Terms of Service

Effective Date: January 5, 2024
Welcome to use Kimi! These Terms of Service apply to your use of Kimi, along with any associated software applications and websites (hereinafter referred to as “Kimi” or “Services”). These Terms form an agreement (“this Agreement”) between you and Beijing Moonshot Technology Co., Ltd (hereinafter referred to as “we” or “us”), and it takes effect upon your confirmation of acceptance or upon the occurrence of your use of Services. Unless otherwise explicitly provided, any new functions, products added to our Services are unconditionally subject to this Agreement.

Use of Services

Registration. Before using our Services, you are required to register as a user and complete the real-name authentication.
User Eligibility. You shall possess the civil conduct capacity that is commensurate with your actions stipulated by the laws of your jurisdiction before you use our Services. If you do not possess the aforementioned capacity and still register as a user, you and your guardian shall bear all consequences as stipulated by law. You acknowledge that if you are a person without civil conduct capacity or with limited civil conduct capacity improperly registers as a user, the agreement between you and us is void from the beginning. Upon discovery, we are entitled to immediately cease Services to you or delete your account. Free Use. Notwithstanding that we provide you with free Services until now, you acknowledge and agree that this free use may be adjusted according to research progress. You promise not to hold us responsible for any adjustments to the rules or the expiration of free use.

Account

Account Registration. If there is evidence or if we, based on relevant rules, determines that you have improperly registered or used multiple accounts, we may take measures such as freezing, deleting the aforementioned accounts or refusing to provide Services, etc. If this causes loss to us or related parties, you shall also bear the liability for compensation.
Account Security. You agree that you are solely responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your password or account. Kimi will never actively ask for your account password at any time. Therefore, if your account is compromised due to your disclosure or as a result of being attacked, defrauded, or otherwise, we will not be liable for any losses or damage arising from your failure to comply with this paragraph.
Account Transfer. You may transfer your account only under the following conditions: there is a legal provision, a judicial ruling, or consent from us, and it complies with the user account transfer process stipulated by this Agreement. Once your account is transferred, the rights and obligations associated with that account are also transferred. Otherwise, your account may not be transferred in any way, or we retain the rights to pursue your breach of contract, and any resulting liabilities and consequences shall be borne by you.
Update and Maintenance. You shall promptly update the information you provide. In cases where the laws explicitly require us to verify certain user information, we will periodically check and verify your information in accordance with the law. You should cooperate by providing the most up-to-date, true, complete, and effective information. We may issue inquiries or requests for rectification and require you to re-certify until it suspends or terminates the provision of some or all of our Services to you. To the extent of the following circumstances, we are not liable:
  • If we cannot contact you based on the last information you provided;
  • If you do not provide the information in a timely manner as requested;
  • If the information you provide is obviously false or is verified as invalid by administrative or judicial authorities, you will bear all losses and adverse consequences caused to yourself, others, and us.

Your Rights and Obligations

Generated Content. You shall not to input or induce Kimi to generate any content as follows:
  • Inciting, resisting, or undermining the implementation of the Constitution and laws, administrative regulations;
  • Inciting subversion of state power, overthrowing the socialist system;
  • Inciting secession, undermining national unity;
  • Inciting ethnic hatred, ethnic discrimination, undermining national unity;
  • Any content containing discrimination based on race, gender, religion, region, etc.;
  • Fabricating or distorting facts, spreading rumors, disrupting social order;
  • Promoting feudal superstition, obscenity, pornography, gambling, violence, murder, terrorism, inciting crime;
  • Publicly insulting others or fabricating facts to defame others, or engaging in other malicious attacks;
  • Damaging the reputation of state organs;
  • Other content that violates social public interests or public morality or is not suitable for publication on Kimi as stipulated by this Agreement;
  • Other content that violates laws and regulations.
Service Misuse. You acknowledge that without the written consent of us and/or the relevant rights holders, (i)you have no authority to use Kimi and the content generated by Kimi in any commercial manner; (ii)you may not use our Services to develop products or services that compete with us. You likewise agree not to use our Services in the following ways:
  • In a manner that infringes upon the rights of any third party;
  • By reverse engineering any algorithms, source code, mechanisms, etc., of Kimi;
  • By engaging in any improper conduct or disrupt the normal order of our Services.
  • By deleting, altering, or concealing the deep synthesis service mark generated by Kimi in any way.
  • By using Kimi to develop, train, or improve algorithms, models, etc., that are in direct or indirect competition with us;
  • Using Kimi for any services that have specific requirements for the subject's qualifications, including but not limited to medical services, legal services, psychological counseling, infrastructure construction, etc.;
  • Other ways that may harm the interests of us.
Service for Third Party. You acknowledge that if you use Kimi to provide any services to any third parties, the corresponding rights, obligations, and responsibilities are borne by you, and we are not liable for any losses caused thereby. Overseas Use. When using Kimi overseas, you shall comply with all the laws, regulations, policies, restrictions, and supervision of foreign entities such as the United States, the European Union, and/or other jurisdictions.

Our Rights and Obligations

We are obliged to maintain the normal operation of the Services with the existing technology and strive to improve and enhance the technology to ensure your experience.
For issues and feedback related to the Services that you encounter when using the Services, we will respond promptly within the legal time limit.
For improper conduct by you on Kimi, or any situation that we deem should result in the termination of Services, we are entitled to take measures such as blocking related Content and terminating the Services, and will notify you and the relevant supervisors in a timely manner. If you have objections to our measures, you may provide relevant evidence for clarification. If it is verified that your conduct indeed violates these terms or is illegal or non-compliant, we have the right to terminate the Services to you.
You acknowledge and agree that we may use the Content for further development and training to continuously improve the quality of our Services. You fully understand and accept this use and do not claim rights against us or claim that we have infringed upon your rights due to this use.
We will make every effort and take necessary and reasonable measures to ensure the network security and stable operation of Kimi.

Ownership

Software. You acknowledge and agree that you may only use Kimi in a non-commercial, personal research, and study manner. Kimi and its programs, software, information, data, development documents, and related elements, components, etc., are protected by the laws and regulations of the People's Republic of China and the corresponding international treaties, and are owned by us and the relevant rights holders. Content. The copyright of any content you input into Kimi belongs to you, and if the author has a copyright declaration or the original work is reprinted from another website with an attached original copyright declaration, the ownership shall be determined according to the attached declaration. The ownership of the content generated based on Kimi is maintained by you, and you are responsible for its independent judgment and use. Any intellectual property issues arising from the use of content generated by Kimi are handled by you, and we are not responsible for any losses caused thereby. If you cause any loss to us, we have the right to recover from you.

Breach of Contract

If you conduct as follows, it is considered a breach of contract, and we are entitled to take corresponding actions, including but not limited to:
  • Inspect your registration data and service usage history, and if it finds or suspects there are issues, we will issue inquiries and/or correction notices to you. If you do not respond reasonably within a reasonable period, we may take measures such as blocking, deleting, or other restrictions on your registration data or product/service usage;
  • If a national legal document or administrative penalty decision confirms that you have committed illegal acts, or if we have sufficient factual basis to determine that you have committed illegal or service agreement violation acts, we are entitled to legally disclose your illegal acts on the website;
  • If you publish improper types of information, including but not limited to: (i) information that we have reason to believe contains fraudulent or malicious or false content; (ii) information that we have reason to believe disrupts the normal order of the platform; (iii) information that we have reason to believe violates public interests or may seriously harm the legitimate interests of us and other users; we are entitled to delete or take other restrictive measures without notifying you.

Termination

You have the right to terminate this Agreement by any of the following methods:
  • deleting your account; after you submit a delete application to us, and upon our review and agreement, we will delete your account, and you will be released from this Agreement.
  • explicitly refusing to continue using our Services.
  • ceasing to use and explicitly refusing to accept the changes before they take effect;
Under the following circumstances, we will terminate the Services provided to you:
  • When you violate this Agreement, we may terminate the Services based on Breach of Contract. we will notify you when terminating the Services. However, if you register again directly or indirectly in the name of another person after we terminates the Services, we are entitled to unilaterally terminate the Services to you again;
  • If we, through the information you provided, finds that the email address or phone number you filled in during registration no longer exists or cannot receive information, and you have not provided it within three working days after being notified by us to change it using other contact information you provided at registration, or if we cannot contact you based on the information you reserved at registration;
  • If we discover that the main content of your registration information is false;
  • When these terms are terminated or updated, and you explicitly refuse to accept the new service agreement;
  • If your Content infringes any intellectual property or other proprietary rights and interests of any party, or engage in other serious illegal or breach of contract on us;
  • In addition to the above circumstances, if we, based on these terms, seal your account due to your multiple violations of the terms and the circumstances are serious;
  • Other circumstances where we believe it is necessary to terminate the service.
After the termination of this Agreement, except as provided by law, we are not obliged to disclose any information in your account to you or a third party designated by you. After the termination of this Agreement, we still have the following rights:
  • To continue to store various types of information you have retained on Kimi, after anonymizing your user information;
  • To continue to hold you accountable for any past breaches of contract under this agreement.

Personal Information Protection

For non-personal information that you provide, publish, and form during the use of Kimi, the intellectual property rights, portrait rights, and other rights will not be transferred due to uploading, publishing, and other actions. Unless we state otherwise, within the scope allowed by law, you grant us and our affiliates a non-exclusive, unrestricted, perpetual, free license to use and re-license to third parties, as well as the right to take action against third-party infringements in their own name.

Data Charges

You are responsible for any mobile charges that you may incur for using our services. This includes data charges and charges for messaging, such as SMS, MMS, or other messaging protocols or technologies. If you are not sure what you may be charged, you should ask your mobile service provider before using our services.

Disclaimer of Warranty

Kimi is provided on an “AS IS” and “AS AVAILABLE” basis. We expressly disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non- infringement.
Due to the technical limitations, we make no warranty that:
  • Content generated by Kimi will meet your actual or specific needs or purposes;
  • Content generated by Kimi is accurate, reliable, functional, timely, safe, error-free, uninterrupted, stable, and free from any faults;
  • the accuracy, stability, and completeness of the code, programs, and the content they point to in Kimi.
Although the content generated by Kimi has been automatically filtered by artificial intelligence algorithms, it does not exclude the possibility that some information may be flawed, unreasonable, or cause user discomfort, and the content generated does not represent the team's attitude or views.

Limitation of Liability

We are not liable for the following reasons leading to contract performance obstacles, defects, delays, or changes in content:
  • Due to force majeure factors such as natural disasters, strikes, riots, wars, government actions, judicial administrative orders, etc.;
  • Due to routine or emergency equipment and system maintenance, equipment and system failures, network information and data security, and other factors.

Dispute Resolution

The conclusion, effectiveness, interpretation, revision, supplementation, termination, execution, and dispute resolution of this agreement shall be governed by the laws of the People's Republic of China, Mainland; in the absence of relevant legal provisions, commercial practices and/or industry practices shall be referred to.
If any provision of this Agreement is deemed to be invalid, ineffective, or unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of this Agreement.

Contact Us

If you have any questions about this Agreement when using Kimi, you can contact us by sending an email to [email protected] or through the feedback channel identified on our website.