Terms of Service

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Kiwi ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of our services, including any content, functionality, and services offered on or through the Kiwi App (the "App"), the Kiwi Website (the "Site" - https://trykiwi.app), or any of our other services, whether as a guest or user.

Please read the Terms of Use carefully before you start to use our services. By using our services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, and the Licensed Application End User License Agreement from Apple and/or Google Play, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use our services.

Our services are offered and available to users who are 13 years of age or older, and reside in the United States or any of its territories or possessions. By using our services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our services.

Moving forward in this agreement "our services", "any of our services" or phrases with the same intent refer to the Kiwi App (the "App"), the Kiwi Website (the "Site"), or any of our other services.

Health and Wellness Disclaimer

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on our services.

Your continued use of our services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing Our Services and Data Management

We reserve the right to withdraw or amend any of our services, and any service or material we provide on our services, in our sole discretion without notice. We will not be liable if for any reason all or any part of our services is unavailable at any time or for any period.

You are responsible for:

• Making all arrangements necessary for you to have access to our services.
• Ensuring that all persons who access our services through your internet connection are aware of these Terms of Use and comply with them.
• Managing and securing your habit data stored on your device.
• Creating backups of your data if desired (the App may provide backup features).

Since Kiwi does not require account creation, your habit data is primarily stored on your device. You have full control over this data and can delete it at any time through the App's settings.

Intellectual Property Rights

Our services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use our services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on any of our services, except as follows:

• Your device may store the App and your personal habit data.
• Your computer may temporarily store copies of materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may download the App to your mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement.

You must not:

• Modify the App or any copies of materials from our services.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our services.
• Reverse engineer, decompile, or disassemble the App.

If you wish to make any use of material on our services other than that set out in this section, please address your request through our contact form at https://trykiwi.app.

No right, title, or interest in or to our services or any content on our services is transferred to you, and all rights not expressly granted are reserved by the Company.

Trademarks

The Kiwi name, the Kiwi logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans within our services are the trademarks of their respective owners.

Prohibited Uses

You may use our services only for lawful purposes and in accordance with these Terms of Use. You agree not to use our services:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our services.
• To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our services.
• To use any robot, spider, or other automatic device, process, or means to access our services for any purpose, including monitoring or copying any of the material on our services.
• To attack our services via a denial-of-service attack or a distributed denial-of-service attack.
• To otherwise attempt to interfere with the proper working of our services.
• To use the App in any way that could harm your health without appropriate medical consultation.

User Data and Privacy

All information we collect through our services is subject to our Privacy Policy. By using our services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Your habit data remains under your control. You can:

• Add, edit, or delete habits at any time
• Export your data (if this feature is available)
• Delete all your data through the App settings
• Choose whether to enable backup features

We do not access or review your personal habit data unless required by law or necessary for technical support (with your consent).

Premium Subscriptions and Purchases

Subscription Terms

• The App offers premium features through paid subscriptions.
• Subscriptions are processed through the Apple App Store or Google Play Store.
• Subscription fees are billed according to the payment schedule you select at purchase.
• Your subscription will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period.
• You can manage or cancel your subscription through your device's app store account settings.

Lifetime Subscriptions

A Lifetime Subscription to the App shall remain in effect for as long as the App remains operational and supported on the app stores. Upon the termination of the App, the Lifetime Subscription shall cease.

Refunds

All purchases are subject to the refund policies of Apple App Store or Google Play Store. We do not directly process refunds.

Changes to Our Services

We may update the content and features of our services from time to time, but content is not necessarily complete or up-to-date. Any of the material on our services may be out of date at any given time, and we are under no obligation to update such material.

We may also:

• Add, modify, or remove features
• Update the user interface
• Change subscription pricing (with notice for existing subscribers)
• Discontinue the service (with reasonable notice when possible)

Links and Third-Party Services

Links from Our Services

If our services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Third-Party Analytics

We use third-party analytics services to improve our App. These services may collect information about your use of the App in accordance with our Privacy Policy.

Disclaimer of Warranties

YOUR USE OF OUR SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES IS AT YOUR OWN RISK. OUR SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE COMPANY DOES NOT WARRANT THAT:

• The App will help you build or maintain habits successfully
• The App will be uninterrupted or error-free
• Defects will be corrected
• The App is free of viruses or other harmful components
• The App will meet your needs or expectations
• Your data will never be lost (you are responsible for backups)

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Personal injury or health issues arising from habits tracked in the App
• Loss of data or habit progress
• Loss of revenue or profits
• Emotional distress
• Failure to achieve habit goals

EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Use
• Your use of our services
• Any habits you track or implement through the App
• Any health or personal outcomes resulting from your use of the App
• Your violation of any third-party rights

Governing Law and Jurisdiction

All matters relating to our services and these Terms of Use shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or any of our services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of any of our services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR ANY OF OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use, our Privacy Policy, and Licensed Application End User License Agreement from Apple and/or Google Play, constitute the sole and entire agreement between you and Kiwi regarding our services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our services.

Termination

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use.

Upon termination, your right to use the services will cease immediately. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

DMCA Copyright Policy

We respect the intellectual property rights of others. If you believe that any content available through our services infringes your copyright, please notify us through our contact form at https://trykiwi.app with the following information:

• A description of the copyrighted work you claim has been infringed
• A description of where the alleged infringing material is located
• Your contact information
• A statement that you have a good faith belief that the use is not authorized
• A statement that the information in your notice is accurate
• Your physical or electronic signature

We reserve the right to remove any content alleged to be infringing without prior notice and at our sole discretion.

Privacy and Data Protection

Your use of our services is also governed by our Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

We do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to use the App or send any personal information about yourself to us.

Electronic Communications

By using our services, you consent to receive electronic communications from us. These electronic communications may include notices about your premium subscription (if applicable) and information concerning or related to our services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Geographic Restrictions

The owner of our services is based in the United States. We provide our services for use by persons located worldwide, but some features may not be available in all regions. We make no claims that our services or any of its content is accessible or appropriate in any particular location. Access to our services may not be legal by certain persons or in certain countries. If you access our services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Contact Information

All feedback, comments, requests for technical support, and other communications relating to our services should be directed through our contact form at: https://trykiwi.app

For copyright infringement claims or other legal notices, please use the same contact form and clearly indicate the nature of your inquiry.