Terms of Use

These terms apply to the Kitewell application and the kitewell.app website, published by Descarty, Inc. (“Descarty”, “we”). By installing or using Kitewell, you agree to them. A separate written agreement with Descarty, such as an Enterprise contract, takes precedence over these terms where the two differ.

1. License

Kitewell is proprietary software. Descarty grants you a non-exclusive, non-transferable license to install and use Kitewell within the limits of your plan. You may not sell, rent, or redistribute the application, or reverse engineer it, except where the law or the license of an included open-source component allows it. This license does not transfer ownership of the application.

2. Open-source components

Kitewell includes open-source software, including the Dagu workflow engine, licensed under the GNU General Public License, version 3. Each component remains under its own license, which governs the rights it grants. Nothing in these terms restricts those rights. See the third-party notices for the components, licenses, and source references.

3. Your content

You keep all rights to your workflows, input files, and the output your workflows produce. Descarty does not claim ownership of them and does not receive them. How Kitewell handles your data is described in the Privacy Policy.

4. Your responsibilities

Kitewell runs the commands, connections, and AI steps you configure, with the permissions of the account running it. You are responsible for:

• the permissions and credentials you give your workflows;
• following the terms of the websites, services, and AI providers your workflows use, including any rules on automated access;
• reviewing AI-generated work and approvals before relying on them;
• keeping backups of important data.

Do not use Kitewell to break the law, to access systems you are not authorized to use, or to place excessive load on other services.

5. Public beta

Kitewell 0.x releases are public beta versions. Features, limits, and interfaces may change. Scheduled work runs only while the device is awake, you are logged in, and the engine is running.

6. Plans and payments

The Free plan needs no account. Paid plans are purchased and managed in Dagu Cloud and are subject to the Dagu Terms of Service. Current prices and limits are shown on the pricing page. The Free and Personal plans are for one person’s own work. An organization that runs Kitewell for shared work, on several people’s computers or on a computer set aside for it, needs the Team plan, which Descarty provides under a separate contract. If a paid plan ends, projects, workflows, API keys, and connected apps beyond your current plan stop running 7 days later. You choose which stay within the plan, nothing is deleted, and they run again when you subscribe. Charges from AI providers and other services your workflows use are separate and paid to those providers.

7. Disclaimer

Kitewell is provided as is. To the extent permitted by law, Descarty does not warrant that Kitewell is free of errors, that it will run without interruption, or that it fits a particular purpose.

8. Limitation of liability

Except in cases of intent or gross negligence by Descarty, Descarty is liable only for direct and ordinary damages that you actually incur in connection with Kitewell, up to the fees you paid for Kitewell in the twelve months before the damage occurred. Nothing in these terms limits liability that cannot be limited under applicable law, including Japan’s Consumer Contract Act.

9. Suspension and termination

You can stop using Kitewell at any time by uninstalling it. Descarty may suspend or end your use of paid features or Dagu Cloud connections if you violate these terms.

10. Changes to these terms

We will post any change on this page and update the date above. Changes that reduce your rights take effect no earlier than 30 days after they are posted. Continuing to use Kitewell after that means you accept the updated terms.

11. Governing law and jurisdiction

These terms are governed by the laws of Japan. The Tokyo District Court has exclusive jurisdiction in the first instance over any dispute about Kitewell.

12. Contact

Descarty, Inc.
Shibuya Dogenzaka Tokyu Bldg. 2F-C, 1-10-8 Dogenzaka, Shibuya-ku, Tokyo 150-0043, Japan
[email protected]

The Japanese version of these terms prevails if the two versions differ.