Terms of service.

These Terms of Use are entered into by and between you and Kita, a Delaware corporation ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your use of and access to the free features of our websites, web-based applications and products, APIs, customer support, discussion forums or other interactive areas or services (collectively, the Services). The Services include any software that we include as part of the Services, including mobile and desktop applications, scripts, instruction sets, and related documentation (collectively, the Software). These Terms of Use do not govern your use of, and the Services do not include, any paid or subscription-based offerings we provide; those are governed by a separate written agreement between you and us. If there is a conflict between such agreement and these Terms of Use, that agreement controls.

In these Terms of Use, you, your, and customer refer to you. If you are using the Services as an individual, you represent and warrant that you are of legal age to form a binding contract. If you are using the Services on behalf of an entity, you represent and warrant that you have authority to bind that entity, and the terms you, your, and customer refer to that entity. If you do not meet these requirements, do not access or use the Services.

By using the Services or registering for an account, you agree to be bound by these Terms of Use. If you do not agree, you must not access or use the Services. The Company does not provide warranties or indemnities for the Services, and these Terms of Use limit the Company's liability to you.

We may revise and update these Terms of Use from time to time. We will notify you by posting the updated terms. All changes are effective immediately when posted and do not apply to disputes arising before posting. Your continued use after posting means you accept the changes. If you do not agree, stop using the Services.

Subject to your compliance with these Terms of Use and applicable law, we grant you a non-exclusive, limited, revocable right to access and use the Services we make available. We may withdraw, terminate, or amend the Services at our discretion without notice and are not liable if any part of the Services is unavailable. We may restrict access to some parts or all of the Services from time to time.

These Terms remain in effect until terminated. We may suspend or terminate these Terms, your access, and your rights to use the Services at any time in our discretion. Upon termination, all rights granted here expire and you must stop using the Services and follow our instructions to return or delete data obtained through the Services.

If asked to create credentials or provide information, you must ensure it is accurate and complete. Treat usernames, passwords, and security details as confidential and do not share them. Notify us immediately of unauthorized use or any security breach. We may disable credentials if we believe you violated these Terms.

You are responsible for ensuring all users who access the Services through your account are aware of and comply with these Terms of Use.

Your use of the Services is subject to our Privacy Policy. By using the Services, you consent to actions we take with respect to your information consistent with that policy.

We process and store information in the U.S. and other countries. By using the Services, you authorize us to transfer your personal information across borders where we operate, consistent with applicable laws.

The Services and all related content and functionality are owned by the Company, its licensors, or other providers and are protected by intellectual property laws. You may use the Services for personal, non-commercial use only; no rights are transferred to you.

You must not modify, copy, distribute, create derivative works, publicly display or perform, republish, download, store, or transmit material from the Services. Rights not expressly granted are reserved by the Company.

The Company name, logo, and related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. Do not use these marks without prior written permission. Other names and logos are trademarks of their respective owners.

You agree not to collect, process, or store Sensitive Personal Information using the Services and not to transmit such information to the Company's third-party providers. Sensitive Personal Information includes financial information, protected health information, biometric data, personal information of children, or other sensitive data as defined by applicable law.

You also agree not to use the Services for unlawful purposes; to harm or exploit minors; to send spam; to impersonate others; to disable or impair the Services; to scrape or monitor content; to introduce malware; to gain unauthorized access; or to otherwise interfere with the proper working of the Services.

User Content means any text, information, or material you upload or create using the Services. User Content must comply with the Prohibited Uses. User Content you provide is non-confidential and non-proprietary. You grant us and our affiliates a non-exclusive, worldwide, royalty-free license to use, analyze, reproduce, modify, perform, display, distribute, and disclose User Content to provide and improve the Services and for other business purposes.

You represent and warrant that you own or control all rights in User Content. The Services may generate Output based on prompts or documents you submit. We do not warrant Output will be accurate, unique, or non-infringing.

If you provide feedback, ideas, or suggestions about the Services, we may use them for our business purposes without payment or attribution to you.

We may make third-party software and services available for convenience. Such offerings are not part of the Services, and your use of them is solely between you and the third party. We are not responsible for their content, policies, or performance.

The Services are provided for use by persons located in the United States. We make no claims that the Services are accessible or appropriate outside the United States. Accessing the Services from other locations is at your own initiative and risk.

THE SERVICES AND OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOU BEAR THE RISK OF USING THEM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, LICENSORS, AND PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES OR OUTPUT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR ACCURATE.

IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, MORAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF USE, DATA, REPUTATION, REVENUE, OR PROFITS, BASED ON ANY THEORY OF LIABILITY. OUR TOTAL LIABILITY RELATING TO THE SERVICES IS LIMITED TO $400. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Nothing in these Terms excludes liability that cannot be limited under applicable law.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns from and against claims and losses arising out of your violation of these Terms or your use of the Services or Output, including your User Content.

These Terms and any disputes are governed by the internal laws of the State of California. Any legal suit arising out of or related to these Terms or the Services shall be instituted exclusively in the federal or state courts located in San Francisco County, California, and you waive objections to jurisdiction and venue in those courts.

At our discretion, we may require disputes arising from these Terms or the Services to be submitted to final and binding arbitration in San Francisco County, California before one arbitrator, administered by JAMS under its Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction.

No waiver of any term is a waiver of any other term or a continuing waiver. If any provision is held invalid, illegal, or unenforceable, the remaining provisions continue in full force and effect.

You may send notices to us at: Kita, 2261 Market Street STE 13426, San Francisco, CA 94114.

We may notify you by email or postal mail associated with your account, postings within the Services, or other legally accepted means. Keep your account information current to receive notifications.

You may not assign these Terms or your rights and obligations without our written consent. We may assign our rights without your consent.

Nothing in these Terms creates an employer-employee relationship, joint venture, or partnership between the parties.

Unless we have another binding written agreement with you, these Terms and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Services.