Terms of Service

The contract between Kontaim and the organizations and users who access the platform.

Last updated: May 14, 2026

1. Agreement to Terms

These Terms of Service (the “Agreement”) govern access to and use of the Kontaim platform (the “Service”) by the organization that subscribes (the “Customer”), its authorized users (“Authorized Users”), and individuals invited to join live sessions (“Participants”). By creating an account, accepting an order form, or using the Service, you represent that you have authority to bind the Customer to this Agreement.

2. The Service

Kontaim is a SaaS platform for creating, hosting, and analyzing interactive training and engagement experiences. The Service includes:

  • An AI-assisted builder for creating interactive experiences.
  • Live session hosting for facilitated group engagements with ephemeral Participants.
  • Session analytics and post-event review tools.
  • Customer-internal libraries for organization-owned content.

3. Accounts & Authorized Users

Authorized Users access the Service through accounts provisioned by the Customer (or via SSO where configured). Customer is responsible for the actions of its Authorized Users and for keeping account credentials confidential. Customer will notify Kontaim promptly of any unauthorized access.

Participants are not required to create accounts; they join live sessions via a short join code and a display name of their choice. Participant data is governed by the configuration the Customer establishes and by our Privacy Policy.

4. Subscription, Fees & Payment

Access to the Service is provided on a subscription basis as described in the applicable order form or online plan selection. Fees are due in advance. All fees are non-refundable except as expressly stated. Kontaim may suspend or terminate access for non-payment after written notice and a reasonable cure period.

5. Customer Content & License

“Customer Content” means the experiences, copy, images, code, and configuration that Customer or its Authorized Users create or upload to the Service, plus session data collected from Participants. As between the parties, Customer owns its Customer Content.

Customer grants Kontaim a non-exclusive, worldwide, royalty-free license to host, process, transmit, and display Customer Content solely to provide the Service. Kontaim will not use Customer Content to train AI models without separate, explicit, written authorization.

6. Kontaim Platform IP

Kontaim retains all right, title, and interest in and to the Service, including the platform software, AI orchestration systems, infrastructure, designs, and any improvements thereto. Nothing in this Agreement transfers ownership of the Service to Customer.

7. Acceptable Use

Customer and Authorized Users will not:

  • Use the Service in violation of applicable law.
  • Generate, upload, or distribute content that is unlawful, harassing, discriminatory, infringing, or otherwise objectionable.
  • Attempt to access accounts or data they are not authorized to access.
  • Reverse engineer, decompile, or attempt to derive source code from the Service except where permitted by law.
  • Resell, sublicense, or provide the Service to third parties outside Customer's own organization without written authorization.
  • Use automated tools to scrape content or interfere with Service operations.
  • Use the Service to build a competing product.

8. Data Processing

Where Kontaim processes personal data on Customer's behalf, the parties' rights and obligations are set out in our Data Processing Addendum, which is incorporated by reference. Customer remains the data controller for personal data it submits to the Service.

9. Confidentiality

Each party will protect the other's confidential information using the same degree of care it uses to protect its own confidential information (and in no event less than a reasonable standard). Confidential information does not include information that is publicly available, was independently developed, or is required to be disclosed by law.

10. Service Availability

Kontaim will use commercially reasonable efforts to make the Service available 24/7, excluding planned maintenance and circumstances beyond our reasonable control. Specific uptime commitments, where offered, are set out in the applicable order form or service-level addendum.

11. AI Output Disclaimer

The Service uses AI to generate and modify content. AI output can contain errors, omissions, and bias. Customer and Authorized Users are responsible for reviewing AI-generated content before publishing or hosting it for Participants. Kontaim does not warrant the accuracy, completeness, or fitness for purpose of AI output.

12. Warranties & Disclaimers

Kontaim warrants that it will provide the Service in a professional manner and in accordance with this Agreement. EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED “AS IS” AND Kontaim DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13. Indemnification

Each party will defend, indemnify, and hold the other harmless from third-party claims arising out of: (a) its breach of this Agreement, (b) its violation of applicable law, or (c) for Customer specifically, its Customer Content's infringement of third-party rights. The indemnified party will give prompt notice and reasonable cooperation.

14. Limitation of Liability

EXCEPT FOR (i) BREACHES OF CONFIDENTIALITY, (ii) INDEMNIFICATION OBLIGATIONS, OR (iii) WILLFUL MISCONDUCT, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. EACH PARTY'S TOTAL LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO Kontaim IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15. Term & Termination

This Agreement remains in effect for the subscription term set out in the order form. Either party may terminate for material breach that remains uncured after thirty (30) days' written notice. On termination: (a) Customer's access ends, (b) Customer may export its data for thirty (30) days, and (c) Kontaim will then delete Customer Content in accordance with the DPA, unless retention is required by law.

16. Modifications

Kontaim may update this Agreement on notice to account owners. Material changes that meaningfully reduce Customer's rights will not take effect until the renewal of the then-current subscription term. Continued use of the Service after the effective date constitutes acceptance.

17. Governing Law & Disputes

This Agreement is governed by the laws of the Province of Ontario, Canada, without regard to its conflict-of-laws principles. The parties will attempt to resolve disputes in good faith. Failing that, disputes will be resolved in the courts of Ontario, or by binding arbitration if mutually agreed.

18. Entire Agreement

This Agreement (together with the Privacy Policy, the DPA, and any signed order form) is the entire agreement between the parties and supersedes all prior or contemporaneous understandings on the subject matter. If any provision is found unenforceable, the remaining provisions remain in effect.

19. Contact

Questions about this Agreement? Reach legal at support@kontaim.com.

These Terms are provided in good faith and represent Kontaim's current contract template. Customers signing enterprise order forms may negotiate amendments.