Terms of Service

1. Who we are

The Service is operated by Klizeny Studio (to be completed), to be completed, to be completed. Contact: kaivo-support@kaivoia.site. Full details are in the Legal notice.

2. The Service

• Create with Byte: you describe a website, Byte (an AI system) writes the code, you see a live preview, change it with words, download it, push it to GitHub or publish it.
• Chat and Code modes: questions, explanations and small pieces of code.
• Kaivo CLI: a program for your terminal that reads your project, edits files and runs commands after asking you.
• Hosting of the websites you publish at an address such as yourname.kaivoia.site.

The Service changes over time. If we remove or substantially reduce a paid feature during a period you have already paid for, we will tell you in advance and you may end your subscription and get a refund for the unused period.

3. Your account

• You must be at least 15 years old. If you are under 18, you need the permission of a parent or guardian to buy a plan or credits.
• Give accurate information and keep your sign-in methods secure. Tell us without delay if you think someone else is using your account.
• Your account is personal. You may not sell or share access to it.

4. Artificial intelligence

Byte and the other assistants of the Service are AI systems, not people. Their answers are generated automatically and can be wrong, incomplete, out of date, or similar to existing content. Check what Byte produces, especially code that handles payments, personal data or security, before you rely on it or publish it.

Your requests are processed by the AI model providers listed in our Privacy Policy. We do not train AI models on your content.

If you publish AI-generated text, images, audio or video that could mislead people into thinking they are real or written by a human (for example a realistic image of a real person, or an article on a matter of public interest), you must say clearly that it was generated by AI, as required by the EU Artificial Intelligence Act.

5. Your content and what Byte creates

You keep all your rights in what you send us (text, images, logos, files). To the extent the law grants rights in what Byte generates for you, those rights are yours: you may use, change and sell your websites and code, including commercially.

You give us a non-exclusive, worldwide, free licence to store, process, copy and display your content only to run the Service for you (for example to show your preview or serve your published website). This licence ends when you delete the content or your account, except for copies we must keep by law.

You confirm that you have the rights needed for what you upload (for example the logo or photos of your business).

6. Websites you publish

You are the publisher of the websites you publish with Kaivo and you are responsible for their content. Depending on what your website does, you may need your own legal notice, privacy policy, cookie information or terms of sale. Byte can help you draft them, but checking them is up to you.

For these websites, we act as a hosting service within the meaning of the EU Digital Services Act (DSA). We do not check content before it is published. Anyone can report illegal content to us through our reporting page; we handle reports promptly and may remove or disable access to content that is illegal or breaks these Terms.

7. What you may not do

You may not use the Service to:

• create, publish or share illegal content, including child sexual abuse material, terrorist content, hate speech or content that infringes someone else's rights;
• build phishing pages, malware, scams or websites that impersonate a person, a brand or an organisation;
• create deceptive deepfakes or non-consensual intimate images;
• collect personal data without a legal basis, or send spam;
• attack, overload, scrape or reverse-engineer the Service, or get around usage limits, rate limits or security measures;
• resell access to the Service without our written agreement.

8. Moderation, suspension and complaints

If content or an account breaks the law or these Terms, we may remove the content, restrict features, or suspend or close the account. Our decisions are proportionate. Unless the law forbids it, we tell you what we did and why (a statement of reasons), and how to contest it.

You can contest a decision for six months by writing to kaivo-support@kaivoia.site: a person will review it and reply. You may also go to a certified out-of-court dispute settlement body under Article 21 of the DSA, or to the courts.

9. Prices, usage limits and payment

• Prices are shown in euros, including VAT where applicable, on the Pricing page and before you pay.
• The Service is free within a usage limit. Paid plans raise that limit, per 5-hour session and per week, as described on the Pricing page at the time of purchase.
• Payments are handled by PayPal. We never see or store your card number.
• Subscriptions renew automatically every month until you cancel. You can cancel at any time, online, in a few clicks from your account page or from PayPal. Cancellation stops future payments and takes effect right away: your account goes back to the free plan.
• If we change the price of your subscription, we tell you at least 30 days before it applies, and you may cancel before then.

10. Right of withdrawal (EU consumers)

As a consumer, you have 14 days from the purchase to withdraw from a subscription, without giving a reason. To do so, send us a clear statement (for example with the model form below) at kaivo-support@kaivoia.site. We refund you within 14 days, using the same payment method.

• When you subscribe, you ask us to give you the higher limits immediately. If you use the Service under your paid plan during the 14 days, you agree that the service starts right away: the refund is then reduced in proportion to the period already provided, as allowed by article L221-25 of the French Consumer Code.

11. Legal guarantee of conformity

The Service must conform to these Terms and to what we described. If it does not, consumers benefit from the legal guarantee of conformity for digital content and services (articles L224-25-12 and following of the French Consumer Code): you can ask us to fix the problem, and if we cannot, ask for a price reduction or end the contract. For a subscription, the guarantee lasts as long as the subscription.

12. Availability

We work to keep the Service available, but it may be interrupted for maintenance, incidents or reasons outside our control (for example an AI model provider being down). Keep your own copies of important work: you can download every project as a ZIP or push it to GitHub.

13. Liability

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud, for gross negligence or wilful misconduct, or the rights consumers have by law. As a consumer, we are liable to you for foreseeable damage caused by our breach of these Terms.

If you use the Service as a business, and except in those cases, our total liability is limited to the amounts you paid us in the 12 months before the event, and we are not liable for indirect damage such as loss of profit or business.

14. Ending the contract

You can stop using the Service and ask us to delete your account at any time from your account page or by e-mail. We may end the contract if you seriously or repeatedly break these Terms, after telling you why, or without notice where the law or the safety of others requires it. Before your account is deleted, you can download your projects.

15. Changes to these Terms

We may update these Terms. For important changes, we tell you by e-mail or in the Service at least 30 days before they apply. If you do not agree, you can close your account before that date; paid periods not yet used are refunded.

16. Disputes and applicable law

Please contact us first: most problems are solved quickly. If we cannot agree, consumers can use the consumer mediator free of charge: to be completed.

These Terms are governed by French law. If you are a consumer living in another EU country, you keep the protection of the mandatory rules of your country, and you may bring a case before the courts of the place where you live.

17. Contact

Questions about these Terms: kaivo-support@kaivoia.site.