DRAFT — not yet in force. This notice will replace any prior version at the time of public launch. Placeholders (e.g., <your product email>) must be substituted before publication.

REPLACE ALL <your product email> PLACEHOLDERS WITH A DEDICATED PRODUCT EMAIL BEFORE PUBLISHING. Do NOT use any Foundation-context email.

Terms of Service — kite-mcp-server (Hosted Instance)

Last updated: <YYYY-MM-DD>

These Terms govern your use of the hosted instance of kite-mcp-server at https://kite-mcp-server.fly.dev (the "Service"), operated by Sundeep Govarthinam, a sole proprietorship based in India ("Operator", "we"). Self-hosted deployments of the open-source code are governed by the MIT licence only and are outside these Terms.

1. Acceptance

By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. Service description

The Service is a Model Context Protocol (MCP) server that lets your chosen AI client (e.g., Claude, an MCP-capable chat UI) communicate with your own Zerodha Kite account. It is a software tool, not a financial adviser, broker, research analyst, or portfolio manager. All trading decisions are yours.

3. Your account

• You must bring your own Kite Connect developer app. No shared or Operator-provided Kite credentials are used.
• Your use must stay within SEBI's self-plus-family algorithmic-trading scope as contemplated in §I(c) of the SEBI circular on algo trading by retail investors. Multi-user or commercial hosting is out of scope.
• You must keep your Kite credentials, OAuth tokens, and API key confidential. You are responsible for activity under your account.
• You must be 18 years or older and hold an active Zerodha trading and demat account.

4. Prohibited use

You must not:

• Host the Service for multiple end-users (would violate SEBI §III(a) on broker-vendor empanelment).
• Place orders in a pattern exceeding 10 orders per second (OPS) — that triggers empanelment obligations the Operator has not met.
• Share, resell, or sublicense your Kite credentials or access tokens.
• Reverse-engineer, scrape, or probe the hosted instance for vulnerabilities. (The open-source code is separate and is governed by the MIT licence — you can study, modify, and run that freely.)
• Circumvent or disable safety controls, including the riskguard layer, elicitation confirmations, or the ENABLE_TRADING feature flag.
• Engage in market manipulation, spoofing, layering, wash trading, or any conduct prohibited by SEBI (Prohibition of Fraudulent and Unfair Trade Practices) Regulations, 2003, or the SCRA.

5. SEBI disclaimer — no investment advice

The Operator is not registered with SEBI as an Investment Adviser, Research Analyst, Portfolio Manager, or Stock Broker. Any fees charged are for software access only and do not constitute investment advice or research.

Analytics, indicators, backtests, and tool outputs produced by the Service are informational only and are not personalised advice. Consult a SEBI-registered Investment Adviser before making trading or investment decisions.

Any Algo-ID or unique-order-code requirements imposed by SEBI or the exchanges are handled at the Zerodha OMS / broker layer, not by the Service.

6. Intellectual property

The source code is released under the MIT Licence. See https://github.com/Sundeepg98/kite-mcp-server.

"Kite", "Kite Connect", and "Zerodha" are trademarks of Zerodha Broking Ltd. and/or its affiliates. The Service is an independent project and is not affiliated with, endorsed by, or sponsored by Zerodha.

7. Limitation of liability

The Service is provided "as is" and "as available", with no warranties of merchantability, fitness for a particular purpose, non-infringement, uptime, accuracy, or suitability for any trading strategy.

To the maximum extent permitted by law:

• The Operator's total aggregate liability for any claim arising out of or relating to the Service is capped at the fees you paid in the twelve (12) months preceding the claim, or ₹0 if no fees were paid.
• You bear all trading risk. Losses, missed trades, slippage, exchange outages, Kite API failures, and latency-related outcomes are your responsibility.
• Paper-trading results are simulated and are not indicative of future performance.
• You agree to indemnify and hold the Operator harmless from claims arising out of your use of the Service, your violations of these Terms, or your violations of applicable law.

8. Governing law and disputes

These Terms are governed by the laws of India. Any dispute will first be addressed through 30 days of good-faith negotiation with the Grievance Officer at sundeepg8@gmail.com.

If unresolved, the dispute will be referred to arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator appointed by mutual agreement, with the seat at Bengaluru and proceedings in English. Matters arising under the Securities Contracts (Regulation) Act, 1956 or the SEBI Act, 1992 remain with the appropriate regulator, including SEBI and the Securities Appellate Tribunal (SAT).

9. Termination

• You can stop using the Service at any time via the self-service account deletion in the dashboard and/or by emailing sundeepg8@gmail.com.
• We may suspend or terminate your access for violations of these Terms, security concerns, or compelled legal actions.
• If we shut down the Service, we will give at least 30 days' notice and make a data export available to you during that window.

10. Changes to these Terms

Revisions are versioned using semantic versioning. For material changes, we will provide at least 15 days' advance notice via email and a banner on the Service before the change takes effect. Continued use after the effective date constitutes acceptance of the revised Terms.

11. Contact

• Operator: Sundeep Govarthinam (sole proprietorship, India)
• Email: sundeepg8@gmail.com
• Repository: https://github.com/Sundeepg98/kite-mcp-server