k-ID Terms of Service
These Terms of Service ("Terms") form a binding agreement between you and Kidentify Pte. Ltd. ("we", "us", "our", “k-ID”) governing your access to and use of the product known as Kai, including its website, database, interfaces, APIs and related services. (together, the "Service" or “Kai”). Please read this Agreement carefully before you start using the Service. It is important that you read and understand this Agreement. By using the Service you indicate that you have read, understood, agreed and accepted the Agreement. If you do not accept this Agreement, or if you do not agree with any of its provisions, you may not access or use the Service.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION AND REPRESENTATIVE-TYPE ACTION WAIVER IN SECTIONS 12A BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES SPECIFICALLY DESCRIBED IN THOSE SECTIONS, YOU AND US AGREE TO RESOLVE DISPUTES BY BINDING, INDIVIDUAL ARBITRATION. ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND US FURTHER WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE OR REPRESENTATIVE-TYPE ARBITRATION OR TO PURSUE QUI TAM-TYPE CLAIMS OR CLAIMS IN A CLASS, GROUP OR REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL OR AS A THIRD PARTY. YOU HAVE A TIME-LIMITED RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT, AS EXPLAINED IN SECTIONS 12A BELOW.
1. Acceptance and definitions
1.1 These Terms govern your use of Kai, a Service provided by Kidentify Pte. Ltd. By connecting to, calling or otherwise using Kai, you ("you", the "Developer") agree to these Terms. If you use Kai for an organisation, you confirm you can bind it. We also draw your attention to the definitions of certain terms used throughout this Terms.
- Database — k-ID's proprietary compliance database, including its content, structure, schema, taxonomy, metadata, selection and arrangement.
- Query — a request that is directly, indirectly or otherwise sent to the Database through Kai.
- Response — the information that is returned to a Query.
- Your Application — the model, workflow, AI agent or product you build that uses Kai, including its decision-making logic
1.2 You must be at least 18 years old, or the age of legal majority where you live (whichever is higher), to use the Service. Any unauthorised access to Kai is strictly prohibited and we will not be responsible for any loss, damage or harm incurred by yourself as a result of any unauthorised usage of the Service. By accessing the Service, you confirm that you have either reached the age of majority or legal age in the applicable jurisdiction (at least you are older than eighteen (18) years of age for most jurisdictions), and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
1.3 You may not use the Service if you are barred from doing so under applicable law, which includes but is not limited to sanctions and export-control laws.
2. Changes to this Agreement
We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We may update this Agreement at any time, and we'll try to let you know by posting the changes. Please review the Agreement regularly. If you keep using the Service after we make changes, it means you accept them. We may also change or stop offering parts of the Service at any time without notice.
3. The Services
3.1 The Service is a console and SDK for age- and jurisdiction-adaptive access and consent.
3.2 When using the Service, you acknowledge that:
- No access to the Database. You receive no access to, view of, or copy of the Database itself.
- Query, not integration. The Database is not delivered, embedded, bundled or integrated into Your Application or any build of it.
- Limited Licence. Subject to these Terms and any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Services and to use Responses within Your Application during your subscription term.
- Changes. We may update the Services, Database, rate limits and Response formats at any time. We will give reasonable notice of material changes where practical.
3.3 We supply the content; you build and own the logic that acts on it. By using the Service, you agree that:
- You alone design, configure and control Your Application, including its prompts, models, rules, thresholds and any decision it makes or recommends.
- Responses are informational inputs. They are not legal advice and are not a decision, determination or certification by k-ID.
- You are solely responsible for every outcome of Your Application, for validating Responses against your use case, and for any human review your use case requires.
- You are responsible for Your Application's compliance with all laws that apply to it and to your end users.
4. Accounts and Security
4.1 You must provide accurate registration information and keep it up to date.
4.2 You are responsible for all activity under your account, including the actions taken by any artificial intelligence under your instruction.
4.3 Accounts are personal. You may not share, resell or transfer your account to another person, or out of the organisation your account is registered under.
5. Usage, Billing and Payment
Usage of the Services may incur monetary charges.
5.1 Billing. Your Application shall have the first 10,000 monthly users free-of-charge. Each subsequent User shall be chargeable at a rate of USD 0.02/ User per month, billed monthly in arrears via recurring credit card payments through our payment partner, Stripe Inc.
For more info on how Stripe manages and processes your payment(s), please refer to https://stripe.com/gb/legal/consumer.
5.2 Definition of User. "User" as used in Clause 5.1 above means any end user of your application, product or service that uses or includes the Services. It does not include you, your personnel, or any user of k-ID’'s own products or services.
5.3 Rate changes. We may change chargeable rates with at least seven (7) days’ notice to you.
5.4 Refunds. Payments made for the provision of the Services are non-cancelable, non-transferable, non-refundable, and not subject to acceptance except as required by applicable law (see Section 5.3). Notwithstanding the foregoing, in the event of a refund, we reserve the right to reverse the corresponding value refunded accordingly.
5.5 Complimentary Usage. Any permitted usage that is provided on a complimentary basis may be used only for the tools, volumes, accounts and purposes k-ID specifies when granting it. It cannot be reallocated, pooled, combined with other offers, or applied to any other product, plan or account. The permitted usage is valid only for the period k-ID states when granting it. That period cannot be extended, paused, carried over, renewed or reinstated. Any such permitted usage that is unused expires automatically at the end of the period, without notice or compensation.
5.6 Taxes. Prices reflected exclude applicable taxes such as GST, VAT or sales tax. Where taxes apply and are payable, they will be added at checkout and/or reflected in your invoice.
5.7 Statutory rights. Nothing in these Terms limits any refund or cancellation rights you have under applicable consumer-protection law.
5.8 Chargebacks & Refunds. If you dispute a charge with your bank or card issuer, or trigger a refund without prior notice to us, we reserve the right to temporarily suspend the whole or a part of the Services, including but not limited to the temporary stoppage of any usage of the Services in dispute during the period pending resolution.
6. Prohibited Use
Your use of the Service is subject to our Acceptable Use Policy set out in Annex I below, which is incorporated by reference into these Terms of Service. You must not, and must not allow anyone else to:
6.1 Extract — scrape, crawl, harvest or systematically query the Service to obtain all or a substantial part of the Database, including by many small or automated Queries over time.
6.2 Reconstitute — combine, aggregate or derive Responses to recreate, mirror or approximate the Database, its structure or schema, or any substitute dataset.
6.3 Train — use Responses to train, fine-tune, distill or evaluate any AI model, embedding store or knowledge base, other than transient in-context use for a single decision.
6.4 Redistribute — sell, sublicense, publish, share or expose Responses or Kai access to any third party, or offer a service whose main value is reselling Database content.
6.5 Circumvent — bypass rate limits, authentication or usage controls, share credentials, or reverse engineer the Service or the Database.
6.6 Compete — use the Service or Responses to build or improve a product that competes with the Database or Kai.
6.7 Misuse — use the Service unlawfully, to harm others, or in a way that disrupts the service.
7. Ownership, credentials and enforcement
7.1 Our IP. k-ID owns all rights in the Services, the Database and Responses. Nothing in these Terms transfers ownership to you. All rights not expressly granted are reserved.
7.2 Your IP. You own Your Application and its decision logic, excluding any Database content within it (if any).
7.3 Credentials. API keys are confidential and tied to your account. You are responsible for all activity under them.
7.4 Monitoring. We may log and analyse Queries and usage patterns to operate Kai, enforce these Terms and detect extraction.
7.5 Suspension. We may throttle, suspend or revoke access immediately, without liability, if we reasonably suspect a breach of any of the terms here or a security risk.
7.6 Feedback. We may use any feedback you give us without obligation to you.
8. Your Content and Personal Data
8.1 Your Inputs. You retain ownership of inputs and any files included in or forms part of your Query ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free licence to host, process, transmit and display Your Content for the purposes of providing the Services
8.2 How we use Your Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, process, transmit and display Your Content solely to:
- provide, secure and support the Service, including through our AI providers;
- carry out internal analytics and reporting; and
- maintain and improve the Service.
8.3 Model training. We do not use Your Content to train or fine-tune AI models.
8.4 Your responsibilities. You confirm you have the lawful rights needed to submit any input when using the Services and that it does not breach any applicable data privacy laws.
8.5 Personal data. You may use the Service to process information about its own end users, including children, to provide age-aware experiences. In that context, you are responsible for your own privacy notices, legal basis, consent, and compliance obligations. As for your (not your User’s) personal data, if any, it shall be processed as outlined in accordance with our Privacy Policy, which explains how we collect, use, and share your information when you use our Services.
9. Suspension and Termination
9.1 By you. You may close your account at any time. Unused value at the time of account closure shall be forfeited and there shall be no refunds of unused value, if any.
9.2 By us. We may suspend or terminate your access at any time, with notice where reasonable, if you breach these Terms, fail to pay, create security or legal risk, or if we discontinue the Service.
9.3 Effect on Subscription. If you close your account, or we terminate for your breach, the unused value of the Services are forfeited without refund, except where applicable law requires otherwise.
9.4 Survival. Sections 5, 7, 9, 10, 11, 12 and 12A, and any accrued payment obligations, survive termination.
10. Limitation of Liability
LIMITATION OF LIABILITY. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR DAMAGES OF ANY TYPE WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE. WE SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR ANY USE OF THE SERVICE AND/OR ANY USER CONTENT IS AT YOUR SOLE RISK. YOU ASSUME YOUR FULL RESPONSIBILITY ARISING OUT OF YOUR USE OF THE SERVICE AND/OR FURTHER SHARING AND DISTRIBUTION OF ANY USER CONTENT.
11. Disclaimers and Indemnity
11.1 Disclaimer. To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement.
11.2 By using the Services, you acknowledge and agree that although the Services may be designed to assist you with certain compliance obligations, you nonetheless remain solely responsible for you and your Application’s regulatory and compliance obligations. You further acknowledge that you ultimately have final discretion on how the Services are used and that k-ID is a technology provider only. Using the Services does not mean that you will meet or comply with any legal, regulatory, or other requirements. Those outcomes are outside of k-ID’s control.
11.3 Exclusion of indirect loss. To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or goodwill, arising from your use of the Service or reliance on outputs.
11.4 Exceptions. Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, such as liability for fraud or for death or personal injury caused by negligence.
11.5 Indemnity. You will indemnify us against third-party claims arising from your content, your breach of these Terms, or your use of the Services insofar as permissible under applicable law.
12. Changes, Governing Law and General Terms
12.1 Governing Law. These Terms are governed by the laws of Singapore, without regard to conflict-of-law rules.
12.2 Disputes. Before starting formal proceedings, you agree to contact us through the channel in Section 12.4 and try to resolve the dispute informally for 30 days. Subject to Clause 12A, any dispute arising out of or in connection with these Terms or the Service, including any question about their existence, validity or termination, is subject to the exclusive jurisdiction of the courts of Singapore. This does not remove any mandatory right you have to bring a claim in your local courts.
12.3 General. These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.
12.4 Contact. We reserve the right to respond to user support requests. If you want to submit a support request or have any questions about this Agreement or the Service, please contact us via mailto:kai@k-id.com.
THIS SECTION APPLIES TO ALL CONSUMERS AND PERSONS WHO ARE RESIDENTS OF THE UNITED STATES OF AMERICA.
12A. United States Users: Governing Law, Arbitration andClass Action Waiver
PLEASE READ THIS CLAUSE CAREFULLY. IT REQUIRES UNITED STATES USERS TO RESOLVE DISPUTES WITH US THROUGH INDIVIDUAL ARBITRATION, WAIVES THE RIGHT TO A JURY TRIAL, AND PREVENTS YOU FROM BRINGING OR JOINING A CLASS ACTION.
12A.1 Application. This Clause 12A applies only if you reside in, or your organisation is based in, the United States. For those users, this Clause 12A applies in place of Sections 12.1 and 12.2. All other parts of Clause 12 continue to apply.
12A.2 Governing law. This Clause 12A is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"). Otherwise, these Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules.
12A.3 Informal resolution first. Before starting arbitration, the party raising a dispute must send the other a written notice describing the claim and the relief sought, to legalnotices@k-id.com for us or the email on your account for you. The parties will negotiate in good faith for 30 days, including an individual video or phone conference if either party requests one. Limitation periods are paused during this process. Neither party may start arbitration until it is complete.
12A.4 Agreement to arbitrate. Except as set out in Section 12A.5, any dispute, claim or controversy arising out of or relating to these Terms, the Service, outstanding value, any Subscription or any Output (each a "Dispute") will be resolved exclusively by final and binding individual arbitration. This includes Disputes about the scope, validity, enforceability or arbitrability of this Clause 12A, which the arbitrator will decide, except as provided in Section 12A.7.
12A.5 Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies and stays there, and (b) seek an injunction in court to stop actual or threatened infringement or misuse of its intellectual property, or breach of Section 6 (Prohibited Use).
12A.6 Arbitration rules and procedure. Arbitration under this clause 12A will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, or its Commercial Arbitration Rules if you use the Service for business purposes, as modified by this Clause 12A. Rules are available at www.adr.org. A single arbitrator will preside. Hearings may be held by video, by phone or on written submissions; any in-person hearing will be in the county where you live, or another place we both agree. The arbitrator may award any individual relief a court could award, but only in favour of the individual party seeking relief and only to the extent needed for that party's individual claim. The arbitrator's decision is final and judgment may be entered in any court of competent jurisdiction.
12A.7 Class action and jury trial waiver. YOU AND WE EACH AGREE THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding. YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL. Notwithstanding Section 12A.4, only a court may decide disputes about the enforceability of this Section 12A.7. If a court finds this Section 12A.7 unenforceable for a particular claim or type of relief, that claim or relief (and only that) will be severed and decided by a court in Delaware, after all individual arbitrable claims are resolved, and will not proceed in arbitration on a class basis.
12A.8 Public injunctive relief. To the extent applicable law does not allow a waiver of public injunctive relief, a request for such relief will be severed and decided by a court after the individual arbitration ends, and stayed until then.
12A.9 Mass filings. If 25 or more similar demands are filed against us or by us, represented by the same or coordinated counsel, they will be administered in batches of up to 100 under the AAA Mass Arbitration Supplementary Rules, with one arbitrator per batch. Limitation periods are paused for demands awaiting a batch. Each party will cooperate in good faith to implement this process.
12A.10 Fees. Payment of filing, administrative and arbitrator fees is governed by the AAA rules. For consumer claims under $2,000 that are not frivolous, we will reimburse your filing fee. Each party bears its own attorneys' fees unless the arbitrator awards them under applicable law or finds a claim frivolous or brought for an improper purpose.
12A.11 30-day right to opt out. You may opt out of arbitration under this Clause 12A by emailing legalnotices@k-id.com within 30 days of first accepting these Terms, with your name, account email and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms. Disputes will then be resolved in the state or federal courts in Delaware, and you and we consent to their jurisdiction.
12A.12 Changes. If we change this Clause 12A (other than an address change), we will give you at least 30 days' notice. The change will not apply to any Dispute of which either party had notice before the change took effect. You may reject the change by emailing legalnotices@k-id.com within 30 days, in which case the version of this Clause 12A you last accepted continues to apply.
12A.13 Survival and severability. This Clause 12A survives termination of these Terms and your account. Except as stated in Section 12A.7, if any part of this Clause 12A is found unenforceable, the rest remains in effect.
Annex I - Acceptable Use Policy
This Acceptable Use Policy (this "Policy") is part of our Terms of Service (the "Terms") and governs your use of the Service. By using the Service, you agree to this Policy. Any capitalized terms used but not defined herein have the meaning set forth in the Terms.
We may modify this Policy from time to time by posting a revised version on our website. Your continued use of the Service after a modification constitutes your acceptance of the revised Policy.
1. Your Responsibilities
You are responsible for your use of the Service and for any content you provide, including its legality, reliability, and appropriateness. You agree to:
1.1 Secure Your Credentials: Keep your account credentials (such as username and password) safe, private, and confidential. You are responsible for all activity that occurs under your account.
1.2 Notify Us of Breaches: Immediately notify us at kai@k-id.com if you suspect or discover any unauthorized access to or use of your account or the Service.
1.3 Verify Your Rights: Ensure you have all necessary rights, licenses, and permissions to use any third-party content you include in your inputs to the Service.
1.4 Evaluate Output: Independently evaluate the accuracy, completeness, and suitability of any output from the Service ("Output Content") for your specific needs. Where there is AI-generated content provided as part of the Output Content, you acknowledge that AI-generated content can contain errors and you agree not to rely solely on the Output Content without conducting your own verification.
1.5 Comply with Laws: Ensure your use of the Service and any Output Content complies with all applicable laws, regulations, and professional obligations.
2. Prohibited Uses
You agree not to, and not to permit any third party to, use the Service without our express written permission to:
2.1 Illegal, Harmful, or Infringing Activities
- Engage in, promote, or advocate for any illegal, unlawful, or unauthorized activities.
- Infringe upon or violate the intellectual property, privacy, or other legal rights of any person or entity.
- Generate, store, or share content that is defamatory, obscene, offensive, harassing, or otherwise objectionable.
- Exploit the vulnerabilities of any individual or group arising from their age, disability, or specific social or economic situation with the aim of distorting their behavior in a manner likely to cause them or others harm.
2.2 AI-Specific Misuse
- Provide legal, financial, or medical advice without review and approval by a qualified professional.
- Make automated decisions that have a material or detrimental impact on an individual's rights without meaningful human supervision.
- Develop, or be a substantial factor in developing, systems for social scoring, profiling, or making high-stakes decisions regarding an individual's access to essential opportunities (such as employment, education, housing, or legal services) without material human involvement.
- Use the Service to identify individuals from biometric data or to create or expand a biometric database.
2.3 Service Integrity and Security
- Interfere with, disrupt, or disable any aspect of the Service, its security measures, or the equipment used to provide it.
- Intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature.
- Use any automated or programmatic method to extract data or Output Content from the Service, including scraping, web harvesting, or web data extraction.
- Attempt to reverse engineer, decompile, disassemble, or derive the source code of the Service or any related software, except as permitted by applicable law.
2. 4 Competitive and Commercial Restrictions
- Use the Service or Output Content to develop, train, or improve any artificial intelligence models that compete with our or our partners' products and services.
- Modify, translate, or create derivative works based on the Service.
- Transfer, lend, rent, lease, distribute, or sublicense your right to access the Service or use it to provide services to a third party without our permission..
3. Content and Output
If you share any Output Content generated by the Service, you must not represent that such content is solely human-generated. You must provide a clear attribution indicating that the content was generated with the assistance of artificial intelligence. We are not responsible for the way you use, share, or interpret the Output Content.
4. Enforcement
We reserve the right, but do not assume the obligation, to investigate any violation of this Policy. We may, in our sole discretion, suspend or terminate your access to the Service without notice if we believe a violation has occurred. Our failure to enforce this policy in any instance does not constitute a waiver of our rights to do so in other instances.