Terms of Service

These Terms of Service (“Terms”) govern your access to and use of kite.ai, the Kite application, website creation and hosting services, the Kite application for Slack, supported third-party assistant connections including ChatGPT, and related services (collectively, the “Service”). The Service is provided by Appsmith, Inc., operating as Kite (“Kite,” “we,” “us,” or “our”).

By accepting these Terms or accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you accept these Terms on behalf of a company or other organization, you represent that you have authority to bind that organization. In that case, “you” and “your” refer to the organization, and individuals it authorizes to use the Service are its “Authorized Users.” If you use the Service in your individual capacity, “you” and “your” refer to you. Authorized Users must comply with these Terms, and organizations are responsible for their Authorized Users’ use of the Service.

If you have a separate written agreement with Appsmith, Inc. that expressly governs your use of Kite, that agreement controls to the extent of a conflict with these Terms. An applicable data processing agreement controls in relation to its subject matter.

1. Eligibility

You must be at least 18 years old and have reached the age of majority in your jurisdiction to use the Service. You must be able to enter into a binding agreement and must not be prohibited from using the Service under applicable law.

2. The Service

Kite provides AI-powered marketing tools and services, which may include business research, growth strategy, content creation, website and marketing-page creation and hosting, marketing experiments, outreach, and search-visibility analysis. Available features depend on your plan, account permissions, and supported integrations.

We may modify the Service over time. If we discontinue a material paid feature or the Service, we will provide reasonable advance notice where practicable and explain any applicable transition or refund arrangements. We may make changes without advance notice when reasonably necessary for security, legal compliance, or prevention of harm.

Beta, preview, and experimental features may be incomplete, unreliable, changed, or discontinued. Unless separately agreed in writing, they are provided without commitments concerning availability or continued support.

3. Accounts, Teams, and Permissions

You must provide accurate account information, safeguard your credentials, and promptly notify us at support@kite.ai if you suspect unauthorized access. You are responsible for activity under your account, except to the extent caused by our breach of these Terms or other circumstances for which applicable law makes us responsible.

If you use Kite as part of an organization or team, your access is subject to that team’s roles, permissions, and account controls. Team administrators may manage access and access or control team content and work as permitted by the Service and the organization’s arrangements with you. Do not assume that work submitted to a team is private from that team’s authorized members or administrators.

You must have authority to submit information and request work for your selected team and to use any connected accounts involved. Connecting an assistant or another service does not expand your permissions or grant access to another team or account.

4. Acceptable Use

You must not use the Service to:

• violate applicable law or another person’s intellectual property, privacy, or other rights;
• submit or distribute unlawful, fraudulent, defamatory, deceptive, or infringing material;
• impersonate others or misrepresent your identity, authority, or affiliation;
• create or distribute malware, spam, or malicious code;
• gain unauthorized access to accounts, systems, or data, or bypass access controls or usage limits;
• interfere with the Service or impose an unreasonable load on it;
• probe or test the Service’s security without authorization;
• reverse engineer or copy the Service, except to the extent permitted by applicable law;
• collect or use contact information unlawfully, disregard required consent or opt-outs, or conduct outreach in violation of applicable marketing, privacy, or communications laws or platform rules; or
• create or publish content or websites that promote unlawful activity, hateful abuse, or violence.

Do not submit passwords, authentication secrets, payment-card information, government identification numbers, protected health information, or other sensitive information unless the relevant feature expressly supports that information and its submission is lawful and authorized. Do not submit any of these categories through the ChatGPT connection, even if another Kite feature supports them. Do not place authentication secrets in prompts; use supported secure connection methods.

We may investigate suspected violations and restrict access or remove content when reasonably necessary to enforce these Terms, comply with law, or protect users, the Service, or others.

5. Your Content

“Input” means prompts, text, images, logos, files, links, data, and other materials you or your Authorized Users submit or make available to the Service, including through authorized connections. You retain your rights in your Input.

You grant us a non-exclusive, worldwide, royalty-free license to host, reproduce, process, transmit, display, and modify your Input as reasonably necessary to provide the Service, perform your authorized requests, maintain and secure the Service, troubleshoot problems, and provide support. We may permit service providers acting on our behalf to exercise these rights only as necessary to perform those functions and subject to applicable contractual restrictions.

This license does not authorize us to sell your Input or publicly publish it for our own marketing. Publishing or sharing Input at your direction is permitted. Any use of personal information remains subject to our Privacy Policy and applicable law. Any use of Input for model training must be covered by the disclosures and permissions applicable to that use; this license does not independently authorize such training.

You represent that you have the rights, notices, consents, and authority necessary for us to process your Input and carry out your requests. You are responsible for the legality and accuracy of your Input.

6. Generated Outputs and Ownership

“Output” means content generated specifically for you through the Service, including text, images, layouts, code, websites, strategies, and plans.

As between you and Kite, and to the extent permitted by applicable law, you own Output, excluding Kite Materials and Third-Party Materials described below. We assign to you any rights we may hold in that Output. You authorize us to process, store, display, transmit, and modify Output as necessary to provide the Service and carry out your authorized requests.

“Kite Materials” means our pre-existing and independently developed software, tools, templates, components, systems, branding, and other platform materials, including improvements to them. We retain ownership of Kite Materials. To the extent Kite Materials are incorporated into Output we deliver to you, we grant you a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and distribute those incorporated materials as part of your use and distribution of that Output. This does not grant rights to our hosted platform or software beyond your authorized use of the Service.

Output may contain third-party materials, including open-source software, fonts, stock assets, or other licensed content (“Third-Party Materials”). Those materials remain subject to their applicable licenses and restrictions. Nothing in these Terms transfers rights that we do not own or have authority to grant.

AI-generated Output may not be unique, and other users may receive similar content. Ownership language in these Terms does not guarantee that Output qualifies for copyright or other intellectual property protection.

7. Review of AI Outputs and Marketing Results

AI systems may produce inaccurate, incomplete, misleading, insecure, or infringing Output. You must review and, where appropriate, test Output before using, publishing, or relying on it. This includes generated code, factual statements, advertising claims, pricing, legal text, and outreach materials.

You are responsible for your final use of Output, including required permissions, disclosures, and compliance with laws and industry rules applicable to you. The Service does not replace qualified legal, financial, or other professional advice.

We do not guarantee search rankings, traffic, leads, conversions, revenue, campaign performance, or acceptance by advertising, search, messaging, or other third-party platforms.

8. Kite Intellectual Property and Feedback

We and our licensors retain all rights in the Service and Kite Materials. Subject to these Terms and your applicable plan, we grant you a limited, non-exclusive right to access and use the Service for your authorized purposes. Except as expressly provided in these Terms, no intellectual property rights are transferred to you.

If you voluntarily provide suggestions or feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use that feedback to develop and improve our products and services. This does not transfer ownership of your Input or permit disclosure of your confidential information.

9. Third-Party Services and Assistant Connections

The Service may connect to third-party services, including Slack, ChatGPT, hosting providers, analytics tools, and other accounts you authorize. Those services are separately operated and governed by their own terms and privacy policies. Kite is provided by Appsmith, Inc.; OpenAI and other integration providers are not parties to these Terms and do not provide Kite support.

When you use a supported assistant connection, information included in the authorized request is sent to Kite, and relevant Kite responses or work may be returned to the assistant. Requests may also involve connected services where necessary to perform the authorized task. Our Privacy Policy explains our handling of personal information; the assistant provider’s policies govern its own processing.

Depending on the feature and your permissions, Kite may prepare drafts or perform actions such as modifying a website, publishing content, or sending communications. Accepting these Terms or connecting an account is not, by itself, authorization for a particular publication, communication, purchase, or other external action. Such actions must fall within your authorized request and any applicable approval requirements. Account permissions alone do not replace required approval.

You are responsible for reviewing the scope of your instructions and approvals, including recipients, destinations, content, and any disclosed costs. We are responsible for operating the Service in accordance with these Terms and applicable law.

Third-party availability, functionality, and policies may change. We do not control third-party services and cannot guarantee their continued availability or compatibility.

10. Plans, Fees, and Credits

Your applicable plan, order form, or purchase terms specify fees, included features, credit allowances, billing periods, and any renewal terms. Applicable payment and renewal terms must be presented before you purchase. You authorize charges you agree to through those purchase arrangements.

Unless otherwise stated at purchase, prices are in U.S. dollars and exclude applicable taxes. Any regional pricing will be disclosed before purchase. Fees are non-refundable except as provided in your purchase terms, these Terms, or applicable law.

Credit consumption, expiration, rollover, and treatment of failed, retried, or canceled work are governed by the credit rules disclosed for your plan when credits are purchased or allocated. Current informational resources are available at kite.ai/pricing and How Credits Work. Changes to pricing or credit rules apply prospectively, subject to your existing purchase terms and any notice or consent required by law.

Requests through an assistant connection may consume the selected team’s existing Kite credits and remain subject to its plan and permissions. Connecting Kite to ChatGPT does not purchase a subscription or credits, provide additional entitlements, or create a separate ChatGPT access fee. Any separate paid purchase requires an applicable, authorized purchase process. We do not sell subscriptions or credits through the ChatGPT connection.

If your plan renews automatically, the renewal frequency, charges, and cancellation method will be disclosed when you subscribe. Cancellation stops future renewals in accordance with those disclosed terms. Merely stopping use or disconnecting an assistant does not cancel a Kite subscription.

11. Website Hosting and Publishing

You are responsible for the content you publish, the rights to your domains and assets, and any privacy notices, consent mechanisms, disclosures, and other legal requirements applicable to your website or business.

Hosting, custom domains, export features, storage, and other limits depend on your plan. Any domain registration or renewal service is subject to the terms disclosed when that service is purchased. Do not assume that a domain is registered or renewed unless you receive confirmation.

You should maintain independent copies of important content and exported work where available. Unless separately agreed in writing, we do not promise indefinite hosting, archival storage, or recovery of deleted content. We may restrict or remove hosted content for violations of these Terms, legal requirements, or security risks.

12. Privacy and Confidentiality

Our [Privacy Policy](https://kite.ai/privacy) explains how we collect, use, retain, and disclose personal information and how to exercise available privacy rights and controls.

We will use reasonable care to protect non-public business information you provide that is marked confidential or would reasonably be understood to be confidential. We will use it only to provide and support the Service, perform your authorized requests, or as otherwise permitted by an applicable agreement. We may disclose it to personnel and service providers who need access for those purposes and are subject to appropriate confidentiality obligations, or when legally required.

These confidentiality obligations do not apply to information that becomes public without a breach of these Terms, was lawfully known to us without restriction, is lawfully received from another source without restriction, or is independently developed without use of your confidential information. Information you authorize us to publish or share may be disclosed within that authorization.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, INCLUDING BETA FEATURES AND OUTPUT, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT OUTPUT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR YOUR PURPOSES.

Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded, or overrides express obligations in these Terms or a separate applicable written agreement.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KITE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF KITE AND THOSE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) US $100 OR (B) THE FEES PAID BY YOU OR YOUR ORGANIZATION TO KITE FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

These exclusions and limitations do not apply to fraud, willful misconduct, gross negligence, or any other liability to the extent it cannot lawfully be excluded or limited. Mandatory rights and remedies under applicable law remain unaffected.

15. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Kite and its affiliates, officers, directors, employees, and agents against third-party claims, damages, liabilities, and reasonable expenses, including attorneys’ fees, arising from (a) Input you provide that infringes a third party’s rights, (b) your unlawful use of the Service, or (c) your material breach of these Terms. This obligation does not apply to the extent a claim results from our breach of these Terms, negligence, or willful misconduct.

We will promptly notify you of a claim, provide reasonable cooperation at your expense, and allow you to control the defense using reasonably acceptable counsel. A delay in notice relieves your obligations only to the extent it materially prejudices the defense. You may not settle a claim in a way that admits fault by us, imposes non-monetary obligations on us, or fails to fully release the indemnified parties without our prior written consent, which will not be unreasonably withheld. We may participate in the defense at our own expense.

16. Suspension, Termination, and Disconnection

You may stop using the Service at any time and may request account closure by contacting support@kite.ai. Subscription cancellation is governed by your applicable purchase terms and cancellation process.

We may suspend or terminate access if you materially breach these Terms, fail to pay amounts due, create a security or legal risk, or if required by law. Where reasonably practicable, we will provide notice and an opportunity to resolve the issue. Immediate action may be necessary to address urgent risks or legal requirements.

Disconnecting an assistant and revoking its authorization prevents new requests through that connection. It does not itself cancel your subscription, delete stored Kite work, remove information held independently by the assistant provider, or necessarily cancel jobs or schedules previously authorized. Use available cancellation controls or contact support to request cancellation of ongoing work; actions already completed may not be reversible.

When your access ends, your right to use the Service ends, and hosted websites may become unavailable. Where reasonably practicable, we will provide an opportunity to retrieve content using available export functionality before closing a paid account, except where doing so would create a security risk or violate law. Data retention and deletion are governed by our Privacy Policy and any applicable agreement.

Termination does not affect accrued payment obligations. If we discontinue a prepaid Service before the end of its committed term for reasons other than your breach, we will refund the unused portion of prepaid fees attributable to the discontinued Service, unless your separate written agreement provides otherwise. Other refunds are governed by purchase terms and applicable law.

Provisions that by their nature should survive will survive, including ownership, confidentiality, accrued payment obligations, disclaimers, liability limitations, indemnification, and dispute resolution.

17. Changes to These Terms

We may update these Terms from time to time. We will post the revised Terms with an updated date. For material changes, we will provide reasonable advance notice through the Service or an account contact, except where a shorter period is necessary for legal or security reasons.

Changes apply from the effective date specified in the notice. Where required by law, we will obtain your consent. Otherwise, continued use after the effective date constitutes acceptance. If you do not agree, stop using the Service and cancel any subscription before the changes take effect.

18. Governing Law and Disputes

These Terms are governed by California law, without regard to conflict-of-laws principles, except to the extent mandatory applicable law requires otherwise.

Except where applicable law requires otherwise, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be brought exclusively in the state courts located in San Francisco County, California, or, where federal subject-matter jurisdiction exists, in the United States District Court for the Northern District of California. You and Appsmith, Inc. consent to the personal jurisdiction and venue of those courts.

Nothing in these Terms deprives you of non-waivable consumer protections or the right to bring a claim in another court where applicable law requires that right.

19. General Terms

These Terms, together with applicable order forms, purchase terms, and other agreements expressly incorporated into them, constitute the agreement concerning the Service. They do not supersede a separate written agreement governing Kite except as that agreement expressly provides. A specifically negotiated agreement controls over these Terms in the event of a conflict; an applicable data processing agreement controls for its subject matter. An order form or purchase term controls for the commercial details it expressly specifies.

If any provision is unenforceable, it will be limited to the extent necessary, and the remaining provisions will remain effective. Failure to enforce a provision is not a waiver.

You may not assign these Terms without our prior written consent, except as permitted by applicable law. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of the relevant business or assets, subject to applicable law. These Terms do not create third-party beneficiary rights except for the parties expressly protected by Sections 14 and 15.

Neither party is responsible for delay or failure caused by circumstances beyond its reasonable control, except for payment obligations for services already provided.

20. Contact

Appsmith, Inc., operating as Kite
Email: support@kite.ai
Website: https://kite.ai