Terms of Service

// 011. Agreement

These Terms of Service (the "Terms") are a binding agreement between you and Kismet Career Paths LLC, a South Carolina limited liability company doing business as Alpha-Centauri-Cyberspace ("Alpha-Centauri-Cyberspace", "we", "us", or "our"), governing your access to and use of the Kite platform at getkite.sh, our command-line interface (kite), our API, and our dashboard (together, the "Service").

By creating an account, installing the CLI, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

If you do not agree, do not use the Service.

// 022. The Service

Kite is a webhook delivery platform. We receive HTTP events from sources you configure, normalize them to CloudEvents, and deliver them to destinations under your control — via streaming, proxying, or replay. Specific features, quotas, and pricing are described at getkite.sh and in our documentation.

We may modify the Service from time to time. Material changes that reduce core functionality will be announced in advance.

// 033. Accounts

• You must be at least the age of majority in your jurisdiction (16 in the EEA, 18 in most other places) to use the Service.
• You must provide accurate account information and keep it up to date.
• You are responsible for maintaining the confidentiality of your credentials and API keys, and for all activity under your account.
• You must promptly notify us of any unauthorized access by contacting [email protected].

// 044. Acceptable use

You agree not to use the Service to:

• Transmit, relay, or process content that is unlawful, infringing, defamatory, obscene, or harassing
• Relay malware, phishing payloads, command-and-control traffic, or other malicious content
• Attack, probe, or test the security of any system without the owner's written authorization
• Use the Service as part of a distributed denial-of-service campaign
• Send unsolicited bulk communications ("spam") or circumvent anti-spam measures
• Circumvent rate limits, quotas, or access controls; scrape or automate beyond documented API usage
• Interfere with the Service's integrity, performance, or availability
• Impersonate any person or misrepresent your affiliation
• Violate the terms of any upstream source you integrate (e.g. GitHub webhook installation must comply with GitHub's terms and require your ownership of, or authorization over, the target repository)
• Export or re-export the Service in violation of applicable trade-control laws

We may investigate suspected violations and, at our discretion, suspend or terminate accounts we reasonably believe are in breach.

// 055. Your content

You retain all rights in the event payloads and other data you transmit through the Service ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display Your Content solely as necessary to operate, secure, and improve the Service for you.

You are the data controller with respect to any personal information contained in Your Content; we are the data processor. Our processing commitments are set out in our Privacy Policy and, for enterprise customers, a separate Data Processing Addendum available on request.

You are responsible for Your Content and for having all necessary rights and lawful bases to transmit it through the Service.

// 066. Subscriptions, fees, and taxes

• Paid plans, features, quotas, and prices are described at getkite.sh/pricing or in your order form.
• Fees are charged in advance on a recurring basis unless otherwise stated. Subscriptions renew automatically for successive terms of the same length unless cancelled before the renewal date.
• All fees are non-refundable except where required by law. If you cancel, you retain access until the end of the current paid period.
• Fees are exclusive of taxes. You are responsible for any applicable sales, use, VAT, GST, or similar taxes.
• We may change pricing with at least 30 days' notice; changes take effect at your next renewal.

For payments settled via the x402 protocol, you acknowledge that on-chain transactions are irreversible and that wallet addresses you authorize are treated as your instruction to pay.

// 077. API keys, rate limits, and quotas

• API keys are tied to your team and must not be shared.
• The Service enforces rate limits and quotas as documented. Exceeding them may result in 429 responses or temporary throttling.
• You agree not to engineer around rate limits by creating multiple accounts or teams.

// 088. Availability and support

We aim for high availability but make no uptime guarantee outside of a signed Service Level Agreement. Scheduled maintenance will be announced in advance where practical. Unplanned outages will be communicated through the status page and dashboard notices.

Support is provided per the tier of your plan. Email support: [email protected].

// 099. Intellectual property

The Service, including its software, design, logos, and documentation, is owned by Kite and its licensors and is protected by copyright, trademark, and other laws. Our open-source components — including kite-cli, kite-protocol, and kite-mesh — are licensed under the MIT License as indicated in their respective repositories. Nothing in these Terms grants you rights in our name or marks beyond those required to use the Service as intended.

If you submit feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.

// 1010. Third-party services

The Service integrates with third-party services you choose to connect, such as GitHub, Stripe, and others. Those integrations are governed by the third party's own terms and privacy practices. We are not responsible for third-party services or for any loss caused by their failure.

// 1111. Suspension and termination

You may cancel your subscription and delete your account at any time from the dashboard. We may suspend or terminate your access, with or without notice, if:

• You materially breach these Terms or our Acceptable Use rules
• Your account is delinquent on payment
• Continued provision would expose Kite or others to legal, security, or operational risk
• Required by law, regulation, or legal process

On termination, your right to use the Service ends immediately. We will handle any personal information remaining under our control in accordance with our Privacy Policy.

Sections intended to survive termination — including Sections 5 (Your content), 9 (Intellectual property), 12 (Disclaimer), 13 (Limitation of liability), 14 (Indemnification), 16 (Governing law), and 17 (Dispute resolution) — survive.

// 1212. Disclaimer of warranties

To the maximum extent permitted by law, the Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied. Alpha-Centauri-Cyberspace disclaims all warranties, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any implied warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that event delivery will occur without latency or loss in every circumstance.

Some jurisdictions do not allow the exclusion of implied warranties; to the extent those apply to you, some of the above exclusions may not.

// 1313. Limitation of liability

To the maximum extent permitted by law:

• Neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or anticipated savings, arising out of or relating to these Terms or the Service, regardless of the theory of liability and even if advised of the possibility of such damages.
• Each party's total aggregate liability for any claim arising out of or relating to these Terms or the Service is limited to the fees you paid to Kite for the Service in the twelve (12) months preceding the event giving rise to the claim, or one hundred US dollars (US$100), whichever is greater.

These limits apply in the aggregate and do not limit liability for (a) willful misconduct, (b) fraud, (c) death or personal injury caused by negligence, or (d) any other liability that cannot be limited under applicable law.

// 1414. Indemnification

You will defend, indemnify, and hold harmless Alpha-Centauri-Cyberspace and its affiliates, officers, employees, and agents from and against any third-party claim, demand, loss, liability, or expense (including reasonable attorneys' fees) arising out of or related to (a) Your Content, (b) your use of the Service in violation of these Terms or applicable law, or (c) your violation of a third party's rights.

// 1515. Changes to these Terms

We may update these Terms from time to time. For material changes we will give at least 30 days' advance notice by email to the contact on your account and by posting notice in the dashboard. The "Last updated" date at the top reflects the most recent revision. Your continued use of the Service after the effective date of a change constitutes acceptance. If you do not agree to a change, your sole remedy is to stop using the Service before the change takes effect.

// 1616. Governing law and venue

These Terms are governed by the laws of the State of South Carolina, United States, without regard to its conflict-of-laws rules. Subject to Section 17 (Dispute resolution), the state and federal courts located in Charleston County, South Carolina have exclusive jurisdiction over any dispute not subject to arbitration, and the parties consent to personal jurisdiction there.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

// 1717. Dispute resolution; arbitration; class waiver

Please read this section carefully. It affects your legal rights.

17.1 Informal resolution

Before filing a claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 60 days.

17.2 Binding arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved under Section 17.1 will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will take place in Charleston, South Carolina (or by video, by mutual agreement). The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.

17.3 Class action waiver

You and Kite each waive the right to participate in any class, collective, or representative action. Disputes must be brought on an individual basis. An arbitrator may not consolidate more than one person's claims without the consent of all affected parties.

17.4 Exceptions

This Section 17 does not apply to (a) claims for injunctive relief to protect intellectual property rights, (b) claims that must be heard in small claims court, or (c) any dispute where arbitration or the class waiver is unenforceable under applicable law.

17.5 30-day opt-out

You may opt out of this arbitration agreement by emailing [email protected] with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms. Your opt-out will not affect any other part of these Terms.

// 1818. Miscellaneous

• Entire agreement. These Terms, the Privacy Policy, and any order form or DPA signed between you and Kite are the entire agreement between the parties on this subject.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Severability. If any provision is held unenforceable, the remaining provisions will remain in effect.
• No waiver. Our failure to enforce a right is not a waiver of that right.
• Force majeure. Neither party is liable for failures caused by events beyond its reasonable control.
• Notices. We may give notice by email to the address on your account or by posting in the dashboard. You may give notice by email to [email protected].
• Relationship. The parties are independent contractors. These Terms do not create a partnership, joint venture, or agency.

// 1919. Contact

• Email — [email protected]
• Mail — Kismet Career Paths LLC (d/b/a Alpha-Centauri-Cyberspace), [Company address to be added], South Carolina