> We may use Content to provide, maintain, develop, support, and improve the Services, comply with applicable law, enforce our terms and policies, and keep the Services safe and secure. Customer who requires restrictions on the use of Customer Content for training or improving Moonshot AI models may contact Moonshot AI to discuss available enterprise arrangements or separate written agreements. Unless otherwise expressly agreed in writing, Customer Content may be used for the foregoing purposes.
Notably, unlike Claude, there is not an opt-out option for the model training part. The TOS explicitly allows Kimi to train on your code.
If you're looking to not have to deal with Chinese providers, AtlasCode ($20/mo), OpenCode Go ($10/mo), and Cline Pass ($10/mo) provide 2x to 6x usage for some of the popular open weights (depending on the model).
Personally, I subscribe to Z.ai ($17/mo), and pay API rates for MiMo v2.5, Hy3, Qwen 3.7 Plus, & DeepSeek v4 to the original providers (Xiaomi, Tencent, Alibaba, & DeepSeek).
All of the Western providers with sufficient capacity will be able to make it available when the weights are released Monday.
If you can’t figure it out from their website, perhaps it is a red flag?