Terms of Service

1. This agreement#

These Terms of Service ("Terms") are the agreement between you and KaiBuild, operated by Krushang Vachhiyat ("we", "us") for the use of KaiBuild — the website builder, the editor, the AI features, the hosting that serves what you publish, and everything else we provide under that name (the "Service").

You accept these Terms by creating an account or by using the Service. If you are accepting on behalf of a company or another person, you are confirming that you are allowed to bind them, and "you" means them as well as you.

Our Privacy Policy, Cookie Policy, Acceptable Use Policy, AI Disclosure, Cancellation & Refunds, and DPA & Subprocessors form part of this agreement. Where one of them covers a subject in more detail, the more detailed document governs that subject.

2. Who can use the Service#

• You must be old enough to enter a contract where you live. If your country sets that at 18, that is the age we mean. The Service is not for children.
• You must not be barred from receiving our services under the law that applies to you or to us, including sanctions and export rules.
• One person or business, one account. Sharing one account across a team is what the seats on your plan are for.

3. Your account#

Sign-in is through Google. That means Google verifies who you are and we never see or store your Google password. If you lose access to the Google account, you lose the route into your KaiBuild account, so keep it secure and keep its recovery options current.

• Give us accurate details, and keep your billing email working — it is where invoices, renewal notices and service warnings go.
• You are responsible for what happens under your account, including what people you invite to your workspace do.
• Tell us promptly at [email protected] if you think someone has got into your account.

4. Plans, credits and billing#

The Service has a free trial and paid plans. What each plan includes — the number of sites, the bandwidth allowance, the monthly credits, the number of backups, the team seats — is shown on the pricing page at the time you buy, and that is the version that applies to your subscription.

• Payments. Checkout, invoicing and applicable taxes are handled by Dodo Payments. Your invoice states who charged you and what tax was applied. Card details are held by the payment provider, not by us.
• Renewal. Paid plans renew automatically for the same period until you cancel. You can cancel at any time from the billing portal; see Cancellation & Refunds.
• Price changes. We may change prices. A change applies to your next renewal, not to a period you have already paid for, and we will tell you before it takes effect.
• Failed and disputed payments. If a payment fails, we may retry it and may suspend paid features until it succeeds. If you raise a chargeback instead of asking us for a refund, we may suspend the account while it is resolved.

5. Credits#

AI work is metered in credits. Composing a site, editing through chat, drafting a blog post and generating an image each cost a set number of credits, and the current costs are published in the product. Your plan includes an allowance each billing period.

• Credits are used the moment work is done. A generation you did not like still ran on a paid model. Consumed credits are not refundable, and that is the single most important sentence in this section.
• Credits have no cash value, cannot be transferred between accounts, and cannot be exchanged for money.
• Promotional or bonus credits are governed by the terms of the offer that granted them, including any expiry.
• We may adjust what an action costs as the underlying models change. A change applies to work done after it, never retrospectively.

6. AI-generated content, and who owns it#

Much of what the Service produces — layout, copy, images, structure — is generated by artificial intelligence from your prompts and your material. Read the AI Disclosure for what is sent where and why.

• As between you and us, the output is yours. We claim no ownership of the sites, pages, copy or images the Service generates for you. You can publish them, change them, take them elsewhere.
• What we cannot promise is that it is unique. A model given a similar prompt by someone else can produce something similar. We do not guarantee that output is original, and we do not guarantee that it does not resemble something that already exists.
• Copyright in AI output is unsettled in many countries. Some jurisdictions will not register a work with no human author. Nothing here decides that question, and we do not promise you an enforceable copyright in generated material. If it matters to your business, take advice locally.
• Output can be wrong. It can state a fact that is not true, an offer you do not make, or a claim you cannot support. You must read what you publish. See section 7.

7. Your content, and what you publish#

"Your content" means everything you put into the Service and everything you publish through it: text, images, files, prompts, domain names, and the finished site itself.

• You keep ownership of it. We do not acquire rights in your content by hosting it.
• You give us the licence we need to run the Service. That is a worldwide, royalty-free licence to store, copy, transmit, adapt for display, and publish your content — for the purpose of operating the Service for you, and for no other purpose. It ends when you delete the content or close the account, apart from copies in backups and logs that expire on their normal cycle.
• You are responsible for what your site says. You confirm that you have the rights to the material you upload, that what you publish is lawful where your visitors are, and that any claims you make about your business are ones you can stand behind. This applies to text a model wrote for you exactly as it applies to text you typed.
• Your visitors are your responsibility too. If your site collects personal data — a contact form, an enquiry, a booking — you are the one who decides why, and we process it for you. The terms for that are in the DPA. You need your own privacy notice and, where the law requires it, your own consent mechanism.
• Feedback. If you send us suggestions, we may use them to improve the Service without owing you anything for them.

8. Acceptable use#

The full list is in the Acceptable Use Policy, which forms part of these Terms. In summary, you must not use the Service to:

• publish anything illegal where it is read, or anything that infringes somebody else's rights;
• host malware, phishing pages, scams, or anything designed to deceive a visitor about who they are dealing with;
• send spam, or publish material that harasses or endangers people;
• attack, probe or overload our systems, or work around our limits, metering, or security;
• resell raw access to the Service as if it were your own infrastructure, or use it to build a directly competing builder;
• prompt the AI features to produce content that these Terms or the Acceptable Use Policy would forbid you to publish.

Building sites for your own clients is not resale and is expressly allowed — it is what the agency plan is for.

9. Hosting, addresses and domains#

• Every site gets a free address on our domain. Trial sites get one that is generated for them; paid plans can choose the subdomain, subject to availability and to it not being misleading or offensive. We handle the certificate for addresses on our own domain.
• A subdomain is granted, not sold. You do not buy it and you cannot transfer it. We may reclaim one that is unused, that impersonates someone, or that breaches the Acceptable Use Policy — with notice, except where the breach makes notice unsafe.
• We do not sell, resell or manage domain names. If we make it possible to connect a domain you already own, it is a paid feature, you keep the registration in your own name, and you remain responsible for the DNS and for the certificate in front of it. We will tell you what that requires before you change anything.

10. Availability and support#

We want your site to be online every minute, and we run it on established infrastructure to that end. We are not, however, promising a percentage. No uptime guarantee is given by these Terms, and you should not plan around one that has not been agreed with you in writing.

What we do undertake:

• to give reasonable notice of planned maintenance that will take sites offline, and to schedule it for quiet hours where we can;
• to work on an outage that affects published sites as our first priority, ahead of everything else;
• to answer support requests sent to [email protected]. We acknowledge within 24 hours and aim to resolve within 15 days, which is the same commitment we make for privacy and abuse requests.

11. Your data, backups and getting your work out#

• We take backups of site content, and the number kept depends on your plan. Backups are an operational safety net for us, not an archive service for you.
• Keep your own copies of anything you cannot lose. Your site content can be exported in a portable, machine-readable form so that it is yours to take. We do not guarantee that a particular backup can be recovered at a particular moment.
• What we retain after you cancel, and for how long, is set out in the Privacy Policy and Cancellation & Refunds. The short version: when a plan ends, published sites are paused, not deleted.

12. Third-party services#

Running the Service means relying on other companies. The current list, and what each one does, is in the DPA & Subprocessors page — it includes Google for sign-in and AI features, Dodo Payments for billing, Cloudflare for delivery and bot protection, Amazon Web Services for hosting, and providers for email and error monitoring.

Their own terms apply to their own processing. We choose them with care and hold them to obligations that protect your data, but we do not control them, and an outage or a change at one of them can affect the Service. Where a provider stops being suitable we replace it and update that page.

13. Suspension#

Suspension is not something we do lightly, because it takes a customer's website off the internet. We may suspend an account, a site, or a single feature when:

• content on a site breaches the Acceptable Use Policy or the law;
• we receive a valid legal order, or a credible report we are required to act on;
• an account is being used in a way that threatens the security, stability or reputation of the platform or other customers;
• payment has failed, or a chargeback is open;
• we reasonably suspect fraud or account takeover.

What we undertake. Except where the law forbids it or delay would cause real harm, we will tell you what was suspended and why, and we will restrict the narrowest thing that solves the problem — one page rather than one site, one site rather than an account. You can reply to the notice, and we will look again. Suspension for a breach that you fix is lifted when you fix it.

14. Ending the agreement#

• You can leave at any time. Cancel from the billing portal. Your paid features run to the end of the period you have paid for, and the rest is in Cancellation & Refunds.
• We can end this agreement on reasonable notice, or immediately for a serious or repeated breach of these Terms, for fraud, or where continuing would put us in breach of the law.
• If we end it for our own convenience — because we withdraw the Service, for example — we will refund the unused part of a period you have already paid for, and we will give you time to export your content first.
• Sections that are meant to outlive the agreement do: ownership, disclaimers, liability limits, indemnity, governing law, and any amounts already owed.

15. Warranties and disclaimers#

We warrant that we will provide the Service with reasonable care and skill, and that we will not knowingly introduce malicious code into your sites.

Beyond that, and to the maximum extent the law where you live allows, the Service is provided "as is" and "as available". We disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that AI output will be accurate or suited to your purpose, or that the Service will produce any particular business result — visitors, rankings, or sales.

If the law that protects you does not allow a disclaimer this broad, it does not apply to you to that extent. See section 21.

16. Limitation of liability#

Neither of us is liable to the other for indirect or consequential loss, loss of profit, loss of revenue, loss of goodwill, or loss of anticipated savings.

Our total liability to you for everything arising out of or connected with this agreement is limited to the amount you paid us for the Service in the twelve months before the event that caused the claim. Where you have paid us nothing, our liability is limited to a reasonable amount, and the Service is provided free of charge on that basis.

Nothing in these Terms limits liability that cannot lawfully be limited — including death or personal injury caused by negligence, fraud or fraudulent misrepresentation, and any liability your own consumer law says a business cannot exclude.

17. Indemnity#

If someone brings a claim against us because of what you published, what you uploaded, how you used the Service, or because you broke these Terms or the law, you will cover our reasonable costs and any damages we have to pay.

We will tell you about such a claim promptly, we will not settle it without asking you first, and you can take over the defence with a lawyer of your choosing. This does not apply to a claim caused by our own breach of this agreement.

If you are a consumer rather than a business, this section applies only to the extent your own law allows it.

18. Changes to the Service#

The product will change. We add features, retire them, and change how things work. Where we withdraw something you are relying on, we will give reasonable notice and, where a paid plan is materially reduced, the choice of a refund of the unused part of the period rather than being kept on a plan you no longer want.

19. Changes to these Terms#

We may update these Terms. Every version carries a version number and an effective date at the top of this page, so you can always see which one you agreed to.

For a material change we will give notice — by email, in the product, or both — before it takes effect. Continued use after that date means you accept the new version. If you do not, you can cancel, and we will refund the unused part of the period you have paid for.

Where your law requires fresh consent rather than notice, we will ask for it.

20. General#

• Notices. We write to your account email. You write to [email protected] for anything legal, or to our postal address at the top of this page.
• Transfer. You may not transfer this agreement without our consent. We may transfer it to a company that takes over our business, on the same terms.
• If a clause fails, the rest of the agreement carries on without it.
• Not enforcing something once does not mean we give up the right to enforce it later.
• Events outside our control. Neither of us is liable for a failure caused by something genuinely beyond our control — infrastructure failure at a provider, a network outage, a natural event, a government act.
• Nobody else has rights under this agreement except you and us.
• Language. These Terms are written in English. A translation is offered for convenience; the English version governs.
• Whole agreement. These Terms and the documents named in section 1 are the whole of what we have agreed, and they replace anything said before.

21. Where you are#

Sections 1 to 20 apply to every customer, wherever they are. This section says what is different in the places with detailed rules — not because they are the only places we serve, but because they are the ones that spell out an answer.

If you are in India#

We operate from Surat, India, so Indian law governs how we run the Service. Complaints, including about content hosted on the platform, go to Krushang Vachhiyat at [email protected]. We acknowledge within 24 hours and aim to resolve within 15 days.

If you are in the EEA or the UK#

If you bought as a consumer rather than for a business, you keep every right your consumer law gives you: goods and services of satisfactory quality, remedies when they are not, and the cancellation rights described in Cancellation & Refunds. The disclaimers in section 15 and the limits in section 16 apply only so far as that law permits.

If you are in the United States#

Some states do not allow the exclusion of implied warranties or of incidental damages, so parts of sections 15 and 16 may not apply to you. Where your state gives you a specific cancellation or refund right, we follow it. We do not require you to arbitrate, and we do not ask you to give up a claim in your local courts where your law says you cannot.

If you are somewhere else#

The same principle holds. Your own consumer and contract law applies alongside these Terms, and where it gives you more than this document does, it wins. If you are unsure which parts apply to you, write to [email protected] and ask — we would rather answer than have you guess.

22. Governing law and where disputes go#

These Terms are governed by the laws of India, and disputes arising from them go to the courts of Surat, Gujarat, India.

This does not take away rights you have where you live. Consumer protection law in many countries cannot be signed away by a contract, including the right to bring a claim in your own local courts. Where such a right applies to you, it applies regardless of this section, and section 21 stands alongside it rather than being replaced by it.

Before anyone goes to court: write to [email protected] with what happened and what you want. Most disputes are a misunderstanding about one invoice or one suspension, and they are faster to settle in an email than anywhere else.

23. Contact#

Legal: [email protected]. Billing: [email protected]. Support: [email protected]. Abuse reports: [email protected]. Our provider details and postal address are at the top of this page.