Moonshot platform: Moonshot (Kimi) Platform model-use agreement
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Thank you for using Kimi OpenPlatform! The Terms of Service ( “the terms” | Thank you for using Kimi OpenPlatform! The Terms of Service ( “the terms” |
) constitute a legal agreement between Moonshot AI PTE. LTD. ( “we” or “Moonshot AI” ) and you ( “Customer” ) that governs the use of our APIs and other Services ( “the Services” ) by businesses and developers. The terms also reference and incorporate the “Kimi OpenPlatform Privacy Policy” and any additional guidelines or policies that we may provide in writing, and any ordering document signed by both you and us for the purchase of the Services (referred to as an “Order Form”). Together, these documents form the “ Agreement .” For more information on how we collect, use, and protect your personal information, you can read Kimi OpenPlatform Privacy Policy . By using the Services in any manner, especially placing an order, you agree that you have clearly read, understood the terms and agree to be bound by the terms of this Agreement. You further represent that you have the legal capacity to enter into contracts. If you are entering into the terms on behalf of an entity, you also represent that you have the legal authority to bind that entity. 1.Services We provide you with a non-exclusive license to access and utilize the Services for the duration of the term. This license allows you to use Moonshot AI’s application programming interfaces ( “APIs” ) to integrate the Services into your own applications, products, or Services (each referred to as a “Customer Application” ) and to offer those Customer Applications to End Users . The term “Services” encompasses any Services for businesses and developers that we make available for purchase or use, as well as any associated software, tools, developer Services, documentation, and websites, but does not include any Third Party Offerings.We possess all rights, titles, and interests in the Services. You are granted only the rights to use the Services as specifically provided in this Agreement. You must provide accurate and up-to-date account information. You are fully responsible for all activities under your account, including the activities of any End User or anyone else. You must not share your account credentials or make your account accessible to others,including not transferring, lending, leasing, or providing it to anyone for use in any form without authorization. If any loss occurs due to your failure to properly manage and safeguard the account, such as the account being stolen or used illegally, you will be held responsible for such loss. You must promptly notify us if you become aware of any unauthorized access to or use of your account or the Services. 2.Who can use the Services To use the Services as an individual, you must be at least 18 years old or the minimum age required by your country to consent to such use. If the account is used for enterprise, you must ensure that you have authorization from the business. In addition, you should not be the subject of any trade restrictions, sanctions, or other legal or regulatory restrictions imposed by any country, international organization, or region. 3.Usage policies In using the Services, you must comply with all applicable laws as well as our documentation, guidelines, or policies we make available to you. For example, you will not, and will not permit End Users to: 3.1 Use the Services for any illegal or improper purposes or activities that violate applicable laws and regulations, harm the legitimate rights or interests of us or anyone, including: (1) For purposes that may have a harmful impact on physical or spiritual health or that violate ethical principles. (2) For promoting or engaging in any illegal activity, including terrorism, the exploitation or harm of children and the development or distribution of illegal substances, goods, or Services. (3) For engaging in activities that infringe upon intellectual property rights, unfair competitive practices like violations of trade secrets and business ethics. (4) For fraudulent, deceptive, or misleading activities. (5) To spam, bully, harass, defame, sexualize children, or promote violence, hatred or the suffering of others. (6) For compromising the privacy of others. (7) For any other uses prohibited or restricted by applicable laws and regulations, or that may harm legitimate interests of us or any other. 3.2 Engage in the following activities that endanger network security, operational security or create risks of the Services: (1) Engaging in activities that endanger network security, such as unauthorized access to networks, interference with normal network functions, or theft of network data. (2) Providing programs or tools specifically designed for engaging in activities that endanger network security, such as network intrusion, interference with normal network functions and protective measures, or theft of network data. (3) Helping endanger network security with technical support, advertising promotion, payment settlement, or other assistance. (4) Reverse engineering, decompiling, disassembling, translating, or otherwise attempting to discover the source code, models, algorithms, or underlying components of this Services’ system. (5) For developing, serving, or creating applications, products, Services, or models that have potential competitive possibilities with the Services without authorization. (6) Copying, transferring, renting, lending, selling, or providing sub-licensing or re-licensing of the Services in whole or in part without authorization. (7) Other activities that endanger network security, the operational security or create risks of the Services. 3.3 Maliciously harm or circumvent our safeguard for information and risk prevention of the Services in the following ways: (1) Using variants, random characters, homophones, or other means to evade safety detection and input or generate illegal statements. (2) Launching malicious attacks, disseminating computer virus or inducing the Services. (3) Deleting, altering, or concealing the identification marks of artificially generated content that we have labeled, including both explicit and implicit. (4) Other behaviors that maliciously harm our management for information security and risk prevention of the Services. 3.4 Use the Services to: (1) Use subliminal, manipulative, or deceptive techniques that distort a person’s behavior so that they are unable to make informed decisions in a way that is likely to cause harm. (2) Exploit any vulnerabilities related to age, disability, or socio-economic circumstances to distort and harm. (3) Evaluate or classify individuals based on their social behavior or personal traits leading to detrimental or unfavorable treatment. (4) Assess or predict the risk of an individual committing a criminal offense based solely on their personal traits or on profiling. (5) Infer an individual’s emotions in the workplace and educational settings, except when necessary for medical or safety reasons. (6) Conduct real-time remote biometric identification in public spaces for law enforcement purposes. (7) Create or expand facial recognition databases without consent. (8) Send us any personal information of children under 14 or the applicable age of digital consent or allow minors to use the Services without consent from their parent or guardian. (9) Use any method to extract data from the Services other than as permitted through the APIs; or buy, sell, or transfer API keys from, to or with a third party. If you use the Services to process personal data, you are required to provide legally adequate privacy notices and obtain all necessary consents for the processing of personal data by the Services, and process personal data in compliance with all applicable laws. You commit to not utilizing the Services for the creation, reception, maintenance, transmission, or any other processing of information that encompasses or qualifies as “Protected Health Information” as delineated by the HIPAA Privacy Rule. You acknowledge and agree that in the event of your violation of this agreement or applicable laws and regulations, we have the right to independently determine, including making a comprehensive judgment based on your personal information, behavioral data, and other interactive relationships. Without prior notice, we may take measures against you, including but not limited to warning, asking for rectification, restricting account functions, suspending use, freezing and confiscating the recharged amount, closing accounts, prohibiting re-registration, and deleting content. We have the right to announce the results of such actions and may decide whether to restore the use based on the actual circumstances. 4.Content You and End Users may submit prompts, texts, audios or other content or materials ( “input” ) to the Services and the Services generate corresponding content as a response ( “output” ). Both input and output are collectively referred to as “content”. You represent and warrant that you own or have the necessary license, authorization or clearance to submit your input to the Services.You are solely responsible for content and we do not claim ownership of it. Due to technical limitations, we cannot guarantee that the content of other customers will be entirely different from yours, and it is possible that there may be similarities in the output. We may use Content to provide, maintain, develop, support, and improve the Services, comply with applicable law, enforce our terms and policies, and keep the Services safe and secure. Customer who requires restrictions on the use of Customer Content for training or improving Moonshot AI models may contact Moonshot AI to discuss available enterprise arrangements or separate written agreements. Unless otherwise expressly agreed in writing, Customer Content may be used for the foregoing purposes. Given the uncertainty and probabilistic nature of machine learning, we cannot guarantee the accuracy of output. Additionally, our output may not be able to exhaustively satisfy your desire. Therefore, please note the following when using the Services: (1) Do not regard the output as the sole source of fact or absolutely factual information. You need to assess the accuracy of the content.(2) The output should not be a substitute for professional advice in fields such as medical, legal, financial, and educational. (3) You must not use any output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them. (4) The output does not represent the views of Moonshot AI. If the output mentions any third-party products or Services, it does not imply that the third party endorses the content or is affiliated with Moonshot AI. | |
While we perform regular backups of Content, it does not guarantee that there will be no loss or corruption of data. Corrupt or invalid backup points may arise due to various factors, including but not limited to content that is already corrupted before the backup process begins or that changes during the backup operation.We will provide support and endeavor to troubleshoot any known or discovered issues that may impact the backups of content. However, you acknowledge that we have no liability related to the integrity of the content or the failure to successfully restore the content to a usable state.You agree to maintain a complete and accurate copy of any content in a location that is independent of the service. 5.Fees and Payment | While we perform regular backups of Content, it does not guarantee that there will be no loss or corruption of data. Corrupt or invalid backup points may arise due to various factors, including but not limited to content that is already corrupted before the backup process begins or that changes during the backup operation.We will provide support and endeavor to troubleshoot any known or discovered issues that may impact the backups of content. However, you acknowledge that we have no liability related to the integrity of the content or the failure to successfully restore the content to a usable state.You agree to maintain a complete and accurate copy of any content in a location that is independent of the service. 5.Fees and Payment |
| 5.1 | |
Payment Obligation. | 5.1 Payment Obligation. |
Customer agrees to pay all fees applicable to its use of the Services in accordance with the pricing set forth on the pricing page or in an applicable Order Form. Unless otherwise specified, all fees are due and payable using the payment method selected by Customer. Payment Authorization. By providing a payment method (such as a credit or debit card), Customer authorizes Moonshot AI and its payment processors to charge such payment method on a recurring and/or usage-based basis for all fees incurred in connection with the Services. | Customer agrees to pay all fees applicable to its use of the Services in accordance with the pricing set forth on the pricing page or in an applicable Order Form. Unless otherwise specified, all fees are due and payable using the payment method selected by Customer. Payment Authorization. By providing a payment method (such as a credit or debit card), Customer authorizes Moonshot AI and its payment processors to charge such payment method on a recurring and/or usage-based basis for all fees incurred in connection with the Services. |
Billing and Auto-Charge. | |
Customer agrees that Moonshot AI may automatically charge the designated payment method for applicable fees, including usage-based charges, subscription fees (if any), and applicable taxes, as such fees become due. Customer acknowledges that usage-based charges may vary depending on actual use of the Services. Failure of Payment. If a charge is declined or fails for any reason, Moonshot AI may retry the charge, suspend access to the Services, or require Customer to provide an alternative payment method. | Customer agrees that Moonshot AI may automatically charge the designated payment method for applicable fees, including usage-based charges, subscription fees (if any), and applicable taxes, as such fees become due. Customer acknowledges that usage-based charges may vary depending on actual use of the Services. Failure of Payment. If a charge is declined or fails for any reason, Moonshot AI may retry the charge, suspend access to the Services, or require Customer to provide an alternative payment method. |
5.2 | |
Payment Method Management. Customer is responsible for maintaining accurate and up-to-date payment information. Customer may update or remove its payment method at any time through its account settings, subject to any outstanding payment obligations. Pricing Changes. | Payment Method Management. Customer is responsible for maintaining accurate and up-to-date payment information. Customer may update or remove its payment method at any time through its account settings, subject to any outstanding payment obligations. Pricing Changes. |
Moonshot AI may update pricing from time to time. Any updated pricing will apply to Customer’s use of the Services after the effective date of such change. For Customer subject to an Order Form, pricing shall remain as set forth in the applicable Order Form for its term, unless otherwise agreed in writing. Promotions. We may offer you promotions through means such as gifting recharge amounts, issuing vouchers, or providing trial Services. We reserve the right to decide whether to continue offering or to discontinue these Services. When using these Services, you should be aware of this characteristic to avoid any inconvenience caused by the discontinuation of such Services. The amounts associated with free Services are non-withdrawable, non-transferable, and non-invoiceable. Taxes. Fees are exclusive of applicable taxes. Customer is responsible for any taxes associated with its use of the Services, excluding taxes based on Moonshot AI’s net income. Refunds. | |
Except as otherwise provided in this Agreement or required by applicable law, fees are non-refundable. Refunds may be issued where required by law or where Moonshot AI determines, in its reasonable discretion, that a refund is appropriate, including where Services are terminated due to legal requirements or material failure of the Services attributable to Moonshot AI. Customer may submit refund requests in accordance with the procedures made available by Moonshot AI from time to time. Moonshot AI will review such requests in good faith. Billing Disputes. Customer must notify Moonshot AI in writing of any good faith dispute of fees within thirty (30) days after the applicable charge, or such charge will be deemed accepted. | Except as otherwise provided in this Agreement or required by applicable law, fees are non-refundable. Refunds may be issued where required by law or where Moonshot AI determines, in its reasonable discretion, that a refund is appropriate, including where Services are terminated due to legal requirements or material failure of the Services attributable to Moonshot AI. Customer may submit refund requests in accordance with the procedures made available by Moonshot AI from time to time. Moonshot AI will review such requests in good faith. Billing Disputes. Customer must notify Moonshot AI in writing of any good faith dispute of fees within thirty (30) days after the applicable charge, or such charge will be deemed accepted. |
| 5.3 | |
5.3 Account Responsibility and Authorized Persons. The Enterprise User (the “User”) shall be responsible for all acts conducted under its User Account (including but not limited to signing agreements online by clicking “Agree,” checking boxes, or submitting information, as well as browsing, uploading, or inputting any content). All operations performed through the User Account are deemed duly authorized by the User and represent the User’s true intent, and are legally binding upon the User. Any person who logs into the Platform using the User Account and password and performs operations is deemed to have been fully authorized by the User (the “Authorized Person”). The Authorized Person shall have the authority to handle, on behalf of the User, matters including but not limited to the following: (1) sign, acknowledge and accept agreements, orders, confirmation letters and other legal documents relating to the Service; (2) purchase, activate, renew, upgrade or modify the Service and pay the corresponding fees on behalf of the User; (3) apply for, acknowledge and receive invoices; (4) confirm the delivery, acceptance, deployment, activation and usage of the Products or Services; and (5) handle other matters relating to the User’s use of the Service. The Authorized Person may use WeChat Pay, Alipay, bank cards, credit cards or other lawful payment accounts held in the name of the Authorized Person or a third party to perform payment obligations on behalf of the User. All such payments are deemed made on behalf of the User and do not alter the User’s status as the contracting party and payment obligor, nor do they create any independent contractual relationship between the payer of such payment (the “Payer”) and us. The User acknowledges and agrees that all amounts paid by the Authorized Person or other Payer on behalf of the User shall be applied to satisfy the User’s payment obligations under the relevant agreements and orders. Except where a refund is required by law due to our breach, or where this Agreement cannot be performed due to Force Majeure, the User shall not, on the grounds that the payment account is not the User’s own account, that the Payer is the User’s employee, affiliate, legal representative, shareholder, actual controller or other third party, or that there exists any internal dispute, authorization dispute, labor dispute, termination of entrustment or agency relationship or any other reason between the Payer and the User, claim the invalidity of the payment, demand rescission of the transaction, refuse to perform contractual obligations, or require us to refund the paid amounts to the Payer or any other third party. If we have reasonable grounds to believe that a payment is abnormal, or suspected unauthorized use of a payment account/card, impersonation, fraud, money laundering, commercial bribery or other risks of illegality or regulatory non-compliance, or if the User, Authorized Person or Payer fails to provide the authorization relationship, payment basis or other reasonable supporting materials as required by us, we may suspend the provision of Products or Services, refuse to accept the payment, suspend delivery, require a change of payment method, or terminate the relevant transaction. The User shall bear all liabilities arising therefrom. The User shall ensure that the payment activities of the Authorized Person and the Payer comply with applicable laws and regulations and do not involve money laundering, terrorist financing, commercial bribery, fraud, tax evasion or other illegal or criminal activities. If the payment activities of the User, Authorized Person or Payer violate laws or regulations, or if any third-party claim, administrative investigation, judicial proceeding or other dispute arises due to the payment authorization, source of funds, payment method or any other reason, causing us to suffer any losses, liabilities or expenses (including but not limited to attorneys’ fees, litigation costs, arbitration costs, investigation costs and compensation to third parties), the User shall indemnify and hold us harmless against all such losses, liabilities and expenses. Special Notice. The User acknowledges that it is solely responsible for managing and regulating the authority of its employees, management personnel, agents and other persons authorized to use the Account. Any payment, purchase, renewal, upgrade, service activation or other act by the Authorized Person is deemed an act of the User, and the User shall bear all legal consequences arising therefrom. The User may not assert against us any internal management reasons, including but not limited to incomplete internal approval procedures, absence of authorization documents, employee resignation, or acting beyond the scope of authority. | |
6.Confidential Information Each party (“Discloser”) may disclose confidential or proprietary information to the other party (“Recipient”) in connection with the Services, including technical, business, financial, and other non-public information that is identified as confidential or that reasonably should be understood to be confidential under the circumstances (“Confidential Information”). Customer Content shall be deemed Customer’s Confidential Information. | 6.Confidential Information Each party (“Discloser”) may disclose confidential or proprietary information to the other party (“Recipient”) in connection with the Services, including technical, business, financial, and other non-public information that is identified as confidential or that reasonably should be understood to be confidential under the circumstances (“Confidential Information”). Customer Content shall be deemed Customer’s Confidential Information. |
Protection of Confidential Information. The Recipient shall use the Confidential Information of the Discloser only as necessary to exercise its rights and perform its obligations under this Agreement. Recipient shall not disclose Confidential Information to any third party except to its employees, contractors, affiliates, and professional advisors who have a need to know such information and who are bound by confidentiality obligations at least as protective as those set forth herein. Recipient shall protect Confidential Information using at least reasonable care. Exclusions. Confidential Information does not include information that: (1) is or becomes publicly available through no fault of Recipient; (2) was lawfully known to Recipient without restriction before disclosure; (3) is lawfully received from a third party without restriction; or (4) is independently developed without the use of Confidential Information. Required Disclosure. Recipient may disclose Confidential Information to the extent required by applicable law, regulation, or court order, provided that, where legally permitted, Recipient gives reasonable prior notice to the Discloser and reasonably cooperates with efforts to limit the disclosure. 7.Intellectual Property Except for the relevant right holders who are entitled to rights in accordance with the law, Moonshot AI owns all rights (including but not limited to copyright, trademark rights, patent rights, and other intellectual property rights and additional rights) within the scope permitted by applicable laws and regulations with respect to the Services (including but not limited to software, technology, programs, code, models, user interfaces, web pages, text, charts, layout designs, trademarks, and electronic documents). 8.Warranties and Disclaimer We warranty that, during the term of this Agreement, the Services will substantially comply with the documentation we provide to you or make publicly available, when used in accordance with this Agreement. Apart from the warranties explicitly stated above, the Services are provided on an “as-is” basis. We, along with our affiliates and licensors, hereby disavow any and all other warranties, whether expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and quiet enjoyment, as well as any warranties that may arise from the course of dealing or trade usage. Irrespective of any contrary statements, we do not make any representations or warranties regarding: (1) the uninterrupted, error-free, or secure use of the Services, (2) the correction of any defects, (3) the accuracy of content. 9.Limitation of liability To the fullest extent permitted by law, neither party, its affiliates, licensors, or suppliers shall be liable under or in connection with this Agreement for any consequential, indirect, special, incidental, exemplary, or punitive damages, including loss of profits, business, revenue, goodwill, anticipated savings, or data, even if advised of the possibility of such damages. To the fullest extent permitted by law, the maximum aggregate liability of Moonshot AI and its affiliates arising out of or relating to the Services or this Agreement shall not exceed the total amount paid by Customer to Moonshot AI for the Services during the twelve (12) months preceding the event giving rise to the claim. The foregoing exclusions and limitations shall not apply to: (1) a party’s gross negligence or willful misconduct; (2) Customer’s payment obligations; (3) either party’s indemnification obligations; (4) breach of confidentiality obligations; or (5) violations of applicable data protection or privacy laws. 10.Indemnity You shall be responsible for and shall defend, indemnify, and hold harmless Moonshot AI and its affiliates, personnel, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (1) your or your End Users’ use of the Services in violation of this Agreement or applicable law; (2) your Inputs or Customer Content, including where you do not have sufficient rights, consents, or permissions to provide such Inputs or Customer Content, or where such Inputs or Customer Content infringe or violate the rights of any third party; or (3) your combination, modification, or use of the Services or Outputs in a manner not authorized under this Agreement. Notwithstanding the foregoing, you shall not be responsible to the extent that any such claim or loss is finally determined to have been caused by Moonshot AI’s material breach of this Agreement, gross negligence, or willful misconduct. 11.Termination or Discontinuation of the Services Cancellation. Customer may terminate the Services at any time by deleting your account.You may apply to delete your account by contacting us via our designated email address. Before you proceed with account cancellation, please be mindful of the balance in your account. Once your account is canceled, your account information, data, APIs, and any remaining balance will be permanently deleted. Even if you register again using the same entity, these items will not be restored. Therefore, please make your decision with caution. It will take us some time to review your cancellation request. When we receive your request to cancel your account, we may suspend the use of your account. If you wish to withdraw your cancellation request during the review period, please contact us promptly.During the cancellation process, if there is still a balance in your account that has not been used, we will send you a reminder to clear the balance. If you agree to proceed with the cancellation, we will continue with the cancellation process. If you do not explicitly agree, your account will not be cancelled for the time being. If you violate applicable laws and regulations, breaches these terms, or infringes upon the legitimate rights and interests of the public, us, or any third party, we may terminate the Services depending on the circumstances. For operational reasons, we reserve the right to decide on service settings and scope, and to suspend or discontinue the Services based on specific situations. After your service is terminated, we will delete your content and data in accordance with the requirements of applicable laws and regulations. 12.Governing Law and Dispute Resolution YOU AND US AGREE TO THE FOLLOWING PROVISIONS: The establishment, effectiveness, interpretation, revision, supplementation, termination, enforcement, and dispute resolution of these terms shall all be governed by the laws of Singapore. In the event of any dispute arising out of these terms, both you and us shall endeavor to resolve the dispute through amicable consultations. Engaging in this informal dispute resolution process is a requirement that must be completed before filing any legal action. If no resolution is reached through consultation in 60 days. Any dispute arising out of or in connection with these terms, including any question regarding existence, validity or termination of these terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The language of arbitration shall be English. YOU ACKNOWLEDGE AND AGREE THAT ANY LEGAL PROCEEDING OR ACTION RELATED TO THESE TERMS MUST BE INITIATED WITHIN ONE YEAR FROM THE DATE OF THE EVENT OR FACTS THAT GIVE RISE TO THE DISPUTE. FAILURE TO DO SO WILL RESULT IN A PERMANENT WAIVER OF YOUR RIGHT TO PURSUE ANY CLAIM OR CAUSE OF ACTION, REGARDLESS OF ITS NATURE OR TYPE, BASED ON SUCH EVENTS OR FACTS. 13.Miscellaneous Changes to the Agreement. We may update the Agreement from time to time as required. When we do, we will publish an updated version and effective date on the page, or by providing any other notice required by applicable law. We recommend that you review the updated agreements or terms each time you access the Services. Assignment. Customer may not assign, transfer, or delegate any of its rights or obligations under this Agreement without Moonshot AI’s prior written consent, except to an affiliate or in connection with a merger, acquisition, or sale of substantially all of its assets, provided that the assignee agrees in writing to be bound by this Agreement. Moonshot AI may assign or transfer this Agreement to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets, upon notice to Customer.Any attempted assignment in violation of this section shall be null and void. Export and Sanctions. Customer may not use, export, re-export, transfer, or provide access to the Services in violation of any applicable export control or sanctions laws or regulations, including those of the United States, Singapore, the European Union, and other applicable jurisdictions. Without limiting the foregoing, Customer may not use or provide access to the Services (1) in or to any country or region subject to comprehensive sanctions, or where such use would require an export license that has not been obtained, or (2) to any person or entity listed on any government restricted or denied party list. 14.Contact Us For feedback, appeal or complaint(especially copyright complaint) ,please contact us at [email protected] . Was this page helpful? Yes No ⌘ I | |