Terms of Service

Kiiwi.ai ("Kiiwi," "we," "us," or "our") operates a real-time deal creation and promotion platform that connects local businesses (merchants) with consumers through features like OfferDrop, TickLock, SpinDrop, real-time maps, notifications, and rewards. These Terms of Service ("Terms") govern your access to and use of our website (kiiwi.ai), mobile applications, and services (collectively, the "Services"). By registering, logging in, or using the Services, you agree to these Terms. If you are using the Services on behalf of a business or entity, you represent that you have authority to bind that entity.

If you do not agree with these Terms, please do not use the Services.

1. Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to use the Services. By using the Services, you represent that you meet this requirement and are not barred from using the Services under applicable law. Merchants must represent legitimate businesses and comply with all relevant regulations.

2. Accounts and Registration

To access certain features, you must create an account and provide accurate information, including your role (consumer, merchant, or admin). You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. Notify us immediately at support@kiiwi.ai of any unauthorized use.

We may suspend or terminate accounts for violations of these Terms, fraud, or legal requirements. Merchants must complete verification processes, including submitting documents, to post deals.

3. Description of Services

The Services allow:

Merchants to create, schedule, and manage real-time deals with AI assistance for suggestions and pricing validation.
Consumers to discover, claim, and redeem deals via maps, notifications, and gamified features like SpinDrop and TickLock.
Admins to moderate content and view analytics.

Features include Kiiwi Wallet for rewards, push notifications, social sharing, referrals, and integrations like Google Maps. We may update or discontinue features at any time.

Deals are created and offered solely by merchants. We do not endorse or guarantee the accuracy, availability, or quality of any deal, product, or service. Redemptions occur directly between consumers and merchants; we act only as a platform.

4. User Content and Conduct

You may upload content like profiles, deal images, or reviews ("User Content"). You grant us a worldwide, non-exclusive, royalty-free license to use, host, store, and display User Content as needed to provide the Services, including for promotions or AI training (anonymized where possible).

You agree not to:

Post false, misleading, or fraudulent deals (e.g., fake discounts).
Violate laws, infringe intellectual property, or harass others.
Use the Services for spam, automated access, or reverse engineering.
Share sensitive data or engage in unauthorized transactions.

Merchants must ensure deals comply with pricing integrity rules, including AI validation and proof of regular pricing. We may remove User Content that violates these Terms.

For features like ZapDeal, opt-in consent is required, and location tracking must comply with privacy laws.

5. Intellectual Property

The Services, including software, designs, trademarks (e.g., OfferDrop, TickLock), and content, are owned by us or our licensors. You receive no ownership rights. We pursue patents for platform features to protect our intellectual property.

You may not copy, modify, or distribute our content without permission. User Content remains yours, subject to the license above.

6. Fees and Payments

The Services are freemium: basic access is free. Premium tiers for merchants unlock analytics, CRM, and loyalty tools. Optional transaction fees (5-10%) apply to redemptions if integrated with payments; merchants can disable this.

Consumers may subscribe for premium features like enhanced SpinDrop access. Boosting or featured placements incur fees.

All fees are non-refundable except as required by law. We use third-party processors; you agree to their terms. Taxes are your responsibility.

7. Rewards and Gamification

Points, badges, challenges, and Kiiwi Wallet credits are promotional and have no cash value. We may adjust, suspend, or terminate rewards at any time without notice. Rewards are non-transferable and expire per program rules.

Referrals and revenue-sharing features (e.g., supporter passes) are structured as loyalty rewards, not investments or securities. Participation requires compliance with eligibility rules.

8. Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee uninterrupted access, error-free operation, or that deals will be honored by merchants.

Location-based features depend on device accuracy and may not be precise. AI suggestions are for guidance only and not professional advice.

Your use of third-party sites or services (e.g., social logins, Google Maps) is at your own risk.

9. Limitation of Liability

To the fullest extent permitted by law, we, our affiliates, and partners shall not be liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, data loss, or business interruption, arising from or related to the Services, even if advised of the possibility.

Our total liability shall not exceed the amount you paid us in the past 12 months (or $100 if no payment). This applies to all claims, whether in contract, tort, or otherwise.

Merchants are solely responsible for their deals, products, and compliance; we are not liable for disputes between users.

10. Indemnification

You agree to indemnify and hold us harmless from claims arising from your use of the Services, User Content, violations of these Terms, or infringement of third-party rights.

11. Termination

We may terminate or suspend your access at any time for violations, with or without notice. Upon termination, your rights under these Terms end, but obligations (e.g., payment, confidentiality) survive.

You may stop using the Services anytime. Accounts inactive for 2 years may be deleted.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, USA, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the state or federal courts in Los Angeles County, California. You waive any jury trial rights.

For users outside the US, you consent to the above jurisdiction.

We encourage informal resolution first; contact support@kiiwi.ai.

13. Changes to Terms

We may update these Terms at any time. Changes are posted here with the new effective date. Significant updates will be notified via email or in-app notices. Continued use after changes constitutes acceptance.

14. Miscellaneous

These Terms, together with our Privacy Policy, constitute the entire agreement. No waiver of any term is a continuing waiver. If any provision is invalid, the remainder remains enforceable.

We are not responsible for events beyond our control (e.g., force majeure).