Kite Intel Terms of Service

1. Definitions

• Agreement: these Terms, each Order Form, the DPA (when it applies), and any policy incorporated by reference.
• Call Content: call audio recordings, call transcripts, the content of text messages and text conversations, and summaries, tags, scores, and classifications generated from any of them. Call metadata such as call counts, timestamps, duration, and source is not Call Content.
• Aggregated Data: data combined so it does not identify a customer, individual, or household.
• Deidentified Data: data that cannot reasonably be linked to an individual or household, for which Kite takes reasonable measures against reidentification, publicly commits to keep it deidentified, and contractually requires recipients to do the same.
• Customer Data: information, records, files, call recordings, transcripts, and other data submitted to, synchronized with, or processed through the Services for Customer, including personal information.
• Provider-Restricted Data: data obtained through a third-party platform's API (for example Google, Intuit/QuickBooks, Microsoft, Meta, Yelp) that is subject to that provider's use restrictions, and data derived from it where the provider's terms so require.
• Security Incident: a confirmed breach of security leading to accidental or unlawful destruction, loss, alteration, or unauthorized disclosure of or access to Customer Data in Kite's control.
• Restricted Data: the categories in Section 10.
• Authorized User: a person Customer permits to use the Services.

2. Services

Kite provides a business and decision-intelligence platform for home-service businesses, agencies, and related organizations: connecting CRM, field-service, advertising, call-tracking, accounting, analytics, search, and local-presence systems; analytics and attribution; call recording analysis and transcription; benchmarking and forecasting; website attribution tracking; AI analysis, recommendations, and chat; and related functionality. Features vary by plan, configuration, and connected platform. Kite may add, change, or discontinue features in line with Section 40.

3. Eligibility

You must be 18 or older and able to form a binding contract. If acting for an organization you represent that you are authorized, that it may lawfully enter these Terms, that your information is accurate, and that your use complies with law. The Services are for business use, not individual consumer use.

4. Accounts and Authorized Users

You are responsible for your credentials and all activity under your accounts, and must promptly tell Kite of unauthorized access, compromised credentials, or suspected incidents. Customer decides who may access its account, assigns permissions, removes access when no longer authorized, and is responsible for Authorized Users, whose actions may be treated as Customer's. Kite may impose authentication and security requirements.

5. Order Forms and Fees

Services may be purchased through an Order Form, proposal, online checkout, or invoice. If an Order Form conflicts with these Terms on fees, term, scope, or other negotiated commercial terms, the Order Form controls on that point. Fees are in U.S. dollars unless stated otherwise.

6. Payment

Kite may accept invoice, ACH, or third-party processor payment. Customer pays fees when due and authorizes recurring charges for any payment method it provides, as stated in the Order Form or checkout. Customer pays applicable sales, use, VAT, and similar taxes (not Kite's income taxes). Except as an Order Form or law provides or Kite agrees in writing, fees are non-refundable, except as stated in Sections 31 and 42. Late payment may lead to suspension or termination.

7. Trials and Promotional Access

Trials, pilots, and promotions may have additional limits and may be changed or ended at any time unless stated otherwise in writing. Unless Kite agrees otherwise in writing, data associated only with a trial may be deleted 30 days after the trial ends or the account is closed.

8. License

Subject to compliance and payment, Kite grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to use the Services during the subscription term for its lawful internal business purposes. Agency Customers may use the Services for authorized client organizations where their plan or Order Form permits. No ownership of the Services transfers.

9. Acceptable Use

Customer and Authorized Users may not:

1. 1. use the Services for unlawful, fraudulent, deceptive, or abusive purposes;
2. 2. use the Services in violation of privacy, communications, recording, consumer-protection, advertising, or data-protection law;
3. 3. attempt unauthorized access to Kite systems or another customer's information;
4. 4. interfere with the security, integrity, availability, or operation of the Services;
5. 5. introduce malware or harmful material;
6. 6. scrape or systematically extract information except through authorized functionality;
7. 7. reverse engineer or attempt to discover source code, models, algorithms, or trade secrets, except where law prohibits this restriction;
8. 8. circumvent security, authentication, rate limits, or other technical protections;
9. 9. use the Services or extracted Kite technology to build a substantially competing service;
10. 10. knowingly submit information Customer lacks authority to process;
11. 11. record, transmit, analyze, or provide calls in violation of consent or recording laws;
12. 12. impersonate any person or organization;
13. 13. infringe intellectual-property, privacy, confidentiality, or other rights; or
14. 14. allow another party to use Customer's account in a prohibited way.

Kite may investigate suspected violations and suspend or terminate access where reasonably necessary to protect Kite, customers, the Services, or others.

10. Restricted and Highly Sensitive Data

The Services are not a general repository for highly sensitive information. Unless a feature expressly supports it and Customer is legally authorized, Customer should not knowingly submit or cause Kite to process: Social Security numbers; full payment-card numbers; CVV codes; bank-account credentials; passwords or authentication secrets; passport or government ID numbers; protected medical records or highly sensitive health information; or similar high-risk information. Kite's technical controls to detect, block, or redact some of this information do not relieve Customer of responsibility. Kite does not automatically redact call audio, and recordings may contain such information.

11. Customer Data

Customer retains its rights in Customer Data. Customer grants Kite a worldwide, non-exclusive right to host, copy, transmit, process, analyze, transform, display, and use Customer Data to: provide the Services; follow Customer's instructions; maintain and secure the Services; provide support; prevent fraud and abuse; comply with law; generate outputs for Customer; create Aggregated or Deidentified Data under Section 21; and exercise other rights these Terms, the DPA, or another written agreement expressly permit. Customer represents and warrants that it has the rights, permissions, notices, lawful bases, and consents Kite needs to process Customer Data as the Agreement contemplates.

12. Free-Text and Customer-Generated Information

Connected systems may contain notes, comments, messages, and descriptions created by Customer, its employees, its customers, or others. Kite does not control that content before it reaches Kite. Customer is responsible for ensuring it was lawfully collected and provided.

13. Data Protection and the DPA

Kite processes Personal Information under its Privacy Policy and applicable law. Where Kite processes Personal Information for Customer as a processor, service provider, or contractor, the Kite Data Processing Addendum ("DPA") applies and is incorporated into the Agreement. If the DPA conflicts with these Terms on processing or protection of Personal Information, the DPA controls. Customer is responsible for its own compliance with privacy law for its collection, use, disclosure, and instructions. Kite maintains a public subprocessor list, which is part of the DPA.

14. Integrations and Third-Party Services

Customer may connect third-party services and, by doing so, authorizes Kite to access, receive, transmit, synchronize, and process information from them as needed for enabled features. Customer represents it has authority to connect and authorize. Third-party services are controlled by their providers. Kite is not responsible for third-party availability, API changes, limits, source-data errors, account suspension or termination, security incidents, or independent privacy practices, and does not guarantee any integration's continued availability. Provider-Restricted Data stays subject to the provider's terms, and nothing in these Terms gives Kite a right to use it in a manner the provider prohibits.

15. Website Attribution Technology

Kite may provide scripts or tags that Customer installs on websites it owns or controls. Customer is solely responsible for: deciding whether it may lawfully deploy the technology; giving required privacy notices and cookie or tracking disclosures; obtaining consent where required; configuring available consent controls; deciding which forms and fields are tracked and excluding those that should not be; and ensuring its website complies with law. Kite may offer functionality to delay tracking until visitor consent; its availability is not legal advice and does not decide whether consent is required. Customer will not intentionally configure the technology to collect Restricted Data.

16. Call Recording and Transcription Compliance

Customer represents and warrants that it has all rights and authority to record the calls, send recordings and transcripts to Kite, allow Kite and its service providers to process them (including with AI), and use the results. Customer is solely responsible for call-recording, wiretap, all-party and two-party consent, communications privacy, employee-monitoring, disclosure, and consumer-consent requirements. Kite does not give legal advice on whether a call may be recorded. Customer will indemnify Kite as provided in Section 36 for third-party claims arising from Customer's unlawful recording or transmission of calls.

17. AI Features and Providers

AI Features may analyze Customer Data and call recordings and transcripts, find patterns, summarize, classify, score, answer questions, forecast, identify opportunities, and recommend actions. Kite uses commercial speech and language-model providers, including Deepgram (speech-to-text and speaker separation), OpenRouter (routing), Anthropic, and Google, as listed in the subprocessor list. Customer authorizes Kite to process applicable Customer Data through those providers as needed to deliver AI Features.

18. AI Training

Using Customer Data as an input to an AI Feature is not, by itself, training a general model. Kite does not use identifiable Customer Personal Information to train or fine-tune generalized AI models for Kite's independent purposes unless Customer separately and expressly agrees. Kite may use Aggregated or Deidentified Data for analytics, testing, benchmarking, evaluation, research, product development, and generalized models or methods, subject to Section 21 and to Provider-Restricted Data limits. Call Content is excluded: Kite does not use Call Content, or data derived from its content, to train, fine-tune, or develop generalized models or methods, and does not include it in Aggregated or Deidentified Data. Kite uses Call Content, and permits its providers to use it, only to provide the Services to Customer.

19. AI Outputs and Business Decisions

AI Features and analytics provide decision support. They do not guarantee accuracy, completeness, future performance, revenue, profit, cost savings, conversion, or any business result. Outputs may contain errors, incomplete conclusions, or inaccurate assumptions. Customer remains solely responsible for reviewing outputs and deciding whether to act, and Kite is not responsible for decisions made solely or mainly in reliance on an output. The Services are not legal, accounting, tax, medical, investment, or other regulated professional advice.

20. Data Quality

Kite's analytics depend on the accuracy and completeness of source data, consistency of Customer's processes, CRM usage, data entry, third-party API availability, and configuration. Kite does not warrant that source data is accurate, complete, or error-free, and Customer is responsible for reasonable data quality in its systems.

21. Aggregated and Deidentified Data

Kite may create Aggregated or Deidentified Data from information processed through the Services, and may use, retain, analyze, disclose, publish, license, and commercialize it for benchmarking, industry intelligence, research, market analysis, forecasting, product development, analytics, and service improvement. This is a limited exception to Section 11's purpose limit, and it does not apply to Call Content (Section 18). Kite will not attempt to reidentify Deidentified Data except to test deidentification controls or as law permits, and will not publish it in a way that identifies Customer. This Section does not permit any use of Provider-Restricted Data that the provider prohibits.

22. Kite Intellectual Property

Kite and its licensors keep all rights in the Services and related intellectual property, including software, APIs, algorithms, models, formulas, methodologies, architecture, databases, designs, documentation, trademarks, trade secrets, AI systems, prompts, orchestration, benchmarking methods, and improvements. No rights transfer to Customer except the limited rights expressly granted.

23. Customer Outputs

Customer may use reports, dashboards, recommendations, analyses, exports, and summaries generated for Customer for its internal business purposes and, where applicable, for authorized client services. Customer's rights in outputs do not include ownership of Kite's underlying software, models, algorithms, formulas, methodologies, prompts, templates, or technology.

24. Feedback

Customer grants Kite a perpetual, irrevocable, worldwide, royalty-free right to use feedback without restriction. Kite need not implement it.

25. Agencies and White-Label Use

Where an Order Form or plan permits, agencies may use Kite to provide services to authorized clients. Agency Customers must obtain client authorization, ensure client data may lawfully be provided to Kite, control client access, ensure client users comply with these Terms, represent their relationship with Kite accurately, and flow down terms at least as protective of Kite and its data as these Terms. An agency is responsible for its clients' acts and omissions in connection with the Services. White-label functionality transfers no ownership of Kite technology, and an agency may not claim to own it.

26. Confidentiality

Each party may receive non-public information that should reasonably be understood as confidential, including Customer Data, pricing, plans, technology, source code, roadmaps, security information, financial information, and trade secrets. The receiving party will: use it only to perform or receive the Services; protect it with reasonable care; disclose it only to personnel, contractors, and advisers who need it and are bound by confidentiality; and not disclose it to others. Confidential Information excludes information the receiver can show was lawfully known without restriction, became public through no breach, was independently developed, or was lawfully received from another source. Disclosure required by law is permitted, with legally permitted notice to the other party.

27. Security Program and Incident Notice

Kite maintains an information security program with administrative, technical, and organizational safeguards appropriate to the Customer Data it processes, including access controls, encryption in transit, encryption at rest where appropriate, tenant isolation, logging and monitoring, and backup procedures. If Kite confirms a Security Incident, Kite will notify Customer without undue delay and, where practicable, within 72 hours of confirmation, and in any event within 5 business days of confirmation, and provide information reasonably available to help Customer meet its legal obligations. Notice is not an admission of fault. No system can be guaranteed completely secure.

28. Service Availability and Service Levels

Kite aims for reliable Services but does not guarantee uninterrupted or error-free availability unless a separate written Service Level Agreement says so. Outages may result from maintenance, upgrades, infrastructure failure, third-party outages, API changes, internet failures, cybersecurity events, force majeure, or other causes outside Kite's reasonable control. Kite may perform maintenance as reasonably necessary.

29. Support

Support is provided according to the Order Form, support plan, or published practices. Unless agreed in writing, Kite does not guarantee response or resolution times.

30. Beta and Experimental Features

Preview, beta, and experimental features may be incomplete, contain errors, change or end without notice, have reduced support, and produce unexpected results. Unless agreed otherwise they are provided "AS IS" and should not be relied on for mission-critical processes.

31. Suspension and Termination

Suspension. Kite may suspend access if it reasonably believes amounts are materially overdue, Customer has breached these Terms, Customer's activity is a security threat or unlawful, activity risks harm to Kite, another customer, or a third party, Customer is attempting unauthorized access or abuse, suspension is legally required, or immediate action is needed to protect the Services. Where reasonably practical Kite will give notice and an opportunity to cure; it may suspend immediately where circumstances require.

Term. These Terms apply while Customer uses the Services. Subscription duration and renewal are set in the Order Form. Customer may cancel under the Order Form or cancellation process.

Termination by Kite. Kite may terminate for uncured material breach after reasonable notice, non-payment, unlawful conduct, fraud or abuse, serious or repeated security violations, material legal or security risk, or as an Order Form permits. Kite may discontinue a Service or terminate a month-to-month or non-committed account on reasonable notice.

Termination by Customer for cause. Customer may terminate a committed subscription if Kite materially breaches the Agreement and does not cure within 30 days after written notice. Kite will then refund prepaid fees for the period after termination.

32. Effect of Termination, Data Deletion, and Export

On termination, Customer's access ends, unpaid fees remain due, surviving provisions continue, and Customer Data becomes subject to Kite's deletion procedures. Kite generally keeps Customer Data while the account is active because history supports analytics, attribution, and forecasting. When an organization is deleted, deletion begins after a 48-hour grace period and runs through a daily job, so it can complete up to about 24 hours after the grace period ends. Kite deletes or, in limited cases, scrubs Personal Information as described in the Privacy Policy and DPA. Deletion creates an archive copy, kept for 30 days and then permanently deleted, for recovery, audit, and legal purposes, and information is removed from backups within 90 days. Kite keeps compliance records for 6 years. Kite may keep limited information for legal, accounting, tax, fraud-prevention, security, dispute, and enforcement purposes. Aggregated or Deidentified Data may be retained.

Export. Customer's connected systems remain the source of its underlying business records. The Services let Customer export tables and reports it can view in the app. Kite does not currently offer a self-serve export of all Customer Data. On written request made within 30 days after termination, Kite will provide a copy of Customer Data it holds for Customer in a commonly used format.

33. Electronic Communications

Kite may give notices by email, in the Services, through account notifications, or on its website. Customer must keep its contact information current. Kite may send transactional and service communications. Marketing communications can be opted out of.

34. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." KITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND RESULTS. KITE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DATA WILL BE ACCURATE, THAT THIRD-PARTY INTEGRATIONS WILL REMAIN AVAILABLE, THAT AI OUTPUTS WILL BE ACCURATE, THAT RECOMMENDATIONS WILL PRODUCE ANY RESULT, OR THAT USE OF KITE WILL INCREASE REVENUE, PROFIT, EFFICIENCY, LEADS, CONVERSION, OR BUSINESS VALUE. Some jurisdictions do not allow certain exclusions, so some may not apply.

35. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(a) Excluded damages. NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, OR EXPECTED SAVINGS, EVEN IF ADVISED OF THEIR POSSIBILITY.

(b) General cap. EACH PARTY'S TOTAL LIABILITY UNDER THE AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR $100 IF NO FEES WERE PAID).

(c) Enhanced cap. FOR BREACH OF SECTION 26 (CONFIDENTIALITY), KITE'S BREACH OF ITS DATA-PROTECTION OBLIGATIONS UNDER SECTIONS 13 AND 27 OR THE DPA, OR KITE'S INDEMNITY IN SECTION 37, KITE'S TOTAL LIABILITY WILL NOT EXCEED THE GREATER OF THE FEES PAID OR PAYABLE IN THE 12 MONTHS BEFORE THE CLAIM AND $10,000. This replaces, and is not added to, the general cap.

(d) Not limited. NOTHING LIMITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, CUSTOMER'S PAYMENT OBLIGATIONS, OR LIABILITY THAT LAW DOES NOT ALLOW TO BE LIMITED.

These limits apply to all claims together, whatever the theory of liability.

36. Customer Indemnification

Customer will defend and indemnify Kite and its officers, members, employees, contractors, and affiliates against third-party claims, and resulting damages, fines, penalties, costs, and reasonable attorneys' fees, to the extent arising from: (a) Customer Data that Customer had no right to provide, or Customer's instructions to Kite that violate law; (b) Customer's breach of Sections 9, 10, 15, or 16; (c) Customer's failure to give legally required notices or obtain legally required consent for tracking, website attribution, or call recording; (d) Customer's use of the Services in violation of law; or (e) Customer's relationship with, or its authorizations from, its clients or customers. Kite will give reasonable notice and cooperation at Customer's expense. Customer may not settle a claim in a way that admits wrongdoing by or imposes obligations on Kite without Kite's written consent.

37. Kite Indemnification

Kite will defend Customer against third-party claims that the Services, as provided by Kite and used under the Agreement, infringe that party's U.S. intellectual-property rights, and will pay damages and costs finally awarded or agreed in settlement. Kite is not responsible for claims arising from Customer Data, Customer's combination of the Services with other items, use outside the Agreement, or modifications not made by Kite. If a claim occurs or is likely, Kite may procure the right to continue, modify the Services, or terminate the affected Services and refund prepaid fees for the unused period. Customer will give prompt notice and reasonable cooperation, and Kite controls the defense. This Section states Kite's entire liability for infringement claims.

38. Governing Law

Georgia law governs these Terms and any dispute, without regard to conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

39. Dispute Resolution and Arbitration

Informal resolution. Before formal proceedings each party will try in good faith to resolve a dispute. The initiating party gives written notice describing the dispute and the requested resolution. If it is not resolved within 30 days, either party may proceed as follows.

Arbitration. Except for small-claims matters and requests for temporary or injunctive relief about intellectual property, confidentiality, security, or unauthorized access, disputes will be resolved by binding individual arbitration under the American Arbitration Association's commercial rules, in Georgia unless the parties agree otherwise. The arbitrator may award any remedy available under law but may not consolidate claims of unrelated parties without their consent. Filing and administrative fees are allocated as the AAA's rules provide, and each party bears its own attorneys' fees and costs unless the arbitrator or applicable law provides otherwise.

Opt-out. Customer may opt out of arbitration by emailing privacy@kiteintel.com within 30 days after first accepting these Terms, stating that it opts out. If it does, disputes will be brought in the courts described below.

Class waiver. EACH PARTY BRINGS CLAIMS ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Courts. For disputes not subject to arbitration, the parties consent to exclusive jurisdiction of the state and federal courts in Georgia.

40. Changes to the Services

Kite may add features, change interfaces and integrations, update AI functionality, improve security, replace underlying technology, and discontinue features. During a committed paid term Kite will use commercially reasonable efforts not to materially reduce core functionality without reasonable justification. Third-party integration changes are outside Kite's control.

41. Changes to These Terms

Kite may update these Terms and will update the "Last Updated" date and keep a version history. For a change that materially and adversely affects an existing paid Customer, Kite will give at least 30 days' notice by email or in the Services. For a committed subscription, a materially adverse change generally takes effect at renewal, except where needed earlier for legal, regulatory, security, or abuse-prevention reasons. If a change takes effect during a committed term and materially and adversely affects Customer, Customer may terminate the affected Services on written notice within 30 days and receive a pro-rata refund of prepaid fees. Continued use after changes take effect is acceptance where law permits.

42. Assignment and Force Majeure

Customer may not assign these Terms without Kite's written consent, except in a merger, acquisition, or sale of substantially all assets if the successor assumes Customer's obligations. Kite may assign in a merger, acquisition, restructuring, financing, asset sale, or transfer of the relevant business. Neither party is liable for delay or failure caused by events beyond its reasonable control (natural disasters, severe weather, fire, war, terrorism, civil unrest, labor disruption, internet, telecommunications, or cloud-provider outages, government action, utility failure, epidemic, or large-scale cybersecurity event), except that force majeure does not excuse payment of amounts already due.

43. Injunctive Relief

Either party may seek temporary, preliminary, or injunctive relief where reasonably necessary to prevent unauthorized access, misuse of intellectual property, disclosure of Confidential Information, cybersecurity harm, or other irreparable injury.

44. Order of Precedence

If documents conflict: (1) the DPA controls on privacy and processing obligations; (2) an executed Order Form controls on specifically negotiated commercial terms; (3) these Terms control otherwise. A document does not modify these Terms unless it expressly says it modifies the provision.

45. General

Entire agreement. The Agreement is the entire agreement on its subject and supersedes prior discussions. Severability. An invalid provision is modified to the minimum extent needed to be enforceable, and the rest continues. Waiver. Failure to enforce is not a waiver; a waiver must be in writing. Third parties. No third-party beneficiaries unless stated. Relationship. The parties are independent contractors; nothing creates a partnership, joint venture, fiduciary, employment, or agency relationship. Survival. Provisions that by nature should survive termination do, including payment, confidentiality, intellectual property, Aggregated and Deidentified Data, disclaimers, liability limits, indemnification, dispute resolution, and governing law.

46. Contact

Kite LLC d/b/a Kite Intel. Legal notices and privacy: privacy@kiteintel.com. kiteintel.com.

Version history

• 1.1 (effective date above): defined terms; corrected numbering; DPA incorporated; AI and speech providers aligned with the Privacy Policy; Provider-Restricted Data; security and incident notice; tiered liability cap; Kite IP indemnity and narrowed customer indemnity; arbitration opt-out; notice period and termination right for adverse changes; deletion and export detail.
• 1.0 September 1, 2026: initial version.