Terms & Conditions

By accessing or using any product, service, or feature offered under the KORTYX brand by ThirdPowerAI, a division of Third Power Enterprises LLC ("ThirdPowerAI," "we," "us," or "our"), you ("Client," "you," or "your") agree to be bound by these Terms & Conditions and all applicable laws and regulations. If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, you must not access or use any KORTYX service. These Terms constitute the entire agreement between you and ThirdPowerAI with respect to the subject matter herein and supersede all prior communications, representations, and agreements, whether written or oral.

ThirdPowerAI provides KORTYX, an AI-powered business platform encompassing KORTYX Voice (AI voice reception and call handling), KORTYX Agents (intelligent AI agents), KORTYX Flow (automation workflows), KORTYX IQ (business intelligence and analytics), KORTYX Connect (CRM and third-party integrations), and KORTYX Growth (AI-driven marketing and SEO). Access to these modules is granted on a subscription basis as outlined in your service agreement or order form. ThirdPowerAI reserves the right to modify, update, or discontinue any feature or module with reasonable prior notice. We will make commercially reasonable efforts to ensure platform availability, but do not guarantee uninterrupted access.

To access the KORTYX platform, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify ThirdPowerAI immediately at info@thirdpower.us if you suspect unauthorized access or any security breach. You agree not to share login credentials with unauthorized third parties. ThirdPowerAI is not liable for any loss or damage arising from your failure to maintain adequate account security. You may not create accounts for purposes of competitive intelligence gathering, benchmarking, or to enable or build a competing product.

You agree to use KORTYX solely for lawful business purposes and in compliance with all applicable laws, regulations, and these Terms. You must not use the platform to transmit, store, or process content that is unlawful, defamatory, harassing, fraudulent, or that infringes the intellectual property rights of any third party. You must not attempt to probe, scan, or test the vulnerability of any ThirdPowerAI system, bypass authentication controls, or interfere with the platform's operation. Automated scraping, mass data extraction, reverse engineering, or decompilation of any KORTYX product is strictly prohibited. ThirdPowerAI reserves the right to suspend or terminate accounts found to be in violation of this section, without refund or liability.

KORTYX services are provided on a subscription basis. Fees are billed in accordance with the pricing plan selected at the time of sign-up or as modified by a written order form or addendum. All fees are due in advance and are non-refundable except as expressly stated herein or required by applicable law. ThirdPowerAI reserves the right to change pricing with at least 30 days' written notice prior to your next billing cycle. Failure to pay fees when due may result in suspension of your access to the platform. All amounts are exclusive of applicable taxes, which shall be your sole responsibility. Disputes regarding invoiced amounts must be raised in writing within 14 days of the invoice date.

All intellectual property in and related to the KORTYX platform — including software, AI models, algorithms, user interfaces, documentation, trademarks, and proprietary methodologies — is and remains the exclusive property of ThirdPowerAI and its licensors. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use KORTYX solely for your internal business operations during the subscription term. You acquire no ownership rights by virtue of these Terms. Any feedback, ideas, or suggestions you provide regarding KORTYX may be used by ThirdPowerAI without restriction or compensation to you. You retain ownership of your own data submitted to the platform, subject to the license grant in Section 07.

You retain full ownership of all data, content, and information you submit or generate through the KORTYX platform ("Client Data"). By using KORTYX, you grant ThirdPowerAI a limited, worldwide, royalty-free license to access, process, store, and transmit Client Data solely to the extent necessary to provide the contracted services, maintain platform security, comply with legal obligations, and improve service quality. ThirdPowerAI will not use Client Data to train shared AI models without your express written consent. You represent and warrant that you have all necessary rights, consents, and permissions to submit Client Data to the platform, including any personal data of third parties. Refer to our Privacy Policy for full details on data handling.

Each party agrees to keep confidential all non-public information disclosed by the other party in connection with these Terms that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure ("Confidential Information"). Neither party will disclose Confidential Information to any third party without prior written consent, except to employees, contractors, or agents who have a legitimate need to know and are bound by confidentiality obligations no less restrictive than these Terms. Confidentiality obligations do not apply to information that is or becomes publicly known through no breach of these Terms, was already known to the receiving party prior to disclosure, or is required to be disclosed by law or court order, provided that the disclosing party receives prompt prior written notice where legally permissible.

THE KORTYX PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." THIRDPOWERAI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THIRDPOWERAI DOES NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY RESULTS OR OUTCOMES GENERATED BY KORTYX AI FEATURES ARE PROVIDED FOR INFORMATIONAL AND OPERATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS PROFESSIONAL LEGAL, MEDICAL, FINANCIAL, OR REGULATORY ADVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIRDPOWERAI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE KORTYX PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THIRDPOWERAI'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS EXCEED THE FEES PAID BY YOU TO THIRDPOWERAI DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You agree to indemnify, defend, and hold harmless ThirdPowerAI, its parent company, affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the KORTYX platform in a manner not authorized by these Terms, your Client Data (including any claim that your Client Data infringes a third-party right), or your violation of any applicable law or regulation.

These Terms are effective from the date you first access the KORTYX platform and continue for the duration of your active subscription. Either party may terminate the agreement for cause upon written notice if the other party materially breaches these Terms and fails to cure such breach within 30 days of receiving written notice. ThirdPowerAI may suspend or terminate your access immediately and without notice for violations of the Acceptable Use section or non-payment of fees. Upon termination, your license to use KORTYX is immediately revoked, and ThirdPowerAI will make Client Data available for export for 30 days before deletion, except where retention is required by law. Sections concerning intellectual property, confidentiality, disclaimers, limitation of liability, and governing law shall survive termination.

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to these Terms or the use of KORTYX shall first be submitted to good-faith negotiation between the parties. If not resolved within 30 days, disputes shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in English, and the arbitrator's award shall be final and binding. Nothing herein prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

ThirdPowerAI reserves the right to modify these Terms & Conditions at any time. For material changes — those that substantively affect your rights or obligations — we will provide at least 14 days' prior written notice via email or prominent notice within the KORTYX platform. Non-material clarifications or corrections may be posted without advance notice. The "Last Updated" date at the top of this page will always reflect the most recent revision. Your continued use of the KORTYX platform following the effective date of any updated Terms constitutes your acceptance of those changes. If you do not agree to any changes, you must discontinue use and may request account closure in accordance with Section 12.

For questions regarding these Terms & Conditions, contractual matters, or to deliver formal legal notices, please contact ThirdPowerAI at: info@thirdpower.us. ThirdPowerAI, a division of Third Power Enterprises LLC. Legal notices must be sent in writing and will be deemed delivered when received by email with confirmed read receipt, or by overnight courier with confirmed delivery. General support and platform questions should be directed through your account dashboard or the contact form on our website. We are committed to resolving any concerns promptly and in good faith.