Terms and Conditions

1 Introduction & Acceptance

Welcome to KitePin. These Terms and Conditions ("Terms") govern your access to and use of the KitePin platform, website, and related services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

KitePin provides an AI-powered voice and chat customer support platform that enables businesses to deploy intelligent conversational agents on their websites. Our platform operates on a Bring Your Own Key (BYOK) model, allowing you to connect your own OpenAI API key for AI-powered conversations.

2 Service Description

KitePin provides the following features and capabilities:

2.1 AI Voice & Chat Agents

Deploy AI-powered conversational agents that can communicate with your customers through both voice and text chat interfaces. Agents can be customized with your own prompts, knowledge bases, and behavioral settings.

2.2 Agent Configuration

Configure your agents through six comprehensive tabs including Agent settings, Appearance customization, Behaviour controls, Knowledge management, Automation workflows, and Installation/Embedding options.

2.3 Knowledge Management

Build your agent's knowledge through Global Knowledge Base, Contextual Knowledge extraction from pages, and Page-wise Knowledge for specific sections of your website.

2.4 Analytics & Conversations

Access comprehensive dashboards showing conversation metrics, usage statistics, user engagement data, and full conversation logs with transcripts.

2.5 Team Collaboration

Invite team members with configurable access rights for Dashboard viewing, Agent modification, and Conversation log access.

2.6 Automation & Integration

Set up webhook integrations, email notifications, AI-generated conversation summaries, and function calling for connecting to external APIs and databases.

3 Account Registration

To use KitePin, you must create an account by providing accurate and complete information.

3.1 Account Requirements

• You must be at least 18 years old to create an account
• You must provide a valid email address and contact information
• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized access to your account

3.2 Account Security

You are solely responsible for all activities that occur under your account. KitePin is not liable for any loss or damage arising from your failure to protect your account credentials, including your OpenAI API key.

3.3 Team Member Accounts

If you invite team members to your account, you are responsible for their actions within the platform. You may configure access rights to control what team members can view and modify.

4 BYOK Model & API Keys

KitePin operates on a Bring Your Own Key (BYOK) model, which means you connect your own OpenAI API key to power AI conversations.

4.1 API Key Requirements

• You must have a valid OpenAI account and API key to use AI features
• You are responsible for all costs incurred through OpenAI for API usage
• KitePin does not mark up OpenAI's API prices—you pay OpenAI directly
• Your API key is encrypted and stored securely within our platform

4.2 API Key Security

While we implement industry-standard security measures to protect your API key, you acknowledge that:

• You should regularly rotate your API keys as a security best practice
• You should set appropriate usage limits in your OpenAI account
• KitePin is not responsible for unauthorized API usage resulting from compromised keys

4.3 OpenAI Terms

By using our Service with your OpenAI API key, you agree to comply with OpenAI's Terms of Use and Acceptable Use Policy. KitePin is not responsible for any violations of OpenAI's terms that result from your use of the platform.

5 Pricing & Payments

5.1 Subscription Plans

KitePin offers various pricing plans with different feature sets and agent limits. Current pricing and plan details are available on our website. We reserve the right to modify pricing with advance notice to existing customers.

5.2 Payment Terms

• All fees are charged in advance and are non-refundable except as stated in Section 5.3
• You authorize us to charge your designated payment method for applicable fees
• Failed payments may result in service suspension until payment is resolved
• All prices are in USD unless otherwise specified

5.3 Refund Policy

We offer a 14-day money-back guarantee for new purchases. If you are not satisfied with the Service within 14 days of your initial purchase, you may request a full refund. This guarantee applies to new customers only and does not apply to renewals or additional purchases.

5.4 Taxes

Prices do not include applicable taxes. You are responsible for all taxes, duties, and government charges associated with your purchase and use of the Service.

6 Lifetime Deal Terms

KitePin may offer Lifetime Deal (LTD) purchases that provide perpetual access to the platform for a one-time payment.

6.1 What's Included

• Perpetual access to all current features included in your purchased tier
• All future updates and improvements to existing features
• Access to new features as they become available at your tier level
• Support and maintenance for the life of the product

6.2 What's Not Included

• OpenAI API costs (you pay OpenAI directly through your BYOK key)
• Any third-party service fees or integrations requiring separate subscriptions
• Premium add-ons or enterprise features that may be offered separately

6.3 Lifetime Deal Limitations

The Lifetime Deal grants access for the operational life of KitePin as a product. In the unlikely event that KitePin ceases operations entirely, we will provide at least 12 months advance notice and make reasonable efforts to provide data export capabilities.

7 Acceptable Use Policy

You agree to use KitePin responsibly and in compliance with all applicable laws. The following uses are strictly prohibited:

7.1 Prohibited Content

• Content that is illegal, harmful, threatening, abusive, or harassing
• Content that infringes on intellectual property rights of others
• Sexually explicit or pornographic content
• Content promoting violence, hatred, or discrimination
• False, misleading, or deceptive content intended to defraud
• Malware, viruses, or other harmful code

7.2 Prohibited Activities

• Using the Service to send spam or unsolicited communications
• Attempting to circumvent rate limits or usage restrictions
• Reverse engineering, decompiling, or disassembling the Service
• Accessing accounts or data belonging to other users
• Impersonating any person or entity
• Using automated means to access the Service except through provided APIs
• Overloading our infrastructure or interfering with Service operation

7.3 Agent Conduct

You are responsible for the behavior and outputs of your AI agents. You must configure your agents to:

• Comply with all applicable laws and regulations
• Clearly identify themselves as AI when interacting with users
• Not make false claims or promises on behalf of your business
• Respect user privacy and data protection requirements
• Display appropriate Terms & Conditions to end users when required

8 Data & Privacy

8.1 Your Data

You retain all ownership rights to your data, including agent configurations, knowledge bases, and conversation logs. We do not claim ownership of your content.

8.2 Data Processing

By using the Service, you grant KitePin a limited license to process your data solely for the purpose of providing the Service. This includes storing configurations, processing conversations, and generating analytics.

8.3 Conversation Data

You control conversation data retention through the Data Retention settings in your agent configuration. You may set retention periods or enable Conversation Memory features according to your needs and compliance requirements.

8.4 Third-Party Data Sharing

Conversation content is sent to OpenAI for processing when using AI features. You acknowledge that OpenAI's privacy policy applies to this data. KitePin does not sell your data to third parties for advertising purposes.

8.5 Data Export

You may export your conversation data through our CSV Download feature available in the dashboard. We support reasonable data portability requests.

8.6 Data Security

We implement industry-standard security measures including encryption, access controls, and regular security audits. However, no system is completely secure, and you use the Service at your own risk.

9 Intellectual Property

9.1 KitePin Ownership

KitePin and its licensors own all rights, title, and interest in the Service, including all software, designs, trademarks, and documentation. Nothing in these Terms transfers any intellectual property rights to you.

9.2 Your Content

You retain ownership of content you create, including agent prompts, knowledge bases, and customizations. You grant KitePin a license to use this content solely to provide the Service.

9.3 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant us the right to use such feedback without compensation or attribution.

9.4 Third-Party Components

The Service may include third-party software or content subject to separate license terms. Such terms will be made available to you as required.

10 Limitation of Liability

10.1 Service Availability

The Service is provided "as is" and "as available." We do not guarantee uninterrupted, secure, or error-free operation. We may perform maintenance or updates that temporarily affect availability.

10.2 AI Outputs

AI-generated responses may contain errors or inaccuracies. You are solely responsible for reviewing and verifying any information provided by AI agents before acting upon it or presenting it to customers.

10.3 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KITEPIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.4 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KITEPIN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

10.5 Maximum Liability

Our total liability for any claims arising from these Terms or your use of the Service shall not exceed the amount you paid to KitePin in the twelve (12) months preceding the claim, or \$100 USD, whichever is greater.

11 Termination

11.1 Termination by You

You may terminate your account at any time by contacting our support team. Upon termination, your right to use the Service ceases immediately.

11.2 Termination by KitePin

We may suspend or terminate your account if:

• You violate these Terms or the Acceptable Use Policy
• Your payment method fails and is not resolved within a reasonable time
• We are required to do so by law
• We reasonably believe your use poses a security risk

11.3 Effect of Termination

Upon termination, we may delete your account data after a reasonable retention period. You should export any data you wish to retain before termination. Certain provisions of these Terms survive termination, including Sections 9, 10, and 12.

11.4 Refunds Upon Termination

Termination for violation of these Terms does not entitle you to any refund. Refunds for other circumstances are at our sole discretion, except as required by the 14-day money-back guarantee.

12 General Provisions

12.1 Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or through the Service. Continued use after changes constitutes acceptance of the modified Terms.

12.2 Governing Law

These Terms are governed by the laws of the jurisdiction in which KitePin is incorporated, without regard to conflict of law principles.

12.3 Dispute Resolution

Any disputes arising from these Terms shall be resolved through binding arbitration, except for claims seeking injunctive relief. Class action lawsuits and class-wide arbitration are waived.

12.4 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and KitePin regarding the Service.

12.5 Severability

If any provision of these Terms is found unenforceable, the remaining provisions continue in full force and effect.

12.6 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

12.7 Assignment

You may not assign or transfer these Terms without our consent. We may assign our rights and obligations freely.

12.8 Force Majeure

We are not liable for delays or failures resulting from circumstances beyond our reasonable control, including natural disasters, acts of government, or service provider outages.