Terms of Service for Kimi OpenPlatform
Last Update : April 30, 2025
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 OpePlatform 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 and accept to be bound by the terms of 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 do not transfer, lend, lease, or provide 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 for 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 the 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, and improve the services, comply with applicable law, enforce our terms and policies, and keep the services safe.
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:(a) Do not regard the output as the sole source of fact or absolutely factual information. You need to assess the accuracy of the content.(b) 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 performs 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 has 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.Trade
Price. You agree to pay all fees charged to your account based on the prices and terms listed on the pricing page, or as otherwise specified in an Order Form.We retain the right to adjust its prices at any time prior to accepting an order.Once an order has been accepted, we may still revise the quoted prices if any events beyond its control occur that affect delivery. These events include, but are not limited to, government actions, changes in customs duties, increased shipping charges, higher foreign exchange costs, or any other unforeseen circumstances.Any price changes made for legal reasons on the pricing page will take effect immediately. We reserve the right to correct any pricing errors or mistakes, even after an invoice has been issued or payment has been received.
Payment.Payments can be made using a valid card, including credit or debit cards, and are subject to validation checks and authorization by your card issuer. If we do not receive the necessary authorization from your card issuer, we will not be held liable for any delays or failures in delivering your order.Payments are nonrefundable except as provided in this Agreement.
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.
Refund.Refunds are only supported if the service termination is due to legal requirements or caused by us.Once you submit a refund request, we will conduct a manual review of your order. Then we will send you the results of this review or request further information via the email address you provided. Be sure to check your inbox, as well as your spam folder, to ensure you do not miss any important emails. Carefully follow the instructions outlined in the email. Failure to complete the required steps within the specified timeframe will result in the inability to process your refund.
6.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).
7.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: (a) the uninterrupted, error-free, or secure use of the services, (b) the correction of any defects, (c) the accuracy of content.
8.Limitation of liability
Except in cases of a party’s gross negligence or willful misconduct, or your violation of usage policies,to the fullest extent permitted by law, neither party, its affiliates, nor any licensor or supplier of us shall be liable under or in connection with this agreement for: (a) consequential, indirect, special, incidental, or punitive damages; (b) loss of profits, business, revenue, anticipated savings, or wasted expenditure; (c) loss, damage, or interruption to data, networks, information systems, reputation, or goodwill; or (d) costs of procuring substitute goods or services.
The maximum aggregate liability of us and our affiliates under this agreement, the software, and the service shall not exceed the amount actually paid by you to us in the last one month preceding the date of liability. These exclusions and limitations apply to the maximum extent permitted by law, regardless of whether a party was advised of the possibility of such losses or if any remedy in this agreement fails its essential purpose.
9.Indemnity
You shall independently bear all liabilities arising out of your violation of these terms or other activities causing damage relating to your use of the services and content from any claims or demands asserted by third parties. If we suffer any losses as a result, you shall indemify and hold harmless us and our personnel from and against any costs, losses, liabilities, and expenses (including but not limited to litigation costs, arbitration fees, attorney fees, notary fees, announcement fees, appraisal fees, travel expenses, investigation and evidence collection fees, compensation payments, liquidated damages, settlement costs, fines from administrative penalties).
10.Termination or Discontinuation of the services
Cancellation.You hold the right to 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 this 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 the needs of our operations, we reserve the right to decide on service settings and scope, and to suspend or discontinuate 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.
11.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.
12.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.
13.Contact Us
For feedback, appeal or complaint(especially copyright complaint) ,please contact us at [email protected].