Kineviz Agentic Analytics Platform
Terms of Service
1. Agreement to These Terms
These Terms of Service (the “Terms”) form a binding agreement between you and Kineviz, Inc. (“Kineviz,” “we,” “us,” or “our”) and govern your access to and use of the Kineviz Agentic Analytics Platform, including its web-based interface and desktop application, together with all related features, tools, AI agents, documentation, and services (collectively, the “Service”).
By creating an account, installing the desktop application, clicking “I agree,” or otherwise accessing or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Service.
If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization. Enterprise customers may instead be governed by a separately signed master agreement or order form, which controls over these Terms to the extent of any conflict.
2. Definitions
“Community” means the Community tier of the Service, which includes both free and paid plans. Available features and usage limits may vary by plan. The Community tier may be subject to usage limits we set.
“Enterprise” means the Enterprise tier of the Service, sold under a separate agreement or order form, including any features, capacity, support levels, and service commitments described there.
“User Content” means any data, files, datasets, graphs, queries, prompts, text, or other materials you upload to, create in, or process through the Service.
“AI Agent” means the automated, AI-powered features of the Service that interpret instructions, analyze data, generate outputs, and take actions within the Service on your behalf.
“AI Output” means content, analyses, visualizations, code, or other results generated by the Service, including by the AI Agent, in response to your inputs.
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract or otherwise.
“Feedback” means any suggestion, enhancement request, recommendation, correction, or other feedback you provide about the Service.
3. The Service
The Service is an Agentic Analytics Platform that helps users explore, analyze, and visualize data using AI-assisted and automated capabilities. The Service is offered in two tiers — Community and Enterprise — and across two surfaces — a web-based interface and a downloadable desktop application.
3.1 Community vs. Enterprise
The Community tier includes both free and paid plans. Available features and usage limits may vary by plan. The Community tier is provided “as is,” may be subject to usage limits, and carries no service-level or support commitments unless we state otherwise. The Enterprise tier is sold under a separate agreement or order form and may include additional features, capacity, support, and commitments as described there. We may change, limit, or discontinue features of either tier, though we will use commercially reasonable efforts to give Enterprise customers reasonable notice of material adverse changes.
3.2 Desktop application
If you download the desktop application, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use it on devices you own or control, solely to access the Service in accordance with these Terms. The desktop application may automatically check for and install updates. Where administrative controls are provided, they may govern update behavior. Some features may require connectivity to our servers or third-party services.
3.3 Beta and preview features
We may offer features identified as beta, preview, experimental, or early access. These are provided “as is,” may be changed or withdrawn at any time, and are excluded from any service commitments and warranties.
3.4 Updates; modifications
We reserve the right, in our sole discretion, to update, modify, or remove features, functionality, or other aspects of the Service at any time. A stable internet connection and a modern, supported browser or operating system may be required to access and use the Service.
3.5 Suspension of the Service
Without limiting our termination rights, we reserve the right, at any time, with or without notice and in our sole and absolute discretion, to temporarily suspend or otherwise deny access to or use of the Service, without incurring any obligation or liability, for: (i) scheduled or unscheduled maintenance; (ii) maintaining the security or integrity of our network, hardware, or associated systems or those of our third-party providers; (iii) unusual spikes in activity or usage of the Service; (iv) unplanned technical problems or outages; (v) your actual or suspected violation of these Terms; (vi) any failure by you to pay amounts when due; (vii) any judicial or other governmental demand or order, subpoena, or law-enforcement request that expressly or by reasonable implication requires us to do so; (viii) the expiration or termination of these Terms; or (ix) any circumstances in which, in our reasonable estimation, such suspension is necessary or useful. We will use reasonable efforts to notify you of any scheduled maintenance. We will not be liable for any suspension or disablement of the Service that occurs pursuant to this Section.
3.6 Service Providers
You acknowledge that certain aspects of the Service may be provided by or rely upon third-party service providers, and that we may share User Content with such service providers so that they may store, access, use, process, and copy User Content solely as necessary to provide features in connection with the Service.
4. Accounts and Registration
You may need an account to use certain parts of the Service. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your credentials and for all activity under your account, whether or not authorized by you. Notify us promptly at security@kineviz.com of any actual or threatened unauthorized use or suspected breach that comes to your attention. In the event of any such unauthorized use, you will take all steps necessary to terminate it and to mitigate its effects, and will provide us with such cooperation and assistance related to any such unauthorized use as we may reasonably request. You must be at least 16 years old (or the age of digital consent in your jurisdiction) and legally able to enter into these Terms to use the Service.
5. Acceptable Use
You agree not to, and not to permit any third party to:
- Use the Service in violation of any applicable law, regulation, or third-party right;
- Upload or process content you do not have the right to use, or that infringes, defames, or violates privacy or intellectual-property rights;
- Upload malware, or attempt to gain unauthorized access to, disrupt, or compromise the Service or its infrastructure;
- Reverse engineer, decompile, or attempt to extract source code, models, or weights, except where such restriction is prohibited by law;
- Copy, record, modify, or create derivative works of the Service, in whole or in part;
- Remove, obscure, or alter any proprietary notices from the Service;
- Use the Service in a manner that compromises the integrity of the Service or the confidentiality of other users of the Service;
- Resell, sublicense, or provide the Service to third parties except as expressly permitted;
- Use the Service primarily to develop a competing commercial product or service, or to scrape or harvest data in violation of these Terms;
- Circumvent usage limits, rate limits, or access controls; or
- Use the AI Agent or AI Outputs in any manner prohibited under Section 6.
We may investigate suspected violations and may suspend or terminate access for conduct that we reasonably believe violates these Terms or harms the Service, other users, or third parties.
6. AI Agent and Automated Processing
The Service includes an AI Agent and other AI-powered and automated features. By using these features, you acknowledge and agree to the following.
- Nature of AI Output. AI Output may be inaccurate, incomplete, or otherwise unreliable, and may not be unique to you. You are responsible for reviewing, verifying, and validating AI Output before relying on or acting upon it. The Service is a tool to assist analysis; it does not provide professional, legal, financial, medical, or other regulated advice.
- Agent actions. The AI Agent may take automated actions within the Service based on your instructions and configurations. You are responsible for the instructions you provide and for supervising agent actions, including any that affect your data, connected systems, or accounts.
- Inputs and model processing. To provide AI features, your inputs (including prompts and the portions of User Content reasonably necessary to fulfill the requested AI operation) may be processed by Kineviz and by third-party AI/model providers acting as our service providers. How we handle this data is described in the Privacy Policy.
- Provider training. We select third-party AI/model providers whose contractual terms prohibit the use of your content or prompts to train their models. This applies across all tiers of the Service, including Community (both free and paid plans) and Enterprise.
- Prohibited uses. You must not use the AI Agent to generate unlawful, harmful, deceptive, or rights-infringing content, to make decisions producing legal or similarly significant effects on individuals without appropriate human oversight, or in any high-risk use case prohibited by applicable law or by our policies.
- Ownership of AI Output. As between you and Kineviz, and subject to third-party rights and these Terms, you own the AI Output generated from your inputs, to the extent permitted by applicable law, and you are responsible for ensuring its lawful use.
7. Product Improvement Program
Kineviz operates a Product Improvement Program to develop, maintain, secure, and improve our products and the Service as a whole. The data described here supports the Service generally, including both the AI Agent and non-agentic components.
- What it uses. For the Community tier (both free and paid plans), the Program may use your usage data — such as telemetry, feature usage, performance and diagnostic logs, and agent actions taken — together with your content data, such as your prompts and relevant User Content, to improve the Service, including its reliability, quality, safety, performance, and user experience.
- Your choice. The Program is enabled by default, and you can turn it off at any time using the Product Improvement Program control in Account Settings. We may change this default regionally where required by law (for example, offering it on an opt-in basis).
- Enterprise. We do not use Enterprise-tier usage or content data in the Product Improvement Program. That commitment is set out in the applicable Enterprise agreement or DPA, and we can help Enterprise customers develop their own skills and prompts on request.
- Changes. These practices may evolve over time, and we will update these Terms and our Privacy Policy if they do.
8. User Content and Data
8.1 Your ownership
You retain all rights you hold in your User Content. We do not claim ownership of it. You are solely responsible for your User Content and for having all rights, consents, and lawful bases necessary to upload and process it through the Service.
8.2 License to operate the Service
You grant Kineviz a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, and process your User Content solely as needed to provide, secure, maintain, and improve the Service, to provide support, and as otherwise instructed by you or permitted by the Privacy Policy. For Enterprise customers, any data processing agreement (“DPA”) governs our processing of personal data within User Content.
8.3 Responsibility and backups
You are responsible for maintaining your own backups of important User Content. While we take reasonable measures to protect data, we are not a backup service, and you should not rely on the Service as your sole repository for critical data. You understand that in processing data there are times data is lost or damaged, and we will bear no liability with respect to any User Content that is lost or damaged as a result of the processing of User Content.
8.4 Your responsibility
You retain sole responsibility for: (i) all User Content, including its content and use; (ii) all information, instructions, and materials you provide in connection with the Service; (iii) your information-technology infrastructure, including computers, software, databases, electronic systems, and networks, whether operated directly by you or through third-party services; (iv) the security and use of your account access credentials; and (v) all access to and use of the Service directly or indirectly by or through your systems or account credentials, with or without your knowledge or consent, including all results obtained from, and all conclusions, decisions, and actions based on, such access or use. We will have no responsibility or liability for the accuracy of data uploaded to the Service by you, including User Content.
8.5 Aggregated statistics
In the course of providing the Service, we may monitor use of the Service and collect and compile statistical data and performance information, analytics, metadata, or similar information generated through instrumentation and logging systems regarding the operation and your use of the Service (“Aggregated Statistics”). All right, title, and interest in Aggregated Statistics, and all intellectual-property rights therein, belong to and are retained solely by Kineviz. Nothing in these Terms restricts our right to collect Aggregated Statistics or to use them for any internal business purpose, or as permitted under applicable law. We maintain Aggregated Statistics in a form that does not identify you.
9. Intellectual Property
The Service, including all software, AI models and systems, interfaces, designs, text, graphics, trademarks, and documentation, is owned by Kineviz or its licensors and is protected by intellectual-property laws. Except for the limited rights expressly granted to you, no rights are granted by implication, estoppel, or otherwise. “Kineviz” and related logos are trademarks of Kineviz; you may not use them without our prior written permission.
If you provide Feedback about the Service, you grant Kineviz and its Affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate the Feedback into the Service for any purpose without obligation to you.
We do not claim ownership in, or any affiliation with, any third-party trademarks or service marks appearing in the Service.
10. Confidentiality
10.1 Confidential Information
“Confidential Information” means all information disclosed before, on, or after the effective date by a disclosing party (the “Disclosing Party”) to the receiving party (the “Receiving Party”) or its Affiliates, or to any of such Receiving Party’s or its Affiliates’ employees, officers, directors, partners, shareholders, agents, attorneys, accountants, or advisors (collectively, “Representatives”), whether disclosed orally or in written, electronic, or other form or media, that is either (i) marked, designated, or otherwise identified as “confidential,” “proprietary,” or with some other similar identifier, or (ii) would reasonably be understood to be confidential under the circumstances. The Service, and any associated pricing, documentation, product roadmaps, and business and marketing plans, and any information related to the foregoing, expressly constitute Confidential Information of Kineviz.
10.2 Confidentiality Obligations
Both parties agree to hold Confidential Information in confidence and to protect it from disclosure to any third party, other than as expressly set forth in these Terms, and to limit access to the other party’s Confidential Information to those of its Representatives who have a need to access it in accordance with these Terms. The Receiving Party will protect Confidential Information with the same level of protection it affords its own confidential and sensitive information, but in every case such protection must be reasonable. All Confidential Information remains the sole property of the Disclosing Party.
10.3 Exceptions
Confidential Information does not include information that: (i) at the time of disclosure is, or thereafter becomes, generally available to and known by the public other than as a result of any breach of these Terms by the Receiving Party or its Representatives; (ii) at the time of disclosure is, or thereafter becomes, available to the Receiving Party on a non-confidential basis from a third-party source not prohibited from disclosing it by any legal, fiduciary, or contractual obligation; (iii) was known by or in the possession of the Receiving Party, as established by documentary evidence, prior to being disclosed by the Disclosing Party; or (iv) was or is independently developed by the Receiving Party, as established by documentary evidence, without reference to or use of any of the Disclosing Party’s Confidential Information.
10.4 Compelled Disclosure
We may disclose Confidential Information in response to an order of a court or other governmental body of competent authority, or as otherwise required by law or regulation (a “Compelled Disclosure”), provided that we will use reasonable efforts to provide you with prior notice (to the extent legally permitted) so that you may seek a protective order or otherwise challenge the Compelled Disclosure. You are responsible for any expenses you incur in seeking to prevent a Compelled Disclosure, and we will not be liable if we comply after giving you a reasonable amount of time to respond.
11. Third-Party Services
The Service may integrate with or rely on third-party products, services, data sources, or AI/model providers. Your use of such third-party services may be subject to their own terms and privacy policies, and Kineviz is not responsible for them. We do not warrant and are not liable for any third-party services.
12. Fees, Subscriptions, and Payment
Enterprise and other paid features are subject to the fees set out in the applicable order form, plan, or checkout page. Unless stated otherwise: fees are quoted exclusive of taxes, which you are responsible for; subscriptions renew automatically for successive terms unless cancelled before the renewal date; and fees paid are non-refundable except as required by law or expressly stated. We may change fees on a prospective basis with reasonable prior notice. Payments may be processed by a third-party payment processor whose terms apply to the payment transaction. If you fail to pay amounts when due, we may suspend or terminate paid features.
13. Term, Suspension, and Termination
These Terms apply while you access or use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate your access (a) for any material breach of these Terms, (b) if required by law or to protect the Service, other users, or third parties, or (c) for Community accounts, for violation of these Terms, for operational reasons, or where continued access could pose a risk to the Service or others. Enterprise termination is governed by the applicable order form or master agreement.
Upon termination, your right to use the Service ceases. We may delete your User Content after a reasonable period, subject to legal retention obligations and as described in the Privacy Policy. Provisions that by their nature should survive termination (including ownership, disclaimers, limitations of liability, indemnification, and governing law) will survive.
14. Disclaimers
EXCEPT AS EXPRESSLY STATED IN A SIGNED ENTERPRISE AGREEMENT, THE SERVICE, INCLUDING ALL AI FEATURES AND OUTPUTS, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT OUTPUTS WILL BE ACCURATE OR RELIABLE, OR THAT DEFECTS CAN BE CORRECTED. ALL THIRD-PARTY MATERIALS, SOFTWARE, AND WEB BROWSERS THAT YOU MAY NEED TO USE IN CONJUNCTION WITH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES RELATED TO THEM; ANY REPRESENTATION OR WARRANTY CONCERNING SUCH THIRD-PARTY MATERIALS IS STRICTLY BETWEEN YOU AND THE APPLICABLE THIRD-PARTY PROVIDER. YOU UNDERSTAND AND ACKNOWLEDGE THAT WE WILL HAVE NO LIABILITY OF ANY KIND WITH RESPECT TO (A) THE LOSS, ALTERATION, OR DESTRUCTION OF USER CONTENT IN CONNECTION WITH THE SERVICE; (B) ANY CLAIMS OR LOSSES RELATED TO THE MISUSE OF THE SERVICE, INCLUDING THE ACTIVITIES OF THIRD PARTIES OR YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY AND SECURITY OF THE SERVICE OR YOUR CREDENTIALS; OR (C) ANY CLAIMS OR LOSSES DUE TO IMPAIRMENT, INABILITY TO USE, OR LOSS, INTERRUPTION, OR DELAY OF THE SERVICE, INCLUDING PLANNED OR UNPLANNED DOWNTIME OR ANY UNAVAILABILITY DUE TO A FORCE MAJEURE EVENT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME MAY NOT APPLY TO YOU.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINEVIZ AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, OR FOR ANY LOSS, DAMAGE, CORRUPTION, OR RECOVERY OF DATA OR BREACH OF DATA OR SYSTEM SECURITY, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, UNDER ANY THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, WARRANTY, OR NEGLIGENCE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINEVIZ’S AND THE FOREGOING PARTIES’ MAXIMUM COLLECTIVE AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO KINEVIZ FOR THE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, WHETHER ARISING UNDER CONTRACT, TORT, WARRANTY, NEGLIGENCE, OR OTHERWISE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. FOR THE COMMUNITY TIER, OR WHERE NO FEES WERE PAID IN THAT PERIOD, KINEVIZ’S TOTAL LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME MAY NOT APPLY TO YOU.
ANY CLAIM BY YOU RELATED TO THESE TERMS OR THE SERVICE MUST BE BROUGHT WITHIN SIX (6) MONTHS OF THE DATE ON WHICH THE CLAIM FIRST COULD BE FILED; IF IT IS NOT, THE CLAIM IS PERMANENTLY BARRED.
16. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless Kineviz and its Affiliates, officers, employees, agents, suppliers, and licensors from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) relating to or arising from your User Content, your use of the Service, these Terms, or your violation of any law or third-party right. We will provide you with notice of any such claim, and we reserve the right to assume sole control of the defense and settlement of any matter subject to indemnification, in which case you will cooperate with us in asserting any available defenses.
17. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, U.S.A., without regard to its conflict-of-laws rules, and, where applicable, by U.S. federal law. Subject to any mandatory rights you have as a consumer in your country of residence, the state and federal courts located in San Francisco County, California will have exclusive jurisdiction, and you consent to their jurisdiction and venue.
Before bringing any formal claim, you and Kineviz agree to first attempt to resolve the dispute informally by contacting legal@kineviz.com and allowing thirty (30) days to reach a resolution. Kineviz does not require binding arbitration and does not impose a class-action waiver; disputes that cannot be resolved informally will be handled by the courts identified above, subject to any mandatory consumer-protection rights you have in your country of residence.
18. International Use and Export
The Service is operated primarily from the United States and United Kingdom. For customers in the EEA and the United Kingdom, we may offer the option to have their data hosted and processed within the UK or the EU. If you access it from other regions, you are responsible for compliance with local laws. You agree to comply with all applicable export-control and sanctions laws and represent that you are not located in, or a resident of, any embargoed country and are not on any restricted-party list.
19. Changes to These Terms
We may amend these Terms from time to time, by posting an amended version in the Service or on our website, or by sending you notice. Such amendment will be deemed accepted and become effective immediately following such notice (the “Amendment Date”), and your continued use of the Service following the Amendment Date will confirm your freely given, informed, and unambiguous consent to it. We may provide additional advance notice, or apply a later effective date, where required by applicable law.
20. Miscellaneous
These Terms, together with the Privacy Policy and any applicable order form, DPA, or master agreement, constitute the entire agreement between you and Kineviz regarding the Service. If any provision is found unenforceable, the remaining provisions remain 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. Nothing in these Terms creates a partnership, agency, or employment relationship. Neither party will be liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, regional shortages of power or telecommunications, network or utility failures, denial-of-service attacks, or governmental actions (each, a “Force Majeure Event”). We may send notices under these Terms to the email address associated with your account, and such notices will be deemed received twenty-four (24) hours after they are sent. Notices to us must be sent to legal@kineviz.com and will be deemed received seventy-two (72) hours after they are sent.
21. Contact
Questions about these Terms can be sent to:
Kineviz, Inc. Email: legal@kineviz.com Address: 455 Market St Ste 1940 PMB 619492, San Francisco CA, 94105-2448