1. Agreement and acceptance
These Commercial Terms of Service (the "Terms") form a binding agreement between Kira AI, Inc. and the organization that subscribes to or uses Kira for business purposes (the "Customer"). By accepting these Terms, creating an account, or using the Services on behalf of an organization, you represent that you are authorized to bind that organization.
If the Customer and Kira have signed a separate master agreement or order form, that agreement controls to the extent it conflicts with these Terms.
2. Definitions
- "Services" means the Kira platform, applications, APIs, and related features made available to the Customer.
- "Customer Data" means content the Customer or its Authorized Users submit to the Services.
- "Output" means content generated by the Services in response to inputs.
- "Authorized User" means an individual the Customer permits to use the Services under its account.
- "Order" means the plan, quantities, and fees the Customer selects, online or in a signed order form.
3. Accounts and Authorized Users
The Customer is responsible for provisioning and de-provisioning Authorized Users, keeping credentials secure, and all activity under its account. The Customer must ensure that each Authorized User complies with these Terms and the Usage Policy.
4. Subscriptions, fees, and taxes
Fees are based on the applicable Order. Subscriptions renew automatically for successive terms unless cancelled before the renewal date. Usage-based charges are billed in arrears. Fees are exclusive of taxes, which the Customer is responsible for except for taxes on Kira’s net income. Late amounts may accrue interest as permitted by law. Refunds, where available, are governed by the Refund Policy.
5. Customer Data and ownership
As between the parties, the Customer owns all right, title, and interest in Customer Data and Output. The Customer grants Kira a limited, worldwide, non-exclusive license to host, process, and transmit Customer Data solely to provide and support the Services.
Kira does not use Customer Data to train its AI models. Model improvement uses only data the Customer explicitly chooses to contribute.
6. Acceptable use
Use of the Services is subject to the Usage Policy, which is incorporated into these Terms. The Customer is responsible for its Authorized Users’ compliance and for the lawfulness of the Customer Data it submits and the outreach its agents perform.
7. Availability and support
Kira will use commercially reasonable efforts to make the Services available and to provide support through the channels associated with the Customer’s plan. Eligible plans may include a Service Level Agreement with defined uptime targets and support response times. Planned maintenance and events outside Kira’s reasonable control are excluded from availability commitments.
8. Intellectual property and feedback
Kira and its licensors retain all rights in the Services, software, and related materials, excluding Customer Data and Output. If the Customer provides suggestions or feedback, Kira may use it to improve the Services without restriction or obligation.
9. Confidentiality
Each party will protect the other’s confidential information using at least reasonable care, will use it only to perform under these Terms, and will not disclose it except to representatives who need it and are bound by confidentiality obligations. This does not apply to information that is public, independently developed, or rightfully obtained from a third party.
10. Data protection and security
Kira processes personal data in accordance with its Privacy Policy and, where applicable, a Data Processing Addendum (DPA) that incorporates the European Commission’s Standard Contractual Clauses for international transfers. The Customer is the controller and Kira the processor with respect to Customer Data containing personal data. Security measures are described on the Security & Compliance page.
11. Third-party services and integrations
The Services may interoperate with third-party products the Customer chooses to connect. Those products are governed by their own terms, and Kira is not responsible for them. The Customer authorizes Kira to access and exchange Customer Data with a third-party product as needed to provide the integration.
12. Warranties and disclaimers
Each party warrants that it has the authority to enter into these Terms. Except as expressly stated, the Services are provided "as is" and "as available," and Kira disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law. AI Output may be inaccurate or incomplete and should be reviewed before reliance.
13. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues. Except for the excluded claims below, each party’s aggregate liability arising out of these Terms is limited to the fees paid or payable by the Customer in the 12 months before the event giving rise to the claim.
The limitations above do not apply to a party’s breach of its confidentiality obligations, the Customer’s payment obligations, either party’s indemnification obligations, or liability that cannot be limited under applicable law.
14. Indemnification
Kira will defend the Customer against third-party claims that the Services infringe that third party’s intellectual property rights, and the Customer will defend Kira against third-party claims arising from Customer Data or use of the Services in violation of these Terms or the Usage Policy. The indemnifying party will pay damages finally awarded or settled, subject to prompt notice, control of the defense, and reasonable cooperation.
15. Term, suspension, and termination
These Terms remain in effect for the subscription term stated in the Order. Either party may terminate for material breach not cured within 30 days of written notice. Kira may suspend access where necessary to protect the Services or comply with law. On termination, the Customer may export Customer Data for 30 days, after which Kira will delete it in accordance with its retention practices. Accrued payment obligations and clauses intended to survive will survive termination.
16. Governing law and dispute resolution
These Terms are governed by the laws of [State/Country], excluding its conflict-of-laws rules. The parties will first attempt to resolve disputes informally. Any unresolved dispute will be subject to the exclusive jurisdiction of the courts located in [Jurisdiction], unless the parties have agreed to binding arbitration in an Order or separate agreement.
17. Miscellaneous
- Assignment: neither party may assign these Terms without the other’s consent, except to a successor in a merger or sale of substantially all assets.
- Force majeure: neither party is liable for delays caused by events beyond its reasonable control.
- Severability: if a provision is unenforceable, the rest remain in effect.
- Entire agreement: these Terms, the Order, and incorporated policies are the entire agreement and supersede prior understandings.
- Notices: legal notices must be in writing and sent to the contact addresses on record.
- Export and sanctions: each party will comply with applicable export-control and sanctions laws.
18. Related policies and references
Frequently asked questions
Quick answers to common questions.
If you use Kira on behalf of an organization or for business purposes, the Commercial terms apply. If you use Kira for personal use, the Individual terms apply.
You do. Under both versions, you own your content and the output generated for you, and we do not train models on it unless you opt in.
Yes. We may update them and will provide notice of material changes. Continued use after changes take effect means you accept the updated terms.