Content License Agreement
Definitions
"Content" means all materials, including but not limited to 3D models, templates, images, animations, and other digital assets, made available through the Site.
"Site" means the Kite website, application, and services.
"Imports" or "Your Imports" means any designs, images, videos, or other materials you upload or import into the Site.
"Exports" or "Your Exports" means any customized images, videos, or animations created using the Site that combine Your Imports with our Content.
"User" or "you" means the individual or entity agreeing to this Agreement.
Modifications to Agreement
Kite reserves the right to modify this Content License Agreement at any time in its sole discretion. Any modifications will be effective immediately upon posting on the Site. Your continued use of the Site after any modifications indicates your acceptance of the modified Agreement. It is your responsibility to regularly review this Agreement.
Design Imports
You may import Imports into Kite for the purpose of creating Exports. You retain all rights to Your Imports. By default, Your Imports are stored locally on your computer. Certain optional features may require server-side processing or storage, which will be clearly indicated when applicable.
Export License
Subject to this Agreement, Kite grants you a non-exclusive, non-transferable, non-assignable, perpetual, irrevocable (except as stated herein), royalty-free, worldwide license to use Your Exports.
Your Exports:
- Are yours to keep and use even after termination of your subscription
- May be used in an unlimited number of end products
- May be used commercially
- May be shared on social media platforms
- May be used to promote your own business, organization, product or service
On the "Pro" plan, your Exports may not be resold or relicensed to anyone else.
If you wish to resell Exports to end-clients, please contact support@kite.video to discuss licensing options.
This license remains in effect unless revoked by Kite for:
- Use of Your Exports for any unlawful purpose or in violation of this Agreement
- Content removal as described below
- Violation of export control laws or regulations
- Use in prohibited jurisdictions as determined by Kite
Your Exports represent a combination of our Content and your Imports. Kite maintains ownership of all Content. You are NOT granted an exclusive right to any Content. Kite may license Content to other entities. You may not attempt to decrypt, decipher, reverse engineer or otherwise obtain a copy of any Content.
Prohibited Uses
You may not:
- Create Exports without providing Imports (each Export must incorporate your own design, image, or video)
- Use generic placeholder media as Imports (including but not limited to transparent images, motion tracking markers, solid colors, gradients)
- Use Your Exports to create templates for use outside of the Site
- Remove watermarks from Your Exports if they include one
- Use our Content, Site, or your Exports to create a similar service, tool, or company
- Create Exports which are unlawful, defamatory, or pornographic in nature
- Create Exports which infringe upon the intellectual property rights of any third party
- Use the Site or Exports in violation of any applicable export control laws
- Access the Site through unauthorized means, including but not limited to automated scripts or API calls without explicit permission
User Accounts
Each Kite license is for use by a single individual User. You may not share login credentials or allow multiple people to use your account. Each person requiring access must have their own license. For team licensing options, contact support@kite.video.
Content Removal
Kite reserves the right, in its sole discretion, to remove Content from the Site at any time and for any reason. If you receive notice from Kite that Content has been removed, or if you determine that any Content used in your Exports may be subject to a claim of intellectual property infringement, you agree to:
- Immediately cease use of affected Exports
- Permanently destroy all copies in your possession or control
- Ensure that your employers, distributors, clients, and anyone else with access does the same
Subject to this Agreement, Kite will provide free replacement Exports of comparable value, as determined by Kite in its sole discretion.
Limitation of Liability
Kite shall have no liability for:
- Any modification, suspension, or discontinuance of any Content
- Requiring removal of any Exports containing such Content
- Loss of data or business interruption
- Any damages arising from your use or inability to use the Site or Exports
- Force majeure events beyond our reasonable control
Indemnification
You agree to indemnify, defend, and hold harmless Kite and its officers, directors, employees, agents, and licensors from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the Site or Exports
- Your violation of this Agreement
- Your violation of any third-party rights
- Any claims related to Your Imports
Intellectual Property Rights
You are solely responsible for ensuring Your Exports comply with all applicable laws and do not infringe any third-party rights (including but not limited to copyright, trademark, patent rights). This includes ensuring proper rights and permissions for any real-world products, marks, or brands depicted in Your Exports.
Promotional Rights
By using the Service, you grant Kite permission to use your company name, logo, and other marks for customer identification purposes on our website and marketing materials. We will obtain explicit permission before using your marks in case studies or testimonials. Email support@kite.video to request removal of your marks.
Third-party marks on the Site do not imply endorsement or affiliation.
Survival
Sections regarding Content ownership, Export license, Content removal obligations, limitation of liability, and indemnification shall survive any termination of your subscription or this Agreement.