Introduction

This privacy policy (“Privacy Policy”) applies to all visitors and users of the Kilo Code platform, our website at www.kilocode.ai, along with our related websites, hosted applications or other downloadable applications, and other services (collectively, the “Services”), which are offered by Kilo Code Inc. and/or any of its affiliates (“Kilo Code” or “we” or “us”) and describes how we process your personal information in connection with the Services, and how we collect information through the use of cookies and related technologies. It also tells you how you can access and update your personal information and describes the data protection rights that may be available under your country’s or state’s laws. Please read this Privacy Policy carefully. By accessing or using any part of the Services, you acknowledge you have been informed of and consent to our practices with regard to your personal information and data.

Applicability of this Privacy Policy

If you are a customer of Kilo Code, this Privacy Policy does not apply to personal information or other data and information that we process on your behalf (if any) as your service provider (collectively, “Customer Data”). Our use of your Customer Data shall instead be governed by the terms and conditions of the separate terms of service that you have agreed to with us.

If you are using the Services as an employee, contractor or other representative of one of our customers and you have any questions about our privacy practices or would like to exercise any rights with respect to your personal information that we process on behalf of our customers, please contact the corresponding customer as we only process your personal information in our capacity as a service provider to our customer.

Personal information we collect

You may choose to interact with the Services in ways that provide us with your personal information. In some instances, a User ID is generated for form and URL tracking, page views, page pings and usage counts in order to ascertain product performance and development. The amount and type of information that Kilo Code gathers depends on the nature of your interaction with us, as well as the amount of information you choose to share. For example, we will collect the information you provide with us in connection with creating an account to access the Services. In each case, Kilo Code collects such personal information only insofar as is necessary or appropriate to fulfill the purpose of your interaction with or your request to Kilo Code. We will not disclose your personal information other than as described in this Privacy Policy.

Like most website operators, Kilo Code automatically collects (i) technical information about your device including your device’s internet protocol (IP) address, device type (e.g., phone, tablet), unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., WiFi, LTE, 4G), and general location information such as city, state or geographic area; and (ii) information about your visit to the Services and online activity data (such as the referral URL, the content viewed and the content interacted with). Some of this information is collected using cookies, web beacons and related local storage technologies. See below for further information on these technologies. We collect this information to better understand how visitors use the Services, to improve the Services and experience for visitors, and to monitor the security of the Services.

We may aggregate all information (including your personal information) collected from the Services for our own statistical and analytics purposes and share such aggregated information with third parties for our own promotional purposes (e.g. by publishing a report on trends in the usage of the Services).

Information Kilo Code does not collect

Kilo Code does not intentionally collect sensitive or special category personal information, such as genetic data, biometric data for the purposes of uniquely identifying a natural person, health information, or religious information.

Kilo Code does not knowingly collect information from or direct the Services or content specifically to children under the age of 18. If we learn or have reason to suspect that a user is under the age of 18, we will close that account.

Lawful basis and purposes for processing your personal information

If you are an individual in the United Kingdom or European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable United Kingdom and/or EU laws. The legal bases depend on the Services you use and how you use them. This means we collect and use your information only where we have the following legal basis for doing so.

To fulfil a contract or take steps linked to a contract with you

We use your personal information to:

• administer access to your accounts;
• manage our customer relationships;
• process orders, provide our products and services and send you service related communications; and
• provide you with customer support.

Legitimate interests

We use your personal information:

• to improve and personalize your experience with us and the Services and to tailor communications to you;
• to understand how you use the Services and to develop new products, services, features, and functionality;
• to monitor and improve the performance of our products and services for administrative, security and fraud prevention purposes;
• for our own internal functions, management and corporate reporting, and internal research and analytics;
• to enforce compliance with our terms of use and other policies or otherwise in connection with legal claims, compliance, regulatory and investigatory purposes as necessary (including disclosure of such information in connection with legal process or litigation);
• to fulfill payments and transactions;
• to provide information about our Services;
• to respond to your requests, questions and feedback;
• for marketing and advertising purposes as we may from time-to-time send you direct marketing emails as permitted by law, including, but not limited to, notifying you of special promotions, offers and events; and
• to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

Consent

We may rely on your consent:

• where you have expressly indicated to us your consent to the processing of your personal information (e.g. where you consent to receive marketing communications from us);
• where we have obtained your consent to place cookies or similar technologies; and
• on other occasions where we ask for your consent, for the purpose we explain at the time.

You may withdraw your consent at any time through the unsubscribe feature provided with the relevant marketing email or by contacting us using the details in the ‘Contacting Kilo Code About Your Privacy’ section of this Privacy Policy.

How Kilo Code uses and protects your personal information

Sharing your information

Kilo Code may share your personal information with the third-parties listed below for the purposes that are described in this Privacy Policy or otherwise with your consent.

Kilo Code only shares your personal information with those of its employees, contractors, and affiliated organizations that (i) need to know that personal information in order to process it on Kilo Code’s behalf or to provide services available as part of the Services, and (ii) that have agreed not to disclose it to others.

Kilo Code may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

Kilo Code may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution. In such a case, we will make reasonable efforts to require the recipient to honor this Privacy Policy.

Service Providers and partners. Kilo Code engages a number of service providers or partners to manage or support certain aspects of our business operations on our behalf. For instance, we currently use the following service providers who will handle your personal information:

• Orb – Billing and subscription management
• Anthropic – AI-powered content generation (LLMs)
• OpenRouter – Unified interface to AI-powered content generation (LLMs)
• Stripe – Payment processing and financial services

Our service providers and partners are required by contract to safeguard any personal information they receive from us and are prohibited from using the personal information for any purpose other than to perform the services as instructed by Kilo Code.

Legal Requirements. We may disclose personal information to government authorities or other third-parties if required to do so by law or in the good faith belief that such action is necessary to: (a) comply with a subpoena, court order or similar legal obligation, (b) protect and defend our rights or property, (c) act in urgent circumstances to protect the personal safety of users of any App or the public, (d) protect against legal liability, (e) to investigate fraud or other unlawful activity, or (f) or as otherwise required or permitted by law.

Kilo Code takes measures reasonably necessary to protect your personal information against any unauthorized access, use, alteration, or destruction.

Cross-border transfer of personal information

The Services are hosted in the United States and the personal information we collect will be stored and processed on our servers in the United States. Our employees, contractors and affiliated organizations that process information for us as described above may be located in the United States or in other countries outside of your home country which may have different data protection standards to those which apply in your home country.

Where your personal information is transferred outside of the EEA, Switzerland and UK and where this is to a country which is not subject to an adequacy decision by the EU Commission or considered adequate as determined by applicable data protection laws, we will take steps to ensure your personal information is adequately protected by safeguards such as Standard Contractual Clauses (“SCCs”) approved by the EU Commission or by the UK Government. A copy of the relevant mechanism can be obtained for your review on request by using the contact details in the ‘Contacting Kilo Code About Your Privacy’ section of this Privacy Policy.

Kilo Code communications with you

If you are a registered user of the Services and have supplied your email address, Kilo Code may occasionally send you an email to tell you about security, system information, new features, solicit your feedback, or just keep you up to date with what’s going on with Kilo Code and our products. We primarily use our blog to communicate this type of information, so we expect to keep this type of email to a minimum. You can email us at support@kilocode.ai to stop receiving such emails at any time.

If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish your request in order to help us clarify or respond to your request or to help us support other users. We will not publish your personal information in connection with your request.

Your choices

In this section, we describe the rights and choices available to all users.

Opt out of marketing communications. You may opt out of marketing-related communications by emailing us at support@kilocode.ai.

Cookies. Most browser settings let you delete and reject cookies placed by websites. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, you may not be able to use all functionality of the website and it may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org.

Online tracking opt-out. There are a number of ways to opt out of having your online activity and device data collected through our website, which we have summarized below:

• Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit allaboutcookies.org. Use the following links to learn more about how to control cookies and online tracking through your browser:
  • Firefox; Chrome; Microsoft Edge; Safari
• Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
• Google Analytics. We use Google Analytics to help us better understand how people engage with our Services by collecting information and creating reports about how users use our Services. For more information on Google Analytics, click here. For more information about Google’s privacy practices, click here. You can opt out of Google Analytics by downloading and installing the browser plug-in available at: https://tools.google.com/dlpage/gaoptout.
• Using privacy plug-ins or browsers. You can block our Services from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, DuckDuckGo, Ghostery or uBlock Origin, and configuring them to block third party cookies/trackers.
• Ad network opt-outs. Some third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors and research firms, allow you to opt-out directly by using their opt-out tools. Some of these providers, and links to their opt-out tools, are:
  • Google
  • Facebook
• Advertising industry opt-out tools. You can also use these opt-out options to limit use of your information for interest-based advertising by participating companies:
  • Digital Advertising Alliance
  • Network Advertising Initiative

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Global privacy practices and your rights

Information we collect may be stored and processed in the United States in accordance with this Privacy Policy but we understand that users from other countries may have different expectations and rights with regard to their privacy. For all users of the Services, no matter their country of location, we will:

• provide clear methods of unambiguous, informed consent when we do collect your personal information and where required by applicable law;
• only collect the minimum amount of personal information necessary for the purpose it is collected for, unless you choose to provide us more;
• offer you simple methods of accessing, correcting, or deleting your information that we have collected, with the exception of information you voluntarily provide that is necessary to retain as is for the integrity of our project code as described further below; and
• provide users of the Services notice, choice, accountability, security, and access, and we limit the purpose for processing. We also provide our users a method of recourse and enforcement.

Additional rights that may apply to you in certain instances:

• Right of data portability (if our processing is based on consent or a contract and the processing carried out by automated means);
• Right to withdraw consent at any time (if processing is based on consent). If you ask to withdraw your consent, this will not affect any processing which has already taken place at that time.
• Right to object to processing (if processing is based on legitimate interests)
• Right to object to processing of personal data for direct marketing purposes
• Right of erasure of your personal data from our system (“right to be forgotten”) if certain grounds are met

These rights may be limited, for example if fulfilling your request would reveal personal information about another person, or if you ask us to delete information which we are required by law or have compelling legitimate interests to keep.

Where we collect personal information to administer your accounts or your contract with us or to comply with our legal obligations, this is mandatory and we will not be able to manage our relationship with you without this. In all other cases, the provision of requested personal information is optional, but this may affect your ability to participate in certain Services-related activities or being able to access and use certain features and services, where the information is needed for those purposes.

To exercise your privacy rights, you can email us at the address given below in the ‘Contacting Kilo Code About Your Privacy’ section of this Privacy Policy.

Data retention and deletion

If you already have an account for the Services, you may access, update, alter, or delete your basic user profile information by logging into your account and updating profile settings.

Kilo Code will retain your information for as long as your account is active or as needed to perform our contractual obligations, provide you services through the Services, to comply with legal obligations, resolve disputes, preserve legal rights, or enforce our agreements. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable opportunity. We may rectify, update or remove incomplete or inaccurate information, at any time and at our own discretion. For more information on our retention periods you can contact us using the details in the ‘Contacting Kilo Code About Your Privacy’ section of this Privacy Policy.

Please note that due to the open source nature of our products, services, and community, we may retain limited personal information indefinitely in order to ensure transactional integrity and nonrepudiation. For example, if you provide your information in connection with a GitHub issue or comment, we may display that information even if you have deleted your account as we do not automatically delete community posts.

Contacting Kilo Code About Your Privacy

The relevant data controller for any personal information processed in connection with the Services is Kilo Code Inc.

If you have any questions about this Privacy Policy or our privacy and security practices or you wish to make a complaint about our compliance with applicable privacy laws, contact us at support@kilocode.ai.

If you have questions or concerns about the way we are handling your personal information, or would like to exercise your privacy rights, email us with the subject line “Privacy Concern” at support@kilocode.ai.

In most cases, we will respond within 30 days of receiving your message.

Privacy policy changes

Kilo Code may change its privacy policy from time to time, and in Kilo Code’s sole discretion.

If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.