1. General principles

These Terms of Service ("Terms") govern use of the KIME platform and related services (the "Service"), provided by Kime ApS, CVR no. 45766411, Copenhagen, Denmark ("KIME"). The Service is offered only to business customers and organisations; use by consumers is excluded. By registering for, accessing or using the Service, the contracting organisation (the "Customer") accepts these Terms.

These Terms, together with any order form or subscription agreement ("Order") and the KIME Data Processing Agreement ("DPA"), form the entire agreement between the parties (the "Agreement"). The Customer's own general terms do not apply unless KIME has accepted them in writing. Where the documents conflict, the order of precedence is: the standard contractual clauses incorporated by the DPA; the DPA; the Order; these Terms.

In these Terms: "Customer Data" means all data, content and materials submitted to, or generated within, the Service by or on behalf of the Customer, including Prompt Content. "Output" means content, analyses, recommendations, tasks, drafts and other material the Service generates. "Third-Party Platform" means any third-party service, website, data source, model or AI provider, AI assistant, advertising platform, analytics tool, content management system or infrastructure on which the Service depends, or to which the Service is connected at the Customer's direction. "Action" means any change, publication, transmission or other operation the Service performs on a Third-Party Platform or on a Customer system.

2. Scope of service

KIME provides a software-as-a-service platform for AI visibility analytics and related marketing insights, together with the agentic execution (clause 2A), advertising (clause 2B) and connected-assistant (clause 2C) features. The scope of features is described on KIME's website or in the Order.

KIME may update or modify the Service to maintain functionality, improve performance or security, comply with law, or respond to changes in Third-Party Platforms, and may add, change, restrict or discontinue any Third-Party Platform integration. Substantial changes that materially reduce core features will be communicated in advance where reasonably feasible.

Service availability, and the content, accuracy and completeness of Output, depend in part on Third-Party Platforms. KIME is not liable for interruption, unavailability, rate limiting, policy change or discontinuation caused by a third party, but will act with diligence to restore availability or offer alternatives where feasible.

Output is generated by automated and AI systems and may be incomplete, inaccurate, out of date or not unique to the Customer. The Customer is responsible for reviewing Output before relying on it, publishing it or acting on it. The Service is not legal, financial, tax, regulatory or other professional advice. KIME gives no guarantee of business outcomes, visibility, mentions, citations, share of voice, ranking, advertising delivery or performance unless expressly agreed in writing.

2A. Agentic Workforce Execution (AWX)

Where enabled, AWX plans, prepares, recommends and executes marketing, content and technical tasks on the Customer's behalf, including creating and publishing content and changing website, content-management or technical configuration, using credentials, API keys, tokens or integrations the Customer provides.

By enabling AWX or connecting a system or account, the Customer instructs and authorises KIME to access it and to perform Actions within the scope the Customer configures, and warrants that it holds the rights, authority and consents required to grant that authorisation — including where the property belongs to the Customer's own customer — for as long as the connection remains active.

The Customer decides whether to enable AWX, what to connect, the permission scope of the credentials it supplies, and whether Actions require human approval. Where the Customer permits execution without prior approval, it accepts that Actions may occur without review by the Customer or by KIME, at the Customer's risk. Actions taken through the Customer's connected accounts are Actions of the Customer, whether initiated by a user, by the Service or autonomously by an agent, and the Customer is responsible for their lawfulness, accuracy and appropriateness and for compliance with the relevant Third-Party Platform's terms.

The Customer shall not use AWX or any other automation in the Service to: (a) breach applicable law, including marketing, consumer protection, competition, advertising and data protection law; (b) infringe intellectual property, personality or privacy rights; (c) access any system, website or account it is not authorised to access, or get around the technical measures a site uses to control automated visitors, such as login requirements, paywalls, usage or rate limits, CAPTCHAs and bot detection; (d) collect data from a site whose operator has said it may not be collected; (e) conduct security or penetration testing; (f) produce deceptive, fraudulent or misleading content or advertising; or (g) breach any Third-Party Platform's terms.

KIME is not obliged to reverse or remediate an Action once executed. The Customer maintains its own backups and change history for any system it connects.

2B. Ads features

Ads Features monitor, analyse, plan, create, recommend and — where enabled — execute changes to advertising assets, campaigns, audiences, creatives, budgets, bids and placements, including on AI-native advertising platforms.

Unless an Order provides otherwise, advertising accounts remain in the Customer's name and under its control, and the Customer contracts with and pays each advertising platform directly. KIME is not a media buying agency, does not act as advertiser of record, and does not hold or administer Customer funds; media spend sits outside KIME's fees. The Customer sets and monitors budgets, bid limits and spend caps, and KIME is not liable for advertising spend incurred, including spend arising from the Customer's configuration or from execution without prior approval.

The Customer is responsible for ensuring that advertising content, targeting and claims comply with applicable law and with each platform's policies, including prohibited categories, targeting restrictions, substantiation requirements and any duty to disclose AI-generated content. KIME does not guarantee ad approval, delivery or performance, and is not liable for a platform's rejection, throttling, suspension or termination of the Customer's accounts, campaigns or assets.

2C. Connected AI Clients and MCP

KIME may provide a Model Context Protocol (MCP) server or similar interface allowing the Customer to connect the Service to third-party AI assistants, agents and applications ("Connected AI Clients"). A Connected AI Client is a Third-Party Platform chosen by the Customer and governed by that provider's own terms; it is not a KIME sub-processor under the DPA.

The Customer decides whether to connect, which credentials, tokens and permission scopes to issue, and which capabilities to enable. All requests, Outputs and Actions initiated through a Connected AI Client using the Customer's credentials are made by, authorised by and the responsibility of the Customer, whether initiated by a person or autonomously by an agent, and whether or not reviewed in advance; KIME does not review or supervise them and has no practical ability to do so. Connecting transmits Customer Data and Output to that provider, and the Customer is responsible for determining that the transmission is permitted under its own policies, contracts and data protection obligations.

KIME may revoke, rate-limit or suspend a token or connection where it reasonably suspects misuse, a security risk, excessive load or breach of these Terms.

3. Customer responsibilities

The Customer shall use the Service only for legitimate business purposes and in accordance with law; keep login credentials, API keys, access tokens and connected accounts confidential; restrict access to authorised personnel; and withdraw access promptly when a user's authorisation ends. The Customer shall not reverse-engineer, decompile or otherwise manipulate the Service beyond permitted use. Customer Data must be lawful and free of third-party rights infringements.

The Customer warrants that it is entitled to connect each website, account and system it connects to the Service, and to permit KIME to access, crawl, analyse and — where AWX is enabled — modify it. Where the Customer acts on behalf of its own customer, it is responsible for obtaining that customer's authorisation.

Where the Customer breaches this clause 3 or its obligations under the DPA, including the restrictions on Prompt Content in clause 4.2 of the DPA, KIME may suspend access temporarily or permanently and may terminate for cause.

4. Intellectual property, data and aggregated data

All intellectual property rights in the Service remain KIME's exclusive property. KIME grants the Customer a limited, non-exclusive, non-transferable right to use the Service during the term for its internal business operations.

The Customer retains all rights in Customer Data and grants KIME the right to process it to provide, operate, secure, support and improve the Service and to fulfil the Agreement. Where Customer Data includes personal data, the DPA governs that processing.

As between the parties, the Customer owns Output generated for it, subject to KIME's rights in the Service. Output may not be unique, and KIME gives no warranty that it is original or that its use will not infringe third-party rights; the Customer is responsible for verifying Output before publication or use.

KIME may create aggregated and anonymised data, statistics, benchmarks and insights derived from use of the Service ("Aggregated Data") and may use and publish Aggregated Data for any lawful purpose, including product development, research, benchmarking, marketing and public commentary. Aggregated Data is created and used subject to clause 12 of the DPA. As between the parties KIME owns Aggregated Data, and its rights in it survive termination.

KIME does not use Customer Data to train, fine-tune or otherwise develop generative AI models, whether its own or a third party's. This does not prevent KIME from transmitting Prompt Content to a model provider in order to generate and observe the output the Customer has asked the Service to measure, or from transmitting Customer Data to a Connected AI Client that the Customer has chosen to connect.

Any publication or external use of the Customer's individual results, metrics or performance figures — including a description that would allow the Customer to be identified by a reader familiar with its market — requires the Customer's prior written approval for that specific use.

5. Fees and payment

Fees are agreed in the Order or follow KIME's published pricing, and are exclusive of tax. Certain features, including AWX executions, are metered and subject to the allowance stated in the applicable plan or Order; usage above the allowance is billed at KIME's then-current overage rate or as agreed in the Order. Advertising spend, media costs and Third-Party Platform fees are not included in KIME's fees and are payable by the Customer directly to the relevant provider.

Invoices are payable within the period stated on the invoice. On late payment KIME may charge statutory default interest and, after reasonable notice, suspend access until payment is received. The Customer may set off only undisputed or legally established claims.

6. Liability

KIME is liable without limitation for damage caused intentionally or by gross negligence, and for injury to life, body or health. In cases of simple negligence, liability is limited to breaches of material contractual duties — duties essential to performance of the contract and on which the Customer may reasonably rely — and in such cases to foreseeable, contract-typical damage. Any further liability for slight negligence is excluded. These limitations also apply to the personal liability of KIME's officers, employees and agents.

Subject to the above and to the extent permitted by mandatory law, KIME's total aggregate liability under or in connection with the Agreement shall not exceed the fees paid or payable by the Customer in the twelve months preceding the event giving rise to the claim. Claims under the DPA are subject instead to the cap in clause 15 of the DPA, and nothing in these Terms limits or excludes liability that the DPA or data protection law does not permit to be limited.

To the extent permitted by mandatory law, KIME is not liable for: indirect or consequential loss; loss of profit, revenue, goodwill or anticipated savings; loss of or damage to data, other than where caused by KIME's breach of the security measures in Annex II of the DPA; advertising or media spend, including overspend; loss of visibility, mentions, citations, rankings, impressions or traffic; charges levied by a Third-Party Platform; a Third-Party Platform's rejection, suspension or termination of a Customer account; Actions executed under a configuration chosen by the Customer; and requests, Outputs or Actions originating from a Connected AI Client.

The Customer shall indemnify KIME against third-party claims arising from the Customer's unlawful use of the Service or breach of the Agreement, and from Customer Data, the Customer's advertising content or targeting, Actions taken through the Customer's connected accounts, the Customer's use of Output, or the Customer's breach of a Third-Party Platform's terms.

7. Term, suspension and termination

The Agreement begins when the Customer accepts these Terms and runs for the term stated in the Order, renewing automatically for the same term unless terminated in due time. Either party may terminate for convenience on the agreed notice. Termination for cause without notice is unaffected, in particular for serious breach or persistent non-payment.

KIME may suspend the Service, an individual feature, or a connection to a Third-Party Platform, in whole or in part and on such notice as is reasonable in the circumstances, where a Third-Party Platform or applicable law requires it, where KIME reasonably suspects a security risk, misuse or a breach of the Agreement, or where continued operation would expose either party to material legal or regulatory risk.

On termination the Customer's access is deactivated. Export, deletion and return of Customer Data are governed by clause 14 of the DPA.

8. Governing law and disputes

These Terms are governed by Danish law, excluding its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The exclusive place of jurisdiction is Copenhagen, Denmark, provided the Customer is a business entity within the meaning of Danish law.

9. Public references

Unless otherwise agreed, KIME may name the Customer as a reference customer and use its name and logo in marketing materials, presentations and on the KIME website. The Customer may object for legitimate reasons by written notice. This clause covers the Customer's name and logo only; results, metrics and performance figures are governed by clause 4.

10. Final provisions

KIME may amend these Terms from time to time. Customers will be notified of material changes with reasonable notice, and continued use of the Service after the notice period constitutes acceptance.

These Terms, the Order and the DPA constitute the entire agreement between the parties and supersede prior arrangements on the same subject matter. Modifications must be in writing unless mandatory law requires a stricter form. If any provision is or becomes invalid, the remainder remains in full force and the invalid provision is replaced by a valid one that most closely reflects its economic intent.

Notices to the Customer are given to the administrative and billing contacts on the account, and the Customer shall keep those contacts current — including for sub-processor notices under clause 9.3 of the DPA.

Questions about these Terms: [email protected].

Data protection enquiries: [email protected].