Terms of Service
Please read these terms carefully before using our platform, APIs, or models.
Acceptance of Terms
By accessing or using the KiteFishAI platform, APIs, models, or any related services (collectively, "Services") provided by Kitefish Technology Pvt Ltd ("we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree, you may not use the Services.
Description of Services
KiteFishAI provides sovereign Small Language Models (SLMs), embedding models, and AI inference APIs designed for enterprise deployment. Our Services include:
- Text generation and reasoning APIs
- Embedding and retrieval APIs
- Optical character recognition (OCR) services
- Speech-to-text and text-to-speech services
- Real-time AI session APIs
- On-premises deployment packages and support
Eligibility
You must be at least 18 years of age and have the legal authority to enter into a binding agreement on behalf of yourself or the organisation you represent. By using the Services, you confirm these conditions are met.
Account Registration
Access to certain Services requires creating an account. You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account. Notify us immediately at legal@kitefishai.com of any unauthorised use or security breach.
Data Retention and Abuse Prevention
Interaction logs and request data are retained for 30 days from the date of submission — solely to detect, investigate, and prevent abuse, misuse, and policy violations. After 30 days, data is permanently deleted unless legal retention obligations apply.
We do not use this retained data for model training, commercial profiling, or any purpose other than security and abuse prevention.
Model Training and Opt-In Consent
By default, your inputs and outputs are never used to train or improve our AI models. Model training use of your data requires your explicit opt-in.
You may opt in through your account settings or by executing a separate data contribution agreement. Consent may be withdrawn at any time by updating your account preferences or contacting legal@kitefishai.com. Withdrawal applies prospectively and does not affect data already used during the opt-in period.
Acceptable Use
You agree not to use the Services to:
- Generate or distribute content that is unlawful, defamatory, obscene, or harmful
- Violate applicable law or regulation, including India's Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023
- Engage in unauthorised access, interference, or disruption of our systems
- Reverse engineer, extract, or reproduce source models, weights, or proprietary algorithms
- Use the Services to build competing foundational model infrastructure without prior written consent
- Transmit malware, spam, or any code intended to cause harm
Intellectual Property
All content, models, APIs, documentation, and software comprising the Services are the intellectual property of Kitefish Technology Pvt Ltd or its licensors. These Terms do not grant you any ownership rights. You receive a limited, non-exclusive, non-transferable, revocable licence to use the Services for lawful purposes.
Confidentiality
If you receive access to non-public features, beta releases, or technical specifications under a separate agreement, you agree to maintain their confidentiality and not disclose them to third parties without our prior written consent.
Payment and Billing
Paid Services are billed per the pricing plan selected at subscription. All fees are non-refundable except as required by applicable law. We reserve the right to modify pricing with 30 days' notice. Continued use after notice constitutes acceptance of revised pricing.
Disclaimer of Warranties
The Services are provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components.
Limitation of Liability
To the maximum extent permitted by law, Kitefish Technology Pvt Ltd and its affiliates, officers, and employees shall not be liable for any indirect, incidental, special, consequential, or punitive damages. Our total aggregate liability shall not exceed the amounts paid by you in the three months preceding the claim.
Indemnification
You agree to indemnify and hold harmless Kitefish Technology Pvt Ltd, its officers, directors, employees, and partners from any claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Services, your violation of these Terms, or your infringement of third-party rights.
Termination
We may suspend or terminate your access at any time, with or without cause, upon notice. You may terminate your account by contacting legal@kitefishai.com. Sections 8, 11, 12, 13, and 15 survive termination.
Governing Law and Dispute Resolution
These Terms are governed by the laws of India. Disputes shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration under the Arbitration and Conciliation Act, 1996, with proceedings in Gurugram, Haryana, India.
Changes to Terms
We may update these Terms periodically. Material changes will be communicated via email or a notice on our website at least 14 days before taking effect. Continued use after the effective date constitutes acceptance.