All current and future services provided by Kite Assistant (hereafter referred to as the “Contractor”) are subject to the terms of this agreement with you (hereafter referred to as the “Client”). By signing up, you automatically agree to the terms outlined herein, which apply to all tasks and services conducted by Kite Assistant. If you do not agree to these terms, you should discontinue using this website. Any violation may result in immediate termination of your membership at the Contractor’s discretion, without prior notice.
Modifications to Agreement.
Kite Assistant reserves the right to modify, update, or cancel this agreement at any time without prior notice. Continued use of kiteassistant.com or its services after changes are applied constitutes acceptance of the revised terms. Any new services or plans introduced by Kite Assistant will take effect once posted on the website.
1. Service Guarantee.
Kite Assistant guarantees that all purchased services will be performed with skill, expertise, and due diligence. The Contractor may delegate tasks to its staff at its sole discretion.
2. Eligibility.
This agreement forms a binding contract between you and Kite Assistant. You may use the services only if you comply with this agreement and all applicable local, state, national, and international laws.
- You must be at least 13 years old (or the legal age of majority in your jurisdiction if higher) to use the services.
- Users under 13 are strictly prohibited from accessing the services.
- Some services may not be available to users under 18 or 21, depending on jurisdiction.
- Kite Assistant may request proof of identity before account creation or service access. Refusal to provide such proof may result in denied access.
- The services are unavailable to individuals previously removed by Kite Assistant.
3. Independent Contractor.
The Contractor remains an independent entity and is not entitled to employment benefits such as vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability insurance, or unemployment benefits.
4. Information Privacy.
To create an account with the contractor, the client must provide basic details, including their name, phone number, valid email address, and other relevant information. For purchases or financial transactions processed by the contractor on behalf of the client, credit/debit card or bank account details will also be required. The contractor collects personal information solely to deliver services tailored to the client’s needs. Any data deleted by the client from their account will not be stored by the contractor in any form.
5. Acceptable Account Usage.
Upon registration, the client will receive an individual account with access to the Kite Assistant Dashboard, where they can submit tasks and track progress. Clients are solely responsible for all activities occurring under their account, whether authorized or unauthorized. The account is for individual use only, and sharing login credentials with others is strictly prohibited.
The contractor shall not be liable for any losses or damages resulting from the client’s failure to safeguard their username and/or password or comply with this section. The contractor offers specialized plans for individuals, startups, business owners, and SMEs, each with specific Terms and Conditions. The permitted usage of services is strictly governed by these Terms and Conditions.
6. Requests & Tasks.
Task requests must be submitted via phone, email, or SMS. Each request should be submitted separately, meaning every communication with the assistant should contain a single, clearly defined task. Clients may submit multiple tasks simultaneously, but each should be sent in a separate email. This process ensures efficient task management and faster turnaround times.
For service improvements or concerns, clients may contact the contractor via phone or email at [email protected]. A comprehensive list of acceptable and non-permissible tasks is available on the “Services” page. By agreeing to these terms, the client acknowledges and accepts that their tasks must align with the contractor’s service scope.
7. Client Responsibility.
Clients acknowledge that their virtual assistant (VA) operates under their direction and supervision. Any decisions, actions, or strategies carried out by the VA are the client’s responsibility. If the client grants the VA access to personal or business accounts or data, they do so at their own risk. The same applies to content or images the client requests the VA to use—the client is solely responsible for obtaining all necessary permissions. The contractor is not liable for any losses, legal violations, fines, or liabilities resulting from such access or actions.
Clients must make payments in advance based on their subscribed plan. Plans renew automatically each month from the subscription date unless otherwise specified by the client. If a payment is declined, services will be suspended until the outstanding amount is settled. Additionally, the client is responsible for reimbursing the contractor for any extra expenses incurred while executing their tasks.
8. Prohibited Uses.
Clients are strictly prohibited from using the contractor’s services for any illegal or unethical activities. Any actions that violate applicable laws or regulations are not permitted. Below are some specific prohibited uses of our services:
- Distributing content that is objectionable, obscene, offensive, illegal, harassing, defamatory, racist, libelous, pornographic, threatening, or hateful.
- Promoting fraudulent or misleading offers related to products, loans, or services.
- Transmitting or exporting technical data in violation of local laws and regulations.
- Using copyrighted, trademarked, patented, or trade-secret-protected materials without proper authorization.
- Attempting unauthorized access, hacking, or interfering with the Services, user accounts, computer systems, or networks linked to the platform.
9. Limitation of Liability.
The contractor, including its officers, employees, and subcontractors, shall not be responsible for any direct (unless specifically stated otherwise), indirect, incidental, consequential, special, or punitive damages arising from the client’s access, use, or inability to use the services. The contractor’s liability, in case of direct damages due to a breach of these Terms of Service, shall be limited to the service fee paid by the user during the affected period.
Clients must not engage in the following prohibited activities:
- Copying, distributing, or disclosing any part of the Services through automated or manual means, including “scraping.”
- Using automated systems such as “robots,” “spiders,” or “offline readers” to access the Services (except public search engines that have permission to index publicly available materials).
- Sending spam, chain letters, or unsolicited messages via email, SMS, or other platforms.
- Interfering with system security, integrity, or attempting to decipher transmissions from the servers.
- Overloading the platform’s infrastructure through excessive requests or resource use.
- Uploading viruses, worms, or malicious software.
- Collecting or harvesting personally identifiable information from users.
- Using the Services for commercial solicitation.
- Impersonating others, conducting fraud, or misrepresenting identity.
- Disrupting the functionality of the Services.
- Accessing content through unauthorized means.
- Circumventing security measures that restrict access, copying, or use of content.
The contractor reserves the right to modify, restrict, or terminate Services at any time without prior notice. If a client violates these terms, their access may be suspended or revoked without liability.
Clients are responsible for their interactions with other users. While the contractor may monitor disputes, it is not obligated to intervene and assumes no liability for user interactions or conduct.
10. Confidentiality.
By entering into this contract, both parties agree to maintain strict confidentiality regarding any information exchanged. Neither party shall disclose such information to any third party or use it for their own benefit or the benefit of any third party.
Confidential information shall only be used for purposes directly related to the contractor’s services. Neither party may copy, reproduce, or store confidential information without prior written consent from the other party. Additionally, neither party shall claim any right, title, or ownership over the confidential information belonging to the other party.
This confidentiality obligation does not apply to information that:
- Becomes publicly available through no fault of the receiving party, or
- Was already known to or lawfully obtained by the receiving party prior to its disclosure under this agreement.
11. Non-Disclosure.
The contractor agrees not to disclose, directly or indirectly, any confidential or proprietary information of the Client to any person other than the Client’s authorized representatives. This obligation remains in effect both during the term of this agreement and after its termination or expiration.
Confidential or proprietary information includes, but is not limited to:
- Customer lists and contacts
- Financial and sales data
- Supply sources and business opportunities
- Business plans, models, and intellectual property (e.g., copyrights, trademarks, trade names, service marks, trade dress, domain names, and URLs)
- Marketing and advertising strategies, media planning, and strategic briefs
- Product development, technology research, and innovation plans
- Budgets, profit and loss data
- Supplier and customer identities
- Any other sensitive information related to the Client’s business
12. Non-Solicitation.
The Client agrees not to solicit, recruit, or encourage any of the Contractor’s virtual assistants (VAs) or other staff members to leave the Contractor in order to provide services directly to the Client. Such actions will be considered a breach of this agreement and will result in liquidated damages.
In the event of a breach, the Client agrees to compensate the Contractor with a payment of [amount] as liquidated damages. This sum represents the estimated cost incurred by the Contractor to replace the staff and is not considered a penalty. The Contractor is not required to provide further evidence of the actual damage caused by the Client’s solicitation attempts.
The Client must pay the liquidated damages within five (5) days of receiving notice from the Contractor regarding the resignation of a VA, regardless of whether the Contractor has terminated the agreement.
13. Third-Party Websites.
The Contractor’s website may contain links to third-party websites. These external sites are not under the Contractor’s control, and the Contractor assumes no responsibility for their content, services, communications, or any changes made to them.
The inclusion of such links does not imply endorsement or recommendation of the views expressed on those sites. The Client acknowledges that they access third-party links at their own risk.
14. Disclaimer of Warranties.
The information provided on this website is for general informational purposes only. The contractor makes no express or implied warranties regarding the completeness, accuracy, reliability, suitability, or availability of any information, products, services, or related graphics on the website. Any reliance on this information is strictly at the client’s own risk. The contractor shall not be liable for any loss or damage, including but not limited to indirect or consequential loss, data loss, or loss of profits arising from the use of this website.
15. Refund Policy.
Our refund policy is straightforward. If you decide to discontinue our services, notify us within 2 days of your transaction. We will refund 85% of the subscription amount after deducting any used hours. Refund requests made after 2 days will not be accepted, but you can still use the purchased hours for up to 30 days.
16. Legal Compliance.
The contractor operates from India, with servers based in Texas and Houston, USA. By registering, the client agrees to be governed by the laws of the Republic of India. The contractor does not guarantee that the website’s content complies with laws outside India. Clients accessing the website from other locations are responsible for ensuring compliance with their local regulations.
The contractor abides by all applicable laws and regulations, particularly regarding its members. Clients must ensure that their task requests do not violate any legal requirements.
If required, the contractor will cooperate with legal authorities, provided there is proper jurisdiction. In such cases, compliance with legal requests may override these Terms of Service. This agreement is non-transferable, meaning the client cannot assign their rights or obligations to a third party.
All disputes shall be governed by the laws of the state of West Bengal, India, and not by the laws of the United States or any other jurisdiction.
17. Free Trial and Discount Offers.
From time to time, the contractor may offer free trials and promotional discounts. The contractor reserves the right to charge clients who continue using the service beyond the free trial period. Additionally, the contractor may cancel free trials at any time without prior notice.
18. Privacy Policy.
By using our website (https://kiteassistant.com), users agree to our Privacy Policy. We are committed to protecting user privacy. By accessing our services, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy, including the transfer and processing of such data.
19. Service Termination and Interruptions.
The contractor reserves the right to suspend or discontinue services at any time without prior notice. Continuous, uninterrupted, or secure access to the website is not guaranteed. Service interruptions may occur due to maintenance, updates, or unforeseen circumstances beyond our control. In the event of service termination, the provisions related to Third-Party Links, General Disclaimer, Limitation of Liability, Prohibited Uses, Proprietary Rights, Indemnity, Applicable Laws, and General Terms outlined in this TOS will remain in effect.
Refunds will only be issued for service interruptions lasting more than five business days. Refunds may be provided in cash or as a credit for future services, at the company’s sole discretion. Temporary unavailability due to unforeseen technical issues beyond our control does not qualify for compensation, and the contractor assumes no responsibility in such cases.
20. Cancellation and Subscription Management.
Clients can manage their orders and subscriptions directly through the Kite Assistant Dashboard. Upon canceling a subscription, no further charges will be incurred. However, the client remains responsible for any charges accrued during the current billing period.
Refunds will not be issued for failure to cancel a subscription before the next billing date, and charges already processed are non-refundable. No exceptions will be made in this regard.
21. Proprietary Rights.
All services and materials, including but not limited to software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (collectively referred to as “Kite Assistant Content”), along with all associated intellectual property rights, are the exclusive property of Kite Assistant and its licensors. Except as expressly permitted in this Agreement, no rights or licenses are granted for the use, modification, distribution, reproduction, transmission, public display, publication, adaptation, or creation of derivative works from Kite Assistant Content. Unauthorized use is strictly prohibited.
Clients may submit feedback, comments, or suggestions regarding the services (“Ideas”). By submitting an Idea, the client acknowledges that it is provided voluntarily, without expectation of compensation or confidentiality, and that Kite Assistant has no obligation to act upon, compensate for, or maintain confidentiality regarding the Idea. Kite Assistant retains the right to use, develop, or disclose similar ideas obtained from other sources or developed independently.
