Terms of Service

Welcome to Kiwii! Kiwii is the easiest way to promote your tweet via your partners. The website and its services at www.kiwii.co (“website” or “site”) are provided by Emberyl Creative Inc (“Emberyl”, or “Kiwii” or “We” or “Company”). Before using services (“Service”) provided by Emberyl Creative Inc , please read these terms of use (“Agreement” or “Terms of Use”) carefully. By using the website, you (“users” or “you”) agree to these terms of use, and the privacy policy.

Modification of Terms

Kiwii reserves the right to modify or replace any Terms of Use at any time without notice. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the services provided by Kiwii following implementation of any changes or policies,to the Terms of Use constitutes acceptance of such change or privacy. If in any case you do not agree to any revised version of the Terms of Use, please do not use this site.

Registration

To use Kiwii’s services, you are required to connect with Twitter Twitter. You are responsible for reading Twitter’s Terms of Services and agree to it before proceeding.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Kiwii cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Kiwii’s customer support team at hello@kiwii.co.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Kiwii. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Kiwii to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Kiwii will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

Kiwii in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Kiwii will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by Kiwii on a case-by-case basis and granted in sole discretion of Kiwii.

Copyright and Licenses

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Kiwii, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Kiwii a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Kiwii by all means and in any media now known or hereafter developed. You also grant to Kiwii the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Kiwii for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Kiwii.

Termination

Kiwii may terminate your access to our services immediately at any time with or without reasons, cause, or notice. This may result in forfeiture and destruction of all information associated with your account. If you wish to terminate your account, please send a request to hello@kiwii.co . All provisions of the Terms of Use which by their nature shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Miscellaneous

This Agreement shall all be governed and construed in accordance with the laws of Canada applicable to agreements made and to be performed in Canada. You agree that any legal action or proceeding between Kiwii and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in British Columbia . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Kiwii failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Kiwii may assign its rights and duties under this Agreement to any party at any time without notice to you.

Privacy Policy

Kiwii respects your privacy

Any personal information you provide to us including and similar to your name, address, telephone number and e-mail address will not be released, sold, or rented to any entities or individuals outside of Kiwii.

Credit Card Details

Stripe processes all the transactions on Kiwii and the transaction is encrypted using SSL technology. Kiwii does not hold any credit card information. Data handled by Stripe is subject to their terms of use and privacy policy.

External Sites

Kiwii is not responsible for the content of external internet sites. You are advised to read the privacy policy of external sites before disclosing any personal information.

Information Collection

Traffic Data: Kiwii collects traffic data when you visit our site and this includes your ip addresses, domain servers, web browsers used to access the site, and referring/exit pages. This is anonymous information and the sole purpose of us collecting this information is to improve the business and the user experience. Personal Information: In order for you to use Kiwii, you have to register with the Site. We will ask for your e-mail, name, company, job title, phone number and address.

Cookies

A "cookie" is a small data text file that is placed in your browser and allows Kiwii to recognize you each time you visit this site(customisation etc). Cookies themselves do not contain any personal information, and Kiwii does not use cookies to collect personal information. Cookies may also be used by 3rd party content providers such as newsfeeds.

Remember The Risks Whenever You Use The Internet

While we do our best to protect your personal information, we cannot guarantee the security of any information that you transmit to Kiwii and you are solely responsible for maintaining the secrecy of any passwords or other account information. In addition, other Internet sites or services that may be accessible through Kiwii have separate data and privacy practices independent of us, and therefore we disclaim any responsibility or liability for their policies or actions. Please contact those vendors and others directly if you have any questions about their privacy policies. For any other information, please contact us at hello@kiwii.co