Legal

Terms of Service

Last updated: June 2026

These Terms of Service (the “Terms”) form a binding agreement between you and the company identified in Section 20 (“Kiara,” “we,” “us,” or “our”) and govern your access to and use of the Kiara API and related websites, dashboards, documentation, and SDKs (together, the “Service”). By creating an account, generating an API key, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

1. Definitions

• “Account” — the registered account through which you access the Service.
• “API key” — a secret credential issued to your Account that authenticates calls to the Service.
• “Credits” — the prepaid units of account used to pay for the Service, where US$1 equals 300 credits.
• “Inputs” — prompts, images, files, parameters, and other content you submit to the Service.
• “Outputs” — the images, video, and other assets the Service generates from your Inputs.
• “End User” — any person who interacts with the Service indirectly through a product or application you build on top of it.
• “AUP” — our Acceptable Use Policy, incorporated by reference into these Terms.

2. Accounts and keys

You must provide accurate registration information and keep it current. You are responsible for keeping your API keys secret. Any generation made with your key counts against your balance, even if the key was used by someone else. Rotate the key in /dashboard/keys if you suspect exposure. You are responsible for all activity under your Account, including the conduct of your End Users.

3. Eligibility (18+)

You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) to use the Service. If you expose the Service to your own End Users, you must age-gate them so that only adults can use it. By using the Service you represent that you meet these requirements and are not barred from doing so under any applicable law, sanctions, or export-control regime.

4. Acceptable use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. The AUP prohibits, among other things, any content involving minors, non-consensual intimate imagery, impersonation of real people, and other illegal or abusive use. Violations may result in immediate suspension or termination.

5. License and restrictions

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Service to build and operate your own applications. Except as expressly permitted, you may not:

• resell, sublicense, rent, lease, or otherwise redistribute raw API access, or operate a proxy, timesharing, or service-bureau offering that exposes the Service to third parties as a substitute for their own Account;
• use the Service to build or train a competing or substantially similar generation service or model;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, model weights, or underlying methods, except to the limited extent such restriction is prohibited by applicable law;
• circumvent, disable, or probe any rate limit, quota, authentication, safety, or moderation control;
• exceed the documented rate limits or use the Service in a manner that imposes an unreasonable or disproportionate load on our infrastructure (fair use); or
• remove, obscure, or alter any proprietary notices.

We may apply per-key and per-Account rate limits and concurrency ceilings to protect the Service. Codes such as rate_limited are part of the public error contract and your integration should handle them gracefully.

6. Credits and payment

The Service is paid for with prepaid Credits. US$1 equals 300 credits. Credits are purchased through our checkout (card or crypto) under the payment provider’s own terms; we do not store your payment instrument details. Credits are a prepaid balance, are not a deposit, bear no interest, and are not redeemable for cash. Top-ups are final and non-refundable except as set out in Sections 8–10 or where a refund is required by applicable law. Purchased credits never expire from the date of each top-up and are consumed oldest-first (FIFO); Where the crypto checkout is used, the crypto price carries a disclosed 10% premium over the card price.

7. Pricing

Each model has a per-call credit cost shown in the catalog. Video generation is priced dynamically: at submission we reserve a maximum credit amount, then reconcile it to the actual amount once the job completes, releasing any difference back to your balance. We may change pricing prospectively; changes do not affect Credits already purchased and do not change the per-call cost of a job already submitted.

8. VAT / BTW

Unless stated otherwise, all prices are exclusive of value added tax (VAT / BTW). VAT / BTW is added where applicable at the statutory rate. For business customers established in the EU outside the Netherlands who provide a valid VAT identification number, the reverse-charge mechanism may apply, in which case VAT is accounted for by the customer. You are responsible for providing accurate tax information and for any taxes, duties, or levies imposed on you by your own jurisdiction.

9. Right of withdrawal (digital services)

Credits and the generations they pay for are digital services that are performed immediately. By purchasing Credits you expressly request immediate performance of the service and acknowledge that you lose the statutory 14-day right of withdrawal under the EU Consumer Rights Directive (as implemented in Dutch law, Book 6 of the Burgerlijk Wetboek) once the Credits have been used. To the extent any Credits remain entirely unused, you may contact billing@kiara-api.com within 14 days of purchase. The statutory consumer right of withdrawal does not apply to business customers.

10. Refund & billing policy

In summary, and subject to the consumer rights described above:

• Prepaid, generally non-refundable. Purchased Credits are prepaid and are generally non-refundable except as required by law or as expressly stated here.
• Failed generations are auto-refunded in Credits. A generation that terminates in failed or canceled never bills your balance. If a job was already deducted and we mark it failed, the Credits return to your Account automatically — no support ticket required.
• Reserved amounts are released. For dynamically priced jobs, any reserved Credits not consumed are released back to your balance on completion.
• Billing disputes. If you believe your balance is incorrect, contact billing@kiara-api.com with the relevant invoice identifier or job id, and we will review it.

11. Inputs, outputs, and intellectual property

You retain all rights to your Inputs. As between you and us, and to the extent permitted by law, you own the Outputs you generate through the Service, and we claim no ownership of them. You grant us a limited right to process your Inputs and Outputs solely as needed to operate, secure, and provide the Service. We do not use your Inputs or Outputs to train, fine-tune, or develop any machine-learning model. Outputs are AI-generated and provided AS IS: we make no warranty that any Output is original, accurate, non-infringing, or eligible for copyright or other intellectual-property protection. You are solely responsible for how you use your Inputs and Outputs, and you must not use Outputs to train, fine-tune, or develop any machine-learning model. All right, title, and interest in the Service itself, including its software, models, and trademarks, remains with us and our licensors.

12. Service availability (no SLA — beta-grade)

The Service is offered on a best-effort, beta-grade basis. We make no uptime guarantee and offer no service level agreement (SLA) at this time. We may modify, suspend, or discontinue any part of the Service, and may impose or change limits, at any time. For production use, design your integration around the public error contract — codes such as service_unavailable and rate_limited are stable — and implement appropriate retries and fallbacks.

13. Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any Output will meet your requirements or be free of third-party rights. Nothing in these Terms excludes or limits any warranty or liability that cannot lawfully be excluded or limited, including mandatory consumer rights.

14. Limitation of liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits, revenues, data, or goodwill, or for downstream use of any generated content. Our total aggregate liability arising out of or relating to the Service will not exceed the greater of the amounts you paid us in the three months before the event giving rise to the claim, or US$100. These limitations do not apply to liability that cannot be excluded or limited under applicable mandatory law (including liability for intent, gross negligence, death or personal injury, or mandatory consumer protections).

15. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless Kiara and its officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and reasonable expenses (including legal fees) arising out of or related to: (a) your Inputs, Outputs, or use of the Service; (b) the conduct or claims of your End Users; (c) your violation of these Terms or the AUP; or (d) your violation of any law or the rights of any third party. We will notify you of any such claim and may participate in its defense; you may not settle any claim in a way that imposes obligations on us without our prior written consent.

16. Termination and suspension

We may suspend or terminate your access to the Service, with or without notice, for any violation of these Terms or the Acceptable Use Policy, for non-payment, or to comply with law or protect the Service and its users. You may stop using the Service at any time. On termination, your right to use the Service ends; unused Credits are treated as set out in Sections 6 and 9–10. Sections that by their nature should survive termination — including intellectual-property, disclaimer, liability, indemnification, and payment provisions — will survive.

17. Changes to these Terms

We may update these Terms from time to time. We will update the “Last updated” date above and, where the change is material, take reasonable steps to notify you. Changes take effect when posted (or on the date stated). Your continued use of the Service after changes take effect constitutes acceptance. If you do not agree to a change, you must stop using the Service.

18. Force majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government action, failures or interruptions of the internet, electrical or telecommunications outages, denial-of-service attacks, or the failure of upstream infrastructure or third-party service providers.

19. Miscellaneous (assignment, severability, entire agreement, waiver)

You may not assign or transfer these Terms or your Account without our prior written consent; we may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. Our failure to enforce any provision is not a waiver. These Terms, together with the AUP, Privacy Policy, and Cookie Policy, are the entire agreement between you and us regarding the Service and supersede any prior agreements. There are no third-party beneficiaries.

20. Company identification

The Service is operated by Kiara Intelligence. For contractual, billing, or legal correspondence, reach us at the addresses below:

21. Governing law and jurisdiction

These Terms are governed by the laws of the Netherlands, without regard to its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any dispute arising out of or relating to these Terms or the Service will be submitted to the exclusive jurisdiction of the competent court in the Netherlands, except where mandatory consumer-protection law grants you the right to bring proceedings in your country of residence.

22. Related policies

These Terms incorporate and should be read together with our Acceptable Use Policy, our Privacy Policy, our Sub-processors disclosure, and our Cookie Policy.

23. Contact

General support and disputes: support@kiara-api.com. Billing questions: billing@kiara-api.com. To report abuse: abuse@kiara-api.com.