Kallavy Platform Terms of Use

Kallavy is a Brazilian platform that provides a single access point (unified endpoint) to artificial intelligence models from various global providers, with intelligent routing, usage management, billing in Brazilian reais, invoicing and Portuguese-language support. These Terms of Use ("Terms") govern access to and use of the Platform.

1. Definitions

• "Kallavy", "Platform", "we": the software platform operated by Kallavy Intelligence Brasil Ltda., registered under CNPJ No. 46.887.359/0001-23, headquartered in Manaus/AM, Brazil, accessible at kallavy.com, app.kallavy.com and api.kallavy.com.
• "Client", "User", "you": the individual or legal entity that registers and uses the Platform.
• "Corporate Account": an account held by a legal entity, managed by one or more administrators.
• "Administrator": a person designated by the Corporate Account to manage users, settings and consumption.
• "Authorized User": a person enabled by an Administrator to use the Platform under a Corporate Account.
• "Services": the Platform's features, including the API, the web console, the chat, request routing and credit management.
• "Third-Party Providers": the AI model suppliers Kallavy connects to in order to process the Client's requests (e.g., OpenAI, Anthropic, Google, and others listed in Section 6).
• "Input": the prompts, files, instructions and data the Client sends to the Platform.
• "Output": the content generated by the AI models in response to the Input.
• "Credits": the prepaid balance purchased by the Client to consume the Services.

2. Purpose and nature of the service

Kallavy is a software product (an intermediating and aggregating platform) that integrates, within its own infrastructure, access to AI models from Third-Party Providers and makes them available to the Client through a unified interface, adding its own features for routing, standardization, monitoring, cost control, security and support.

The Client connects exclusively to the Kallavy Platform, which processes each request using credentials and accounts owned by Kallavy itself with the Third-Party Providers. The Client does not receive, and has no right to receive, API keys, credentials or accounts of the Third-Party Providers. Kallavy does not constitute, and must not be interpreted as, the resale, sublicensing or assignment of raw access to the Third-Party Providers' APIs, but rather a proprietary service built on top of them.

3. Registration, eligibility and account

• The Client must have full legal capacity and be at least 18 years old. The Platform is intended for professional and business use, not for use by minors.
• The Client will provide true, complete and up-to-date information (including CNPJ or CPF, email and contact details) and is responsible for keeping it current.
• Kallavy's credentials and API keys are personal and non-transferable. The Client is fully responsible for all activity under its account, must keep its keys confidential, and must immediately report any unauthorized use.
• It is prohibited to share, resell, lease or transfer access to your account or Kallavy API keys to third parties without prior written authorization.
• One account per holder. Creating multiple or alternate accounts to circumvent usage limits, free credits, suspensions or blocks is prohibited. Kallavy may adopt technical measures to detect and prevent such practices, including refusing new registrations linked to previously sanctioned accounts.
• Kallavy may request additional information for identity and usage verification (KYC), including to meet Third-Party Provider requirements, and the Client agrees to cooperate with such requests.

4. Corporate accounts and authorized users

• In a Corporate Account, the Administrator is responsible for registering, configuring and revoking the access of its Authorized Users, as well as for setting consumption limits and internal use policies.
• The Client holding the Corporate Account is responsible to Kallavy for all acts and omissions of its Authorized Users, including any violation of these Terms or the Third-Party Providers' policies.
• The Administrator is responsible for ensuring its Authorized Users know and comply with these Terms and applicable policies, and for obtaining the authorizations and consents needed to process data they enter into the Platform.
• Depending on the Corporate Account's settings, certain content and usage metrics may be visible to the Administrator. Kallavy is not responsible for internal access policies defined by the Client.

5. Credits, payment, invoicing and right of withdrawal

• The Services are offered mainly on a prepaid model: the Client purchases Credits (for example, via PIX) that are consumed as the models are used.
• Consumption is measured in tokens (or equivalent units per modality) and debited from the balance according to the prevailing price table, which may vary per model and per Third-Party Provider.
• For each purchase of Credits, Kallavy will issue the applicable tax document (NFS-e), made available to the Client.
• Kallavy may change prices, available models and commercial conditions, with reasonable prior notice by electronic means. Changes do not affect Credits already purchased.
• Unused balances may be subject to an expiration period disclosed at the time of purchase.

6. Third-party providers and pass-through of policies (flow-down)

By using Kallavy, the Client acknowledges that its Inputs may be processed by Third-Party Providers, each with its own terms of use and acceptable use policies. The Client agrees to comply with, and to ensure that its own end users comply with, the acceptable use policies of each Third-Party Provider whose model the Client uses through the Platform. These policies are incorporated into these Terms by reference. The main Providers and their policies are:

In particular, the Client agrees that it will not use the Platform to:

• generate child sexual abuse material (CSAM) or any content that sexualizes minors;
• promote terrorism, violence, harm to people, or the development of weapons (including chemical, biological, radiological, nuclear, or high-yield explosive weapons);
• carry out illegal activities, fraud, phishing, social engineering, malware or attacks on systems;
• generate deceptive misinformation, impersonation or defamatory content;
• infringe the intellectual property, privacy or personal data rights of third parties;
• use the Outputs to train, develop or improve AI models that compete with the Third-Party Providers or with Kallavy itself;
• apply AI, without adequate human oversight, to high-risk decisions (legal, medical, financial, credit, employment) where this is prohibited by the applicable Provider's policy.

6.1. Geographic and eligibility restrictions of the Providers

Certain Third-Party Providers do not authorize access to their models by users who are (i) located in certain countries or regions, or (ii) acting on behalf of certain entities or organizations, due to export controls, sanctions or their own policies. As a result, the availability of specific models may vary and Kallavy may restrict or block access to certain models to comply with such requirements.

The Client agrees not to circumvent, and not to attempt to circumvent, the Providers' geographic or eligibility restrictions, including through VPNs, proxies, location spoofing or identity falsification. The Client is responsible for complying with all applicable export control and sanctions laws. Violation of this clause is a material breach and may result in immediate suspension.

6.2. AI-use transparency

Where the Platform is used to offer a chatbot or assistant to end users, the Client must, when required by the applicable Provider's policy, inform such users that they are interacting with an artificial intelligence, and not with a human being. The Client is solely responsible for its Inputs and for its use of the Outputs, and remains responsible to Kallavy for its own end users.

7. Acceptable use and prohibited conduct

In addition to the prohibitions in Section 6, the Client agrees not to:

• circumvent, disable or interfere with technical limits, security filters, billing mechanisms, quotas or protective measures of the Platform;
• perform reverse engineering, decompile, or attempt to extract the source code, models or secrets of the Platform;
• conduct "red teaming", adversarial testing, jailbreaking, prompt injection or attempts to bypass the models' safeguards without prior written authorization from Kallavy. Such activities are monitored by Kallavy and the Providers and may result in account suspension;
• scrape, perform unauthorized automated collection, or copy Platform content in bulk;
• overload, harm or disrupt the operation of the Platform (e.g., malware, denial-of-service attacks, abusive traffic);
• use the Platform for any unlawful or fraudulent purpose or in violation of third-party rights.

8. Intellectual property and third-party marks

The "Kallavy" name, the logo, the interface, the software and the Platform's documentation are owned by Kallavy and protected by law. These Terms do not transfer to the Client any right over Kallavy's intellectual property, except for the limited license to use the Services.

The names, trademarks and logos of the Third-Party Providers (such as OpenAI, Anthropic, Claude, Google, Gemini, Mistral, DeepSeek, Cohere, Perplexity, Llama, among others) are trademarks of their respective owners. Kallavy is not affiliated with, sponsored by, endorsed by or officially associated with these providers, and the mention of their names is merely descriptive, to indicate the technical compatibility of the models available through the Platform (nominative use).

Any comments, suggestions or improvement ideas ("Feedback") submitted by the Client may be freely used by Kallavy, without restriction and without creating any obligation or consideration.

9. Content, inputs and outputs (AI)

• The Client retains ownership of its Inputs. To the extent permitted, ownership of the Outputs follows the licenses of the applicable models and Providers; as between Client and Kallavy, the Outputs belong to the Client.
• Outputs are generated by statistical models and may contain inaccuracies, errors or outdated information. The Client must not treat them as absolute truth or as professional advice, and must independently verify their accuracy before any relevant use.
• The Client is responsible for ensuring it has the necessary authorizations over the data it enters into the Platform and for not entering data it is not authorized to process.

10. Confidentiality

Each party may have access to the other's confidential information (including technical and commercial data, credentials, contractual conditions and non-public content). Each party agrees to keep confidential the other's confidential information, use it only for the purposes of these Terms, and protect it with the same care it applies to its own confidential information, subject to the Privacy Policy regarding personal data. Information that becomes public through no fault of the receiving party, or whose disclosure is required by law or competent authority, is not considered confidential.

11. Personal data protection (LGPD)

Kallavy processes personal data in accordance with Brazilian Law No. 13,709/2018 (LGPD). Regarding the data the Client submits through Inputs, Kallavy acts, as a rule, as a data processor (operadora), processing it on behalf of and for the Client (controller), in accordance with the Client's instructions and these Terms. For large-scale processing, a specific Data Processing Agreement (DPA) may be signed.

• International transfer: by using models from Providers based abroad, the Client acknowledges and authorizes that its Inputs may be transmitted and processed outside Brazil, subject to applicable safeguards.
• Data subject rights: Kallavy provides means to handle requests for access, correction and deletion of data, as set out in the LGPD.
• Incidents: in the event of a security incident with relevant risk, Kallavy will notify the Client within the timeframes and in the manner required by law.
• Data processing is detailed in the Privacy Policy, which is part of these Terms.

12. Availability, suspension and termination

• Kallavy strives to keep the Platform available but does not guarantee uninterrupted or error-free operation, as there may be maintenance, Third-Party Provider outages or events beyond its control.
• Kallavy may suspend or limit the Client's access, in whole or in part, in case of violation of these Terms or the Providers' policies, suspected fraud, abuse, default or legal/regulatory requirement. Whenever possible and reasonable, Kallavy will notify the Client in advance, granting time to remedy the issue and to export its data.
• The Client may terminate its account at any time. Except for the right of withdrawal (Section 5), termination does not give rise to any refund of Credits already consumed.
• Third-Party Providers may, at their discretion, discontinue models or change their policies; in such cases Kallavy may adjust or remove models from the Platform.

13. Disclaimer of warranties

The Services are provided "as is" and "as available". To the maximum extent permitted by law, Kallavy makes no warranties of fitness for a particular purpose, accuracy, reliability or results arising from the use of AI-generated Outputs.

14. Limitation of liability

To the maximum extent permitted by applicable law, Kallavy's total liability arising out of or related to these Terms is limited to the amount actually paid by the Client to Kallavy in the 3 (three) months preceding the triggering event. Kallavy is not liable for indirect damages, lost profits, loss of data or opportunity, nor for acts, omissions, outages or content generated by Third-Party Providers. Nothing in these Terms excludes liabilities that cannot be excluded by law (notably under the Brazilian Consumer Code, where applicable).

15. Indemnification

The Client agrees to indemnify and hold Kallavy harmless (and, where applicable, the Third-Party Providers) from any claims, losses, damages and expenses (including legal fees) arising from (a) its Inputs or data provided; (b) the use the Client or its end users make of the Services and Outputs; and (c) any violation of these Terms or the Third-Party Providers' policies.

16. General provisions

• Assignment: the Client may not assign or transfer these Terms without Kallavy's prior consent. Kallavy may assign them, in whole or in part, in the context of corporate reorganization, merger, acquisition or transfer of assets, upon notice.
• Force majeure: neither party is liable for failures or delays caused by events beyond its reasonable control (acts of God or force majeure), including failures of Third-Party Providers, telecommunications, power, cyberattacks or determinations by authorities.
• Electronic communications: the Client agrees to receive communications related to the Services by electronic means (email and notices on the Platform), which have the same validity as written communications.
• Severability: the invalidity of any clause does not affect the others, which remain in full force.
• No waiver: tolerance of any breach does not imply waiver of the right to enforce the provision later.
• Survival: clauses that, by their nature, must survive termination (including intellectual property, confidentiality, limitation of liability, indemnification and venue) remain in force after termination.

17. Changes to these Terms

Kallavy may update these Terms at any time, publishing the revised version on this page with the respective update date. Relevant changes will be communicated by electronic means. Continued use of the Platform after the changes take effect implies acceptance.

18. Governing law and venue

These Terms are governed by the laws of the Federative Republic of Brazil. The courts of the District of Manaus, State of Amazonas are elected to settle any disputes, waiving any other, however privileged, except for cases of mandatory legal jurisdiction (such as the consumer's domicile, where applicable).

19. Contact

Questions about these Terms may be sent to contato@kallavy.com. Privacy and data protection matters: privacidade@kallavy.com.