Terms of Service

KITE PROVIDES GENERAL HEALTH INFORMATION AND LOGISTICAL ASSISTANCE ONLY. IT IS NOT A DOCTOR, AND NOTHING IT PROVIDES IS MEDICAL, DIAGNOSTIC, TREATMENT, MENTAL-HEALTH, LEGAL, FINANCIAL, OR INSURANCE ADVICE. USING THE SERVICE DOES NOT CREATE A DOCTOR-PATIENT OR ANY OTHER PROFESSIONAL-CLIENT RELATIONSHIP. THE SERVICE IS NOT FOR EMERGENCIES AND IS NOT MONITORED IN REAL TIME. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM. IF YOU ARE IN CRISIS OR THINKING OF HARMING YOURSELF, CALL OR TEXT 988 (THE SUICIDE & CRISIS LIFELINE).

Kite does not diagnose, treat, or assess medical conditions. Because it is powered by AI, its output may be inaccurate, incomplete, or out of date, and it may “hallucinate” — produce confident statements that are wrong. The Service is not a substitute for the judgment of a licensed clinician or other qualified professional. Always consult a qualified professional before making decisions about your health, finances, or insurance, and never disregard or delay professional advice because of something Kite said. Your reliance on the Service is at your own risk.

The free plan is free. Paid plans (currently Pro at $20/month and Max at $100/month) are billed through our payment processor, Stripe, on a recurring monthly basis that renews automatically until you cancel. By starting a paid plan, you authorize us and Stripe to charge your payment method the then-current fee, plus any applicable taxes, at the start of each billing period. Before any charge, the recurring-billing terms (the amount, the monthly renewal cadence, and how to cancel) and your separate, affirmative consent to the recurring charge are presented to you at checkout.

You may cancel at any time from your account page; cancellation is designed to be at least as easy as signing up, takes effect at the end of the current billing period, and you keep access until then. Except where required by law, fees already charged are non-refundable, and we do not provide partial-period refunds. We will send you reminder and price-change notices where required by law; any price change will not take effect until your next billing period after we notify you. We may offer free trials or promotions; unless stated otherwise, at the end of a trial a paid plan begins automatically at the then-current price unless you cancel first.

Kite is delivered primarily over text message (SMS via our carrier and, where available, iMessage). By providing your mobile number and opting in, you consent to receive automated and AI-generated text messages from Kite at that number — including replies, the reminders and updates you ask for, and account and transactional messages. Consent to marketing messages is not a condition of purchasing anything.

Message frequency varies based on your use. Message and data rates may apply. Reply STOP at any time to opt out of messages, or HELP for help; you may also opt out by any reasonable means. Reply DELETE to erase your data (see the Privacy Policy). Mobile carriers are not liable for delayed or undelivered messages. How we handle your mobile information is described in our Privacy Policy.

You retain ownership of the messages, photos, documents, and other content you provide (“Your Content”). You grant us a limited, non-exclusive, worldwide license to host, process, and use Your Content solely to operate, provide, secure, and support the Service for you — including processing it with the AI and other service providers described in our Privacy Policy. We do not sell Your Content, we do not use your health information to show you advertising, and we do not use it to train generalized AI models — any materially different use would require your separate, explicit consent. You represent that you have the right to provide Your Content, including any information about another person you submit.

If you choose to send us feedback or suggestions about the Service, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use them for any purpose without any obligation to you. This does not change our commitments regarding Your Content above.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, GROUNDING LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE, OR ANY AI-GENERATED INFORMATION OR ACTION, WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR AVAILABLE. NO ADVICE OR INFORMATION OBTAINED FROM THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.

TO THE FULLEST EXTENT PERMITTED BY LAW, GROUNDING LLC AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, OR FOR ANY HARM ARISING FROM YOUR RELIANCE ON THE SERVICE OR ANY AI-GENERATED INFORMATION OR ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits liability or waives remedies that cannot be limited or waived under applicable law, including liability for gross negligence, fraud, or willful misconduct, and including any remedies that cannot be limited under the Texas Deceptive Trade Practices–Consumer Protection Act.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS GROUNDING LLC AND ITS OFFICERS, MEMBERS, AND EMPLOYEES FROM ANY CLAIMS, DAMAGES, LOSSES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF YOUR MISUSE OF THE SERVICE, YOUR VIOLATION OF THESE TERMS OR OF ANY LAW, OR YOUR SUBMISSION OF ANOTHER PERSON’S INFORMATION WITHOUT AUTHORIZATION — INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF GROUNDING LLC, TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW. WE MAY ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL COOPERATE WITH US.

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND GROUNDING LLC TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES CLASS ACTIONS AND JURY TRIALS. IT INCLUDES A 30-DAY RIGHT TO OPT OUT.

16.1 Informal resolution first. Before starting an arbitration, you agree to first email us a description of your dispute at legal@grounding.dev and give us 60 days to try to resolve it informally. Any limitations period is tolled while the parties attempt this resolution.

16.2 Agreement to arbitrate. You and Grounding LLC agree that any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (and, for many similar claims, its Mass Arbitration Supplementary Rules and Mass Arbitration Fee Schedule), and not in court. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator, and not any court, has exclusive authority to resolve any dispute relating to the interpretation, scope, applicability, enforceability, or formation of this arbitration agreement, except that a court has authority to decide the limited question whether the parties entered into this agreement at all.

16.3 CLASS-ACTION WAIVER. YOU AND GROUNDING LLC AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. THIS WAIVER IS NOT SEVERABLE FROM THE AGREEMENT TO ARBITRATE: IF IT IS FOUND UNENFORCEABLE AS TO ANY CLAIM, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO THAT CLAIM, AND THAT CLAIM WILL PROCEED IN COURT (WHERE THE CLASS WAIVER AND JURY WAIVER STILL APPLY); ALL OTHER CLAIMS REMAIN IN ARBITRATION.

16.4 Mass arbitration. If 25 or more similar demands for arbitration are asserted against Grounding LLC by or with the assistance of the same or coordinated counsel, the parties agree the demands shall be administered under the AAA Mass Arbitration Supplementary Rules, using a bellwether process: a limited number of cases shall be selected and arbitrated first, followed by mediation of the remaining cases, with all applicable limitations periods tolled for the non-bellwether cases during this process.

16.5 Exceptions and opt-out. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property, confidential information, or the security and integrity of the Service. You may opt out of this arbitration agreement within 30 days after you first accept these Terms by emailing legal@grounding.dev with your phone number and a statement that you opt out of arbitration. Opting out will not affect any other part of these Terms.