#The Agreement
These terms are an agreement between you and Wyzie LLC, a North Carolina limited liability company that operates Kilter: the website at kilter.work, the application at app.kilter.work and the Kilter desktop app. “We” and “us” mean Wyzie LLC. Making an account, or using Kilter without one, means accepting these terms. If you use Kilter for a company or other organization, you accept them on its behalf and confirm you are authorized to, and “you” includes that organization.
The Privacy Policy says what Kilter holds about you and where it goes, and the Subprocessors list names every service it can go to. Both are part of how Kilter is provided.
If you accept these terms for an organization that runs a workspace, the Data Processing Agreement is part of them. It governs how Wyzie LLC processes the personal data in that organization’s workspaces on its behalf.
If your organization and Wyzie LLC have signed a separate agreement for Kilter, such as an order form or a data processing agreement, that agreement controls wherever it conflicts with these terms.
Governing Law and Disputes asks you to resolve disputes with us in individual arbitration rather than in court, and to give up class actions. You can opt out of it within thirty days.
#Who Can Use Kilter
- You must be at least sixteen years old to hold a Kilter account. If you are under the age of majority where you live, a parent or guardian must agree to these terms for you.
- You may not use Kilter if the law, including United States export controls and sanctions, bars you from receiving it.
- If we learn that an account belongs to somebody younger than sixteen, we will close it and erase it.
#The Closed Beta and Fees
Kilter is in a closed beta. An account can be made only by redeeming an invite code or by accepting a workspace’s invitation. Features can change, move or be removed while the beta runs. Keep your own copy of anything you cannot afford to lose.
Kilter charges nothing during the closed beta. If Wyzie LLC introduces fees, it will publish the prices and email account holders at least thirty days before any fee can apply, and nothing is charged unless you or your workspace choose a paid plan. The model providers a workspace connects bill that workspace directly, and a provider a member lends to a workspace bills that member, under their own terms.
We will email account holders at least thirty days before the beta ends, and before removing a feature in a way that deletes data, so there is time to download what you need.
#Your Account
- Give your real name and an email address you read, and keep them current.
- Keep your password, your passkeys and your second factor to yourself. You are responsible for what is done with your account.
- An account is one person’s. Do not share it.
- Tell us at support@kilter.work as soon as you think somebody else has used your account.
#Workspaces
Every card, note, event and reminder belongs to a workspace. Each account starts with a personal workspace that is only its owner’s. A workspace with other people in it is run by its owners and admins, who decide who is in it and what each person may do. If a workspace belongs to your employer or another organization, that organization controls it and what is shared in it.
When you leave a workspace, or its admins remove you, what you made stays with the workspace, because the people still working in it rely on it. A company that manages membership through its own directory can end your membership of its workspace; that does not touch the rest of your account.
#Your Content
What you put into Kilter, your content, stays yours or your organization’s. You grant Wyzie LLC a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, process and display your content, only as needed to run, secure and support Kilter for you and the people you share it with. That includes sending it to the services the privacy policy names and to the accounts and model providers you or your workspace connect. The license ends when your content is deleted from Kilter, except for what stays with a workspace as the privacy policy describes and for copies in backups until they are replaced.
Wyzie LLC does not sell your content, does not use it for advertising, and does not use it to train any model.
You are responsible for your content and for having the right to put it into Kilter, including other people’s personal data. We do not review content before it is saved, but we can remove content that breaks these terms or the law. A board’s read only link shows that board’s shared cards to anyone who has the link, until it expires or is revoked, and a note’s read only link shows that note’s title and words the same way.
A personal access token acts as you. Keep it as you would a password, give each tool its own so one can be revoked without the others, and revoke one you no longer use. What is done with your token is done by you under these terms. Requests made with a token are limited in how often they may be made, and we may change those limits or revoke a token that is being used to harm Kilter or the people using it. The routes under /api/v1 are the ones we mean to keep stable; any other route may change without notice. A webhook sends notices to an address your workspace chose, and what happens to them there is between you and whoever runs it.
Kilter is not built for data the law requires to be kept to a particular standard. Do not put into it health information covered by HIPAA, payment card numbers, government identification numbers such as Social Security numbers, or passwords for other services, unless Wyzie LLC has agreed to it in writing. Wyzie LLC signs no business associate agreement.
#Connected Accounts and Model Providers
Accounts you connect, such as a calendar, a mailbox or an issue tracker, are provided by other companies under their own terms and privacy policies. By connecting one, you confirm you are allowed to, and that Kilter may read it on your behalf and send what it reads to your workspace’s model provider when you ask the assistant about it. Kilter writes nothing back to those accounts. We are not responsible for those services, for changes they make, or for their being unavailable.
Kilter supplies no model. A workspace connects its own model provider with its own key, pays that provider, and is bound by that provider’s terms. The workspace’s admins decide which provider receives the workspace’s text.
You can also connect a model provider with your own key and lend it to a workspace you belong to, if that workspace’s admins allow lent connections. While it is lent, the assistant in that workspace can run on it for any member whenever the workspace has no connection of its own that works. You pay that provider for those requests, you are responsible for following its terms, including any limit it puts on letting other people use your account or key, and you can take the connection back at any time. You can see how many tokens it spent in each workspace, but not which member asked.
#The Assistant
What the assistant produces can be wrong, incomplete or out of date. In your workspace it proposes, and nothing it suggests changes the workspace until somebody accepts it. You are responsible for checking what you accept and for what you do with its answers. Do not rely on it for legal, medical, financial or other professional advice.
As far as Wyzie LLC is concerned, what the assistant produces for you is yours to use, subject to the terms of your workspace’s model provider. Similar answers can be produced for other people, and Wyzie LLC does not promise that an answer is free of anybody else’s rights. Sending your workspace’s content to the provider it connects is that workspace’s choice, so connect one only if you are allowed to send it that content.
The tools of an MCP server do whatever the people who run that server built them to do, including outside Kilter. Connect only servers you trust.
#Acceptable Use
Do not use Kilter to:
- break the law, or help anybody else break it;
- store or share material you have no right to, including material that infringes somebody’s copyright, trademark or privacy;
- store or share material that sexually exploits or endangers children;
- harass, threaten, defraud or impersonate anybody;
- transcribe or dictate what other people say without telling them first, or without any consent the law where they are requires;
- send spam, including through workspace invitations;
- get into accounts, workspaces or data that are not yours, or test Kilter’s security except as How to Report a Vulnerability allows;
- spread malware, or use a saved link, an MCP server or any other address Kilter fetches to reach systems you are not allowed to reach;
- overload or disrupt the service, or get around its limits;
- copy Kilter’s data in bulk by automated means, or resell access to Kilter.
#Copyright Complaints
If you believe something in Kilter infringes your copyright, write to support@kilter.work with “Copyright” in the subject, and include:
- the work you believe is infringed;
- where the material is, such as a board’s link, in enough detail for us to find it;
- your name, postal address, telephone number and email address;
- a statement that you believe in good faith the use is not authorized by the owner, its agent or the law;
- a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act for the owner; and
- your physical or electronic signature.
We end the accounts of people who repeatedly infringe, where appropriate.
#Kilter Itself
Kilter, its software, its design and the Kilter name and logo belong to Wyzie LLC and its licensors. While these terms are in force, you may use Kilter, including the desktop app on devices you control, for your own purposes and your organization’s internal business. You may not copy, modify, sell or reverse engineer Kilter, except where the law allows it regardless of these terms. Open source software inside Kilter is licensed under its own terms, and the notices those licenses require are published with it: for this site, for the application, and inside the desktop app.
If you send us ideas or feedback, we may use them without any obligation to you.
#Suspension and Ending
You can stop using Kilter at any time, and erase your account from Settings after downloading everything held about you. The privacy policy says what erasure removes and what stays with a workspace.
Wyzie LLC can suspend or end your access to Kilter, or to a workspace, if you break these terms, if the law requires it, or to protect Kilter or the people using it. Where it is reasonable and lawful, we will tell you first and give you at least thirty days to download your data. We will not wait when a breach is serious, such as fraud, abuse or illegal content, or when telling you would break the law or harm an investigation.
The sections on your content, Kilter itself, disclaimers, limitation of liability, indemnity, governing law and disputes, and the general terms continue after an account ends.
#Disclaimers
KILTER IS IN A CLOSED BETA AND IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT THE LAW ALLOWS, WYZIE LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT KILTER WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS, THAT DATA WILL NEVER BE LOST, OR THAT WHAT THE ASSISTANT OR A CONNECTED SERVICE PRODUCES WILL BE ACCURATE.
Reminders, notifications and email can arrive late or not at all: a device can be offline or asleep, and a push service, a mail server or a connection can fail. Do not rely on Kilter alone for anything where a missed or late reminder could cause harm, such as taking medication, a safety check, or a legal or financial deadline.
Some places do not allow some of these disclaimers, so some may not apply to you, and nothing in these terms limits a right you have under consumer protection law that cannot be waived.
#Limitation of Liability
TO THE FULLEST EXTENT THE LAW ALLOWS, WYZIE LLC AND ITS MEMBERS, EMPLOYEES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING FROM OR RELATING TO KILTER OR THESE TERMS, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.
TO THE FULLEST EXTENT THE LAW ALLOWS, WYZIE LLC’S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO KILTER OR THESE TERMS IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID WYZIE LLC FOR KILTER IN THE TWELVE MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM, OR ONE HUNDRED UNITED STATES DOLLARS.
These limits do not apply to liability that the law does not allow to be limited, such as for fraud or, where the law provides, for death or personal injury caused by negligence.
#Indemnity
To the extent the law allows, you will defend and indemnify Wyzie LLC and its members, employees and contractors against claims, losses and costs, including reasonable legal fees, that arise from your content, from your use of Kilter in breach of these terms or the law, or from a service you or your workspace connect to Kilter.
#Governing Law and Disputes
Governing Law
These terms are governed by the laws of the State of North Carolina, without regard to its conflict of laws rules, and by the Federal Arbitration Act for everything about arbitration. If you live in the European Union or the United Kingdom, you also keep the protection of the mandatory laws of the country you live in, and you may bring a claim in its courts.
Talk to Us First
Before starting a claim, write to support@kilter.work with your name, the email address on your account, what the dispute is about and what you are asking for. We will do the same if we have a dispute with you. If it is not resolved within thirty days, either of us may start arbitration.
Arbitration
Any dispute arising from or relating to Kilter or these terms will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, if you use Kilter as an individual for personal purposes, or its Commercial Arbitration Rules otherwise. The arbitration is held in North Carolina, or, for a consumer, in the county where you live, and it may be held by video, telephone or written submissions where the rules allow. Fees are paid as those rules provide. The arbitrator decides every question about whether a dispute must be arbitrated, and a court with jurisdiction may enter judgment on the award.
These are not arbitrated:
- a claim either of us brings in small claims court, while it stays there; and
- a request to a court to stop infringement of intellectual property, or access to Kilter or its data without permission.
Many Similar Claims
If twenty five or more similar demands for arbitration are brought against Wyzie LLC, or by it, by or with the help of the same or coordinated lawyers or organizations, they are handled in batches. The AAA files and administers them in batches of up to one hundred demands, with one arbitrator and one set of filing and administrative fees for each batch, and the batches go ahead at the same time unless both sides agree otherwise. The arbitrator decides each demand in a batch on its own facts and law. While a demand waits for its batch, the time for bringing it stops running. The AAA’s rules for mass or multiple filings apply wherever they do not conflict with this paragraph.
No Class Actions or Juries
You and Wyzie LLC each bring claims only individually, never as a plaintiff or class member in a class, collective or representative proceeding, and an arbitrator may not combine claims of different people. You and Wyzie LLC each give up the right to a jury trial. If this paragraph is found unenforceable for a claim, that claim goes to court rather than to arbitration.
Opting Out of Arbitration
You can opt out of arbitration by writing to support@kilter.work within thirty days of first accepting these terms, with “Arbitration Opt Out” in the subject and your name and the email address on your account in the message. Opting out changes nothing else in these terms.
Courts
Any dispute that is not arbitrated is heard only in the state or federal courts located in North Carolina, and you and Wyzie LLC each consent to their jurisdiction, except where the law gives you the right to bring a claim where you live.
#Changes to These Terms
When these terms change, this page changes, and the date at the top says when. If a change is material, we will email account holders at least thirty days before it takes effect, unless the law requires it sooner or it only concerns a new feature. Using Kilter after the change takes effect means accepting it. If you do not accept it, stop using Kilter and erase your account before that date.
#General
- The whole agreement. These terms, the privacy policy, the Data Processing Agreement where it applies, and any separate agreement you signed with Wyzie LLC for Kilter are the whole agreement about Kilter, and replace anything said before.
- If part fails. If a court or arbitrator finds part of these terms unenforceable, that part is enforced as far as it can be and the rest stays in force.
- No waiver. Not enforcing part of these terms at one time does not give up the right to enforce it later.
- Transfer. You may not transfer these terms without our written permission. Wyzie LLC may transfer them as part of a merger, acquisition or sale of assets, and will tell account holders if it does.
- Events beyond control. Neither of us is responsible for failing to perform because of events beyond reasonable control, such as a natural disaster, war, a government action, or an outage of the internet or of a service Kilter runs on.
- Notices. We send notices to the email address on your account or show them in Kilter. Send notices to us at support@kilter.work. Notices, agreements and records sent electronically satisfy any requirement that they be in writing.
- Nobody else. These terms create no rights for anybody other than you and Wyzie LLC, and they do not make either of us the other’s partner, employee or agent.
#Contact
Wyzie LLC, a North Carolina limited liability company ( wyzie.io). Write to support@kilter.work about Kilter or these terms.