You are interacting with an AI system. Kiteworks agents use one or more large language models to generate their output automatically. That output may be incorrect, incomplete, or misleading, and you are responsible for checking it before you rely on it. This notice is provided for the purposes of applicable AI-transparency laws, including Article 50 of Regulation (EU) 2024/1689 (EU AI Act).
Business use only. The marketplace and its agents are made available to organizations and to individuals acting in the course of their business or profession. They are not intended for consumers or for private, non-commercial use.
Preview offering. The marketplace and its agents are an early-access offering made available during a proof-of-concept phase. Agents, the marketplace, and these terms may change, be suspended, or be withdrawn at any time.
License. Agent source code published in the Kiteworks public repository is licensed under the open-source license stated in that repository, and that license governs your rights in that code. Kiteworks separately grants you a limited, revocable, non-exclusive, non-transferable license to access and use the marketplace website and any components not published under an open-source license, for your organization's internal business purposes. Open-source components included in an agent are licensed under their own terms, which are identified in the repository and prevail for those components. All rights not expressly granted are reserved.
NO WARRANTY. This agent is provided "as is" and "as available", without warranties of any kind, express or implied — including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement. Some jurisdictions do not allow certain warranties, conditions, or statutory guarantees to be excluded; there, this exclusion applies only to the extent permitted, and rights that cannot lawfully be excluded — including any non-excludable statutory guarantees under the Australian Consumer Law — are not affected. Where liability for such a guarantee may lawfully be limited, it is limited to re-supplying the relevant service or paying the cost of re-supply.
Not professional advice; not a certification. Nothing this agent produces is legal, financial, medical, tax, or other professional advice. No output is a compliance certification, audit opinion, or legal determination of compliance with any law, standard, or framework — regardless of how the output is phrased — and reflects only what that agent was designed to check.
You review outputs. You, on behalf of your organization and its users, accept sole responsibility for reviewing, verifying, and deciding whether to act on, share, or submit anything this agent produces — including to an auditor or regulator — before doing so.
Security boundary. Agents may operate within or outside Kiteworks' security architecture. Protections that apply inside the platform do not automatically extend to an agent running outside it.
Third-party AI services. Agents run on third-party large language models (for example, Anthropic's Claude models) through your own AI provider account. Data an agent processes is handled under your agreement with that provider and, for Kiteworks content, within your own Kiteworks tenant under your existing Kiteworks agreement. This marketplace website is not in that data path: it does not receive, process, or store the content an agent reads or the output it produces. Your use must also comply with the provider's terms and acceptable-use policies.
Not FedRAMP authorized. No agent in this marketplace is FedRAMP authorized. Do not use any agent within a FedRAMP-authorized boundary or with data subject to FedRAMP requirements.
Not within ISO 27001 / SOC 2 scope. This marketplace, its agents, and their outputs are outside the scope of Kiteworks' ISO 27001 certification and SOC 2 report. Do not present an agent's output as evidence of your own or Kiteworks' certification status.
Export control and sanctions. The agents and the marketplace are subject to U.S. export control and sanctions laws, including the Export Administration Regulations and OFAC sanctions programs, and may be subject to equivalent laws elsewhere. You confirm that you are not located in an embargoed jurisdiction, are not on any applicable denied-party list, and will not use, export, or re-export any agent in violation of these laws.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, Kiteworks is not liable for any loss, damage, or regulatory exposure — including indirect, incidental, special, consequential, exemplary, or punitive damages, and loss of profits, revenue, data, or goodwill — arising from your use of an agent or reliance on its output. To the maximum extent permitted by applicable law, Kiteworks' total aggregate liability arising out of or relating to the marketplace or any agent will not exceed the greater of (a) the amounts paid by you to Kiteworks for the agent giving rise to the claim (the agents are currently provided at no charge) and (b) US$100. Nothing in these terms excludes or limits liability that cannot be excluded or limited under applicable law — including liability for wilful misconduct or gross negligence, for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, or under mandatory product-liability law.
Governing law and venue. These terms are governed by the laws of the State of California, excluding its conflict-of-laws rules; the United Nations Convention on Contracts for the International Sale of Goods does not apply. The state and federal courts located in San Mateo County, California have exclusive jurisdiction over disputes arising out of these terms, and each party consents to personal jurisdiction and venue there. Mandatory rights or forums granted to you by the law of your own jurisdiction are not affected where they cannot lawfully be waived.
General. If any provision of these terms is found unenforceable, it will be enforced to the maximum extent permitted and the remainder will remain in effect. These terms are the entire agreement between you and Kiteworks for the marketplace and the agents; they do not modify any separate agreement governing your Kiteworks products, and there are no third-party beneficiaries. A failure to enforce a provision is not a waiver. Kiteworks may update these terms by publishing a new version; you will be asked to accept the new version before your next install.
Contracting entity. The Kiteworks entity providing the marketplace and the agents, and your counterparty under these terms, is Kiteworks USA, LLC, a Delaware limited liability company, with a place of business at 1510 Fashion Island Blvd, Suite 100, San Mateo, CA 94404.
How your acceptance is recorded. Your acceptance is stored in a cookie on your own device, together with the version of these terms and the date you accepted them. Because this is specific to your device, if you install from a new laptop or a new browser you will be asked to accept these terms again — this is expected, not an error. The cookie is used only to record this acceptance; it does not identify you, does not track you across websites, and is not used for advertising or analytics.
Use at your own risk, subject to any rights and remedies that applicable law does not allow to be excluded.
I have read and accept these terms.