Kion Assistant

Terms of Service

The agreement between you and Kion Consulting for Kion Assistant

1. This agreement

These terms govern your use of Kion Assistant, operated by Kion Consulting (kion.co.za). By using the product you accept them. If you do not accept them, do not use the product.

If your employer or another organisation gave you access, a separate agreement between us and that organisation also applies, and where the two conflict, that agreement governs.

2. Who may use it

You may use the product if you are at least 18 years old and an administrator has approved your account. Accounts are personal. Do not share your credentials, and do not let anyone else use your account.

We may refuse, suspend or withdraw access to any account.

3. Acceptable use

You agree not to:

  • use the product unlawfully, or to produce or distribute unlawful material;
  • connect it to a system you are not authorised to access, or use it to gain unauthorised access to anything;
  • upload personal information about other people that you have no lawful basis to process, or confidential information you are not permitted to disclose;
  • attempt to defeat the approval gates, rate limits, sandboxing or access controls, or to extract credentials belonging to other users;
  • resell the product, or use it to build a competing service;
  • interfere with the operation of the service or place an unreasonable load on it.

4. Assistant output, and your responsibility for it

Where the product produces figures, reports or documents, check them against the underlying source before use. Where output is used in a regulated process, a qualified person must review and take responsibility for it. We give no warranty that output is accurate, complete or fit for any particular purpose.

Output generated for you is not exclusive. Similar or identical output may be generated for other users.

5. Connected accounts, machines and autonomous work

The product can act on your behalf: send email from your mailbox, write to your files, run commands on a computer you enrol, and carry out scheduled work without you watching. You control this through the connections you create, the permissions you grant, and the approval settings you choose.

Actions the assistant takes within the permissions you granted are your actions. You are responsible for them as if you had performed them yourself, including where they affect third parties. Grant the narrowest access that lets the work happen, and keep approval gates on for anything consequential.

You confirm that you are entitled to grant the access you grant, including where the account, machine or data belongs to your employer or a client.

6. Your content

You keep ownership of everything you put into the product and everything it generates for you. You grant us the licence needed to host, process and transmit it in order to run the service for you, including sending the relevant part of it to the AI model providers described in our Privacy Policy. That licence ends when you delete the content.

We do not use your content to train our own models.

7. Availability and change

We aim to keep the product available but we do not guarantee uninterrupted service. We may change, suspend or discontinue features, and we may perform maintenance that interrupts access. Where a change removes something you rely on, we will give reasonable notice if circumstances allow.

The product depends on third-party AI providers and on the services you connect. Their failures, changes and rate limits affect it, and are outside our control.

8. Fees and usage costs

Model usage is metered and charged to the account or organisation that incurred it, on the terms agreed with that organisation. Usage figures shown in the product are our record of what was consumed. Where no separate commercial agreement exists, the product is provided without charge and without any commitment to continue providing it.

9. Confidentiality

Each of us may learn confidential information of the other. Each of us will protect it with reasonable care and use it only for the purposes of this agreement. This does not apply to information that is public through no fault of the recipient, was already known, or must be disclosed by law.

10. Disclaimers

The product is provided as is and as available. To the fullest extent the law allows, we exclude all warranties, conditions and representations that are not expressly stated in these terms, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

Nothing in these terms excludes liability that cannot lawfully be excluded, including under the Consumer Protection Act, 2008, where it applies to you.

11. Limitation of liability

To the fullest extent the law allows, neither party is liable for indirect or consequential loss, loss of profit, revenue, goodwill, business opportunity or anticipated saving, or for loss or corruption of data, however it arises.

Our total liability arising out of or in connection with the product, in any twelve-month period, is limited to the amounts you paid us for the product in that period, or ZAR 10,000 if you paid nothing.

12. Indemnity

You will indemnify us against claims, losses and reasonable costs arising from your use of the product in breach of these terms, from content you put into it that you had no right to, or from access you granted that you were not entitled to grant.

13. Suspension and termination

You may stop using the product at any time and ask us to delete your account. We may suspend or terminate access immediately if you breach these terms, if your use threatens the security or integrity of the service, or if we are required to by law. We will give notice where it is reasonable to do so.

On termination, your right to use the product ends. We will delete or return your content in line with our Privacy Policy.

14. Changes to these terms

We may update these terms. The version and date at the foot of this page tell you which version is current. Material changes will be notified in the product or by email before they take effect, and continuing to use the product after that means you accept them.

15. Governing law

These terms are governed by the law of the Republic of South Africa, and the courts of South Africa have exclusive jurisdiction, without regard to conflict of law rules.

16. Contact

Write to [kion.assistant@kion.co.za](mailto:kion.assistant@kion.co.za).