Last Updated: 2024.11.28
Welcome to Kiwibit. This User Agreement (the “Agreement”) is a legal contract between you (“you” or “User”) and Kiwibit Inc. and its Affiliates (“Kiwibit”, “We”, or “Us”). By using any Kiwibit Products or Kiwibit Services (as defined below), you agree to be bound by this Agreement, as well as any updates or changes we make to it from time to time. If you do not agree with this Agreement, please refrain from using Kiwibit Products and Services.
It is important that you carefully read and fully understand the contents of this Agreement, particularly any sections that limit or exempt liability. These may be emphasized in bold, underlined, or capitalized for your attention. Your use of any Kiwibit Product or Kiwibit Service means that you fully accept and agree to this Agreement and that you are willing to be legally bound by its terms. Additionally, your access to and use of Kiwibit Services is subject to our Privacy Policy, which can be found at [insert link to Privacy Policy].
Users under the age of eighteen (18) may only use Kiwibit Products and Services with the consent or supervision of a parent or guardian. By agreeing to this Agreement on behalf of a minor, the parent or guardian accepts full responsibility for the actions of the minor when using Kiwibit Products and Services.
If you are accepting this Agreement on behalf of an entity, such as a company or organization, you confirm that you have the necessary authorization to bind that entity to this Agreement. Both you and the entity you represent (including its Affiliates) agree to be bound by the terms of this Agreement.
1 Definitions
1.1 Affiliate: Any entity that controls, is controlled by, or is under common control with another party. "Control" refers to the ability to direct the business affairs, management, or decisions of an entity, whether through ownership of voting rights, equity, or other means.
1.2 Kiwibit Products: Hardware products made available by Kiwibit or its designated third parties, authorized to access Kiwibit Services and provide the necessary capabilities for their use.
1.3 Kiwibit Services: Services provided by Kiwibit or its designated third parties, including but not limited to applications, software, technical services, and any related services available via the Kiwibit APP or other platforms.
1.4 Kiwibit APP: The mobile application operated by Kiwibit that allows users to access Kiwibit Services.
1.5 Kiwibit Account: The account you register for via the Kiwibit Website or Kiwibit APP, which allows you to log in and access Kiwibit Products and Services.
1.6 Kiwibit Products and Services: The collective term that refers to both Kiwibit Products and Kiwibit Services.
1.7 Kiwibit Website: Any website operated by Kiwibit that provides access to Kiwibit Products and Services, including but not limited to www.kiwibit.com and associated subdomains.
1.8 User Content: Any information, data, documents, or content (including text, graphics, images, audio, video, and animations) that you upload, post, or otherwise share when using Kiwibit Products and Services.
1.9 Suspension Measures: Actions taken by Kiwibit to limit, restrict, or terminate your access to Kiwibit Products and Services, including suspension or closure of your Kiwibit Account.
1.10 Force Majeure: Refers to unforeseen events or circumstances that are beyond the reasonable control of the affected party, including but not limited to earthquakes, typhoons, floods, fires, wars, epidemics, changes in laws or regulations, government actions, national policy adjustments, and other events that cannot be prevented or mitigated through reasonable means.
1.11 Intellectual Property Rights: The collective term for all intellectual property rights owned, created, or acquired by a party or third party, including but not limited to:
Ÿ All trademarks, service marks, trade names, business names, logos, and proprietary legends;
Ÿ All classes of patents, including inventions, utility models, designs, patent applications, and disclosures;
Ÿ All copyrights, both published and unpublished, and all associated registrations and applications;
Ÿ All know-how, trade secrets, and confidential information, whether technical or non-technical in nature.
1.12 Laws: Any and all legal provisions, including but not limited to constitutions, treaties, statutes, regulations, ordinances, codes, rules, or decisions made by governmental authorities, as well as any approvals, grants, licenses, directives, or similar actions issued or enforced by any government entity or authority, as applicable.
2 Use of Kiwibit Products and Services
2.1 By using Kiwibit Products and Services, you agree to comply with all applicable laws, including but not limited to:
Ÿ Laws regarding the recording and sharing of video or audio content.
Ÿ Laws requiring notification or consent when using Kiwibit Services that involve video or audio capture.
Ÿ Laws specifying installation requirements for Kiwibit Products to ensure that recordings do not extend beyond the boundaries of your property (such as public sidewalks or roads) unless otherwise permitted by law.
Ÿ Laws governing the monitoring of employees if Kiwibit Products are used in a workplace setting.
2.2 You acknowledge that you are solely responsible for ensuring that your use of Kiwibit Products and Servicescomplies with applicable laws. Kiwibit is not liable if you use Kiwibit Products and Services in violation of such laws.
2.3 Kiwibit Services are provided in full compliance with the service terms and operational guidelines available on the Kiwibit Website and Kiwibit APP, including but not limited to the Kiwibit Privacy Policy. You agree to use Kiwibit Products and Services only for the purposes authorized in this Agreement and any related agreements.
2.4 Certain Kiwibit Products and Services may be governed by additional agreements, terms, or business rules (collectively, “Separate Agreements”). By agreeing to any Separate Agreements, you acknowledge that they are part of this Agreement and are legally binding.
2.5 Kiwibit may offer value-added subscription services from time to time. Such subscription plans are subject to this Agreement and any applicable Separate Agreement.
3 Management of Your Kiwibit Account
3.1 You understand that registering for a Kiwibit Account may be required to access the full features of Kiwibit Products and Services. If you use these services without an account, Kiwibit is not liable for any loss of data or records resulting from uninstalling or reinstalling the services.
3.2 To create a Kiwibit Account, you must provide accurate information, including your country or region and email address. You agree to keep this information up-to-date. Kiwibit may terminate your account if the information provided is inaccurate or incomplete. You also confirm that you are legally permitted to create a Kiwibit Account.
3.3 Once created, you cannot change your User Information. If you need to update it, please contact our support team for assistance.
3.4 You agree not to set up an account that violates applicable laws or contains illegal or inappropriate information. Creating an account under another person's name without permission or engaging in excessive registrations is prohibited. You must comply with all relevant laws during the registration process and usage.
3.5 You are responsible for securing your account information and password, and you will be liable for any activities conducted using your account. Do not transfer or lend your Kiwibit Account to others. If you suspect unauthorized use, contact Kiwibit immediately for support.
3.6 If you lose access to your Kiwibit Account or forget your password, you can recover it through the in-app mechanism. This process will only confirm whether the information provided matches our records and cannot verify your identity.
3.7 You may close your Kiwibit Account and terminate your relationship with Kiwibit at any time. Your request for account closure will be processed immediately. However, closing your account does not relieve you of any outstanding obligations, such as payments or agreements related to your account. Before you close your account, ensure that there are no unresolved transactions or pending issues that could lead to disputes.
3.8 Termination of your Kiwibit Account may result in the permanent loss of all User Content and data associated with your account. Once your account is closed, you will not be able to reactivate it or retrieve any uploaded content or information. It is your responsibility to back up any important data before initiating the closure of your account.
3.9 If you have paid fees for Kiwibit Products and Services and wish to request a refund upon account termination, you must contact the service provider for refunds based on their policy.
3.10 All provisions of this Agreement that naturally survive account termination will remain in effect.
4 Intellectual Property Rights
4.1 Kiwibit, its licensors, or designated third parties are the owners of all intellectual property rights related to Kiwibit Products and Services. This includes copyrights, trademarks, patents, trade secrets, and any associated content such as documents, logos, graphics, designs, and images. These rights are protected under applicable laws and international treaties.
4.2 You are granted a limited, non-transferable, and non-exclusive license to access and use Kiwibit Products and Services for personal, non-commercial purposes only. This license does not grant you the right to:
Ÿ Sell, resell, distribute, or make Kiwibit Products and Services available to third parties.
Ÿ Modify, copy, reproduce, publish, or create derivative works from Kiwibit Products and Services without prior written consent from Kiwibit or its licensors.
Ÿ Reverse-engineer, decompile, or disassemble Kiwibit software or hardware.
Ÿ Attempt to extract source code or proprietary materials.
4.3 Any feedback, modifications, suggestions, ideas, enhancement requests, or other recommendations regarding Kiwibit Products and Services (collectively “Feedback Materials”) are considered the property of Kiwibit. You acknowledge that any Feedback Materials provided are irrevocably transferred to Kiwibit free of charge. Kiwibit may use, distribute, and commercialize these Feedback Materials for any purpose, including but not limited to product improvement, marketing, and other business activities.
4.4 You retain ownership of any User Content you upload to Kiwibit Services (excluding Feedback Materials). However, you represent and warrant that:
Ÿ You own all rights, titles, and interests in the User Content, or you have obtained all necessary permissions and licenses to use and upload such content.
Ÿ The use of the User Content in Kiwibit Products and Services does not infringe upon the rights of any third party.
4.5 If a third party contests or complains about the Feedback Materials or User Content you upload, you agree to fully cooperate with Kiwibit in resolving such claims. Failure to provide sufficient evidence or respond in a timely manner may result in Kiwibit taking appropriate measures, including but not limited to suspending your account and removing the disputed content, without any obligation for refunds.
5 Data Usage and Protection
5.1 Kiwibit, to the extent permitted by and in compliance with applicable data protection laws (the “Data Protection Laws”), may collect, store, and process any information or data, including analytics data and personal information, related to your use of Kiwibit Products and Services (“User Data”). This processing is necessary to enhance your experience and improve the services provided.
5.2 You agree to comply with all applicable data protection laws when collecting, processing, storing, transmitting, or disclosing any User Data. This includes obtaining all necessary authorizations and consents required for processing User Data.
5.3 Kiwibit does not access your private photographs or videos without your permission. You consent to Kiwibitaccessing, preserving, and disclosing User Content and User Data if required to comply with legal obligations or if it is reasonably necessary to:
Ÿ Comply with legal processes, including subpoenas and search warrants.
Ÿ Enforce this Agreement.
Ÿ Respond to your customer service requests.
5.4 You are responsible for maintaining the integrity and confidentiality of the User Data stored in Kiwibit Products and Services. Any losses or consequences resulting from data leakage, tampering, or loss due to your inadequate maintenance or failure to protect confidentiality will be your responsibility.
5.5 You are liable for the content of User Data processed while using Kiwibit Products and Services. If your upload, download, or processing of User Data violates any laws or this Agreement, you will be responsible for any resulting outcomes and liabilities.
6 Analytics and Diagnostic Data
6.1 Kiwibit collects and analyzes analytics and diagnostic data from Kiwibit Products to monitor performance, identify issues, and enhance user experience. This data includes specifications, error reports, performance statistics, and other usage details.
6.2 The information collected does not personally identify you and is used solely for diagnosing device status, detecting errors, and improving Kiwibit Products and Services. Sensitive personal information is not included in this data or is removed before analysis.
6.3 You agree and consent to the transmission, collection, maintenance, processing, and use of analytics and diagnostic data by Kiwibit and its affiliates or designated third parties as described in this section.
6.4 You can disable the transmission of analytics and diagnostic data at any time by adjusting the settings in the Kiwibit APP under "Account" > "About" > "Share Device Analytics and Diagnostics."
6.5 Data collected from multiple devices with the same user agreement may be correlated to provide comprehensive insights. All gathered data will be treated in accordance with Kiwibit’s Privacy Policy.
7 Third Party Services
7.1 Kiwibit Products and Services may allow you to access or use certain products, websites, applications, content, or services provided by third parties (“Third-Party Services”). These services are solely the responsibility of the third parties offering them, and Kiwibit does not control or endorse their content or policies. For example, you may use Apple Pay or Google Pay as payment methods for any service fees or subscription fees related to additional features or upgrades to your Kiwibit Services. When using these payment methods, you acknowledge that your use is subject to the respective third-party terms and privacy policies.
7.2 You are responsible for your interactions with Third-Party Services. If you choose to use these services, you do so at your own risk. Kiwibit is not liable for any issues or disputes arising from your use of Third-Party Services, including those related to payment processing.
7.3 Kiwibit is not responsible for the accuracy, reliability, quality, or security of any Third-Party Services. If you choose to use these services, you do so at your own risk.
8 User Content and Restrictions
8.1 You agree that you will not use Kiwibit Products and Services to capture, upload, post, or share any content that:
Ÿ Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
Ÿ You do not have the right to share under applicable laws or contractual obligations (such as proprietary or confidential information);
Ÿ Violates any privacy, publicity, intellectual property, or other rights of third parties;
Ÿ Involves unsolicited advertising, promotional materials, or any form of spam.
8.2 You are solely responsible for the User Content you upload, store, or share through Kiwibit Products and Services. Violation of this section may result in Kiwibit suspending or denying your access to Kiwibit Products and Services.
8.3 If Kiwibit receives a report or complaint regarding your content that breaches this Agreement, it may take appropriate action, including suspending your account and restricting your access to services. You may also be required to provide evidence to support your ownership of the content.
8.4 Kiwibit is not liable for any losses incurred by you due to the suspension of your account or access to Kiwibit Products and Services in accordance with these terms.
9 Internet Connection and Data Charges
9.1 Kiwibit Products and Services require a broadband internet connection or mobile data plan to function properly. You are responsible for any charges incurred from your internet service provider or mobile carrier as a result of using these services.
9.2 Streaming video, uploading or downloading content, and using certain features of Kiwibit Services may result in significant data usage. It is your responsibility to understand the costs associated with your internet connection and ensure you have an appropriate data plan to avoid unexpected charges. Kiwibit is not liable for any overage fees or additional charges incurred as a result of your data usage.
10 Account Suspension
10.1 To the maximum extent permitted by applicable laws, Kiwibit reserves the right to take Suspension Measures without notice if, at its sole discretion, any of the following circumstances occur:
Ÿ You violate any provision of this Agreement or any other terms set forth by Kiwibit.
Ÿ You delay in performing or fail to perform any obligations owed to Kiwibit.
Ÿ You are under the age of eighteen (18) and use Kiwibit Products and Services without parental consent or supervision.
Ÿ You fail to respond to inquiries from Kiwibit regarding your account usage or other notices within the specified time frame.
Ÿ Suspension is necessary for the operation, maintenance, or protection of Kiwibit Products and Services.
Ÿ Kiwibit determines that your behavior is inappropriate.
10.2 If Suspension Measures are enacted, your access to Kiwibit Products and Services will be restricted, including suspension or blocking of your account and limiting your access to account information.
10.3 Kiwibit is not liable for any losses or damages incurred by you as a result of the Suspension Measures taken in accordance with this Agreement.
11 Changes or Termination of Kiwibit Services
11.1 Kiwibit continually strives to enhance its Products and Services. As such, Kiwibit may change, add, or remove features and functionalities at any time without prior notice or user consent. Kiwibit reserves the right to suspend or discontinue all or part of Kiwibit Services without prior notice for any of the following reasons:
Ÿ A cyberattack or virus compromising the services.
Ÿ Technical adjustments or issues caused by network, telecommunications, or cloud service providers impacting service delivery.
Ÿ Overloading of servers due to excessive user activity or other circumstances.
Ÿ Emergency maintenance or upgrades necessary for the operation of Kiwibit Services.
Ÿ Unavailability of necessary telecommunications services due to public network failures or other reasons.
Ÿ Events beyond Kiwibit’s reasonable control, including accidents or Force Majeure events.
Ÿ Legal or regulatory requirements preventing the continuation of services.
Ÿ Any other reasons deemed necessary by Kiwibit for legal compliance, technical, or operational reasons.
11.2 If you are dissatisfied with any significant changes to Kiwibit Products and Services during a subscription, you may terminate your use of the services immediately.
11.3 Should you have paid subscription or service fees for any Kiwibit Services through a third-party payment platform, you may request a refund based on that platform's refund policy upon termination.
11.4 Kiwibit, its designated third parties, and recognized licensors are not liable for any losses or damages incurred by users due to the actions taken under this section.
12 Indemnification
12.1 You acknowledge that you are solely responsible for your use of Kiwibit Products and Services and for any consequences arising from your actions, including those related to any User Content you upload, download, store, or publish.
12.2 Kiwibit reserves the right, at its discretion, to implement Suspension Measures if it reasonably believes that you have violated applicable laws, this Agreement, or any other specified provisions.
12.3 You agree to defend, indemnify, and hold harmless Kiwibit, its parent company, subsidiaries, Affiliates, and their respective officers, directors, employees, agents, and advisors from any claims, liabilities, costs, and expenses (including attorney’s fees) that arise from your breach of this Agreement or any obligations, representations, or warranties you have made herein.
13 Limited Warranties
13.1 Kiwibit Products and Services are provided "as is" and "as available." Kiwibit, along with its Affiliates and designated third parties, disclaims any warranties of any kind, either express or implied, including but not limited to warranties of fitness for a particular purpose, merchantability, or non-infringement of third-party rights.
13.2 Kiwibit does not guarantee that Kiwibit Products and Services will be uninterrupted or error-free, or that defects will be corrected.
13.3 You understand and agree that Kiwibit Products and Services are intended for detection and notification purposes only. They do not eliminate risks associated with events such as fires, floods, burglaries, or medical emergencies. You agree not to rely solely on these products to prevent such occurrences.
13.4 Kiwibit is not responsible for any damages caused by viruses, malware, or other security vulnerabilities that may affect your Kiwibit Products, software, or devices.
13.5 Kiwibit further disclaims all liability for claims related to service failures due to normal wear and tear, misuse, abuse, or modification of products.
14 Limitations of Liability
14.1 To the extent permitted by applicable law, under no circumstances, including negligence, shall Kiwibit, its Affiliates, licensors, or designated third parties be liable for any special, incidental, consequential damages, or lost profits that result from your use of or inability to use Kiwibit Products and Services, even if Kiwibit has been advised of the possibility of such damages.
14.2 You agree to use Kiwibit Products and Services at your own risk. In no event shall Kiwibit, its Affiliates, or designated third parties be liable for any loss of videos or images, or for any direct, indirect, incidental, special, consequential, or punitive damages arising from your failure to use Kiwibit Services in accordance with these terms or in any improper manner.
14.3 This limitation of liability applies to all claims, including personal injury, property damage, economic losses, and claims made by third parties.
14.4 The maximum cumulative liability of Kiwibit, its Affiliates, and its designated parties for any claims arising from or relating to this Agreement or your use of Kiwibit Products and Services shall not exceed the greater of:
Ÿ $2,500 USD; or
Ÿ Five (5) times the total charges (exclusive of taxes and shipping) for the Kiwibit Products and Services you purchased.
14.5 This limitation specifically encompasses all types of liability, including but not limited to direct damages, consequential damages, loss of life, property damage, economic losses, and claims for indemnity or contribution by third parties.
14.6 Nothing in this Agreement shall be construed to render this limitation of liability void or unenforceable in any jurisdiction.
15 Modification and Termination of Agreement
15.1 This Agreement becomes effective as of the date it is published.
15.2 Kiwibit reserves the right to modify this Agreement and related service rules as necessary, including the formulation and publication of additional policies, rules, or announcements. The updated Agreement will supersede the original upon publication.
15.3 We encourage you to periodically check the Kiwibit Website and Kiwibit APP for the most current version of this Agreement. If there are material amendments, we will notify you through reasonable means, including notifications on the Kiwibit Website and/or Kiwibit APP.
15.4 If you are dissatisfied with any changes to this Agreement, you may discontinue your use of Kiwibit Products and Services. Continuing to use the services after modifications indicates your acceptance of the updated terms.
15.5 Termination of this Agreement does not relieve you of any obligations incurred before termination, including any liability for damages owed to Kiwibit or any relevant third parties.
16 Governing Law and Dispute Resolution
16.1 This Agreement shall be governed by the laws of the State of California in the United States of America, without regard to its conflict of laws principles.
16.2 Any disputes arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall first be attempted to be resolved through negotiation between the parties.
16.3 18.3 If the dispute cannot be resolved through negotiation, it shall be referred to and finally resolved by arbitration conducted in accordance with the rules of the American Arbitration Association (AAA) in effect at that time, which are deemed to be incorporated by reference into this clause.
17 Miscellaneous
17.1 The provisions of this Agreement that are intended to survive termination or expiration will remain in effect, including but not limited to Articles regarding Indemnification, Limitation of Liability, and Governing Law.
17.2 If any provision of this Agreement is held to be invalid, illegal, or unenforceable under applicable law, the validity and enforceability of the remaining provisions will not be affected.
17.3 The parties agree to negotiate in good faith to establish new provisions that comply with applicable law while reflecting the original intent of the invalid provisions.
17.4 The failure of Kiwibit to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.
17.5 You may not assign or delegate your rights or obligations under this Agreement to any third party without prior written consent from Kiwibit.
17.6 The parties to this Agreement are independent contractors. Nothing in this Agreement creates a partnership, joint venture, employer-employee relationship, or agency between you and Kiwibit.
17.7 This Agreement does not confer any third-party beneficiary rights.
18 Contact Information
For any questions, concerns, or requests related to this Agreement or your use of Kiwibit Products and Services, please contact us at:
Kiwibit Inc. 17880 Skypark Circle, Suite 260,
Irvine, CA 92614 Email: support@kiwibit.com