kopair / Legal
Terms of Service
These Terms of Service ("Terms") govern access to kopair.com, the dashboard, public Sandbox, website experimentation software, SDK, AI tools and related services (collectively, the "Services") provided by kopair ("kopair", "we", "us" or "our"). Contact: info@kopair.com.
By affirmatively accepting these Terms when creating an account, you agree to them. If you act for an organisation, you represent that you are authorised to bind it, and "you" and "customer" include that organisation. If you do not agree, do not create an account or install or use the Services. Our public demo presents a separate notice linking these Terms before a session is requested.
1. Eligibility, accounts and authority
The Services are offered for business and professional use to persons aged 18 or over who can enter into a binding agreement. You must provide an email address you control, keep account information accurate, protect access to that email and your workspace, and promptly notify us of suspected unauthorised access. You are responsible for persons to whom you grant access and for activity you authorise through your account, subject to applicable law.
Email verification may create an account and workspace when none exists. You must accept the Terms and acknowledge the Privacy Policy before requesting a sign-in code through the account-creation flow. We may retain the document versions and acceptance and verification timestamps as evidence of the transaction. This is not marketing consent.
2. Services and limited permission
Subject to these Terms, your applicable order and any usage limits, we grant you a limited, non-exclusive, non-transferable right to use the Services for your lawful internal business purposes and for websites you are authorised to manage. No ownership in kopair software, interfaces, documentation, branding or underlying technology transfers to you. We reserve all rights not expressly granted.
The Services can prepare website variations, apply rules through a browser SDK, collect configured experiment events and provide reports. Sandbox is a preview environment; it is not a running statistical experiment or a guarantee of how a live website will behave. Features may depend on browser support, website permissions, connectivity, security policies, external providers and configuration.
3. Customer content, permissions and lawful use
You retain your rights in content and configuration you provide. You grant kopair and the service providers engaged to deliver the Services permission to access, reproduce, transmit, process and display that material only as needed to provide, secure, support and administer the Services, comply with law, and exercise rights expressly provided in these Terms or an applicable data processing agreement. You are responsible for having the necessary rights and permissions.
- Only submit or connect websites that you own or are authorised to test and modify. A public URL is not, by itself, permission to copy, alter, automate access to, or process data from that website.
- Provide lawful notices and obtain visitor consent and other permissions required for cookies, experimentation, profiling, content changes and data collection. Configure your consent manager to prevent loading or activating the SDK until permission exists where required.
- Do not submit passwords, secrets, payment credentials, special-category personal data or information about children to public Sandbox or AI tools. Do not use the Services to collect such data unless a separate written arrangement expressly permits it and all legal requirements are met.
- Do not use the Services for unlawful, deceptive, discriminatory, infringing or harmful content; to bypass access controls, robots or security restrictions; to introduce malicious code; to probe systems without permission; or to interfere with the Services or third parties.
- Do not use the Services in safety-critical systems, emergency services or other situations in which a software error could reasonably cause death, injury or comparable serious harm.
You are responsible for the legality, accuracy and consequences of your experiment content, decisions and visitor-facing communications. We may refuse, remove or restrict content or access where reasonably necessary to comply with law, protect systems or address a material breach.
4. Important website, SDK and availability risks
The Services can affect the availability, performance, rendering, accessibility and functionality of your website. SDK execution, configuration errors, DOM or style changes, incompatible scripts, malformed rules, delayed or failed network requests, outages, security-policy changes, browser behaviour, provider failures or defects in kopair may cause slow loading, flicker, missing or incorrect content, inaccessible controls, broken navigation, interrupted forms or checkout, loss or duplication of events, or partial or complete website unavailability. Such effects may occur even when a preview appears correct.
You acknowledge these risks and are responsible for testing changes before release, reviewing rules and AI output, monitoring the affected pages and conversion flows, maintaining independent backups and recovery procedures, limiting rollout where appropriate, and keeping a way to disable experiments or remove the SDK independently of the dashboard. Where an outage prevents access to kopair, recovery may require changes through your own website, tag manager, deployment or proxy configuration.
We do not guarantee uninterrupted or error-free service, any minimum uptime, compatibility with every site, immediate propagation or rollback, or that a failure will always leave the original page unaffected. Descriptions of fallback or safety behaviour do not constitute an absolute warranty. No service-level commitment or service credit applies unless expressly agreed in a separate written agreement.
To the maximum extent permitted by applicable law, kopair disclaims responsibility for customer-website downtime, inaccessibility, degraded performance, broken functionality, lost traffic, lost conversions, lost revenue and related losses arising from the installation, use, failure, malfunction or unavailability of the Services, including the SDK and AI-generated or manually configured changes, subject always to the non-excludable liabilities in section 10. This provision is intended to allocate commercial risk, not to exclude rights that the law does not allow us to exclude.
5. AI output, experiments and reliance
AI suggestions and generated content may be inaccurate, incomplete, unsuitable, non-unique, infringing or inconsistent with your intended result. You must review, test and approve them before use. AI output does not constitute legal, financial, security or other professional advice, and we do not guarantee ownership, exclusivity, originality or freedom from third-party claims in generated material.
Reports depend on the events received, goal definitions, assignments, configuration, sample size and statistical assumptions. Browser restrictions, ad blockers, consent decisions, delayed events, attribution choices, outages or customer integrations can affect completeness and interpretation. We do not guarantee a conversion increase, revenue increase, correct business decision or a particular experimental outcome. You remain responsible for the conclusions and actions you take.
6. Public demo, trials and evaluation features
Demo, trial, beta and evaluation features may have reduced support and functionality, may change or stop, and are provided without a service-level commitment. The public demo currently permits a session of up to 10 minutes and up to five AI requests, with a pause between AI requests. Rate and capacity limits also apply, including limits on concurrent sessions and session creation. Failed page-loading attempts may count toward rate limits.
Public-demo edits are temporary, are not automatically transferred to an account and may be lost when the session ends, the browser closes or a component restarts. Do not rely on an evaluation environment as the only copy of important work. We may adjust reasonable demo limits to control abuse and resource use; current limits do not create a perpetual entitlement.
7. Credits, purchase requests and payment
Current pricing, currency, quantities, applicable taxes, expiry conditions and payment arrangements, where offered, are shown in the applicable order or purchase confirmation. Submitting a purchase request is not a representation that a payment has been taken or that an order has been accepted. An order becomes binding as stated in its confirmation. No automatic renewal or recurring charge is authorised solely by creating an account.
Where participant credits apply, usage is measured under the displayed product definition. The same visitor may consume a credit separately in separate experiments. Credits measure access or usage, not successful conversions or revenue. An insufficient balance may pause experiments or restrict additional participation. You must monitor balances and allow for the time needed to process a purchase request.
Unless an order or applicable law provides otherwise, used credits and fees for services already supplied are not refundable. Any treatment of unused credits, cancellation, expiry or refunds must be stated in the applicable order; these Terms do not retroactively impose an undisclosed expiry. Mandatory refund, cancellation and consumer rights prevail over contrary wording. Taxes and additional fees must be disclosed as required by law.
8. Privacy, processors and third-party services
Our Privacy Policy describes data handling. Where we process personal data on your behalf and a data processing agreement is legally required, it must be put in place before that processing. These Terms and a Privacy Policy acknowledgment alone do not replace such an agreement or any international-transfer safeguards.
Hosting, email, AI, analytics, browser, network, payment and customer-configured integrations can involve third-party services. Their availability and terms may affect functionality. You authorise disclosures needed for integrations you request, provided they are lawful and consistent with the applicable processing arrangements. We do not guarantee third-party performance. References to providers do not grant permission to disregard data protection or other legal obligations.
9. Warranty disclaimer
To the maximum extent permitted by law, the Services, including demos, software, AI output and reports, are provided "as is" and "as available", without express, implied or statutory warranties, including warranties of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement, except as expressly stated in a separate signed agreement or required by law. No marketing statement, support communication, preview or prior performance creates a warranty beyond an express written commitment.
10. Limitation of liability and mandatory exceptions
To the maximum extent permitted by applicable law, kopair shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for indirect, incidental, special, exemplary, punitive or consequential loss; loss of profits, revenue, business, savings, opportunity, goodwill or data; business interruption; or customer-website outage or impaired availability, whether such loss is characterised as direct or indirect, arising out of or relating to the Services. These limitations apply even if the possibility of loss was disclosed or foreseeable and are subject to the following paragraphs.
To the maximum extent permitted by law, kopair's aggregate liability for all claims arising out of or relating to the Services shall not exceed the fees actually paid by you to kopair for the affected Services during the 12 months immediately preceding the event first giving rise to the claim. For Services supplied entirely free of charge, liability is excluded to the extent permitted by law. Related claims constitute one claim for this cap.
Nothing in these Terms excludes or limits liability for fraud or fraudulent misrepresentation; death or personal injury caused by negligence where such exclusion is prohibited; wilful misconduct, gross negligence or other conduct to the extent its exclusion is prohibited; obligations or liabilities under data protection law that cannot lawfully be excluded; or any other liability or remedy that cannot be excluded or limited by applicable law. Mandatory consumer protections, where they apply despite the business-use scope of these Terms, remain unaffected. Where a limitation is unenforceable, it applies only to the maximum lawful extent.
11. Customer indemnity
To the extent permitted by law, you will indemnify kopair against reasonable losses, liabilities and external legal costs arising from a third-party claim caused by your unlawful content, infringement of third-party rights, unauthorised website access, or material breach of your data protection or permitted-use obligations. This obligation does not extend to the extent a claim is caused by kopair's breach, negligence or other fault. We will give reasonable notice, cooperate at your expense and permit a reasonable defence; you may not agree a settlement imposing an admission or non-monetary obligation on us without our written approval.
12. Suspension, termination and data
You may stop using the Services at any time and request account closure at info@kopair.com. Removing the SDK, ending a session and closing an account are separate actions. You are responsible for removing installed scripts, disabling integrations and restoring your website as necessary. Stopping use does not automatically erase retained records or cancel an accepted order.
We may suspend or terminate access for material breach, non-payment of an amount lawfully due, abuse, a security threat, legal requirements or discontinuation of a service. Where practicable and appropriate, we will give notice and a reasonable opportunity to remedy a breach or retrieve available data. We may act immediately where delay would create risk or be unlawful. Data will be handled under the Privacy Policy, applicable processing agreement and law; we do not promise indefinite storage or automatic export after termination.
Provisions which by their nature must survive termination, including accrued payment obligations, intellectual property, lawful risk allocation, liability limits and dispute provisions, will survive.
13. Changes, events beyond control and general provisions
We may change the Services and these Terms. Material changes to contractual terms will be communicated reasonably in advance where practicable, and additional acceptance will be requested where required. Changes do not retroactively remove accrued rights or mandatory protections. The version accepted at account creation is recorded. A later text posted on this page is not, by itself, evidence that you accepted that later version.
Neither party is responsible for a delay or failure caused by events beyond its reasonable control, to the extent relief is available under applicable law, but this does not excuse accrued payment obligations or mandatory duties. If part of these Terms is invalid, the remaining provisions continue to the extent legally possible. A failure to enforce a provision is not a waiver. These Terms, applicable orders and any signed agreements form the agreement concerning the Services; a specific signed agreement controls in the event of a conflict on its subject matter.
14. Applicable law, disputes and contact
These Terms do not select an exclusive governing law or court. Applicable law and the competent forum are determined under the rules that legally apply to the parties and the dispute, unless a separate lawful written agreement provides otherwise. Mandatory statutory rights and any right to bring a claim before a legally competent court or regulator remain unaffected.
Before commencing a dispute, where lawful and practical, contact info@kopair.com with sufficient detail for us to seek an informal resolution. This request does not restrict urgent relief, regulatory complaints, statutory time limits or rights that cannot be waived.