Terms of Service

The short version. This summary isn't the agreement. The sections below are.

• Kibble is for businesses and the people who build their sites. If you accept for a company, you're accepting for that company.
• Your forms and responses belong to you. We handle responses only to run Kibble for you, under our Data Processing Addendum. We don't sell them, and they're never used to train AI models.
• You decide what your forms ask, so the answers are your responsibility. Tell people how you'll use them (your site's privacy policy usually does this), and ask for their consent where the law requires it.
• Don't use Kibble for phishing or spam, or to collect passwords, card numbers or ID numbers. The Acceptable Use Policy has the full list.
• Kibble is free during the beta. When paid plans start, you'll only be charged if you choose one.
• Kibble is provided as is, and our liability is limited (sections 13 and 14).
• You can leave at any time and take your data with you.

#1. Who this agreement is with

These Terms of Service are an agreement between Mirio, Inc., a Delaware corporation that makes Kibble ("Kibble", "we", "us"), and the organization or person using Kibble ("you").

If you accept these Terms on behalf of an organization, such as your employer or a client you build sites for, you confirm that you're authorized to bind it, and "you" means that organization. If you aren't authorized, don't accept.

Kibble is for business use. You must be at least 18, and you use Kibble for your trade, business or profession, not as a consumer. Nothing in these Terms takes away rights you have under consumer laws that can't be waived.

What makes up the agreement. The agreement is made of these Terms and the documents they include:

• the Acceptable Use Policy;
• the Data Processing Addendum ("DPA"), whenever Kibble processes personal data for you;
• any order form that both of us sign.

If these conflict, the DPA wins on how we handle personal data, and a signed order form wins on what it specifically covers. Otherwise these Terms win.

#2. Words we use

• Service: Kibble's dashboard, API and Slack app, the kibbleforms package and command-line tool, and the documentation.
• Workspace: your account in the dashboard. It holds your sites (also called projects) and their forms. Members are the people you invite to it.
• Visitors: the people who fill in your forms.
• Responses: what Visitors submit through your forms, plus the details Kibble records with them, such as the time, the page and spam signals.
• Your Content: your form definitions and settings, your Responses, and anything else you or your Members give us through the Service.
• Triage: Kibble's AI features, which read Responses to summarize, categorize and assess them for you.
• Destinations: the places you tell Kibble to send Responses: email, Slack, webhooks or your own database.
• Agent: an AI coding agent, script or other software acting for you.

#3. Your account and your team

• Give us accurate information, and keep your sign-in and API keys secure. You're responsible for what happens under your Workspace and keys.
• If you think an account or key has been compromised, rotate the key and tell us at [email protected].
• You decide who joins your Workspace. Members use Kibble under your agreement, and you're responsible for making sure they follow it.
• Agents. You can use Agents to set up and run Kibble. Anything an Agent does with your projects or keys counts as done by you. This includes creating sandbox projects before anyone has signed up.

#4. Sandbox projects

An Agent can create a sandbox project without an account, for example by running npx kibbleforms init, so you can try Kibble while you build.

• Local only. Sandbox projects accept Responses from localhost only.
• No commitments. They come with no commitments of any kind.
• Responses deleted after 72 hours. Responses sent to them are deleted 72 hours after they arrive, unless someone claims the project first.
• Test data only. Don't send real people's personal data to a sandbox.

These Terms apply to sandbox use. When you claim a sandbox project, it joins your Workspace.

#5. Your content and your data

You own Your Content. You give us permission to host, copy, process, send and display Your Content only as needed to:

• provide the Service to you;
• keep it secure and prevent abuse;
• do what you instruct, such as sending Responses to your Destinations or to the people you choose.

We don't sell Your Content. Responses are never used to train AI models, ours or anyone else's.

Personal data. For personal data in Your Content, we act as your processor (a "service provider" under US state laws), and the DPA applies. Our Privacy Policy covers the personal data we handle for ourselves, such as your account details.

What you're responsible for. You decide what your forms ask and what happens to the answers. In privacy law that makes you the one in charge of that data (the "controller"), and us the service that handles it for you. So it's up to you to:

• collect only what you have a good reason and the right to collect;
• tell Visitors how you'll use their answers, usually in your site's privacy policy, which should mention the services you use, including Kibble;
• ask for consent where the law requires it, for example in the EU before storing information in a visitor's browser for marketing;
• answer Visitors who ask to see or delete their data. You can export and delete Responses in the dashboard, and we'll help with anything you can't do there.

Sensitive data. Kibble isn't built for highly sensitive data. Don't use it to collect passwords, payment card numbers or government ID numbers. Don't use it for health information covered by HIPAA either, since we don't sign business associate agreements. The Acceptable Use Policy covers other sensitive data.

Usage data. We collect information about how the Service is used, such as counts, feature use, performance and errors. We use it to run, secure and improve Kibble. We only share it outside Kibble in aggregate form that doesn't identify you, your Members or your Visitors. Usage data never includes the content of Responses.

Feedback. If you send us ideas or suggestions, we can use them without any obligation to you.

#6. AI features

Triage uses AI models from third-party providers, listed on our Subprocessors page, to summarize, categorize and assess Responses.

• Triage can be wrong. It's there to help your team understand and prioritize what comes in. It doesn't decide anything for you, so check what matters before acting on it.
• How your data is used. We send the providers only what they need, and they may not train their models on it. You can turn Triage off for any form.
• What it's for. Triage is for handling sales, support and other inbound messages. Don't use it as the only basis for decisions with legal or similarly significant effects on a person, such as hiring, credit, housing, insurance, education or access to essential services.
• Spam. Spam filtering, with or without Triage, can miss spam or flag a real Response, so check your spam from time to time.

#7. Destinations and other services

When you connect a Destination, such as Slack, a webhook, a database or an email address, Kibble sends Responses there because you told it to. Those services are covered by your own agreements with their providers. We aren't responsible for them, for their availability, or for what they do with the data we send them. If a delivery fails, Kibble retries it for a limited time.

#8. The kibbleforms package

The kibbleforms npm package, including the components it copies into your code, is open source under the MIT license. That license, not these Terms, governs your use of the package's code. These Terms govern the hosted Service it connects to.

#9. Acceptable use

Follow the Acceptable Use Policy. Also:

• Don't try to get around the Service's limits or security.
• Don't interfere with other customers.
• Don't access the Service in ways the documentation doesn't describe, for example by scraping the dashboard.
• Don't resell access to the Service itself without our written agreement.

Agencies and freelancers are welcome to use Kibble for their clients' sites.

#10. The beta, plans and fees

Free during the beta. Kibble is in beta and costs nothing during it.

• Features may change. Beta features can change or go away.
• No service level. The beta comes with no uptime commitment or service-level agreement.
• Limits. The beta has usage limits, shown on our pricing page and in Settings → Usage.

When paid plans start, we'll tell Workspace owners before anything changes. You won't be charged unless you choose a paid plan and give payment details. If you don't choose one, you can stay on any free plan we offer, within its limits, or export your data and leave.

Paid plans:

• Billing. Fees are billed in advance for each monthly or yearly period, and the plan renews until you cancel.
• Cancelling. If you cancel, the plan runs to the end of the period you've paid for.
• Refunds. Fees aren't refundable except where these Terms or the law say otherwise.
• Taxes. Prices don't include taxes. You pay any sales tax, VAT or similar taxes that apply, other than taxes on our income.
• Price changes. We'll give at least 30 days' notice of a price change. It applies from your next renewal.
• Late payment. If a payment fails and isn't fixed within 14 days of our notice, we may move you to a free plan or suspend paid features.

Over a limit. If you go over your plan's limits, we may contact you, ask you to change plans, or limit features such as Triage until the next month.

#11. Suspension

We may suspend all or part of the Service for you, such as a single form, if:

• you or your Members break the Acceptable Use Policy;
• there's a security threat to the Service, to other customers or to Visitors;
• your use exposes us or others to legal liability;
• fees are overdue as described in section 10.

When we suspend:

• We keep it narrow. We'll limit the suspension to what's needed.
• We tell you why. We'll explain the reason and how to respond, unless the law forbids it or telling you would help someone abuse the Service.
• We restore it. We'll restore access promptly once the problem is fixed.

You can reply to any notice to contest it, and a person will review your reply.

#12. Ending the agreement

You can stop using Kibble at any time. You can delete Responses and sites in the dashboard. Owners can delete a Workspace in Settings → General, and anyone can delete their own account in Settings → Profile. Deleting a Workspace ends this agreement for it.

We can end the agreement:

• For a breach. We may end it if you materially breach it and haven't fixed the breach within 30 days of our notice.
• Straight away. We may end it immediately for serious or repeated breaches of the Acceptable Use Policy.
• For any reason. We may end it for any other reason with 30 days' notice. If we do, we'll refund any fees you've paid for time after the end.
• If Kibble shuts down. If we discontinue the Service, we'll give the same 30 days' notice and refund.

Your data afterwards.

• Export window. For 30 days after the agreement ends you can still export Your Content. This doesn't apply if we ended the agreement because of illegal or harmful use, or if you deleted the Workspace yourself: that deletes its content straight away, so export first.
• Deletion. After that, we delete Your Content from the live system within 30 days. Copies in backups are deleted as the backups expire, within another 30 days.

Unused free Workspaces. If a free Workspace has had no sign-ins and no Responses for 12 months, we may delete it. We'll email its owners at least 30 days before we do.

Sections 5 (on feedback and usage data), 12, 13, 14, 15, 16, 18 and 19 keep applying after the agreement ends.

#13. What we promise, and what we don't

We'll provide the Service with reasonable skill and care. We'll keep the security measures described on our Security page and won't materially weaken them.

Apart from that, the Service is provided "as is" and "as available". To the extent the law allows, we make no other promises, express or implied, including that the Service:

• will be uninterrupted or error-free;
• is fit for a particular purpose;
• doesn't infringe anyone's rights.

We also don't promise:

• that Triage is accurate;
• that spam filtering catches everything or never flags a real Response;
• that every delivery to a Destination will arrive.

This applies even more to beta features and sandbox projects.

#14. Limits on liability

To the extent the law allows:

• No indirect losses. Neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages. Nor are we liable for lost profits, revenue, goodwill or data. This holds even if the other party was told such damages were possible.
• Overall cap. Each party's total liability for all claims under this agreement is limited to the greater of:
  • the amount you paid us in the 12 months before the event that gave rise to the claim; and
  • US $100.

These limits don't apply to:

• your obligation to pay fees;
• your obligations under section 15;
• your breach of the Acceptable Use Policy;
• either party's fraud or wilful misconduct;
• any liability that can't be limited by law.

#15. If someone makes a claim about your use

You'll defend us against any claim by a third party, and pay the damages, settlements and reasonable costs that result, to the extent the claim arises from:

• Your Content, including how it was collected and what you told Visitors;
• what you do with Responses, including through your Destinations;
• your or your Members' breach of the Acceptable Use Policy or the law.

What we'll do:

• tell you promptly about the claim;
• let you control the defense;
• help you at your expense.

You may not settle a claim in a way that admits fault on our behalf or obliges us to do anything, unless we agree.

#16. Confidentiality

Each of us will keep the other's non-public information confidential. Each will use it only for this agreement and share it only with people who need it for that purpose and who are bound to keep it confidential. Your Content is your confidential information.

This doesn't cover information that:

• is or becomes public through no fault of the party receiving it;
• that party already had or developed independently;
• that party received lawfully from someone else.

If the law requires either of us to disclose the other's confidential information, that party will give notice first where the law allows.

#17. Changes

To the Service. Kibble will change over time. If we remove a significant feature you're paying for, we'll give you at least 30 days' notice.

To these Terms. We'll post changes on this page and update the date at the top.

• Notice. For material changes we'll email Workspace owners at least 30 days before they take effect. Changes required by law, and terms for new features, can take effect sooner.
• Agreeing again. For some changes we'll ask you to accept the new terms in the dashboard.
• If you don't agree. Stop using Kibble before the changes take effect, and we'll refund any fees you've paid for the remaining time.

#18. Law and disputes

• Talk to us first. If you have a dispute with us, please write to [email protected] first. We'll both try to resolve it in good faith within 30 days.
• Governing law. This agreement is governed by the laws of the State of Delaware, without regard to its conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods doesn't apply.
• Where disputes go. Disputes go exclusively to the state and federal courts located in Delaware, and both of us agree to their jurisdiction.
• No jury. Both of us waive the right to a jury trial.
• Urgent relief. Either of us can seek an urgent court order anywhere to protect confidential information or intellectual property.

#19. Everything else

• Notices. We'll send notices to your Workspace owners' email addresses or show them in the dashboard. You can send notices to [email protected].
• Assignment. Neither of us can transfer this agreement without the other's consent. Either of us can transfer it, with notice, as part of a merger, acquisition or sale of all or most of the business or assets involved.
• Subcontractors. We use other companies to provide the Service, listed on our Subprocessors page. We're responsible for their work on our behalf.
• Publicity. We may name you as a customer and show your logo on our website and in marketing. If you'd rather we didn't, tell us and we'll stop.
• Events beyond our control. Neither of us is liable for delays or failures caused by events beyond reasonable control, such as outages of internet or cloud providers, natural disasters, war or government action. This doesn't cover payment obligations.
• Sanctions and export. You confirm you're not located in, or acting for anyone in, a country or region under comprehensive US sanctions, and that you're not on a US government restricted-party list.
• The whole agreement. This agreement is everything we've agreed about the Service. It replaces earlier discussions on the same subject. Terms in your purchase orders or other documents don't apply.
• Severability and waiver. If part of this agreement can't be enforced, the rest still applies. Not enforcing a right now doesn't waive it.
• Independent parties. We're independent contractors. Nothing here creates a partnership, employment or agency relationship, and no one else has rights under this agreement.

#Contact

Write to [email protected] about anything: these Terms, your account, privacy and data requests, or a Kibble form being misused. Report security issues to [email protected].