Website Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By accessing or using the website offered by Khoros, LLC and our subsidiaries, affiliates and parents (collectively, “Khoros,” “we,” “us” or “our”) at khoros.ai and all associated pages and services (referred to as our “Website” or “Site”) and collectively may be referred to as the “Services.” You (the “User”, “your” or “you”) confirm that you have read, understand, and agree to be bound by these terms of use (“Terms of Use”).

Your use of the Site and Services is conditional on your adherence to these Terms of Use. IF YOU ARE UNWILLING TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE SITE OR SERVICES.

PLEASE BE AWARE THAT SECTION 18 OF THESE TERMS OF USE, BELOW, CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND KHOROS HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS THAT YOU HAVE AGAINST KHOROS TO BINDING AND FINAL ARBITRATION. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST KHOROS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

1. The Site and its contents may only be accessed for personal use. No material from Khoros or any website owned, operated, licensed or controlled by Khoros may be used for any commercial or resale purposes. Furthermore, no materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Khoros’s copyright and other proprietary rights.

2. For purposes of this Terms of Use, the use of any such material on any other website or networked computer environment is prohibited. All trademarks, service marks, and trade names (collectively, the “Marks”) are proprietary to Khoros or other respective owners that have granted Khoros the right and license to use such Marks. Any use of content or descriptions; any derivative use of this Site or its contents; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Site or any content contained therein.

3. While Khoros uses reasonable efforts to include accurate and up-to-date information on the Site, Khoros makes no warranties or representations as to its accuracy. Khoros assumes no liability or responsibility for any errors or representations in the content of this Site.

4. The Site may contain links to other sites on the Internet that are owned and operated by vendors and other third parties (the “External Sites”). You acknowledge that Khoros is not responsible for the availability of, or the content located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

5. Users of the Site may post comments, reviews, and other content and submit suggestions, ideas, or other information, provided the content does not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or content which infringes upon the rights of any third party. The user agrees not to impersonate any person and/or other entity or communicate under a false name or a name the user is not entitled or authorized to use. Khoros has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.

6. If you post content or submit material you grant Khoros and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant Khoros, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. You will defend and indemnify Khoros and its affiliates from any claims resulting from any content or materials you provide hereunder. In addition, Khoros may also sell, repurpose, aggregate, or transfer to third parties any information that you provide to Khoros and any additional information that can be obtained or determined from such information for any legally permissible purposes.

7. You acknowledge and agree that Khoros owns all right, title, and interest, including intellectual property rights, in and to all its APIs. You further acknowledge and agree that you are not granted any right, title, or interest in any Khoros intellectual property, other than the limited usage rights provided herein. You also agree not to create any derivative works or other intellectual property related to any of our APIs (“Derivative Works”). Any Derivative Works that you create shall be the sole and exclusive property of Khoros, and Khoros shall keep all rights, title, and interest in such Derivative Works, including intellectual property and moral rights. You will have no right or interest in or to the Derivative Works. You hereby assign to Khoros at no other consideration all right, title, and interest, including intellectual property and moral rights, in the Derivative Works. Upon Khoros’s request, you agree to execute a written assignment of such rights to Khoros as well as any other documents necessary for Khoros to establish, preserve, perfect, or enforce its rights in the Derivative Works. You hereby agree not to assert at any time, and otherwise waive, any “moral rights” that you may have in the Derivative Works supplied by you to Khoros hereunder, and you hereby assign to Khoros all moral rights.

8. The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms of Use, the terms and conditions of the other area shall prevail. Khoros may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use to which you are bound.

9. You shall not transmit to Khoros or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.

10. Password. You may not use your password for any unauthorized purpose.

11. Privacy. Khoros may collect, use and disclose information about your use of the Site, provided such information does not individually identify you. Khoros may collect, use and share your personal information in accordance with its Privacy Policy.

12. Termination. We may terminate your access to our Site for any reason.

13. U.S. Government Users Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Khoros’s proprietary rights in them. Khoros Site pages may contain other proprietary notices and copyright information that should be observed.

14. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. KHOROS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS POSTED ON THE SITE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, KHOROS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.

15. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL KHOROS OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THIS SITE AND/OR THE MATERIALS ON THIS SITE, EVEN IF KHOROS OR AN KHOROS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF THE LIMITATION OF LIABILITY OR THE EXCLUSION OF IMPLIED WARRANTIES SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, KHOROS’S MAXIMUM AGGREGATE LIABILITY FOR ANY TYPE OF DAMAGES IN CONNECTION WITH THE SITE FOR ANY REASON SHALL BE LIMITED TO $100.

16. Disputes, Governing Law, Venue, and Jurisdiction.
By using the Site, you agree that these Terms of Use shall be governed by the laws of the State of Texas in the United States where Khoros’s principal office is located without regard to its conflict of law provisions. For any cause of action initiated against Khoros relating to these Terms of Use, you and Khoros agree to submit to the exclusive and personal jurisdiction of the courts located in Travis County, Texas.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of that right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, then we nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. The language of these Terms of Use shall be construed as to its fair meaning and not strictly for or against any party.

17. Notice of Infringement — DMCA Process
If you believe that any Content on the Website infringes your copyright, please follow the process below, which is consistent with the process suggested by the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov).

Your DMCA notice must include the following information:

(a) Your name, mailing address, telephone number, and email address;
(b) Sufficient detail about the alleged copyrighted work;
(c) The URL or other specific location on the Website that contains the content that you claim infringes your copyright;
(d) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) A statement that the information contained in your notice is accurate and that you attest, under the penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf; and
(f) An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.

You can send your DMCA notice to us by mail or email.

Attn: General Counsel
Khoros Legal Department
2028 E Ben White Blvd, Suite 240-2650
Austin, TX 78741-6931
USA

Attn: General Counsel
legal@khoros.com

After we receive a proper DMCA notice from you, we will promptly remove or disable the allegedly infringing content. We will also document any alleged infringements on which we do not take action. Also, we will notify the poster of the infringing content and, if requested, provide the report to the poster. Please note that in addition to being forwarded to the poster who provided the allegedly infringing content, a copy of your DMCA notice (with your personal information removed) may also be sent to a third-party which may publish and/or annotate it.

If the poster believes that the content was removed or disabled on our website by misidentification or by mistake, the poster can send us a written counter-notification that includes:
(a) The Visitor’s name, mailing address, telephone number and email address;
(b) Identification of the material that has been removed or disabled and the URL or other specific location on the website where the material appeared before it was removed or disabled;
(c) A statement that the visitor consents to the jurisdiction of the United States Federal District Court in which the Visitor’s address is located, or in Austin, Texas if the Visitor’s address is located outside the United States;
(d) A statement, under penalty of perjury, that the poster has a good faith belief that the content at issue was removed or disabled as a result of mistake or misidentification (e.g., “I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown.”); and
(e) The poster’s physical or electronic signature.

Once we receive this restoration request, we will restore the removed or disabled content within 10 business days from the date that we received a proper counter-notification, unless our copyright agent first receives notice that a court action has been filed to restrain the poster from engaging in infringing activity related to the removed or disabled Content.

18. Arbitration Agreement & Dispute Resolution
Please read this Arbitration Agreement carefully. It is part of your contract with Khoros formed by these Terms of Use and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Scope of Arbitration Agreement (“Arbitration Agreement”). You acknowledge and agree that any dispute or claim relating in any way to your access or use of the Site or to any other aspect of your relationship with Khoros will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Khoros may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose before this or any prior agreement.

Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Khoros, 2028 E Ben White Blvd, Ste 240-2650, Austin, TX 78741, ATTN: LEGAL. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. Payment of all filing, administration, and arbitration fees will be governed by the AAA’s rules. We will reimburse those fees paid by you for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. Likewise, Khoros will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum.

Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Khoros. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms of Use. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding on you and Khoros.

Waiver of Jury Trial. YOU AND KHOROS EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Khoros are instead electing to have claims and disputes resolved by arbitration. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms of Use as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is limited. In any litigation between you and Khoros over whether to vacate or enforce an arbitration award, you and Khoros waive all rights to a jury trial and elect instead to have a judge resolve the dispute.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Khoros is entitled to arbitration. Instead, all claims and disputes will then be resolved in a court as set forth in Section 16 (Disputes, Governing Law, Venue and Jurisdiction) above.

Exclusive Venue. To the extent the parties are permitted under these Terms of Use to initiate litigation in a court, both you and Khoros agree that all claims and disputes arising out of or relating to the Terms of Use will be litigated exclusively in the state or federal courts located in Travis County, Texas.

PLEASE PRINT A COPY OF THESE TERMS OF USE FOR YOUR RECORDS AND CHECK BACK FREQUENTLY FOR ANY CHANGES.

19. Survival. Sections 6, 7, 11, and 14 through 19 shall survive the termination of these Terms of Use.

Last updated on: March 20, 2026