PathOS Terms of Service

Effective Date: August 19, 2026

These Terms of Service (“Terms”) govern your access to and use of PathOS, including its websites, applications, artificial intelligence features, messaging features, APIs, support services, and related products and services (collectively, the “Service”).

The Service is provided by KISS Applications, Inc. (“KISS Applications,” “we,” “us,” or “our”).

By accessing or using the Service, creating an account, accepting an order form that references these Terms, or otherwise indicating your acceptance of these Terms, you agree to be bound by them.

If you are using the Service on behalf of a company, healthcare organization, educational institution, nonprofit organization, government entity, or other organization, you represent that you have authority to bind that organization to these Terms. In that case, “Customer” and “you” refer to that organization.

If you do not agree to these Terms, you may not use the Service.

1. About PathOS

PathOS is an AI-powered platform designed to help organizations connect their knowledge, provide personalized guidance, support users, automate workflows, and improve outcomes across interactions.

Customers may use PathOS to create and configure AI-powered experiences using information, instructions, documents, workflows, integrations, and other materials provided by the Customer.

The features available to you may depend on your subscription, implementation, configuration, or agreement with KISS Applications.

2. Eligibility and Accounts

You must be legally capable of entering into a binding agreement to use the Service.

Certain features require an account. You agree to:

• Provide accurate and complete account information.
• Keep your login credentials secure.
• Maintain the confidentiality of your account.
• Promptly notify us if you believe your account has been compromised.
• Be responsible for activity occurring through accounts under your control.

You may not share login credentials except as expressly permitted by your subscription or organization.

Customers are responsible for managing access granted to their administrators, employees, contractors, and other authorized users.

3. Organizational Customers

If an organization provides you access to PathOS, your use of the Service may also be subject to agreements between that organization and KISS Applications.

The organization may control the configuration of its PathOS environment, including:

• Information and documents available to PathOS.
• Instructions provided to AI systems.
• User permissions and access.
• Integrations with third-party systems.
• Workflows and recommended actions.
• Content displayed to end users.
• Data retention and administrative settings.

Where a Customer controls a PathOS environment, the Customer is responsible for determining how the Service is configured and used within its organization.

If an Order Form, Master Services Agreement, Business Associate Agreement, Data Processing Agreement, or other written agreement between KISS Applications and a Customer conflicts with these Terms, the more specific written agreement will control to the extent of the conflict.

4. Customer Content

“Customer Content” means information, documents, files, instructions, prompts, data, materials, and other content submitted to the Service by or on behalf of a Customer or its authorized users.

As between you and KISS Applications, you retain ownership of your Customer Content.

You grant KISS Applications a limited, non-exclusive license to host, process, transmit, reproduce, modify, and otherwise use Customer Content only as reasonably necessary to:

• Provide the Service.
• Configure and operate your PathOS environment.
• Generate requested responses and recommendations.
• Support features and workflows you enable.
• Maintain and secure the Service.
• Troubleshoot technical issues.
• Improve the performance and reliability of your PathOS environment.
• Comply with applicable law.

You represent that you have all rights, permissions, notices, and consents necessary to provide Customer Content to the Service and permit KISS Applications to process it as described in these Terms and our Privacy Policy.

5. Customer-Specific AI and Learning

PathOS may use Customer Content, user interactions, feedback, configuration information, and usage patterns to improve the performance of the Customer’s configured PathOS environment.

This may include improving retrieval, recommendations, workflows, organizational knowledge, responses, and other functionality available to that Customer.

Unless otherwise agreed with the Customer, KISS Applications will not use identifiable Customer Content to train a generalized artificial intelligence model for the benefit of unrelated customers.

KISS Applications may use aggregated or de-identified information that does not reasonably identify a Customer or individual to analyze Service performance, improve PathOS, develop new functionality, enhance security, and understand how the Service is used.

Additional data processing terms may apply under an applicable Order Form, Data Processing Agreement, Business Associate Agreement, or other written agreement.

6. AI-Generated Content and Guidance

PathOS uses artificial intelligence and automated systems to generate information, recommendations, responses, summaries, guidance, classifications, and other outputs (“Outputs”).

Artificial intelligence systems are probabilistic and may generate information that is incomplete, inaccurate, outdated, misleading, or inappropriate for a particular situation.

You are responsible for evaluating Outputs before relying on them or using them to make decisions.

Outputs should not automatically be treated as statements of fact, professional advice, or a substitute for appropriate human judgment.

Customers are responsible for determining the appropriate level of human review and oversight for their use of PathOS.

You may not represent that an Output has been independently verified by KISS Applications unless KISS Applications expressly states otherwise.

7. High-Impact and Professional Decisions

Unless expressly agreed to by KISS Applications in writing, PathOS is not intended to independently make final decisions involving:

• Medical diagnosis or treatment.
• Emergency medical care.
• Insurance eligibility or underwriting.
• Credit or lending decisions.
• Employment eligibility or termination.
• Housing eligibility.
• Legal rights or legal advice.
• Government benefits.
• Other decisions that may have significant legal or similarly significant effects on an individual.

Customers using PathOS in connection with these areas are responsible for ensuring appropriate professional review, human oversight, disclosures, consent, and compliance with applicable laws and regulations.

PathOS may assist people in locating information, understanding options, navigating processes, or preparing for conversations with qualified professionals. It does not replace those professionals.

8. Healthcare Use

PathOS is a technology platform and is not a healthcare provider.

Unless expressly stated in a separate written agreement, KISS Applications does not provide medical advice, diagnosis, treatment, or emergency medical services.

Information provided through PathOS should not be used as a substitute for advice from a qualified healthcare professional.

If you believe you or another person may be experiencing a medical emergency, do not rely on PathOS. Contact appropriate emergency services or a qualified healthcare provider.

Protected Health Information

Customers subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) may not submit Protected Health Information (“PHI”) to the Service unless KISS Applications has expressly authorized that use and, where required, the parties have entered into an applicable Business Associate Agreement.

Where a Business Associate Agreement has been executed, that agreement will govern the handling of PHI and will control over these Terms with respect to any conflicting requirements.

Use of PathOS does not, by itself, make a Customer’s activities compliant with HIPAA or any other healthcare law or regulation.

9. Customer Responsibilities

Customers are responsible for their use and configuration of PathOS, including the information and instructions they provide to the Service.

Customers are responsible for:

• Ensuring Customer Content is accurate and appropriate for its intended use.
• Maintaining organizational policies and procedures required for their activities.
• Determining which users may access the Service.
• Reviewing recommendations and Outputs generated through their PathOS environment.
• Providing legally required notices to their users.
• Obtaining legally required consents or authorizations.
• Ensuring integrations and workflows are appropriately configured.
• Ensuring their use of the Service complies with applicable laws and regulations.

KISS Applications is not responsible for instructions, policies, decisions, recommendations, representations, or content created or configured by a Customer.

10. Acceptable Use

You may not use the Service to:

• Violate applicable law or regulation.
• Infringe intellectual property, privacy, publicity, or other rights.
• Upload information you do not have the right to use.
• Distribute malware or harmful software.
• Attempt to gain unauthorized access to accounts, systems, or networks.
• Circumvent security, rate limits, authentication, or access controls.
• Reverse engineer the Service except where applicable law expressly permits it.
• Use unauthorized automated methods to scrape or extract information from the Service.
• Impersonate another person or organization.
• Misrepresent AI-generated content as verified human advice where doing so would be deceptive.
• Generate or distribute fraudulent, deceptive, threatening, abusive, or unlawful content.
• Use the Service to facilitate discrimination prohibited by law.
• Interfere with the operation, security, availability, or integrity of the Service.
• Use PathOS to create or distribute competing models, datasets, or services through unauthorized extraction of the Service or its underlying systems.

We may investigate suspected violations and may suspend or terminate access where reasonably necessary to protect users, Customers, KISS Applications, or third parties.

11. SMS Communications

PathOS may offer optional SMS messaging programs, including customer support and service-related communications.

If you opt in to receive SMS messages, you agree to the PathOS SMS Messaging Terms available at: https://www.withpathos.com/sms-opt-in

By opting in, you consent to receive messages at the mobile number you provide.

Messages may include assistance accessing or logging back into an account, troubleshooting, responses to support questions, follow-up communications, and other customer service-related assistance.

Message frequency varies based on your support interaction. Message and data rates may apply.

Consent to receive SMS messages is not a condition of purchasing any goods or services.

You may opt out of SMS messages at any time by replying STOP to any message. You may receive one final message confirming that you have been unsubscribed. No additional messages will be sent through the program unless you opt in again.

For assistance, reply HELP or contact hello@kissux.design.

Carriers are not liable for delayed or undelivered messages. Supported carriers may change without notice.

Additional information about SMS messaging, consent, carrier requirements, and privacy is available at https://www.withpathos.com/sms-opt-in and in our Privacy Policy.

Customer-Configured Messaging

Customers may also use PathOS to facilitate communications with their own users.

Unless otherwise agreed in writing, Customers are responsible for obtaining any consent, authorization, or permission required to send communications through PathOS and for ensuring that their messaging practices comply with applicable laws, regulations, and carrier requirements.

KISS Applications is not responsible for a Customer’s failure to obtain required consent or for messages sent based on Customer-provided instructions, configurations, contact information, or workflows.

12. Third-Party Services and AI Providers

PathOS may interact with third-party services, software, infrastructure providers, artificial intelligence models, APIs, databases, telecommunications providers, or integrations.

Your use of certain third-party services may be subject to additional terms imposed by those providers.

KISS Applications does not control third-party services and is not responsible for their availability, performance, content, or independent actions.

We may add, remove, or replace third-party providers as we develop and improve the Service, provided that doing so does not materially reduce the core functionality purchased by a Customer during an applicable subscription term.

13. Intellectual Property

Except for Customer Content and third-party materials, KISS Applications and its licensors own all rights, title, and interest in and to PathOS and the Service, including:

• Software.
• Source code.
• Interfaces.
• Designs.
• Workflows.
• Models and systems.
• Documentation.
• Methodologies.
• Technology.
• Trademarks.
• Branding.
• Improvements and modifications.

These Terms do not transfer ownership of the Service or KISS Applications intellectual property to you.

Subject to these Terms and payment of applicable fees, KISS Applications grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your applicable subscription or authorized access period.

14. Outputs

Subject to applicable law and third-party rights, KISS Applications does not claim ownership of Outputs generated specifically for you from your Customer Content.

Because artificial intelligence systems may generate similar or identical responses for different users, Outputs may not be unique.

KISS Applications does not represent or warrant that any Output is eligible for copyright, trademark, patent, trade secret, or other intellectual property protection.

You are responsible for determining whether and how an Output may legally be used.

15. Feedback

If you provide suggestions, ideas, recommendations, or feedback about PathOS, you grant KISS Applications the right to use that feedback without restriction or obligation to you.

This does not transfer ownership of your Customer Content to KISS Applications.

16. Privacy and Data Protection

Our collection and use of personal information is described in the PathOS Privacy Policy, available at: https://www.withpathos.com/privacy-policy

Customers are responsible for providing any additional privacy notices required for the specific way they implement and use PathOS.

Where required, KISS Applications and a Customer may enter into additional data protection agreements governing the processing of personal information.

17. Security

KISS Applications maintains administrative, technical, and organizational measures designed to protect information processed through the Service.

No system can guarantee absolute security.

Customers are responsible for maintaining appropriate security practices within their own systems, accounts, devices, integrations, and user environments.

You must notify KISS Applications promptly if you discover or reasonably suspect unauthorized access to the Service or Customer Content.

18. Fees and Payment

Certain PathOS features require a paid subscription.

Pricing, subscription terms, usage limits, implementation fees, renewal terms, and other commercial terms may be described in an Order Form, subscription page, or other agreement.

Unless otherwise stated:

• Fees are quoted in U.S. dollars.
• Fees are non-refundable except where required by law or expressly stated in writing.
• Customers are responsible for applicable taxes other than taxes based on KISS Applications’ income.
• Failure to pay amounts when due may result in suspension of paid features or the Service.

If your subscription automatically renews, the applicable purchasing materials or Order Form will describe the renewal terms.

19. Free, Beta, and Evaluation Features

KISS Applications may offer free, preview, beta, experimental, or evaluation features.

These features may be modified or discontinued at any time and may contain errors or incomplete functionality.

Unless otherwise agreed in writing, beta and evaluation features are provided without service-level commitments or warranties.

20. Service Changes

We continually develop and improve PathOS.

We may modify features, interfaces, integrations, models, workflows, or other elements of the Service.

We will not intentionally make changes during a paid subscription term that materially eliminate the core functionality purchased by a Customer without providing reasonable notice or an appropriate alternative, where commercially reasonable.

21. Suspension

We may suspend access to all or part of the Service if:

• You materially violate these Terms.
• Payment is overdue.
• Your use creates a material security risk.
• Your use may violate applicable law.
• Your use threatens the integrity or availability of the Service.
• Suspension is necessary to protect another Customer, user, or third party.

Where reasonably possible, we will provide notice and an opportunity to resolve the issue before suspension.

22. Termination

You may stop using the Service at any time.

Paid subscriptions may be terminated according to the terms of the applicable Order Form or subscription agreement.

KISS Applications may terminate access for a material violation of these Terms that is not cured within a reasonable period after notice, except where immediate termination is reasonably necessary because of unlawful activity, fraud, security threats, or misuse of the Service.

Upon termination, your right to use the Service ends.

Sections that by their nature should survive termination will remain in effect, including provisions concerning intellectual property, confidentiality, payment obligations, disclaimers, limitations of liability, indemnification, and dispute resolution.

23. Customer Data Following Termination

Following termination or expiration, Customers may request export of Customer Content where export functionality is available under their subscription or agreement.

KISS Applications may delete Customer Content after the applicable retention period described in the Customer’s agreement, account settings, or data retention policy.

KISS Applications may retain information where required by law, necessary for legitimate security or fraud-prevention purposes, or maintained in backups according to standard backup retention practices.

24. Confidentiality

Each party may receive non-public information from the other party that is identified as confidential or that reasonably should be understood to be confidential.

Each party agrees to:

• Use confidential information only as necessary to fulfill its obligations or exercise its rights under the applicable agreement.
• Protect confidential information using reasonable safeguards.
• Limit disclosure to personnel, contractors, and service providers who need access and are subject to appropriate confidentiality obligations.

Confidential information does not include information that:

• Becomes public without breach of an obligation.
• Was already lawfully known to the receiving party.
• Is received lawfully from a third party without confidentiality restrictions.
• Is independently developed without use of the other party’s confidential information.

A party may disclose confidential information where required by law, provided it gives notice where legally permitted.

25. Disclaimer of Warranties

Some jurisdictions do not allow certain warranty disclaimers, so some of these disclaimers may not apply to you.

26. Limitation of Liability

These limitations apply regardless of the legal theory involved and even if KISS Applications has been advised of the possibility of the damages.

Nothing in these Terms limits liability that cannot legally be limited or excluded.

27. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless KISS Applications and its affiliates, officers, employees, and agents from claims, damages, liabilities, losses, and expenses, including reasonable attorneys’ fees, arising from:

• Your Customer Content.
• Your configuration or use of the Service.
• Your violation of these Terms.
• Your violation of applicable law.
• Your infringement or violation of third-party rights.
• Products, services, advice, decisions, communications, or representations you provide using PathOS.

This provision does not require you to indemnify KISS Applications for claims caused solely by KISS Applications’ own unlawful conduct.

Additional indemnification obligations may be included in an applicable enterprise agreement.

28. Copyright Complaints

If you believe material available through the Service infringes your copyright, please contact us at: hello@kissux.design

Please include sufficient information for us to identify the copyrighted work, locate the allegedly infringing material, and contact you regarding your request.

29. Governing Law and Venue

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles.

Any dispute arising from or relating to these Terms or the Service will be brought in the applicable state courts located in Chester County, Pennsylvania, or in the applicable federal court having jurisdiction over Chester County, Pennsylvania.

Each party consents to the personal jurisdiction and venue of those courts.

Any additional dispute-resolution terms contained in an Order Form or other written agreement between KISS Applications and a Customer will control over this section to the extent of a conflict.

30. Changes to These Terms

We may update these Terms from time to time as PathOS evolves or as legal, regulatory, or operational requirements change.

If we make a material change, we will provide reasonable notice through the Service, by email, on our website, or through another appropriate method.

Changes will become effective on the date stated in the updated Terms.

Changes will not retroactively alter rights or obligations unless permitted by law and appropriately agreed to.

Your continued use of the Service after updated Terms become effective constitutes acceptance of the updated Terms.

31. Electronic Communications

By using the Service, you agree that KISS Applications may provide notices and other communications electronically, including through the Service or by email.

SMS communications are governed separately by Section 11 and the PathOS SMS Messaging Terms available at https://www.withpathos.com/sms-opt-in.

You are responsible for maintaining accurate contact information associated with your account.

Marketing communications may be managed separately according to the preferences and unsubscribe mechanisms provided with those communications.

32. Assignment

You may not assign your rights or obligations under these Terms without KISS Applications’ prior written consent.

KISS Applications may assign these Terms in connection with a merger, acquisition, corporate reorganization, financing, or sale of all or substantially all of the assets related to PathOS.

33. Severability

If any provision of these Terms is determined to be unenforceable, the remaining provisions will remain in effect.

The unenforceable provision will be modified to the minimum extent necessary to make it enforceable where permitted by law.

34. Waiver

Failure to enforce any provision of these Terms does not waive the right to enforce it later.

35. Entire Agreement

These Terms, together with the PathOS Privacy Policy available at https://www.withpathos.com/privacy-policy, the PathOS SMS Messaging Terms available at https://www.withpathos.com/sms-opt-in, and any applicable Order Form, Master Services Agreement, Business Associate Agreement, Data Processing Agreement, or other written agreement expressly incorporated into them, constitute the agreement governing your use of the Service.

36. Contact Us

Questions about these Terms may be directed to:

KISS Applications, Inc.

2989 Creek Rd

Honey Brook, PA 19344

United States

Email: hello@kissux.design

For product or technical support:

Support: hello@kissux.design