENT acknowledges that data transfer over public networks (e.g., the Internet)cannot be guaranteed as secure, and KUST cannot be liable for interception or corruption occurring during such transfers outside KUST‑controlled networks.
The CLIENT must implement appropriate access controls, backups and usage policies
13.1 Service Warranty
KUST warrants it has the intellectual property rights necessary to enter into this Agreement and that theSERVICES do not infringe third‑party rights. Except as expressly stated, the SERVICES are provided “as is” and as available, without any other express or implied warranties, including merchantability, fitness for a particular purpose, or error‑free operation.
KUST provides a best‑efforts obligation and does not guarantee specific results (e.g., response times, resolution rates). Not all errors are economically rectifiable or necessary to fix.
13.2 No Hardware Warranty
KUST does not sell hardware. Hardware‑related statutory warranties mentioned in retail contexts do notapply.
KUST shall not be liable for indirect damages, including but not limited to loss of profits, revenue, data, business, goodwill, or third‑party claims, even if advised of the possibility. In all cases, KUST’s aggregate liability for all claims, whatever the legal basis, shall not exceed the total fees(excluding taxes) paid by the CLIENT to KUST during the current contractual period.
KUST shall not be liable in particular for: (i) use of the SERVICES in a manner not provided for or not expressly authorized; (ii) modifications not performed by KUST; (iii) continued use despite KUST’s recommendation to suspend use; (iv) use in a non‑compliant environment; (v) loss of DATA where theCLIENT failed to back up DATA despite being advised to do so; or (vi) damages resulting from theCLIENT’s fault or negligence.
KUST complies with obligations applicable to it as a service provider under the governing law of this agreement.
The CLIENT remains solely responsible for compliance with laws applicable to its own activities and DATA (including, where relevant, privacy, consumer and e‑commerce rules). The CLIENT shall ensure that no unlawful processing arises from its use of the SERVICES.
If any clause is held invalid or unenforceable, the remaining clauses remain in force, and the Parties shall negotiate in good faith a replacement provision. Failure to enforce any provision or tolerate a breach does not constitute a waiver.
These Terms constitute the entire agreement between the Parties and supersede all prior understandings.
The Parties act as independent contractors. KUST may assignor transfer all or part of its rights and obligations under this Agreement to an affiliate or third party.
This Agreement is governed exclusively by the laws of France.
The Parties shall first seek an amicable resolution. Failing that, any dispute relating to formation, validity, interpretation, performance or termination of
the Agreement will be submitted to the [courts of the registered office of KUST / chosen forum], without prejudice to mandatory consumer venue rules where applicable.