Terms of Service

These terms are an agreement between you and CYANKIWI LTD. You accept them, including the documents listed in clause 2, when you open an Account or use the Service.

1. Who we are

The Service is operated by CYANKIWI LTD, a private limited company registered in England and Wales with company number 16974010, whose registered office is at 64 Nile Street, International House, London N1 7SR, United Kingdom (“we” or “us”).

Questions about your Account go to support@cyan.kiwi, data protection matters to privacy@cyan.kiwi, and misuse reports to abuse@cyan.kiwi. Contracts, subpoenas, formal legal notices and law enforcement process go to legal@cyan.kiwi.

2. This agreement

This agreement consists of these terms, the Acceptable Use Policy and the Data Processing Addendum. The Data Processing Addendum applies whenever content you send us contains personal data, and includes its annexes and the Content Data table of the sub-processor register, which lists the sub-processors you authorise. You accept all of these documents when you accept these terms.

3. Definitions

Account is the account you open to use the Service. Service is everything we provide at cyan.kiwi and api.cyan.kiwi: the shared inference API, Deployments and the workspace agent. Deployment is a private inference endpoint running a model you choose. The workspace agent is the AI agent at cyan.kiwi that plans, starts and stops Deployments for you. Credits are the prepaid balance on your Account. A consumer is an individual acting for purposes outside their trade, business or profession.

4. Eligibility and Accounts

You must be 18 or over to use the Service. If you are under 18, you may not open an Account, use an API key, or use the Service through anyone else’s Account. We may close an Account we believe belongs to someone under 18.

By opening an Account, you confirm that you are at least 18, that your Account information is accurate, and that you can enter into these terms. If you open an Account for a business, you confirm that you have authority to bind it.

You are responsible for your API keys and for everything done with them. You may close your Account at any time by emailing privacy@cyan.kiwi from the email address on the Account.

5. The Service

Responses from the Service, including the workspace agent’s messages, are generated by AI, can be wrong or incomplete and are not professional advice; you are responsible for how you use them, and we give no indemnity for them.

The workspace agent acts only on your instructions. You are responsible for the Deployments you confirm, and for their charges until they are stopped.

6. Acceptable use

You must comply with the Acceptable Use Policy, and so must anyone who uses the Service through you. If you give others access to the Service, you are responsible for what they do.

You are responsible for deciding whether the Service meets the obligations that apply to the data you send.

7. Credits, fees and taxes

Prices. Prices are published on the Service and are exclusive of tax. Shared inference API requests are charged per token. Deployments are charged for the time their workers run, at the hourly rate shown before you confirm them. We may change prices; new prices apply only to usage after they are published, and a Deployment keeps the rate it was confirmed at.

Taxes. Where VAT or a similar tax applies, it is calculated by our payment processor, Stripe, from your billing address or location, and added to the final price at checkout, before you pay. If you buy as a business and give a valid tax ID, the reverse charge may apply.

Credits. Credits are made available immediately when your payment succeeds, and usage is deducted from them. When your balance reaches zero, new requests are rejected; usage already under way is still charged, and any negative balance is owed. Credits have no cash value except as set out below and cannot be transferred between Accounts.

Refunds. Credits you have bought and not used are refundable on request, together with the tax paid on them, to the original payment method, most recent purchase first. Used Credits and Credits we granted are not refundable. To limit abuse, there is a small minimum amount and a limit of one refund in any three-day period, and we may hold a refund while we investigate suspected fraud. If we end this agreement for a reason other than your breach, we refund your unused purchased Credits.

Your right to cancel (consumers). If you buy Credits as a consumer, you may cancel the purchase within 14 days of paying. Credits you have used cannot be refunded. Unused Credits from that purchase are refunded, with the tax paid on them, through “Request a refund” on the billing page or by emailing support@cyan.kiwi.

Saved payment methods and auto-reload. The payment method you use at checkout is saved with Stripe for refunds and auto-reload. Auto-reload is off until you turn it on. When it is on, you authorise us to charge your most recently used payment method your chosen amount, plus tax, each time your balance falls below your chosen threshold. You can turn it off at any time on the billing page.

Chargebacks. A chargeback or refund reduces your balance accordingly.

8. Warranties

To the extent the law allows, the Service and its responses are provided “as is” and “as available”, without any warranty. If you are a consumer, nothing in these terms affects your statutory rights, including the right to have services performed with reasonable care and skill.

9. Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

If you are a business, neither of us is liable for indirect or consequential loss, or for loss of profits, revenue, goodwill or data. If you are a consumer, we are responsible only for loss that is a foreseeable result of our breaking these terms, and not for business losses.

Our total liability to you is limited to the greater of GBP 5,000 and the amounts you paid for Credits in the 12 months before the claim arose. If you are a consumer, it is never less than the price you paid for the Credits concerned. This does not limit your obligation to pay for the Service.

10. Suspension and termination

We may suspend or end your access if you breach these terms or the law requires it. We may suspend immediately where the breach is serious, an authority requires it, or continuing would cause harm. We may discontinue the Service on reasonable notice, refunding your unused purchased Credits.

Provisions that by their nature should survive the end of this agreement do so.

11. General

These terms are the whole agreement between us about the Service. If a provision is unenforceable, the rest stands. Neither of us is liable for a failure caused by events beyond our reasonable control. You may not transfer this agreement without our consent; we may transfer it to an affiliate or a buyer of the business. Not enforcing a provision is not a waiver of it. Nobody else has rights under this agreement.

Notices to you go to your Account email address.

English law governs this agreement, and the courts of England and Wales have jurisdiction.

Complaints go to support@cyan.kiwi.