Welcome to KaHappy. By accessing or using our platform at kahappy.com, you agree to be bound by these Terms & Conditions. Please read them carefully before using our services.

1. Definitions

"Platform" refers to the KaHappy website, application, and all related services. "KaHappy," "KaHappy.com," "we," "us," or "our" refers to KaHappy LLC, a limited liability company. "Agent" refers to an AI chatbot created using the Platform. "User," "you," or "your" refers to any individual or entity accessing or using the Platform.

2. Account Registration

To access certain features of the Platform, you must create an account. You agree to:

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information
Keep your password secure and confidential
Accept responsibility for all activities that occur under your account
Notify us immediately of any unauthorized use of your account

You must be at least 18 years old to create an account. We reserve the right to suspend or terminate accounts that violate these terms.

3. Subscription Plans & Billing

3.1 Plans

KaHappy offers Free, Pro, Business, and Enterprise subscription plans. Each plan includes different features, agent limits, message limits, and credit allocations as described on our Pricing page. Plan details are subject to change with reasonable notice.

3.2 Billing

Paid subscriptions (Pro and Business) are billed monthly through Stripe. By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis. You may cancel your subscription at any time through the customer billing portal. Enterprise subscriptions are billed under separate agreements as described in Section 12.

3.3 Refunds

Subscription fees are generally non-refundable. If you cancel a paid plan, you will retain access to paid features until the end of your current billing period. One-time credit pack purchases are non-refundable once credits have been used. Enterprise refund terms are governed by the applicable Enterprise Agreement.

3.4 Credits

Monthly credits reset at the start of each billing cycle and do not roll over. Bonus credits purchased separately do not expire. Credit consumption rates vary by AI model used. Enterprise plans may include custom credit allocations and overage terms as specified in the Enterprise Agreement.

4. Acceptable Use

You agree not to use the Platform to:

Create agents that generate illegal, harmful, abusive, threatening, defamatory, or otherwise objectionable content
Impersonate any person or entity, or misrepresent your affiliation with a person or entity
Upload, paste, or otherwise provide to an agent any content — including books, manuscripts, articles, course materials, images, or other works — that you do not own or do not have the necessary rights, licenses, or permission to use
Reproduce, distribute, or create agents from copyrighted, pirated, scraped, or publicly available materials that belong to a third party without that party's authorization
Distribute spam, malware, or phishing content through agents
Attempt to gain unauthorized access to our systems or other users' accounts
Use agents for any purpose that violates applicable local, state, national, or international laws
Scrape, data-mine, or otherwise extract data from the Platform without our written consent
Overload the Platform with excessive requests designed to degrade service for others

We reserve the right to suspend or terminate your account and remove any agents that violate these terms, with or without notice.

5. AI-Generated Content

Agents created on KaHappy use artificial intelligence to generate responses. You acknowledge that:

AI-generated content may not always be accurate, complete, or appropriate
You are responsible for reviewing and monitoring your agent's responses
We do not guarantee the accuracy, reliability, or suitability of any AI-generated content
You are responsible for the content your agent provides to your end users

We recommend including appropriate disclaimers when deploying agents for professional, legal, medical, or financial advice.

6. Intellectual Property

6.1 Your Content

You retain ownership of all content you provide to the Platform, including knowledge base content, agent configurations, and branding assets. By uploading content, you grant us a limited license to use it solely to provide the Platform's services to you.

6.2 Content Ownership & Your Representations

You are solely responsible for all content you upload, paste, or otherwise provide to the Platform or to any agent, including knowledge base text, documents, books, manuscripts, images, and other materials ("User Content"). By providing User Content, you represent and warrant that:

You are the owner of the User Content, or you have obtained all licenses, rights, consents, and permissions necessary to use it and to authorize us to process it as part of the Platform's services;
The User Content, and our use of it to provide the services, does not and will not infringe, misappropriate, or violate the intellectual property rights, publicity rights, privacy rights, or any other rights of any third party;
The User Content is not pirated, scraped, or copied from a third party without authorization, and does not consist of publicly available materials that you do not otherwise have the right to use.

We do not pre-screen or verify the ownership of User Content, and we are not responsible for verifying whether you hold the rights to any material you provide. You bear full responsibility for ensuring you have the right to use your User Content. If we receive a credible claim that your User Content infringes a third party's rights, we may remove or disable access to the affected agent or content, and may suspend or terminate your account, with or without notice.

6.3 Our Platform

The Platform, including its design, code, features, and documentation, is owned by KaHappy LLC and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Platform without our written permission.

6.4 Agent Output

You own the output generated by your agents within the scope of your use of the Platform.

6.5 Copyright Complaints & DMCA Takedown Policy

We respect the intellectual property rights of others and expect our users to do the same. We respond to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (DMCA) and other applicable laws.

If you are a copyright owner (or authorized to act on behalf of one) and believe that content on the Platform — including material used to train or power an agent — infringes your copyright, you may submit a takedown notice. Your notice must include:

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
Identification of the copyrighted work claimed to have been infringed (e.g., the title of your book or work);
Identification of the material that is claimed to be infringing and enough information to locate it (e.g., the agent name, URL, or share link);
Your contact information, including your name, mailing address, telephone number, and email address;
A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

You may submit a takedown notice through our Copyright & DMCA page or by emailing our designated agent at [email protected] with the subject line "DMCA Takedown Notice." Upon receiving a valid notice, we will promptly remove or disable access to the allegedly infringing content and make a good-faith effort to notify the user who provided it. If you believe content was removed in error, you may submit a counter-notice containing the information required by the DMCA.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing, or was removed by mistake, may be liable for damages.

6.6 Repeat Infringer Policy

We reserve the right, in our sole discretion, to remove any agent or content, and to suspend or terminate the accounts of users who are the subject of repeated copyright or intellectual property complaints, or who we determine, in appropriate circumstances, to be repeat infringers. We may take this action with or without notice.

7. Data & Privacy

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to our data practices as described in the Privacy Policy.

8. Service Availability

We strive to maintain high availability of the Platform but do not guarantee uninterrupted or error-free service. We may perform maintenance, updates, or modifications that temporarily affect availability. We are not liable for any losses resulting from service interruptions.

Enterprise customers may receive enhanced service availability commitments as defined in their Service Level Agreement (SLA). Refer to Section 12 for details.

9. Limitation of Liability

To the maximum extent permitted by law, KaHappy and its officers, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform, including but not limited to lost profits, data loss, or business interruption.

Our total liability for any claim arising from your use of the Platform shall not exceed the amount you paid to us in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless KaHappy and its officers, employees, and affiliates from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from your use of the Platform, your agents' content, or your violation of these Terms. This includes, without limitation, any claim brought by a third party alleging that your User Content — or our processing of it to provide the services — infringes, misappropriates, or violates that party's copyright, trademark, publicity, privacy, or other rights, or that you did not have the right to upload or use that content.

11. Termination

Either party may terminate your account at any time. Upon termination, your right to access the Platform ceases immediately. We may retain certain data as required by law or for legitimate business purposes. Sections regarding intellectual property, limitation of liability, and indemnification survive termination.

12. Enterprise Plan Terms

12.1 Enterprise Agreements

Enterprise plans are offered on a custom basis. Pricing, features, and terms are negotiated individually and documented in a separate Enterprise Agreement between you and KaHappy. In the event of a conflict between these general Terms and your Enterprise Agreement, the Enterprise Agreement shall prevail.

12.2 Service Level Agreement (SLA)

Enterprise customers may receive a Service Level Agreement that defines:

Uptime guarantees and availability targets
Response times for priority support requests
Escalation procedures for critical issues
Service credit remedies for SLA breaches

Specific SLA terms, including uptime percentages and remedies, are defined in the applicable Enterprise Agreement.

12.3 Multi-User Team Access

Enterprise plans may include multi-user team access. The account owner ("Admin") is responsible for:

Managing team member invitations, roles, and permissions
Ensuring all team members comply with these Terms and the Enterprise Agreement
Revoking access for team members who leave the organization or violate these Terms
All activity performed by team members under the organization's account

Team members may be assigned a role of Admin or Member. Admins can manage team settings, invite or remove members, and configure agents and account settings. Members have access to view team agents and collaborate as permitted by the Admin, but cannot edit other members' agents or manage account-level settings unless granted Admin privileges.

12.4 Fair Use Policy

Enterprise plans offering unlimited agents, messages, or credits are subject to a fair use policy. "Unlimited" means no pre-set hard cap for normal business operations, but does not permit:

Automated or programmatic abuse designed to consume excessive resources
Reselling or redistributing Platform access to third parties not covered by the Enterprise Agreement
Usage patterns that materially degrade service quality for other customers

If we determine that usage significantly exceeds reasonable business use, we will contact you to discuss adjustments before taking any action. We will not reduce service without prior notice and a reasonable opportunity to remedy the situation.

12.5 Custom Domains

Enterprise and eligible plans may allow you to connect a custom domain so that your agents are served under your own domain name. If you use this feature, you acknowledge and agree that:

You are solely responsible for registering, owning, controlling, and maintaining the custom domain, including timely renewal and payment of all registrar fees
You are responsible for correctly configuring your domain's DNS records as instructed; we are not liable for downtime, errors, or service interruptions caused by incorrect, incomplete, or delayed DNS configuration
You must have the legal right to use any domain you connect, and you may not connect a domain that infringes, dilutes, or otherwise violates the trademark, intellectual property, or other rights of any third party
We are not responsible if your domain expires, is suspended, transferred, seized, or reclaimed by a registrar or authority, or otherwise becomes unavailable through no fault of ours
Connecting a custom domain does not transfer ownership of the underlying Platform, agents, or technology, which remain the property of KaHappy LLC
We may require domain ownership verification before activation and reserve the right to suspend or remove a custom domain that violates these Terms or applicable law

You remain responsible for all content delivered through your custom domain, and your use of the custom domain remains subject to the Acceptable Use provisions in Section 4 and all other terms of this agreement.

12.6 Data Processing & Compliance

Enterprise customers in regulated industries (including but not limited to government, healthcare, education, and financial services) may require additional data processing terms. We offer:

Data Processing Agreements (DPA) upon request, defining how we handle and protect your data
Information about our data storage locations, security practices, and subprocessors
Cooperation with your compliance and audit requirements as reasonably necessary

It is your responsibility to ensure that your use of the Platform, including the content provided to and generated by your agents, complies with all applicable regulations in your industry and jurisdiction (e.g., HIPAA, FERPA, GDPR). KaHappy does not provide legal or compliance advice.

12.7 Priority Support & Onboarding

Enterprise plans include priority support and dedicated onboarding assistance. This may include:

Dedicated account manager or point of contact
Priority response times for support requests
Assisted onboarding, setup, and agent configuration
Periodic account reviews and optimization recommendations

The specific scope and availability of priority support is defined in the Enterprise Agreement.

12.8 Termination of Enterprise Plans

Termination of Enterprise plans is governed by the applicable Enterprise Agreement, including any notice periods, data export provisions, and transition assistance. In the absence of specific Enterprise Agreement terms, the general termination provisions in Section 11 apply.

13. Developer Marketplace & Jobs

KaHappy operates a Developer Marketplace and a Jobs board (together, the "Marketplace") that connect businesses and individuals seeking services ("Clients") with independent developers, freelancers, and service providers ("Developers"). This Section 13 applies to all use of the Marketplace and, in the event of a conflict, controls over other Sections with respect to Marketplace activity.

13.1 KaHappy's Role — Neutral Venue Only

KaHappy is only a neutral platform and introducer. We provide tools to create profiles, post projects, browse talent, and communicate. We are not a party to, and take no part in, any agreement, engagement, or transaction between a Client and a Developer. We do not employ Developers, do not act as an agent, broker, staffing agency, or representative of either party, and do not supervise, direct, or control the performance of any work. Clients and Developers are and remain independent parties. Nothing on the Platform creates an employment, partnership, joint venture, or agency relationship between KaHappy and any user, or between a Client and a Developer beyond what they themselves agree to.

13.2 No Verification or Endorsement

We do not verify, guarantee, or endorse any user's identity, qualifications, credentials, skills, experience, portfolio, availability, licensing, or the accuracy of any profile, listing, project post, or message. Any ratings, badges, or descriptions are provided for convenience only and are not a warranty. You are solely responsible for evaluating and performing your own due diligence on any Client or Developer before entering into an engagement, including verifying skills, references, and suitability.

13.3 Engagements, Deliverables & Payment Are Between Users

All terms of any engagement are agreed directly between the Client and the Developer, off-platform. This includes, without limitation, project scope, specifications, deliverables, revisions, deadlines, milestones, acceptance criteria, fees, invoicing, payment method and timing, expenses, taxes, confidentiality, and ownership or licensing of work product. KaHappy does not set, collect, hold, escrow, process, guarantee, or refund any payment between Clients and Developers, and does not take a commission on such engagements. Each party is responsible for its own invoicing, payment, bookkeeping, and tax obligations arising from their engagement.

13.4 Responsibility for Work & Conduct

Developers are solely responsible for the services they agree to provide, the quality and timeliness of their work, and their compliance with all applicable laws. Clients are solely responsible for clearly describing their needs, paying agreed amounts, and their own use of any deliverables. Each user is responsible for its own conduct on the Marketplace, for any content or files it shares, and for maintaining the confidentiality of information exchanged. Any intellectual property, non-disclosure, or work-for-hire arrangements must be agreed directly between the Client and the Developer.

13.5 Disputes Between Users

Any dispute, claim, or disagreement relating to an engagement — including non-payment, non-delivery, quality, scope, refunds, or breach — is solely between the Client and the Developer. KaHappy is not responsible for resolving such disputes and is not liable for any loss, damage, or harm arising from any Marketplace interaction or engagement. While we may, at our sole discretion and without obligation, provide limited assistance or information to help users communicate, we have no duty to mediate, adjudicate, or enforce any obligation between users.

13.6 Release of Liability

Because KaHappy is only a venue and does not control users or their engagements, you release KaHappy and its officers, employees, and affiliates from any claims, demands, damages, and losses (actual and consequential) of every kind arising out of or connected with any Marketplace interaction, engagement, deliverable, payment, or dispute between users. You use the Marketplace and enter into engagements at your own risk.

13.7 Acceptable Use & Enforcement

All Marketplace activity, including profiles, project posts, and messages, is subject to the Acceptable Use provisions in Section 4. You agree not to post false, misleading, fraudulent, harassing, or infringing content, not to solicit activity that violates these Terms or applicable law, and not to misuse messaging for spam or abuse. We reserve the right, in our sole discretion and with or without notice, to review, remove, or restrict any profile, listing, project, or message, and to suspend or terminate any account that violates these Terms or that we determine poses a risk to other users or to KaHappy.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via email or through the Platform. Continued use of the Platform after changes constitutes acceptance of the updated Terms. Enterprise customers will receive at least 30 days' notice of material changes to these Terms.

15. Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. Any disputes shall be resolved in the courts located in San Francisco County, California. Enterprise Agreements may specify alternative dispute resolution procedures.

16. Contact Us

If you have questions about these Terms & Conditions, please contact us at:

Company: KaHappy LLC
Website: kahappy.com
Email: [email protected]

Enterprise customers may also contact their dedicated account manager.