Correct: can't opt out of training. This is well documented.
"Can't use for commercial purposes" - incorrect AFAICT. In what sense do you mean this? The open weight MIT version obviously allows for commercial use, but I don't think that's what you're referring to, because training data is irrelevant on the open weight version. Pretty sure the API allows commercial use too. Maybe the free version doesn't? But who cares?
> Service Misuse. You acknowledge that without the written consent of us and/or the relevant rights holders, (i)you have no authority to use Kimi and the content generated by Kimi in any commercial manner; (ii)you may not use our Services to develop products or services that compete with us.
Can’t use for commercial purposes. Can’t opt out of training. Data retained.