Terms of Service

Last updated 2026-04-26 · Effective from 2026-04-26

1. About Kiseki

Kiseki is a Software-as-a-Service ("SaaS") platform operated by:

MATRIXVISTA - FZCO
101 Building A2, Dubai Digital Park
Dubai Silicon Oasis, Dubai 342001
United Arab Emirates
TRN: 104467565800001
License: 44526 (IFZA)
Email: legal@thekiseki.app

The "KISEKI" trademark is owned by MATRIXVISTA - FZCO.

These Terms of Service ("Terms") govern your access to and use of the Kiseki platform ("Service"), including all features, functionality, websites at thekiseki.app, app.thekiseki.app, api.thekiseki.app, docs.thekiseki.app, and related services.

By creating an account or using the Service, you ("Customer", "you") agree to these Terms. If you do not agree, do not use the Service.

2. Eligibility

You may use the Service if:

You are at least 18 years old (or the age of legal majority in your jurisdiction);
You have legal authority to bind your business to these Terms;
You are not prohibited from receiving services under applicable law (e.g., not on US OFAC sanctions list);
You comply with applicable laws in your jurisdiction.

The Service is intended for B2B use by businesses (coaches, course creators, MLM leaders, DTC brands, agencies, and similar). Consumer use is not supported.

3. Account Registration

To use the Service, you must create an account at app.thekiseki.app. You agree to:

Provide accurate, current, and complete information;
Maintain confidentiality of your account credentials;
Notify Kiseki immediately of unauthorized access;
Take responsibility for all activity under your account.

You are solely responsible for the actions of users you authorize to access your account.

4. Subscription Tiers and Billing

4.1. Tiers

Kiseki offers tiered subscription plans:

Starter: $97/month
Pro: $297/month
Scale: $697/month

Pricing and feature details are at thekiseki.app/pricing.

4.2. Billing via Merchant of Record

All payments are processed by Polar.sh, which acts as Merchant of Record for Kiseki transactions. The Merchant of Record handles billing, payment processing, refunds, and tax compliance (VAT, sales tax) in your jurisdiction.

4.3. Payment terms

Subscriptions are billed monthly in advance. Auto-renewal is enabled by default; you may cancel anytime via your customer portal. Refunds are governed by the Merchant of Record's refund policy (typically a 14-day money-back guarantee for first-time customers).

4.4. Price changes

Kiseki may change pricing with 30 days' notice. Continuing to use the Service after a price change constitutes acceptance.

4.5. Taxes

The Merchant of Record collects applicable taxes (VAT, sales tax, GST) based on your billing jurisdiction. You are responsible for any taxes due in your jurisdiction not covered by the Merchant of Record.

5. Acceptable Use

You agree NOT to use Kiseki to:

5.1. Engage in any of the following content categories

Kiseki reserves the right to suspend immediately:

Adult content, gambling promotion, or weapons sales;
Cryptocurrency, NFT, or "get rich quick" schemes that violate platform policies;
Health claims that violate FTC, FDA, or equivalent regulations in your jurisdiction;
Multi-level marketing recruitment that violates FTC business opportunity rules;
Hate speech, discrimination, harassment, or content targeting protected classes;
Illegal goods or services in your jurisdiction or in the customer's jurisdiction.

5.2. Platform-specific policies

You must not violate the platform-specific policies of integrated services (Meta Ads, Instagram, etc.). Kiseki is not responsible for ad disapprovals, account bans, or policy violations originating from your business operations or content choices.

5.3. Technical restrictions

You must not attempt to:

Reverse engineer, decompile, or extract source code;
Bypass rate limits, scraping protections, or access controls;
Use AI agents to engage in fraud, deception, or manipulation;
Generate or distribute malicious software, phishing content, or spam.

5.4. Intellectual property

You must not violate intellectual property rights of Kiseki, third parties, or other Customers.

5.5. Competition

You must not use the Service to compete directly with Kiseki (e.g., reselling Kiseki AI outputs as a standalone marketing platform).

6. Intellectual Property

6.1. Customer Content

You retain ownership of your business assets, brand, customer lists, and any content you upload to the Service ("Customer Content").

6.2. License to Kiseki

You grant Kiseki a non-exclusive, worldwide, royalty-free license to process, store, display, and transmit Customer Content solely for the purpose of providing the Service. This license terminates upon account closure (subject to retention requirements per Privacy Policy).

6.3. Generated Content

Ad copy, images, landing pages, and prospect conversation templates generated by Kiseki AI agents on your behalf ("Generated Content") are your property to use commercially. You acknowledge that:

Generated Content is provided AS-IS;
You are responsible for reviewing for accuracy, appropriateness, legal compliance, and platform-specific policy adherence;
AI may produce inaccurate, biased, or off-brand outputs; Kiseki disclaims liability for AI output accuracy.

6.4. Kiseki IP

The Kiseki platform, including all software, AI agents, design, branding, and the KISEKI® trademark, are owned by MATRIXVISTA - FZCO. No license is granted except as explicitly stated.

7. AI Agent Behavior Disclosure

Kiseki uses autonomous AI agents to:

Generate ad creative (copy, images);
Engage with prospects via direct messaging on platforms like WhatsApp and Instagram (where you authorize);
Make automated bidding/budget decisions;
Optimize campaign performance.

You acknowledge:

AI agents act on your behalf using credentials you authorize;
AI may make decisions you would not personally make in a given moment;
AI may communicate with prospects in your voice using context you provide;
You retain responsibility for AI-generated communications (legal, regulatory, brand).

You may pause AI agent activity at any time via your customer portal. Kiseki provides "shadow mode" (review before send) and "human-in-the-loop" approval workflows for higher-risk operations.

8. Third-Party Services Integration

8.1. Kiseki integrates with third-party services (Meta Ads, Instagram, WhatsApp Business API, payment processors, etc.). Your use of these integrations is governed by their respective terms.

8.2. You are responsible for complying with each platform's policies. Kiseki acts as your authorized agent within these platforms but is not liable for platform-specific actions, account bans, or policy decisions.

8.3. You authorize Kiseki to access connected accounts via OAuth and other authorization mechanisms strictly for service delivery purposes.

9. Data Privacy and Security

9.1. Kiseki's Privacy Policy describes how Customer data and end-user data are collected, processed, stored, and shared.

9.2. For B2B Customers in jurisdictions requiring a Data Processing Agreement (e.g., EU GDPR Art. 28), Kiseki provides a DPA.

9.3. Customer is the Data Controller for end-user data (their prospects/customers). Kiseki is the Data Processor acting on Customer instructions.

10. Service Levels and Availability

10.1. Kiseki targets 99.5% uptime monthly for production services. Uptime commitments do not apply during planned maintenance (announced at least 24 hours in advance).

10.2. Kiseki is not liable for downtime caused by:

Third-party service outages (Meta, payment processors, infrastructure providers, etc.);
Customer's own infrastructure or credentials;
Force majeure (war, pandemic, regional internet outages);
Customer's content or actions causing platform bans.

10.3. Kiseki may, at its discretion, offer service credits for extended Service-side downtime exceeding the 99.5% threshold.

11. Limitation of Liability

11.1. Service provided "AS IS"

To the maximum extent permitted by law, Kiseki disclaims all warranties (express, implied, statutory) including merchantability, fitness for purpose, and non-infringement.

11.2. Maximum liability

Kiseki's total liability under these Terms shall not exceed the total fees paid by Customer in the 12 months preceding the claim. Kiseki is not liable for:

Indirect, incidental, special, or consequential damages (lost profits, lost business, lost data);
Damages arising from third-party platform actions;
Damages from Customer's content, business decisions, or failure to comply with applicable laws;
AI-generated content accuracy or appropriateness.

11.3. Customer indemnification

Customer agrees to indemnify and hold harmless Kiseki from any claims arising from:

Customer's violation of these Terms;
Customer's violation of third-party platform policies;
Customer's content or business operations;
Customer's regulatory non-compliance.

12. Termination

12.1. By Customer

Cancel anytime via customer portal. Service ends at the end of the current billing period. No refunds for unused portions (governed by the Merchant of Record's refund policy).

12.2. By Kiseki

Kiseki may suspend or terminate Customer's account immediately without notice for:

Acceptable Use violations;
Non-payment exceeding 30 days;
Fraud, chargebacks, or abuse;
Court order, subpoena, or regulatory action.

12.3. Effects of termination

Customer access to Service ends;
Customer Content retained per Privacy Policy retention schedule;
Customer may export their data within 30 days post-termination via request to legal@thekiseki.app;
Outstanding fees become immediately due.

13. Changes to Terms

Kiseki may update these Terms with 30 days' notice via email and posting at legal.thekiseki.app/terms. Continued use after updates constitutes acceptance. Material changes (pricing, ownership, jurisdiction) trigger 60 days' notice.

14. Governing Law and Disputes

14.1. These Terms are governed by the laws of the United Arab Emirates (specifically, Dubai International Financial Centre laws where applicable). For US Customers, US-specific consumer protection laws may also apply.

14.2. Dispute resolution: Parties shall first attempt good-faith negotiation. If unresolved within 60 days, disputes shall be resolved by binding arbitration administered by the Dubai International Arbitration Centre or DIFC LCIA Arbitration Centre, with proceedings in English. Class action waiver: parties waive class action rights.

14.3. Severability: If any provision is unenforceable, the remainder remains in force.

15. Contact

For questions, complaints, or legal notices:

For postal mail:

MATRIXVISTA - FZCO (Kiseki)
101 Building A2, Dubai Digital Park
Dubai Silicon Oasis, Dubai 342001
United Arab Emirates