These terms are an agreement between you and ARC Solutions Inc ("ARC", "we", "us"), Wilmington, Delaware 19803, United States, for your use of the ARC Kimi K3 API (the "Service"). By using the Service, directly or through a platform such as OpenRouter, you agree to these terms. If you use the Service for an organisation, you agree to them on its behalf.
1. The Service
The Service is an OpenAI-compatible API that answers chat and text completion requests, and batch jobs where we offer them, with Kimi K3, a model by Moonshot AI used under the Kimi K3 License. ARC is not affiliated with Moonshot AI. We may change, add or remove features of the Service.
2. Your account and API keys
- You must be at least 18 and able to form a binding contract.
- Give us accurate information, keep your API keys secret, and tell us at contact@arc.ai if you think a key has been exposed.
- You are responsible for all use of the Service under your keys.
3. Your content and output
As between you and ARC, you own the content you send to the Service ("Input") and what the Service returns to you ("Output"). You give ARC a limited licence to process your Input only as needed to provide the Service to you. We do not keep the Input or Output of live requests, we delete batch files 24 hours after the batch completes, is cancelled, expires or fails, and we do not use either to train any model; our Privacy Policy, which is part of these terms, explains how we handle information. You are responsible for having the rights you need in your Input.
4. Acceptable use
You will use the Service lawfully and follow the Kimi K3 License and Moonshot AI's terms for the model. You will not:
- use the Service to break the law, to harm, harass or defraud others, or to create content that sexualises children;
- use it to create or spread malware, or to break into systems or accounts;
- try to disrupt the Service, get around its limits or security, or reach parts of it that are not offered to you;
- misrepresent Output as written by a person when the law or the context requires you to say otherwise.
5. Fees and payment
- Usage is priced per token, at the prices listed with the model when the request runs.
- If you use the Service through a platform such as OpenRouter, that platform bills you under its own terms.
- Direct customers pay in advance by buying prepaid credit. Usage is deducted from it. A request or batch that its credit cannot cover is refused or stopped. Prepaid credit is non-refundable, except where the law requires otherwise.
- Free credit, where we offer it, is a promotional credit with no cash value. It is limited per account, per browser, per network and per day, and its use may be capped per day. We may end the offer at any time, and we may remove free credit obtained in breach of these terms.
- Prices do not include taxes, which you pay where they apply.
- We may change prices. New prices apply to usage after they are posted.
6. Limits and availability
Requests are subject to rate limits per API key and to the capacity available at the time. When capacity is full, the Service answers with HTTP 429 and a Retry-After header. We work to keep the Service available, but we do not promise any level of availability unless we agree to one with you in writing.
7. Batch jobs
Where we offer batch processing, a batch is answered within its completion window of 24 hours. Requests that have not run when the window ends expire, and you are not charged for them. Batch input and output files are deleted 24 hours after the batch completes, is cancelled, expires or fails.
8. Our property
ARC and its licensors own the Service, including its software and documentation. If you send us feedback, we may use it without obligation to you.
9. Suspension and termination
You may stop using the Service at any time. We may suspend or end your access if you break these terms, do not pay, or put the Service or others at risk, and we will tell you why where we can. Sections 3, 5, and 8 to 14 continue after termination.
10. Disclaimers
The Service and its Output are provided "as is" and "as available". Output is generated by a machine learning model and can be inaccurate, incomplete or offensive; check it before you rely on it. To the fullest extent the law allows, ARC disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.
11. Limitation of liability
To the fullest extent the law allows, ARC will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. ARC's total liability for all claims relating to the Service is limited to the amount you paid ARC for the Service in the 12 months before the event that gave rise to the claim.
12. Indemnity
You will defend and indemnify ARC against third-party claims arising from your Input, your use of the Service or Output, or your breach of these terms.
13. Governing law and disputes
These terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. The state and federal courts located in Delaware have exclusive jurisdiction over any dispute relating to these terms or the Service, and you and ARC consent to their jurisdiction.
14. General
These terms and the Privacy Policy are the whole agreement between you and ARC about the Service. If a provision is held unenforceable, the rest remains in effect. Not enforcing a provision is not a waiver of it. You may not assign these terms without our consent; we may assign them in a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.
15. Changes to these terms
We may update these terms. We will post the new version here and update the "Last updated" date. If you keep using the Service after a change takes effect, you accept the new terms.
16. Contact
ARC Solutions Inc, Wilmington, Delaware 19803, United States. Email: contact@arc.ai.