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Terms of service

Last updated: (set on publication)

These terms are an agreement between you and Umbolement UG (haftungsbeschränkt), Ulmenweg 10, 85221 Dachau, Germany (“Kesru”, “we”, “us”). They cover the Kesru website, your Kesru account and all Kesru services (together, the “Services”). You can reach us at support@kesru.com.

By creating an account, starting a trial or using the Services, you accept these terms. Our Privacy Notice at kesru.com/privacy and the Data Processing Agreement you can sign in your account form part of them.

Please read section 16 carefully. It requires disputes to be resolved by individual arbitration and waives class actions and jury trials.

1. Who can use Kesru

You must be at least 18 years old. If you accept these terms for a business or other organization, you confirm that you are authorized to bind it, and “you” means that organization.

Kesru is offered in the United States. You may use it only for calls and messages with people in the United States.

You confirm that you are not located in a country subject to U.S. sanctions and are not a restricted party under U.S. export control laws.

2. What Kesru does

Kesru gives your business an AI assistant that answers your phone calls, answers questions from the information you provide, takes messages, books appointments in calendars you connect and transfers calls to people you name. If you set it up, it also calls people for you, sends text messages and chats with visitors on your website. You set up the assistant and see its calls in your account.

In every call, inbound and outbound, the assistant says in its first sentence that it is your business's AI assistant and that the call is transcribed. When asked, it always says honestly that it is an AI. You may not change or remove this.

We do not keep audio recordings of calls. For each call, Kesru creates a summary and a transcript and sends them to you by email. For each assistant, you choose whether transcripts are stored in full, without personal details, or not at all. How long we keep call data is described in our Privacy Notice.

AI can make mistakes. The assistant may misunderstand a caller, give a wrong answer, or fail to book, transfer or pass on a request. It is not a person and does not replace your own oversight, so check its summaries and bookings. Do not use its output for decisions with a legal or similarly significant effect on a person, such as decisions about credit, education, employment, housing, insurance, legal or medical matters.

Kesru is not an emergency service. You may not use it to call 911 or other emergency lines, or for emergency, medical or other safety-critical calls.

3. Your account

Give us accurate information and keep it up to date. Keep your login details confidential. You are responsible for all activity in your account, including activity by people you give access to.

4. Trial, plans and minutes

Free trial. You can try Kesru free for 7 days without a payment card. You add a card when you get a phone number. Your paid plan then starts when the trial ends, unless you cancel before. If less than 48 hours of the trial remain when you get the number, your paid plan starts at once. Unless you have already paid, we remind the account owners by email one day before the trial ends. If you cancel during the trial, you are not charged.

Plans. You pay monthly or yearly. A yearly plan costs the same as ten monthly payments. Each plan includes a number of minutes per month. They renew every month on your billing day, on yearly plans too, and unused minutes expire.

Minutes. Each call counts from when it connects until it ends, rounded up to the next full minute. Premium voices may count more minutes, as shown in your account. Calls identified as spam or blocked do not count.

Extra minutes. Extra minutes are off unless you turn them on, and they apply only on a paid plan. If extra minutes are off and your included minutes are used up, the assistant stops answering and calls go to the fallback set in your account until your minutes renew. If extra minutes are on, the assistant keeps answering and we bill the extra minutes monthly at the rate shown in your account. We email you when you have used 80% and 100% of your included minutes.

5. Fees and payment

Prices are in U.S. dollars and do not include taxes. You pay all taxes on the Services, such as sales and use taxes, except taxes on our income. Taxes are shown separately on your invoice.

You pay by card through our payment provider, Stripe. Plans are charged in advance for each billing period. Extra minutes and other usage are charged monthly after use. Your plan renews automatically for the same period until you cancel. By adding a card, you authorize us to charge it for these amounts.

Plan changes. A move to a higher plan, or a switch between monthly and yearly billing on the same plan, takes effect immediately, and you pay the prorated difference for the current period. A move to a lower plan takes effect at your next renewal.

Price changes. We will notify you by email at least 30 days before a price change applies to you. It applies from your next billing period after that notice. If you keep using Kesru after the change applies, you agree to the new price. If you do not agree, you can cancel before then.

No refunds. Payments are non-refundable. There are no refunds or credits for partly used periods or unused minutes, except where the law requires otherwise.

Failed payments. If a charge fails, we retry it up to five times over several days and notify you by email and text message. Kesru keeps working during the retries. If all retries fail, your plan is cancelled.

Invoices and billing questions. Your invoices are available in your account. If you believe a charge is wrong, tell us within 60 days of the charge.

6. Your calls and the law

You are responsible for your use of Kesru and for following all laws that apply to your calls and messages. These include the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the National Do Not Call Registry rules, the Truth in Caller ID Act, CAN-SPAM and state telemarketing, recording and wiretapping laws.

Notice and consent. Some states require the consent of everyone on a call before it is recorded or transcribed. Kesru's assistant announces at the start of each call that it is an AI and that the call is transcribed. You are responsible for any further notice or consent that the law requires from the people your assistant talks to.

Outbound calls. Your assistant may call only people who asked you for the call or who are your existing customers or business partners. Before any call that advertises or sells something, you must have the person's prior express written consent stored in Kesru. You must keep records of each consent for at least five years. You are solely responsible for obtaining, documenting and retaining evidence of valid consent before your assistant calls anyone. We do not obtain consent on your behalf and make no representation that your consent practices comply with applicable law. You may not use Kesru for cold calls or to dial random or sequential numbers. Every outbound call shows a phone number from your Kesru account as caller ID, and caller ID is never hidden or changed. If someone asks not to be called again, Kesru adds them to your do-not-call list and does not call them again for you. We may block calls that would break these terms or the law.

Text messages. Text messaging needs carrier registration and our approval before you can use it. Before the first text to a person, you must have their consent for that purpose and keep a record of it. Each text must identify your business, and the first one must explain how to opt out, for example “Reply STOP to unsubscribe”. You must stop texting anyone who opts out.

Health and other sensitive data. Kesru does not sign Business Associate Agreements. If you are a covered entity or business associate under HIPAA, you may not use Kesru. No one may use Kesru to collect or process protected health information, payment card data or biometric identifiers, and you may not set up your assistant to ask for them.

7. What you may not do

You may not use the Services to:

  • break the law or infringe anyone's rights, including privacy and intellectual property rights;
  • harass, threaten, mislead or defraud anyone, or impersonate another person or business;
  • send content that is unlawful, defamatory, hateful, violent, obscene or otherwise harmful;
  • make abusive calls or calls in abusive patterns;
  • copy, modify, reverse engineer, resell or sublicense the Services, or build a product that substitutes for them;
  • interfere with the security or operation of the Services or with other customers' use of them.

8. Your data

Your data belongs to you. It includes the information you give Kesru and what Kesru creates for you, such as summaries, transcripts and call records. As between you and us, you own the summaries, transcripts and other results created for your calls.

You permit us to use your data only to provide, secure and support the Services for you and as the law requires. We do not sell or share your call data, do not train AI models with it and do not combine it with other customers' data. Our service providers may process it only on our behalf. You can sign our Data Processing Agreement in your account at no extra cost.

You are responsible for your data, including the information you give your assistant, such as prices, opening hours and policies, and for having the right to use it.

You can export your data from your account at any time. How long we keep data after your account ends is described in our Privacy Notice.

9. Ending the agreement

You can cancel at any time in your account. Cancellation takes effect at the end of your paid billing period, or at the end of the paid year on a yearly plan, and Kesru keeps working until then. Extra minutes used in your last month are still billed. If you cancel during the free trial, it takes effect immediately.

We may suspend or end your access immediately if we reasonably believe you are using Kesru unlawfully or in a way that harms others, or if the law requires it. For any other material breach of these terms, we will first notify you by email and give you at least 10 days to cure it.

When your account ends, we hold your phone numbers for 30 days, or for 14 days if it ended because payments failed. During that time, you can reactivate your account or port the numbers to another provider. After that, we may release the numbers, and they may be assigned to others.

Sections that by their nature should survive the end of these terms survive it, including payment obligations, ownership, disclaimers, limitation of liability, indemnification and dispute resolution.

10. Services from others

Kesru uses other companies for telephone service, speech recognition, AI language models, voice generation, hosting and payments. You may also connect services of your own, such as calendars or automation tools through webhooks. We are not responsible for services you connect, and their own terms apply to your use of them.

11. Our rights

The Services, including their software, AI features and content, belong to us and our licensors. They are licensed to you, not sold. While your trial or plan is active, you may use the Services for your business under these terms. If you send us feedback or ideas, we may use them freely and without paying you.

12. Availability

We work to keep Kesru running, but it will sometimes be unavailable, for example during maintenance, outages at our providers or events beyond our control. We do not promise that the Services will be uninterrupted or error-free.

13. Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES OR THEIR OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

14. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, GOODWILL OR DATA, EVEN IF WE WERE ADVISED OF THEIR POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) US$100 AND (B) THE AMOUNTS YOU PAID OR OWED US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

15. Indemnification

You will defend, indemnify and hold harmless Kesru and its managing directors, employees and agents against all third-party claims, losses, fines and costs, including reasonable attorneys' fees, arising from your data, your use of the Services, or your breach of these terms or of any law, including the Telephone Consumer Protection Act and other telemarketing, consent and recording laws.

16. Disputes

Informal resolution. Before starting a formal proceeding, a party must send the other a written notice describing the dispute, and both must try in good faith to resolve it informally. If the dispute is not resolved within 30 days after the notice, either party may start a formal proceeding.

Arbitration. Any dispute arising from or relating to these terms or the Services will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, by one arbitrator, in San Francisco, California. The Federal Arbitration Act governs this section.

Individual claims only. Disputes are arbitrated only on an individual basis. Neither party may bring or take part in a class, collective or representative action. You and we waive any right to a jury trial.

Exceptions. Either party may bring an individual claim in small claims court. Either party may go to court, without arbitration or the informal process, only to stop unauthorized use or abuse of the Services or infringement of intellectual property rights.

Time limit. Any claim must be filed within one year after it arose, or it is permanently barred.

Governing law and courts. These terms are governed by the laws of the State of California, without regard to its conflict of law rules. Any claim that is not arbitrated will be heard in the state or federal courts in San Francisco County, California.

17. Changes to these terms

We may change these terms. We will notify you by email or in your account at least 30 days before a change applies to you. If you keep using the Services after that, the changed terms apply. If you do not agree, you can cancel before then.

18. General

Notices. We send notices to the email address of your account. You send notices to our contact address above. You agree to receive agreements, notices and other records from us electronically and to sign electronically.

Assignment. You may not transfer these terms without our written consent. We may transfer them to an affiliate or as part of a merger, acquisition, reorganization or sale of our business, with notice to you.

Force majeure. Neither party is liable for a delay or failure, other than a payment obligation, caused by events beyond its reasonable control.

Independent parties. These terms create no partnership, agency, joint venture or employment relationship.

Severability and waiver. If a provision is found unenforceable, it is limited to the minimum extent necessary, and the rest remains in effect. Not enforcing a provision is not a waiver of it.

Entire agreement. These terms, our Privacy Notice and the Data Processing Agreement are the entire agreement between you and us about the Services. They replace all earlier agreements about them.

Export. You may use the Services only as U.S. export control and sanctions laws and other applicable export laws allow.