These Terms of Service ("Terms") constitute a legally binding agreement between you ("Business Owner") and Kiiwis, operated by Zaldana Services LLC, governing your access to and use of the Kiiwis platform. By creating an account or using any part of the service, you agree to these Terms and our Privacy Policy.
1. Definitions
- Platform — The Kiiwis software, website, dashboard, APIs, and all related tools
- Business Owner — Any person or organization that subscribes to Kiiwis to operate a loyalty program
- End Customer — A consumer who joins a loyalty program via the Kiiwis platform
- Customer Data — Personal and loyalty data collected from End Customers via the platform
- Subscription — A paid plan granting access to the platform for a defined billing period
2. Eligibility
You must be at least 18 years old, have legal authority to enter a binding contract, and operate a legitimate business. By using the platform you confirm you meet all eligibility requirements.
3. Account
You are responsible for maintaining the confidentiality of your credentials, all activity on your account, and keeping your information accurate. Notify us immediately at legal@kiiwis.com if you suspect unauthorized access. One account per business location — multi-location businesses require a plan that supports multiple locations.
4. Subscription & Billing
Current plans and pricing are available at Kiiwis.com/#pricing. All prices are in USD. Subscriptions are billed monthly in advance via Stripe. A 14-day free trial is available — no credit card required to start. Trial data is retained 30 days after expiration before deletion.
- Plan upgrades take effect immediately and are prorated
- Plan downgrades take effect at the next billing cycle
- Cancellation takes effect at end of current billing period — no partial refunds
- Welcome, birthday, and win-back automations do not count against your message limit
- Price changes communicated with at least 30 days notice by email
5. The Service
Kiiwis provides a loyalty-as-a-service (SaaS) platform enabling Business Owners to build a customer database via QR/link onboarding, run automated loyalty programs, validate visits via receipt OCR, send targeted campaigns, and access retention analytics. We target 99.5% uptime but do not guarantee uninterrupted service.
The platform includes an AI-powered campaign builder that uses Anthropic's AI to suggest message content. By using this feature, you acknowledge that campaign content may be processed by Anthropic, Inc. solely to generate suggestions. No End-Customer personal data is shared with Anthropic.
6. Acceptable Use
You agree not to: send unsolicited or deceptive messages, message anyone without explicit opt-in consent, violate anti-spam laws (CAN-SPAM, TCPA, CASL), impersonate any person or business, reverse-engineer or scrape the platform, or use the platform for any illegal or fraudulent purpose.
7. SMS & Messaging Terms
You must obtain explicit, documented opt-in consent from each End Customer before sending messages. Opt-in must be voluntary, clear about message types, and comply with TCPA and CTIA guidelines. You must honor STOP requests immediately and maintain opt-out records permanently. All messages must identify your business as the sender.
Prohibited message content: SHAFT (Sex, Hate, Alcohol, Firearms, Tobacco), illegal substances, get-rich-quick schemes, phishing, and any content prohibited by CTIA guidelines. You are solely responsible for all messages sent from your account and for compliance with all applicable messaging laws.
8. End Customers & Loyalty Programs
Your loyalty program is your program. You are solely responsible for the rewards you offer, honoring loyalty commitments, communicating program terms to End Customers, and managing disputes. Kiiwis provides the platform infrastructure only — we are not a party to any loyalty agreement between you and your End Customers.
9. Customer Data & Privacy
Customer Data collected through the platform belongs to you. Kiiwis acts as data processor on your behalf. You retain ownership and may export your full customer database at any time. As Business Owner, you are the data controller responsible for obtaining legal consent, providing privacy disclosures, and managing End Customer data rights requests.
10. Intellectual Property
The Kiiwis platform, software, trademarks, and content created by Kiiwis are owned by Zaldana Services LLC. Subject to an active subscription, we grant you a limited, non-exclusive, non-transferable license to use the platform for your internal business purposes only. You retain ownership of your content (campaign messages, business information, branding).
11. Disclaimers & Warranties
The platform is provided "AS IS" and "AS AVAILABLE". Kiiwis disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted service, delivery of any specific message, or specific business results.
12. Limitation of Liability
Kiiwis's total cumulative liability for any claim shall not exceed the greater of: (a) the total fees paid by you in the three months preceding the claim, or (b) US$100. We are not liable for any indirect, incidental, special, consequential, or punitive damages including loss of profits, data, or business interruption.
13. Indemnification
You agree to indemnify and hold harmless Kiiwis and its officers, employees, and affiliates from any claims, liabilities, damages, and expenses arising from your use of the platform, your violation of these Terms or applicable law, your content or campaigns, your loyalty program obligations, or your violation of messaging laws.
14. Termination
You may cancel at any time from your dashboard. We may suspend or terminate your account immediately for violations of these Terms, messaging law violations, fraudulent activity, or non-payment. Customer Data is retained 90 days after closure for export, then permanently deleted.
15. Disputes & Governing Law
These Terms are governed by the laws of the State of Florida, United States. Before formal legal action, contact legal@kiiwis.com and allow 30 days for informal resolution. Unresolved disputes will be settled by binding arbitration under AAA Commercial Arbitration Rules. You waive any right to class actions. Claims must be filed within one (1) year of the cause of action.
16. General
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kiiwis. We may update these Terms with 14 days notice for material changes. Continued use after the effective date constitutes acceptance. If any provision is found unenforceable, the remaining provisions remain in full effect. You may not assign your rights without our written consent.
17. Contact
Legal: legal@kiiwis.com
Billing: legal@kiiwis.com
General: info@kiiwis.com