Terms of Service

Introduction

Welcome to Kyth (the "Site"), Kyth's public website. These Terms of Service ("Terms") govern your access to and use of the public, unauthenticated portions of the Site and any content or functionality made available through the Site (such as requesting a demo, contacting us, subscribing to updates, or accessing public resources).

These Terms do not govern access to or use of Kyth's authenticated software platform and related features (the "Kyth Platform" or "Platform"). Use of the Platform is governed by the Kyth Platform User Agreement presented for acceptance when you log in (and, if applicable, any separate written subscription, customer, or master services agreement you or your organization has signed). If there is any conflict or inconsistency, the Platform User Agreement (or such signed agreement) controls with respect to Platform access and use.

Use of Services

By accessing or using Kyth's website or services, you agree to the following basic requirements:

• Eligibility: You must be at least 18 years old to use our services. By using the Site, you represent that you are 18 or older.
• Account Security: If you create an account on Kyth, you are responsible for maintaining the security of your login credentials. Do not share your password, and notify us promptly of any unauthorized access to your account.
• Lawful Use: You agree to use Kyth in compliance with all applicable laws and regulations. You may not use our Site or services for any illegal or unauthorized purpose.

Permitted Use and Conduct

When using our Site and services, you agree not to engage in any of the following prohibited activities:

• Violating Laws or Rights: Do not violate any law, regulation, or court order, and do not infringe on the intellectual property or other rights of anyone. For example, you must not upload or share content that you do not have rights to, and you must not use Kyth's information to compete unfairly or unlawfully in business.
• Harmful Content or Code: Do not transmit any worms, viruses, or destructive code, and do not upload content that is harmful, abusive, harassing, or invasive of another's privacy.
• Unauthorized Access: Do not attempt to gain unauthorized access to Kyth's systems or data, or attempt to probe or test the vulnerability of any Kyth system or network. Similarly, do not use any automated means (such as bots or scrapers) to access the Site without our permission.
• Service Interference: Do not interfere with or disrupt the integrity or performance of our services or the data contained therein. This includes refraining from any activities that could disable, overburden, or impair the Site (e.g., a denial-of-service attack or excessive usage that is outside normal parameters).
• Misuse of Service: You may not use our services in any way that competes with our business or to create a competing product. (For instance, mining or exporting data from Kyth's website to build your own database or service is prohibited.) You also may not use the services to solicit other users or third parties for any purpose unrelated to the use of Kyth (no spam or unauthorized advertising).

We expect all users to use Kyth ethically and respectfully. Violation of any of these rules can result in suspension or termination of your access as described below.

Intellectual Property Rights

• Kyth Ownership: The content, organization, graphics, design, compilation, and other aspects of the Site are protected by intellectual property laws. All content, materials, and functionality made available on or through the Site are the property of Kyth (KYTH LLC) or our licensors and are protected by copyright, trademark, and other intellectual property rights.
• License to You: We grant you a limited, revocable permission to access and make personal use of the public portions of our Site and content. This does not include any resale or commercial use of the Site or its contents, any derivative use of the Site, or any use of data mining, robots, or similar data gathering and extraction tools. You may not reproduce, duplicate, copy, sell, or otherwise exploit our Site or content for any commercial purpose without our express written consent.
• Trademarks: "KYTH," our logo, and any other Kyth product or service names or slogans displayed on the Site are trademarks of Kyth. You must not use these without our prior written permission. All other marks appearing on the Site are the property of their respective owners.
• Your Content: If there are areas on the Site that allow you to post or submit content (for example, comments, feedback, or input on a contact form), you retain ownership of any intellectual property rights in that content. However, by submitting content, you grant Kyth a worldwide, royalty-free, sublicensable license to use, copy, modify, and display your content for the purpose of operating or improving our services. Do not share anything that is confidential or proprietary to you or a third party, as this Site is public-facing.

Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and share information. By using the Site, you acknowledge that your information will be handled as described in our Privacy Policy.

If you are just visiting our website, we collect limited data (such as cookies and analytics data) as described in the Policy. If you sign up for our platform or request a demo, we will collect personal information such as your name, contact details, and any other information you provide, and use it pursuant to the Privacy Policy.

Note: Users of the Kyth platform will have their data processed in accordance with our Privacy Policy and the additional terms of the Kyth User Agreement (clickwrap). For details on our GDPR compliance and data protection practices, please see our Privacy Policy.

Disclaimers

Use at Your Own Risk: The Kyth website and all content and services provided through it are offered on an "as is" and "as available" basis without warranties of any kind. Kyth disclaims any implied warranties (such as merchantability, fitness for a particular purpose, title, non-infringement).

Specifically:

• While we aim for accuracy, we do not guarantee that any content on our Site (including descriptions of features, blog posts, FAQs, or data summaries) is error-free, complete, or up-to-date. For example, if we mention industry statistics or provide recruiting insights on our blog, those are for general informational purposes and might not be updated in real-time.
• We do not warrant that the Site will be available on an uninterrupted or error-free basis, or that the Site is free of viruses or other harmful components. You are responsible for implementing safeguards (like antivirus protection) to protect your devices when using the internet.
• Any links to third-party websites or content are provided for convenience. We do not endorse or assume responsibility for any third-party sites or content. If you access third-party links from our Site, you do so at your own risk.

Limitation of Liability

To the fullest extent permitted by law, Kyth (and its owners, employees, and affiliates) will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of (or inability to use) our Site or services. This includes, for example, damages for loss of profits, data, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages.

Our total liability to you for all claims arising from your use of the Site or services will not exceed $100 USD or the amount you paid to us (if any) for access to the services in the last 12 months, whichever is greater. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you. In such cases, liability is limited to the smallest amount allowable by applicable law.

Termination and Suspension

We reserve the right to terminate or suspend your access to the Kyth Site or services at any time, for any reason, and without advance notice. In particular, if we (in our sole discretion) believe you have violated these Terms or are misusing the Site, we may take immediate action.

Termination of access may include deactivating your account and/or blocking you from our Site. If your account is terminated, you remain prohibited from accessing the Site in the future without our permission. Sections of these Terms that by their nature should survive termination (such as intellectual property rights, disclaimers, limitations of liability, and governing law) will continue in effect.

Changes to Terms

Kyth may revise or update these Terms of Service from time to time. The most current version will be posted on our Site (typically on the Terms or Legal page) with a new "Last Updated" date. If we make material changes, we may also notify users by email or by putting a notice on the website. By continuing to use the Site after any revisions become effective, you agree to be bound by the updated Terms. If you do not agree to the new terms, please stop using the Site.

Governing Law

These Terms of Service and any disputes arising out of or related to your use of the Site are governed by the laws of the State of Georgia, USA, without regard to its conflict of law principles. We and you agree to submit to the personal jurisdiction of the state and federal courts located in Georgia for resolving any such disputes, unless applicable law (or a separate written agreement with you) mandates a different forum or method of resolution. (Consumers in certain states or countries may have specific legal rights or dispute resolution options that cannot be waived; these Terms do not override those laws where applicable.)

Contact Us

If you have any questions, concerns, or feedback about these Terms or the Kyth services, please contact us:

• Email: hello@kyth.ai
• Address: KYTH LLC, 1201 Peachtree Street, N.E., Suite 100, Atlanta, GA 30361, USA

By using Kyth's Site or Services, you acknowledge that you have read, understood, and agree to these Terms of Service. Thank you for using Kyth!