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End User Licence Agreement

This agreement governs your use of KiteFishAI software, APIs, and model artifacts.

Effective June 14, 2026/Kitefish Technology Pvt Ltd
01

Parties

This End User License Agreement ("Agreement") is between Kitefish Technology Pvt Ltd, a company incorporated under the Companies Act, 2013, with its registered office in Gurugram, Haryana, India ("Licensor"), and the individual or organisation accepting this Agreement ("Licensee").

02

Grant of Licence

Subject to your compliance with this Agreement, the Licensor grants you a limited, non-exclusive, non-transferable, revocable licence to:

  • Access and use the KiteFishAI software, APIs, model weights, and documentation ("Software") solely for your internal business operations
  • Integrate the APIs into your internal or customer-facing applications, subject to the usage limits in your subscription plan
  • Use on-premises model packages on hardware owned or controlled by you, where such packages have been explicitly licensed for on-premises deployment
03

Restrictions

You may not:

  • Sublicence, sell, resell, transfer, or commercially exploit the Software without prior written consent
  • Reverse engineer, decompile, or attempt to derive source code, model architectures, or training data from the Software
  • Use the Software to develop or train competing AI models or foundational language models
  • Remove, alter, or obscure any proprietary notices or branding in the Software
  • Use the Software in violation of applicable law or export control requirements
  • Share API keys, credentials, or on-premises model packages with unauthorised third parties
04

On-Premises Deployment

Where the Licensor has provided on-premises model packages under a separate enterprise agreement:

  • The licence is restricted to hardware located within the territory specified in the enterprise agreement
  • You may not replicate or redistribute model weights beyond the number of instances licensed
  • Annual licence renewal may be required to receive updates and continued support
  • The Licensor retains all intellectual property rights in the model weights, architecture, and training methodologies
05

Data Retention and Abuse Prevention

When using cloud-based or hosted versions of the Software, interaction logs are retained for 30 days to monitor for abuse, policy violations, and security threats. This is a platform-level security control applicable to all users.

This data is not shared with third parties except as required by law.

06

Model Training — Explicit Opt-In Required

Your inputs, outputs, and interaction data will not be used for training, fine-tuning, or evaluating AI models unless you have explicitly opted in.

Opt-in consent can be provided through your account settings or a signed data contribution addendum. Consent can be withdrawn at any time and will be honoured prospectively.

07

Intellectual Property

All rights, title, and interest in the Software — including model architectures, weights, training methodologies, APIs, and documentation — are and will remain the exclusive property of Kitefish Technology Pvt Ltd. This Agreement does not transfer any ownership rights to you.

Output generated by the Software in response to your inputs is owned by you, subject to the restrictions in Section 3 and applicable law.

08

Updates and Modifications

For cloud/API access, updates are deployed automatically. For on-premises deployments, updates are provided per the support terms in your enterprise agreement. The Licensor reserves the right to modify or discontinue features with reasonable notice.

09

Support and Maintenance

Support is provided per the tier specified in your subscription or enterprise agreement. Enterprise agreements include SLA commitments defined in the applicable order form or master service agreement.

10

Warranty Disclaimer

The Software is provided "as is." The Licensor makes no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy of model outputs, or non-infringement. Model outputs are probabilistic and should not be used as the sole basis for regulated decisions without human review.

11

Limitation of Liability

To the maximum extent permitted by applicable law, the Licensor's total liability for any claim shall not exceed the fees paid by you in the three months preceding the claim. In no event shall the Licensor be liable for indirect, incidental, consequential, or punitive damages.

12

Term and Termination

This Agreement is effective from acceptance and continues until terminated. The Licensor may terminate immediately upon material breach. Upon termination:

  • Your licence to use the Software is revoked
  • You must cease all use and, for on-premises deployments, delete or return model packages as directed
  • Sections 3, 7, 10, 11, 13, and 14 survive termination
13

Governing Law

This Agreement is governed by the laws of India. Disputes shall be resolved through arbitration in Gurugram, Haryana, under the Arbitration and Conciliation Act, 1996. The language of arbitration shall be English.

14

Entire Agreement

This Agreement, together with any applicable order form or enterprise agreement, constitutes the entire agreement between the parties regarding its subject matter. Any amendment must be in writing and signed by authorised representatives of both parties.

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