Last Updated February 15, 2023
These Terms of Service (“Terms”) govern access and use of our app, website, and other tools (collectively, “Kite” or the “Service” or “Services”). Each time you access or use Kite, you agree to be bound by these Terms and any additional terms that apply to you. If you do not agree to be bound by these Terms, please stop using Kite. Kite is owned and developed by Kite Works, Inc. (“Company,” “we” or “us”). For purposes of these Terms, “you” and “your” means you as the user of the Services.
We also have a Privacy Policy that discusses what information we collect and how we use this information. You should read the Privacy Policy because it governs the Company’s use of your personal information.
IMPORTANT NOTE: THE SECTION TITLED “ARBITRATION AND GOVERNING LAW” CONTAINS AN ARBITRATION CLAUSE AND CLASS-ACTION WAIVER THAT APPLIES TO ALL U.S.-BASED KITE USERS. PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER AS EXPLAINED IN THE SECTION TITLED “ARBITRATION AND GOVERNING LAW.”
You represent that you are at least 13 years of age and possess the legal capacity to enter into the agreement set forth in these Terms. No one under the age of 13 is allowed to use or access Kite. If you are old enough to use or access Kite but are not old enough to have authority to consent to our terms, your parent or guardian must agree to these Terms on your behalf. If you are a parent or legal guardian, and you allow your teenager to use the services, then these Terms also apply to you and you are responsible for your teenager’s activity on the services.
If you are a resident of the European Economic Area (“EEA”), you may only use Kite if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of Kite has been provided to us.
When you create your Kite account, you agree that the information you submit is correct and complete. We may refuse you access to the Service if we learn that the information you provided is inaccurate. You may stop using the Services at any time and for any reason. You can request your account to be deleted by sending an email to hello@kite.place.
Using Kite requires that we initially download software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and that these Terms and our policies will apply to any updates.
The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, and the proprietary software and other technology used to provide the Services are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. Although we are granting you this license, we and our licensors retain all intellectual property rights we have in our software and Services (other than User Content (defined below)), including, without limitation, the exclusive right to create derivative works.
The Kite name and the Kite logo or icon and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. The unauthorized use of any of these trademarks is strictly prohibited.
Some of our Services allow you to download client software. So long as you comply with these Terms, we grant you a worldwide, non-exclusive, personal, non-assignable and revocable license to download, install, and run that software, solely to access our Services.
You may not copy, modify, create derivative works based upon, distribute, sell, lease, or sublicense any of our software or Services. You also may not reverse engineer or decompile our software or Services, attempt to do so, or assist anyone in doing so, unless you have our written consent or applicable law permits it.
We refer to the photos, comments, links, and other content you post as ”User Content.” You retain all rights in, and are solely responsible for, the User Content you post to Kite.
While your User Content belongs to you, several important limitations apply:
First, User Content does not include your Kite username. Should you or Kite terminate your account, you do not retain any rights in the username you used. A new Kite user may use the user name in the future.
Second, you grant Kite and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content for the purposes of using, accessing, operating, developing and providing Kite. Nothing in these Terms restricts other legal rights Kite may have to User Content, for example under other licenses.
Third, we retain the right to remove or modify User Content, or change the way it’s used in Kite, for any reason. This includes User Content that in our judgment violates these Terms or any other policies.
Fourth, content you share with others on Kite may continue to exist on Kite even if you leave Kite. We may backup, archive and retain your User Content even if you terminate or deactivate your account, or delete or remove specific User Content. Kite and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on Kite.
We may allow you to post links to third party websites, information, materials, products, or services. Please do not post links in violation of these Terms. Kite does not control nor endorse or assume any responsibility for these links. If you access any third party website, service, or content from Kite, you do so at your own risk. You accept and agree that Kite has no liability arising from your use of or access to any third party website, service, or content.
We appreciate user input on ways to make Kite better. If you make any comments or suggestions to Kite, you grant us a non-exclusive, perpetual, irrevocable, transferable, sublicensable license to use the feedback and ideas, content and technology generated from the feedback without any restrictions, attribution, or compensation to you.
Kite doesn’t waive any rights to use similar or related feedback provided to Kite before or after your feedback, or developed by Kite’s employees, or obtained from sources other than you.
While we cannot guarantee your account from hacking by an unauthorized party, we employ security measures to keep your account and content secure. Let us know right away of any unauthorized use or compromise to your account.
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Company, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Company. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:
email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Company or its users to any harm or liability of any type;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
violate any applicable local, state, national, or international law, or any regulations having the force of law;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities
obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or
engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Company from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
No employee, independent contractor, agent, or affiliate of any competing social media company is permitted to view, access, or use any portion of the Service without express written permission from Company. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Company or any of its affiliates, or acting on behalf of a competitor of Company in using or accessing the Service.
To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Company or the App Provider (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Company the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Company (through the App Provider(as defined below)) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Company know within sixty (60) days after the date that Company charges you. We reserve the right to change Company’s prices. If Company does change prices, Company will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at Company’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on Company’s net income.
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
Our Service is protected by copyrights, trademarks and other proprietary rights, and may not be used for any purpose or in any manner that infringes the rights of any third party.
We encourage you to report any content on Kite that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on Kite infringes your copyright, trademark, or other intellectual property rights, please read below for how to submit your complaint.
In accordance with the Digital Millennium Copyright Act of 1998 (the ‘DMCA’), Kite has a designated agent for receiving notices of copyright infringement and Kite follows the notice and take-down procedures of the DMCA.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Kite’s copyright agent the following information required by the DMCA, 17 U.S.C. § 512:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (e.g., the username of the posting user, the location of the post, and the date it was posted);
information reasonably sufficient to permit us to contact the complaining party;
a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content on Kite violates your rights other than copyrights, please provide Kite with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (e.g., the username of the posting user, the location of the post, and the date it was posted); (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding Kite or other complaint regarding alleged violation of rights to Kite’s copyright agent, who can be reached as follows:
ATTN: Copyright Manager
Kite Works, Inc.
Phone: 415-494-9355
Email: hello@kite.place
NOTE: This contact information is for inquiries regarding potential copyright and other intellectual-property infringement only.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any purportedly infringing material. We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
We may suspend or terminate your license to access and use Kite at any time and for any reason. Normally we provide notice and the reason for the termination or suspension. However, our termination or suspension may be immediate and without notice if in our sole judgement you committed a serious violation of these Terms or our policies.
You agree to indemnify, defend and hold harmless Kite, its parent company Kite Works, Inc., and its directors, officers, employees and agents, from any and all legal actions, demands, claims, losses, expenses or damages arising out of or in any way related to your access or use of Kite or our Service (or any other person accessing or using Kite through your account), your User Content, any breach of these Terms or violation of our policies.
In such circumstances, you agree we are entitled to payment from you for any judgment, our reasonable legal fees and all costs we incur to defend ourselves. Our right to indemnification survives any cancellation, termination or suspension of your Kite account.
WE MAKE NO REPRESENTATIONS WHATSOEVER AS TO THE ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF ANY INFORMATION POSTED ON KITE OR THE KITE SOFTWARE. OUR SERVICE, SOFTWARE AND ALL CONTENT ON KITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
YOUR USE OF KITE IS AT YOUR OWN RISK. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We do not review User Content in advance of its posting. Kite takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, offensive, indecent, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
This disclaimer and waiver of claims survives any cancellation, termination or suspension of your Kite account and termination of these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KITE, ITS PARENT COMPANY KITE WORKS, INC., AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE UNDER ANY THEORY OF LAW OR IN EQUITY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR FOR ANY BUSINESS INTERRUPTION OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OF INABILITY TO USE OUR SERVICE OR ITS CONTENT; ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF OTHER USERS OR THIRD PARTIES; UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE OR THE CONTENT); HOWSOEVER CAUSED, EVEN IF KITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY FOR CLAIMS BROUGHT AGAINST THE COMPANY OR ANY OF ITS AFFILIATES OR ANY OF THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS IS LIMITED TO $100.00 OR SUCH THE SMALLEST AMOUNT PERMITTED BY LAW, WHICHEVER IS LESSER.
IF YOU ARE DISSATISFIED WITH THE SERVICE, THE CONTENT OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
If we cause damage to you and you are a consumer in the EEA, the above doesn’t apply. Instead, Kite’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Kite isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won’t apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you in writing.
This limitation of liability provision survives any cancellation, termination or suspension of your Kite account and termination of these Terms.
If a dispute arises with Kite, please contact us. We will work to address it with you quickly and informally.
Should an informal resolution of the dispute prove impossible, you agree that any dispute, claim or controversy arising out of or relating to your access or use of Kite or these Terms, including the determination of the scope or applicability of this provision, shall be determined by final, binding and non-appealable arbitration.
Arbitration is a less expensive, and often quicker, means for parties to resolve their dispute than filing a lawsuit in a court of law. An independent and neutral arbitrator decides the case, not a judge or jury. The arbitration award is final and not subject to review by a court. Arbitrators, however, can award the same damages and relief that a court can award.
You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision and Agreement, and that you and Kite are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of these Terms and the termination of your Kite account. Any arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org.
Unless you and Kite agree otherwise, the arbitration will be conducted in the City and County of San Francisco or Alameda County, California. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that Kite will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND KITE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
To the extent any claim, dispute or controversy regarding Kite or our Service isn’t arbitrable under applicable laws or otherwise: you and Kite both agree that any claim or dispute regarding Kite will be resolved exclusively in a California court governed by the laws of the State of California, without respect to its conflict of laws principles. If you are not a consumer in the EEA, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is San Francisco County, California, or the United States District Court for the Northern District of California and our dispute will be determined under California law.
If you are a consumer in the EEA, this arbitration provision does not apply to you.
You can decline this agreement to arbitrate by emailing an opt-out notice to hello@kite.place within 30 days of February 15, 2023, or within 30 days of when you first register your Kite account, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Kite also will not be bound by them.
Apple App Store
The following terms and conditions apply to you only if you are using the Kite app from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the Kite app from the Apple App Store. You acknowledge and agree that these Terms are solely between you and the Company, not Apple, and that Apple has no responsibility for the Kite app or content thereof. Your use of the Kite app must comply with the App Store’s applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Kite app. In the event of any failure of the Kite app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Kite app to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Kite app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and the Company acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the Kite app or your possession and/or use of the Kite app, including, but not limited to: (a) product liability claims, (b) any claim that the Kite app fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and the Company acknowledge that, in the event of any third party claim that the Kite app or your possession and use of that Kite app infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third party terms of agreement when using the Kite app. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the Kite app, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
We are continually working to improve Kite. As a result, our Terms may be modified or we may publish new Terms at any time. Any modified and/or new Terms will become effective immediately upon posting. You agree that we may provide you notice of new or modified terms by posting them on the Kite website and/or within the settings of the Kite app. By continuing to access and use Kite, you agree to be bound by the new or modified terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kite without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
If you’re a consumer in the EEA, either you or Kite may assign these Terms, and any rights and licenses granted under it, to a third party. In case of such an assignment by Kite, you are entitled to terminate the agreement with immediate effect by deactivating your account. Kite will provide you with reasonable notice of any such assignment.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and remaining provisions shall remain in full force and valid.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Kite’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Some of Kite’s services include software subject to separate open source license terms, and your use of those services are subject to your compliance with those license terms, when applicable. We encourage you to review them, as some licenses may explicitly override these Terms.