Terms of Service

INTRODUCTION AND DEFINITIONS

Welcome to Kiwi! The following terms and conditions of use and end user license agreement (the "Terms") constitute an agreement between you, or if you are under the age of majority in your local jurisdiction, your parent or legal guardian (collectively, "user", "you" or "your") and Kiwi Labs, LLC and its affiliates and subsidiaries (collectively, "Kiwi", "our", "us" or "we"). These Terms govern your use of and access to the Site, Services and/or Content (each as specified below) and are a legally binding agreement between you and Kiwi.

NO WARRANTIES AND USER RESPONSIBILITY

PLEASE READ THIS SECTION CAREFULLY. BY USING THE SERVICES, YOU ACKNOWLEDGE AND ACCEPT THESE RISKS.

To the fullest extent permitted by law, your use of the Site, Services, and any linked sites is at your own risk. The Services are provided on an "as is" and "as available" basis, without any express or implied warranties of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, accuracy, or completeness. We do not warrant or guarantee that the Site or Services will be uninterrupted, error-free, or free from viruses or other harmful components. We disclaim any responsibility for inaccuracies, errors, or service failures.

You acknowledge and accept that:

• Reliance on Content – Any information, advice, or materials provided through the Services, including but not limited to nutritional data, are for informational purposes only. You are solely responsible for evaluating their accuracy, completeness, and applicability to your needs.
• Inherent Risks – The use of online services and digital content carries inherent risks, including but not limited to data inaccuracies, service interruptions, and reliance on user-generated content. Users assume all risks associated with their use of the Services and any third-party interactions.
• No Healthcare or Medical Advice – The Content and Services provided through the Site are for informational purposes only and do not constitute medical, healthcare or wellness advice or a substitute for consultation with a qualified medical practitioner or healthcare provider. You should consult a licensed healthcare professional before making any decisions based on information obtained from the Site.
• Third-Party Interactions – The Site may feature third-party content or links. We do not control or endorse such third parties and disclaim all liability arising from your interactions with them.

By continuing to use the Services, you voluntarily assume all risks associated with such use and agree that Kiwi shall not be liable for any damages arising from these risks.

This disclaimer applies to you and your heirs, successors, and assigns and remains in effect even after your use of the Site or Services ends. This provision shall apply to the maximum extent permitted by law and does not waive rights that cannot be lawfully excluded.

ACKNOWLEDGEMENT

By accessing and using the Site, Services or Content, you acknowledge that you have read and understood this section, and that you agree to these terms voluntarily and without reliance on any representations made by Kiwi.

WHO CAN USE KIWI

The Site, Services and Content are not intended for and should not be used by children under the age of 13.

If you are 13 years of age or older but under the age of majority in your local jurisdiction, your parent or legal guardian must permit you to access the Site, Services and/or Content (each a "Permitted Minor").

If you are not a Permitted Minor, you are not permitted to access or use the Site, Services and/or Content and you must exit the Site, cease using the Site, Services and/or Content immediately until your parent or legal guardian has accepted these Terms.

ACCEPTANCE OF THESE TERMS AND REVISIONS

You should carefully review these Terms and Privacy Policy as they are a legally binding agreement between you and Kiwi. If you do not agree with them, you are not permitted to access or use the Site, Services and/or Content and you should exit the Site, cease using the Site, Services and/or Content immediately and, if you have downloaded or installed any of the Content on to your devices, uninstall the Content from such devices immediately.

Accessing the Site, submitting information to us (regardless of whether you register an account with us) or downloading, installing or using any of the Content or Services constitutes your agreement to these Terms and you consent to the collection, use and disclosure of information as described in these Terms and our Privacy Policy which is incorporated into and forms a part of these Terms. If you do not agree to these Terms you must not submit information to or register an account with us, access the Site or download, install or use any of the Content or Services.

We reserve the right, acting in our sole discretion and at any time, to revise these Terms, including the Privacy Policy. We will give you notice of such revisions by posting the revisions to the Site. It is your responsibility to ensure that you are aware of the current Terms when you access or use the Site, Services and/or Content. If you or a Permitted Minor continue to access or use any of the Site, Services and/or Content after any revisions to these Terms are posted you and/or the Permitted Minor will be deemed to have accepted those revisions.

HARDWARE, SOFTWARE AND CONNECTIVITY

You are responsible for maintaining an account with any social networking service through which you connect to the Site, Services and Content, necessary to connect to the Site, Services and Content, and you are responsible for any fees, including internet connection, mobile data services and similar third-party fees that you incur when accessing the Site, Services and/or Content.

1. USE OF SERVICES AND YOUR ACCOUNT

Kiwi requires that all users of the Site, Services and/or Content adhere to these Terms. Please note that each user that is 13 years of age or older but under the age of majority in their local jurisdiction must become a Permitted Minor by having their parent or legal guardian accept these Terms on their behalf and take full responsibility for compliance with these Terms by all persons who access or use the Site, Services and/or Content and for whom they are legally responsible.

By accessing or using the Site, Services and/or Content and/or permitting access to the Site, Services and/or Content to a Permitted Minor, and/or by clicking a box or button, or allowing a Permitted Minor to click a box or button, that states that you accept or agree to these Terms, you confirm your acknowledgment and acceptance of these Terms and you hereby guarantee that such Permitted Minor shall adhere to these Terms.

If you are a Permitted Minor or otherwise under the age of majority in your local jurisdiction, you represent and warrant that your parent or legal guardian has accepted these Terms and has guaranteed your adherence to these Terms.

a) User Accounts and Security

In order to access certain features of the Site, Services and/or Content, you may be required to register an account (the "Account") through the Site or Services. When registering or updating your Account, you must provide accurate and complete personal information, including your e-mail address and, if applicable, payment information, to create a username and password (collectively, the "Login Information"). By providing your e-mail address, you consent to Kiwi contacting you via that address. Your Login Information will be securely retained and used in accordance with Kiwi's Privacy Policy. You agree to promptly update your Login Information if any changes occur.

You are solely responsible for maintaining the confidentiality of your Login Information and restricting access to your computer or other media devices. You agree to accept full responsibility for all activities under your Account, including any purchases, whether or not you have authorized them. You may not share your Account or Login Information with anyone else. If you suspect unauthorized use of your Account or any security breach, you must notify us immediately at hi@joinkiwi.app. Please note, Kiwi is not liable for unauthorized access to your Account, even if you have notified us.

Kiwi employs reasonable measures to protect your User Generated Content and Account security. However, we cannot guarantee that unauthorized third parties will not breach these security measures. For your protection, we strongly advise logging off and closing the Kiwi application or webpage at the end of each session, especially when Permitted Minors are involved.

b) User Names

Your user name may be publicly visible in certain areas of the Site, Services and/or Content. For this reason, you should avoid choosing a user name that could compromise the security of any of your personal information. We reserve the right to reject and/or remove any user name and to require you to choose a different user name at any time, for any reason, and acting in our sole and absolute discretion, including but not limited to a third-party claim that the user name violates its rights.

You agree that you will not select or use a user name that is the name of, or makes reference to, another person or entity for the purposes of impersonating that person or entity or for falsely creating the appearance that you are associated with the person or entity. Furthermore, you agree that you will not select or use a user name:

• in which another person or entity has legal rights unless you have that person or entity's express permission to do so; or
• that a reasonable person would consider to be offensive.

c) Accessing your Account(s)

Each time that you and/or a Permitted Minor log into and access an Account, you represent and warrant that:

1. you are the person who registered the Account or are a Permitted Minor of such person;
2. all of the personal information registered in connection with the Account is current, complete and accurate;
3. you and/or the Permitted Minor are accessing the Site and using the Services and Content solely for lawful purposes and in strict compliance with these Terms;
4. you and/or any Permitted Minor are accessing the Site, Services and/or Content solely for your own personal, non-commercial purposes;
5. you are not, and are not acting on behalf of, any competitor or prospective competitor of Kiwi or its affiliates or subsidiaries;
6. you and/or any Permitted Minor are not accessing the Site, Services and/or Content for the purposes of any dispute or litigation involving Kiwi or its affiliates or subsidiaries; and
7. you and/or any Permitted Minor are not accessing the Site, Services and/or Content for any illegal purpose or to advertise, solicit or communicate with other users for any commercial purpose.

d) Updates and Discontinuance of Site or Services

You acknowledge and agree that the Site, Services and Content are under continual development and may include public patches and/or updates, which are generally available to all users, or private patches and/or updates which are available to a smaller number of users for testing and feedback before being made generally available. You further acknowledge and agree that you may be required to accept public patches and updates to the Site, Services and/or Content from time to time in order to continue to access the Site, Services and/or Content and your related Account(s).

You acknowledge and agree that Kiwi may update, modify, patch and/or discontinue any aspect of the Site, Services and/or Content, by remotely installing updates and patches or otherwise, without your consent or approval and with or without prior notice to you and that the Terms apply to those updates and modifications. We do not have any obligation to provide updates or modifications or to continue to provide particular Services.

You acknowledge that it may be necessary for you to update or upgrade third-party software, hardware and devices from time to time in order to continue to access and use the Site, Services and/or Content and your related Account(s). Kiwi reserves the right to modify or increase the system specifications necessary to access and use the Site, Services and/or Content at any time and without notice and you are responsible for purchasing any necessary additional technology, systems or services in order to continue to access and use the Site, Services and/or Content and/or your related Account(s).

Kiwi reserves the right, at any time and without notice or liability to you, to update, modify and/or reset certain parameters of the Site and/or Services any of which may impact the status, progress or achievements of items or features under your control or associated with your Account(s).

e) Changes to Kiwi

Kiwi reserves the right, acting in its sole discretion and with or without prior notice to you, to do any of the following:

1. modify, suspend or terminate operation of, or access to, any portion, features or functions of the Site, Services and/or Content including, but not limited to, hours of availability, geographical availability and applicable policies or terms;
2. make changes to any fees or charges, if any, related to your use of the Site, Services and/or Content;
3. make changes to the equipment, hardware or software required to use and access the Site, Services and/or Content; and
4. interrupt the Site, Services and/or Content, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other modifications.

f) Service Monitoring and Suspension

Kiwi may monitor, terminate or suspend your Account or our Services at any time.

Kiwi may immediately, and without prior notice, terminate your ability to access the Site, Services and/or Content or portions thereof for any reason including, without limitation:

1. if you or any Permitted Minor violate or otherwise fail to strictly comply with any term or provision of these Terms;
2. if we have determined that your use has created or potentially created risk or legal exposure for Kiwi; or
3. in response to requests by law enforcement or other government agencies.

Upon termination of these Terms for any reason, you must cease use of your Account(s), cease accessing the Site and Services and promptly destroy all electronic and other copies of all Content, including all related documentation.

You acknowledge and agree that any termination or suspension of your Account may be made by us in our sole discretion and that we shall not be liable to you or any third-party for any termination or suspension of your Account, your access to the Site, Services or Content or for the removal of any materials uploaded or contributed by you to the Site.

g) Consent to Receive Communications

You consent to receive electronic communications from Kiwi either in the form of email sent to you at the email address listed on your Account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.

Upon registering an Account, you may receive email communications regarding the operations of our Services. You cannot opt out of receiving these communications while you continue to use our Services. You may also receive promotional emails while you use our Services. You can opt out of these emails at any time by using the unsubscribe feature located in the footer of such email or by managing your Account settings accordingly. You may also receive messages and other electronic communications from other users. You can manage the communications you receive from other users in our Services by managing the settings on your Account(s).

h) Data Collection and Ownership

Kiwi may collect data which is anonymous and associated with your computer, mobile device, and/or media system platform and which includes, but is not limited to, your city, actions you take within and outside the Services, your hardware/software/firmware, the browser you use, the date and time of your use of the Services, your in-media time, activities, purchases, badges, and on an aggregated and anonymous basis, your diary entries, data and notes, recipes, targets and profile ("Usage Data").

You agree that your contribution to the Usage Data will be owned by Kiwi without providing compensation to you or any other person and without any liability whatsoever.

2. PAYMENT TERMS – SUBSCRIPTIONS AND FREE TRIALS

Kiwi offers access to the Services on a subscription basis only. Except as expressly set out in these Terms, access to the Site, Services and/or Content requires payment of the applicable subscription fees.

a) Subscription Services

Kiwi provides access to the Services through a single paid subscription plan (the "Subscription"). The Subscription provides access to the features and functionality made available by Kiwi from time to time. Kiwi does not currently offer multiple service tiers.

Kiwi reserves the right, acting in its sole discretion, to add, remove, modify, or restrict features or functionality of the Services at any time, with or without notice, and without liability to you.

b) Free Trials

Kiwi may, in its sole discretion, offer a free trial to new or eligible users ("Free Trial"). Free Trials provide temporary access to the Services at no charge for the duration specified at the time of sign-up.

Unless you cancel your Subscription before the Free Trial period ends, your Subscription will automatically convert to a paid Subscription, and the payment method you provided (or that is associated with your App Provider account) will be charged the applicable subscription fee, plus any applicable taxes.

c) Billing, Auto-Renewal and Authorization

Subscriptions automatically renew for successive subscription periods unless canceled prior to the end of the then-current subscription period. By purchasing a Subscription or starting a Free Trial, you expressly authorize Kiwi or the applicable App Provider to charge your designated payment method on a recurring basis until you cancel.

Subscription fees are billed in advance and are non-refundable except as required by applicable law.

d) App Store Purchases

If you purchase or manage your Subscription through a third-party app store or platform provider (each, an "App Provider"), including but not limited to Apple App Store or Google Play, billing, renewal, cancellation, and refunds are governed by the App Provider's terms and policies. Kiwi does not control App Provider billing processes and cannot issue refunds for purchases made through an App Provider.

e) Cancellation

You may cancel your Subscription at any time by following the cancellation instructions provided through the App Provider or, where applicable, through your Kiwi account settings. Cancellation will take effect at the end of the then-current subscription period, and you will continue to have access to the Services until that time.

f) Fee Changes

To the maximum extent permitted by applicable law, Kiwi reserves the right to change subscription fees at any time. Any fee changes will be communicated in advance as required by law or App Provider policies and will apply at the start of the next subscription period unless you cancel before the change takes effect.

3. PRIVACY

a) Your Privacy

Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of these Terms and is incorporated herein by reference. By providing personal information via the Site, you agree that we will collect, use and disclose your personal information as necessary to operate the Site, Services and/or Content and in accordance with the Privacy Policy and these Terms.

You acknowledge and agree that by providing Kiwi with any personal or proprietary user information through the Site, Services and/or Content, you consent to the transmission of such information as may be necessary for processing in accordance with Kiwi's standard business practices. You acknowledge that Linked Sites (defined below) and third-party services you use to access the Services may be subject to different privacy practices, and Kiwi disclaims responsibility for such practices.

4. CONTENT OWNERSHIP AND USE

a) Trademarks, Logos and Kiwi Branding

The trademarks, logos, signs, symbols, images and brands ("Marks") displayed on the Site are the property of Kiwi and/or our partners and third-party licensors. You are prohibited from using any Marks for any purpose, including but not limited to use as metatags or branding on other sites, without the prior written permission of Kiwi or the applicable rights holder.

All Content available on or through the Site and/or Services is protected by copyright and other intellectual property laws. You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works from, or otherwise exploit any Content for commercial or public purposes.

b) Ownership of User-Generated Content

You acknowledge that you are solely responsible for any User-Generated Content that you submit, upload, post, or otherwise make available through the Site and/or Services, including its legality, reliability, and ownership. You represent and warrant that you own or otherwise control all rights necessary to grant the licenses set forth herein.

c) Suggestions and Feedback

You agree that any and all creative ideas, concepts, suggestions, feedback, or other information that you provide to Kiwi ("Feedback"), whether solicited or unsolicited, will be owned exclusively by Kiwi without compensation to you. You hereby irrevocably assign to Kiwi all right, title, and interest in and to such Feedback, including all intellectual property rights therein.

d) User-Generated Content Retention

You acknowledge that once Content is made publicly available, it may be impossible to remove all copies. Following termination of your Account or removal of UGC, Kiwi may retain such UGC for a commercially reasonable period for backup, archival, or legal purposes. Licenses granted to Kiwi herein survive termination.

e) Limited End-User License

Subject to your strict compliance with these Terms, Kiwi grants you a limited, revocable, non-exclusive, personal, non-transferable license to access and use the Site and Services for lawful, personal, non-commercial purposes. You acquire no ownership rights in any Content or Services.

You may not copy, modify, translate, reverse engineer, create derivative works, or otherwise exploit the Site or Services except as expressly permitted by these Terms.

f) End-User License Term

The license granted herein commences upon your acceptance of these Terms and terminates automatically upon suspension or termination of your Account or breach of these Terms.

g) Grant of License in User-Generated Content to Kiwi

You hereby grant Kiwi a perpetual, irrevocable, worldwide, royalty-free, fully transferable and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and display your UGC in connection with the Site and/or Services, without compensation to you, and you waive all moral rights therein.

5. INTELLECTUAL PROPERTY RIGHTS

a) Kiwi's Intellectual Property

Kiwi's trademarks, service marks, names, logos and domain names (collectively, our "IP"), and the look and feel of the Site are our property. All right and title in and to the IP is and will remain the property of Kiwi and your access to the Site and use of the Services is subject to the Terms, including the License.

In using our IP, you must not:

1. display our IP in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Kiwi, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of, Kiwi or Kiwi's personnel;
2. display our IP on your site if your site contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons who are under the age of majority in their local jurisdiction;
3. display our IP as the most prominent element or the Kiwi logo as the largest logo (except as displayed in the image itself) on any page of your site;
4. use our IP to disparage Kiwi or our Services or display our IP in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Kiwi;
5. display our IP on a site that violates any law or regulation; or
6. remove, distort or alter any element of any of our logo or any of our trademarks (this includes squeezing, stretching, inverting, discoloring, etc.).

b) Third Party Intellectual Property Rights

You represent and warrant that all User-Generated Content of any kind that is uploaded to or transmitted through the Site and/or Services will not violate or infringe upon the rights of any third party including, but not limited to, any trade secret, copyright, trademark, trade dress, patent, privacy, confidentiality or other personal or proprietary rights of any such third parties. You further represent and warrant that your use of any user names attached to your Account will not violate or infringe upon the trademark, trade dress or other proprietary rights of any third party.

Without limiting any other rights and remedies of Kiwi, Kiwi may suspend the operation and use of any user names where it determines that the continued use of the user name will infringe on the personal, privacy or proprietary rights of any third party.

Kiwi may terminate the Account of any user who utilizes the Site and/or Services to unlawfully publish, transmit, link or otherwise provide access to copyrighted material without a valid license, the express consent of the copyright owner or a fair dealing or fair use exemption (or equivalent under applicable law) and the user shall have the burden of establishing the same to the satisfaction of Kiwi, acting in its sole discretion.

c) Alleged Copyright Infringement Policy

It is Kiwi's policy to respond to notices of alleged copyright infringement that are made in compliance with the United States Digital Millennium Copyright Act of 1998 (the "DMCA"). If you wish to provide notice of alleged copyright infringement, you must provide the necessary information in the form required by 17 U.S.C. Section 512 (c) and in accordance with the provisions set out below.

Kiwi may, in its sole and absolute discretion, terminate or suspend access to the Site and/or Services or any portion thereof, and/or cancel the Account of any user who repeatedly infringes or who is repeatedly alleged to have infringed the copyright or other intellectual property rights of third parties. Kiwi accommodates and does not interfere with standard digital rights management and other technical measures employed by copyright owners to protect their proprietary materials.

Kiwi requires all notices of alleged copyright infringement (a "Copyright Notice") to be in writing and delivered via regular mail, e-mail or fax to Kiwi or its agent in order to enable us to review and respond to your complaint as efficiently as possible while maintaining compliance with applicable laws. If you are providing a Copyright Notice under the DMCA, you must provide the detailed information outlined below. You should also be aware that, under the DMCA, you could be held liable for damages (including any costs and attorney's fees) if you materially misrepresent that material or activity is infringing your copyright. If you are not certain whether the material or activity about which you are complaining infringes your copyright, you should obtain competent legal advice.

If you are not subject to the laws of the United States or the infringing content is not hosted in the United States, the DMCA may not apply. If you are not certain whether the DMCA applies, you should obtain competent legal advice. The full text of the DMCA is available from the United States Copyright Office website.

Kiwi may notify a user that it has removed or disabled access to allegedly infringing material by means of: (a) a general notice on the Site; (b) an e-mail to a user's e-mail address in Kiwi's records; and/or (c) written communication to the physical address in Kiwi's records. Please note that pursuant to applicable law a copy of any Copyright Notice (including your personal information) may be provided to the user who allegedly provided the infringing content.

Counter Notice to Restore Removed Content

If you are a user and receive notice that your UGC is alleged to infringe the copyright or other intellectual property rights of a third party, you may provide a response in writing to Kiwi that contains the following:

1. a detailed description of the allegedly infringing material that has been removed or disabled, together with the specific location of the web pages containing the material before it was removed or disabled;
2. the following statement from you: "I certify, under penalty of perjury that I have a good faith belief that the materials described herein have been removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled";
3. your full name, physical address and telephone number;
4. the following statement from you: "I hereby consent to the jurisdiction of the courts of competent jurisdiction for the judicial district in which the physical address I have provided is located or, if such physical address is located outside of the United States, then I hereby consent to the jurisdiction for any judicial district in which Kiwi may be found, and I will accept service of process from the party who provided the DMCA Copyright Notice of the allegedly infringing material or an agent of such party."; and
5. your physical or electronic signature and the date of such signature.

6. COMMUNITY GUIDELINES

a) Interactive Areas

Some of the Services we provide include forums or other interactive features (the "Interactive Areas"). You are solely responsible for your use of the Interactive Areas and for User-Generated Content. The Interactive Areas are often public and any User-Generated Content produced in the Interactive Areas may remain public. We may, but do not always, monitor these Interactive Areas and take no responsibility for the User-Generated Content in the Interactive Areas.

We assume no responsibility for loss or damage as a result of interaction with other users or community members in Interactive Areas. You agree to take responsible precautions in all interactions with other users or community members in the Interactive Areas. We are under no obligation to become involved in any disputes between users or community members, but may do so at our sole discretion.

b) No Obligation to Monitor User-Generated Content

Kiwi is under no obligation to review any User-Generated Content whatsoever, posted in any Interactive Areas or private areas within the Site and/or Services by you or any other community members and assumes no responsibility or liability relating to any such User-Generated Content. Notwithstanding the above, Kiwi may from time to time monitor, and/or engage a third party to monitor, the User-Generated Content.

c) Prohibited Conduct

It shall be a material violation of these Terms for you and/or any Permitted Minor to post or attempt to post any User-Generated Content that contain or represent any of the following, as determined by Kiwi acting in its sole discretion:

1. Harassment and Abuse
2. Discrimination
3. Personal Information
4. Cybersecurity Threats
5. Illegal Activities
6. Intellectual Property Violations
7. Hate Speech
8. Violence and Threats
9. Self Harm
10. Spam and Misrepresentation
11. Manipulation
12. Disruption
13. Misuse

d) Enforcement and Reporting

If you encounter content or behavior that violates these guidelines, please report it to us using the reporting tools available on our platform. Violations of these guidelines may result in actions ranging from content removal to account suspension or termination, depending on severity.

e) Modifications and Updates

We reserve the right to modify or update these Community Guidelines and Acceptable Use Policy at any time. We will notify users of significant changes through our website and app.

f) Contact Us

If you believe any Content violates these Community Guidelines and Acceptable Use Policy, or if you know or suspect that someone is misusing your User-Generated Content, please report it to Kiwi at: hi@joinkiwi.app. We cannot be held responsible for any injury or harm to you resulting from objectionable User-Generated Content or another community member's failure to comply with these Guidelines.

7. THIRD PARTY LINKS AND SERVICES

The Site may contain links to websites and other resources operated by third parties other than Kiwi. Such links are provided solely as a convenience to you. Kiwi does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third-party websites or acquire any third-party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

a) Third Party Services and Logins

Some of the Services may be accessible, or give you the ability to use the Services, on or through a website, service or device not controlled by Kiwi. Kiwi takes no responsibility for your access to or use of the Services through or on any third-party device or service not controlled by Kiwi. Any such use is at your own risk and may subject you to additional or different terms and conditions imposed by the third party.

b) Third Party Content

Our Services may contain links to other Linked Sites that are not owned or controlled by us and we are not responsible for the content of any Linked Sites. The presence on the Site of a link to any other Linked Site does not imply that we endorse or accept any responsibility for the content or use of such Linked Site.

c) Third Party Products

Some of our Services may be accessed on third-party devices and other products ("Third Party Products"), and your ability to use certain features of the Services may require you to purchase Third Party Products. While we may recommend or market the products of certain partners, we have no responsibility for your acquisition or use of any Third Party Products, and we do not guarantee that Third Party Products will function with the Services or will be error-free. We hereby disclaim liability for all Third Party Products, including any Third Party Products offered by any third parties.

d) Third Party Activities and Events

Our Services may include the ability to discover, access or participate in certain services, activities, or events offered, organized, run and controlled by third parties ("Third Party Activities"). Your attendance at and participation in Third Party Activities is solely at your own risk. Kiwi will not be liable for any act, error or omission of any third party, including any which arises out of or is any way connected with your attendance, use of or participation in any Third Party Activities initially discovered, booked or registered for via the Services, or the performance or non-performance of any Third Party Activities in connection with the Services. Kiwi is not an agent of any provider of Third Party Activities.

8. MOBILE SERVICES

The Site may be available through certain mobile devices. You acknowledge and agree that Kiwi is not responsible for ensuring that your mobile device's software is compatible with the Site or that you can use or access the Site, Services and/or Content through your mobile device. If you are accessing our Services through applications, you should check with your carrier to understand what data and messaging rates will apply. In addition, the terms and conditions of the app store from which you are downloading any app will also apply.

a) Text and Mobile Messaging Consents

By downloading or using our applications, you agree that we may communicate with you regarding our Site and/or Services or respond to your communications to us through the Services by SMS, MMS, text message, push notification, email, or other electronic means directed to your device and that your application's Usage Data may be communicated to us.

b) Mobile Application License

We hereby grant you a personal, non-exclusive, non-transferable, non-sub-licensable, revocable license to use our applications downloaded directly from a legitimate marketplace, solely in object code format and solely for lawful purposes. With respect to any open source or third-party code that may be incorporated in the applications, such open source code is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code.

c) App Stores

If you download our applications from a third-party app store (the "App Provider"), you acknowledge and agree that:

1. The Terms are an agreement between you and Kiwi, and not with the App Provider;
2. The App Provider has no obligation to provide any maintenance and support services with respect to the applications;
3. In the event of any failure of the applications to conform to any applicable warranty, you may notify the App Provider and the App Provider may refund the purchase price for the applications to you (if applicable), and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever;
4. The App Provider is not responsible for addressing any claims you have relating to the applications or your possession and use of the applications;
5. If a third party claims that an application infringes another party's intellectual property rights, Kiwi will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms;
6. The App Provider and its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the applications and may enforce these Terms as such; and
7. You must also comply with all applicable third-party terms of service when using the applications.

9. HEALTH, SAFETY AND WELL-BEING

You understand and agree that Kiwi will not carry out and is not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to or accessed or discovered via the Services. Maps, directions, nutritional data, recommendations, or other information provided through the Services may be unavailable, inaccurate or incomplete.

You agree to always put your health, safety and well-being first and to exercise reasonable judgment when using the Services. You should consult with a qualified healthcare professional before making any dietary, nutritional or health-related decisions based on information obtained through the Services.

10. RESTRICTED AND PROHIBITED USES

a) Restricted Use – Academic Research

The nutrition data available through the Services, including nutrient values per food, may not be used, directly or indirectly, for academic, scientific, or research purposes without obtaining a separate written license from Kiwi. Any use of such data for academic research, whether personal, institutional, or commercial, requires prior written consent and a specific licensing agreement.

Kiwi reserves the right to take any appropriate legal or technical action for violations of this section.

b) Prohibited Uses – Artificial Intelligence and Automated Processing

You may not, and may not permit, enable, or assist any third party to:

1. Access, copy, store, or use any Content or Services for the purpose of training, developing, testing, or improving any artificial intelligence, machine learning model, large language model, or automated system;
2. Use scraping, data mining, bots, crawlers, or automated scripts to extract Content for AI-related purposes;
3. Incorporate any Content into any machine learning or automated system, whether commercial or non-commercial;
4. Use the Site or Services as input for training, validating, or enhancing artificial intelligence systems.

Kiwi reserves the right to take any appropriate legal or technical action for violations of this section.

11. LIMITATION OF LIABILITY

YOU AGREE THAT KIWI, ITS AFFILIATES, SUBSIDIARIES, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, EQUITY, OR UNDER ANY OTHER LEGAL THEORY, FOR ANY PERSONAL INJURY (INCLUDING DEATH), LOSS, ACCIDENT, OR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR FOR LOST PROFITS, THE COST OF PROCURING SUBSTITUTE SERVICE, OR LOST OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, SERVICES, CONTENT, KIWI CONTENT, USER GENERATED CONTENT, OR A LINKED SITE, OR FOR ANY DELAY OR INABILITY TO USE THE SITE, SERVICES, CONTENT, KIWI CONTENT, USER GENERATED CONTENT, OR A LINKED SITE, EVEN IF KIWI IS MADE AWARE OF THE POSSIBILITY OF SUCH INJURIES OR DAMAGES.

THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO:

• (A) THE TRANSMISSION OF ANY VIRUSES, MALWARE, OR MALICIOUS SOFTWARE WHICH MAY INFECT A USER'S EQUIPMENT OR DEVICES,
• (B) FAILURE OF THE SERVICES TO BE COMPATIBLE WITH YOUR HARDWARE OR SOFTWARE,
• (C) FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT, COMMUNICATION OR INTERCONNECT LINES OR FIBER, OR OTHER CONNECTIVITY PROBLEMS (INCLUDING INABILITY TO ACCESS YOUR INTERNET SERVICE PROVIDER), OR
• (D) UNAUTHORIZED ACCESS, THEFT, LOSS OF DATA, LOSS OF CONTENT, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS, OR ANY FORCE MAJEURE EVENT.

KIWI DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, OR SECURE ACCESS TO THE SITE, SERVICES, CONTENT, KIWI CONTENT, OR USER GENERATED CONTENT.

UNDER NO CIRCUMSTANCES WILL KIWI'S LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CAUSES OF ACTION, AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) EXCEED THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO KIWI.

APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, EVEN IF THIS IS THE CASE, IN NO EVENT SHALL THE TOTAL LIABILITY OF KIWI FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, OR UNDER ANY OTHER LEGAL THEORY, RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICES, CONTENT, KIWI CONTENT, OR USER GENERATED CONTENT EXCEED THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO KIWI.

KIWI ACTS AS A MERE REPRESENTATIVE FOR SUPPLIERS AND ADVERTISERS OF THIRD-PARTY GOODS AND SERVICES ADVERTISED ON OR AVAILABLE THROUGH THE SITE, SERVICES, OR CONTENT. KIWI DOES NOT ENDORSE OR CONTROL ANY SUCH THIRD-PARTY SUPPLIERS, ADVERTISERS, OR THIRD-PARTY GOODS OR SERVICES.

ALL CLAIMS REGARDING FAILURE, BREACH, LOSS, OR INJURY WITH RESPECT TO THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THE SITE, SERVICES, OR CONTENT ARE LIMITED TO CLAIMS AGAINST SUCH THIRD-PARTY SUPPLIERS AND ADVERTISERS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, KIWI HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, EQUITY, OR ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY SUPPLIER OR ADVERTISER THROUGH THE SITE, SERVICES, OR CONTENT.

YOU HEREBY IRREVOCABLY WAIVE, RELEASE, AGREE NOT TO SUE, AND FOREVER DISCHARGE KIWI FROM ANY LIABILITY WITH RESPECT TO THE SAME.

12. INDEMNIFICATION

YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS KIWI, ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ADMINISTRATORS AND ASSIGNS (THE "INDEMNIFIED PARTIES") FROM AND AGAINST ALL LIABILITIES, CLAIMS, ACTIONS, CAUSES OF ACTION, INVESTIGATIONS OR PROCEEDINGS, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING LEGAL EXPENSES ON A FULL INDEMNITY BASIS AND ANY OTHER FEES AND EXPENSES INCURRED FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION, AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY SUFFER OR INCUR IN CONNECTION WITH ANY CLAIM, INVESTIGATION OR PROCEEDING ARISING OUT OF OR RESULTING FROM:

• (I) YOUR VIOLATION OF ANY OF THESE TERMS;
• (II) YOUR USE OR MISUSE OF THE SITE, SERVICES AND/OR CONTENT, INCLUDING PERSONAL INJURY OR DEATH;
• (III) YOUR USE OR MISUSE OF ANY LINKED SITES; OR
• (IV) YOUR VIOLATION OF ANY LAW OR THIRD PARTY'S RIGHTS.

THIS INDEMNIFICATION OBLIGATION APPLIES TO BOTH DIRECT AND INDIRECT CLAIMS AND INCLUDES THIRD-PARTY CLAIMS ARISING FROM THE AFOREMENTIONED ACTIONS.

WITHOUT DEROGATING FROM OR EXCUSING YOUR OBLIGATIONS UNDER THIS SECTION:

• (A) KIWI RESERVES THE RIGHT (AT YOUR EXPENSE), BUT IS NOT UNDER ANY OBLIGATION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH IS SUBJECT TO AN INDEMNIFICATION BY YOU; AND
• (B) YOU AGREE NOT TO SETTLE ANY MATTER THAT IS SUBJECT TO AN INDEMNIFICATION BY YOU WITHOUT FIRST OBTAINING KIWI'S EXPRESS APPROVAL.

13. GOVERNING LAW

These Terms and your legal relationship with Kiwi shall be governed by and construed in accordance with the laws of the State of Florida, together with the federal laws of the United States applicable therein, without regard to conflict of laws principles.

The controlling language of these Terms is English.

14. DISPUTES AND ARBITRATION, JURISDICTION AND VENUE

You and Kiwi agree that any dispute, claim or controversy arising out of or relating to these Terms, any policy referred to herein, or the breach, termination, enforcement, interpretation or validity thereof, or the use of the Site, Services or Content (collectively, the "Disputes") will be settled by binding arbitration, except that each party retains the right to:

1. bring an individual action in small claims court subject to applicable jurisdictional limits; and
2. seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property or proprietary rights.

YOU AND KIWI IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. Unless expressly agreed otherwise, the arbitrator may not consolidate claims or preside over any form of class proceeding.

Any arbitration shall be conducted before a single arbitrator in accordance with applicable arbitration rules. The arbitration award shall be final and binding and not subject to appeal.

This Dispute Resolution section shall survive termination of these Terms.

15. GENERAL

a) International Use

The Site is operated from the United States. By accessing the Site from any jurisdiction outside the United States, you accept full responsibility for ensuring compliance with local laws. Kiwi makes no representation that the Services are appropriate or available for use outside the United States.

b) Waiver and Severability

The failure of Kiwi to enforce any right or provision of these Terms will not constitute a waiver. If any provision is held invalid or unenforceable, such provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.

c) Assignment

You may not assign any of your rights or obligations under these Terms without Kiwi's prior written consent. Kiwi may assign these Terms without restriction.

d) Enurement

These Terms shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors and permitted assigns.

e) Force Majeure

Kiwi will not be liable for any delay or failure to perform resulting from events beyond its reasonable control, including acts of God, war, terrorism, labor disputes, governmental actions, power failures, or network outages.

f) Notices

Notices may be provided by email to the address associated with your Account or by posting on the Site and shall be deemed received when transmitted.

g) Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Kiwi regarding the subject matter hereof and supersede all prior agreements or understandings.

h) Survival

All provisions which by their nature should survive termination shall survive, including limitation of liability, indemnification, dispute resolution, and intellectual property provisions.

i) Relationship

The relationship between the parties is that of independent contractors. Nothing herein creates any partnership, joint venture, or agency relationship.

j) Extended Meanings

Extended meanings: a. Where the context so requires, words importing the singular number include the plural and vice-versa; words importing the masculine gender include the feminine and neuter genders. b. The words "herein", "hereof", and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section, or other subdivision of, or Schedule to, this Agreement. c. Unless the context otherwise requires, "including" means "including, without limitation", and "includes" and other derivatives thereof shall have corresponding meanings. d. A reference to an approval, authorization, consent, designation, waiver or notice means written approval, authorization, consent, designation, waiver or notice. e. Headings are for convenience and reference only and are not to be considered in the interpretation of, or affect the meaning of, any of the provisions of the foregoing; f. Words importing the singular, include the plural, and vice versa; g. Words importing the masculine gender, include the feminine and neuter, and vice versa; h. "Article", "Section" or "Schedule" refers to the specified article, section or schedule of these Terms, unless expressly noted otherwise; i. Where a reference is made to a "day", "week", "month" or "year", the reference is to the calendar period; j. The word "include" or "including", when following a general term or statement, is not to be construed as limiting the term or statement to the specific items or matters stated or to similar items or matters, but rather as referring to all items or matters that could reasonably fall within the broadest possible scope of the term or statement; k. In the calculation of time, the first day shall be excluded and the last day shall be included; l. Where a word or an expression is defined, any other part of speech or grammatical form of that word or expression has a corresponding meaning.

16. CONTACT US

If you have any questions regarding these Terms, please contact us at: