Terms of Service

1. Description of KiwiComBoard Services

KiwiComBoard provides software that helps organizations compose, schedule, publish, and manage operational content across workplace screens, tablets, dashboards, and related displays. The service may include workspace management, screen player tools, content scheduling, KPI feeds, location management, recognition workflows, integrations, analytics, and related services.

KiwiComBoard is designed for business and organizational use. Your organization is responsible for deciding what content, data sources, locations, users, and screens are connected to or managed through the service.

2. Eligibility and Use

KiwiComBoard is available only to users who are legally able to enter into binding contracts in the jurisdiction where they are located and who have not been suspended or removed from the service.

If you use KiwiComBoard on behalf of an entity, you represent that you have authority to bind that entity to these Terms. Subject to your compliance with these Terms, KiwiComBoard grants you permission to access and use the service for its intended business purposes.

3. Privacy

Our Privacy Policy is incorporated into these Terms by reference. Please review it for information about how KiwiComBoard collects, uses, and discloses personal information.

4. Additional Terms

Some features, integrations, subscriptions, pilots, or services may be subject to additional terms, guidelines, service orders, data processing terms, or posted rules. Those additional terms become part of these Terms when they apply to your use of KiwiComBoard.

5. Changes to the Terms

KiwiComBoard may modify these Terms from time to time by posting changes on the website or otherwise making them available. Your continued use of KiwiComBoard after changes become effective constitutes acceptance of the updated Terms.

6. Registration, Accounts, and Passwords

You may need to create an account to access certain features. You agree to provide accurate, current, and complete account information and to keep it updated.

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify KiwiComBoard immediately if you believe your account has been compromised or is no longer secure.

7. Ownership of KiwiComBoard

The website, application, visual interfaces, graphics, design, systems, software, code, workflows, documentation, trademarks, and other materials made available by KiwiComBoard are owned by KiwiComBoard, its affiliates, or its licensors and are protected by intellectual property laws.

Except for rights expressly granted in these Terms, KiwiComBoard reserves all rights in and to the service and related materials.

8. Content and User Submissions

KiwiComBoard may allow users to submit, upload, post, transmit, display, schedule, or share content, including announcements, screen layouts, operational metrics, images, templates, recognition messages, location details, and similar materials. You are responsible for your User Submissions and for ensuring you have the rights and permissions needed to use them.

By submitting User Submissions to KiwiComBoard, you grant KiwiComBoard and its service providers a worldwide, non-exclusive, royalty-free license to host, reproduce, process, display, transmit, modify, and otherwise use those User Submissions as needed to provide, secure, support, improve, and operate KiwiComBoard.

You retain ownership of your User Submissions. KiwiComBoard does not claim ownership over content your organization submits to the service.

9. Prohibited Conduct

You agree not to misuse KiwiComBoard or use it for unlawful, harmful, infringing, deceptive, abusive, or unauthorized purposes.

You may not upload unlawful or infringing content; impersonate another person or entity; interfere with the service; probe, scan, or test vulnerabilities without permission; bypass security or access controls; collect information about users without authorization; transmit malicious code; or use automated systems to access the service in a way that harms or burdens KiwiComBoard.

You may not use KiwiComBoard to display content that violates applicable law, workplace policies, privacy rights, publicity rights, intellectual property rights, or the rights of any person or entity.

10. Fees and Payment

KiwiComBoard may charge fees for subscriptions, pilots, usage, integrations, services, or other features. You agree to pay all applicable fees and taxes at the rates described in the applicable order, checkout, invoice, or written agreement.

Unless otherwise stated in writing, fees are nonrefundable. KiwiComBoard may change fees or add new fees by providing notice as required by applicable law or the applicable agreement.

11. Third-Party Services and Integrations

KiwiComBoard may integrate with or link to third-party websites, services, devices, data sources, or platforms. KiwiComBoard does not control third-party services and is not responsible for their content, policies, availability, or practices.

Your use of third-party services is governed by the terms and policies of those providers. You are responsible for authorizing integrations and ensuring your use of integrated data complies with applicable agreements and laws.

12. User Interactions and Organization Responsibilities

KiwiComBoard enables users within an organization to create, publish, and manage content. Your organization is responsible for user permissions, internal approvals, workplace policies, connected systems, and the accuracy and lawfulness of content displayed through its screens.

KiwiComBoard is not responsible for disputes between users, employees, contractors, customers, or organizations arising from content or interactions managed through the service.

13. Disclaimers

KiwiComBoard and all content, services, and features made available through it are provided "as is" and "as available" without warranties of any kind, express or implied. To the fullest extent permitted by law, KiwiComBoard disclaims warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, and reliability.

KiwiComBoard does not warrant that the service will be uninterrupted, error-free, secure, or free of harmful components, or that defects will be corrected.

14. Indemnification

You agree to indemnify and hold harmless KiwiComBoard, its affiliates, officers, directors, employees, contractors, agents, partners, and suppliers from claims, losses, damages, liabilities, costs, and expenses, including attorneys fees, arising out of your use or misuse of KiwiComBoard, your User Submissions, your violation of these Terms, or your violation of any rights of another person or entity.

15. Limitation of Liability

To the fullest extent permitted by law, KiwiComBoard and its affiliates, contractors, employees, agents, third-party partners, and suppliers will not be liable for special, indirect, incidental, consequential, punitive, or exemplary damages arising from or related to your use of KiwiComBoard.

To the fullest extent permitted by law, KiwiComBoard liability for damages, losses, and causes of action will not exceed the amount paid by you to KiwiComBoard for the service giving rise to the claim during the twelve months before the claim arose, or fifty dollars, whichever is greater.

16. Notices

Legal notices to KiwiComBoard should be sent to info@startkiwi.com or to KiwiComBoard, Inc., 13790 Bridgewater Crossings Blvd #1080, Windermere, FL 34786. Notices to you may be sent to the email address associated with your account, posted in the service, or delivered by other legally permitted means.

17. Digital Millennium Copyright Act

If you believe content hosted by KiwiComBoard infringes your copyright, you may send a DMCA notice with the information required by 17 U.S.C. 512(c)(3) to: Copyright Agent, KiwiComBoard, Inc., 13790 Bridgewater Crossings Blvd #1080, Windermere, FL 34786, or by email at info@startkiwi.com.

Only DMCA notices should be sent to the copyright agent. Support, feedback, and other communications should be sent to KiwiComBoard customer service at info@startkiwi.com.

18. Dispute Resolution

In the interest of resolving disputes efficiently, you and KiwiComBoard agree that disputes arising from these Terms or your use of KiwiComBoard will be resolved by binding arbitration, except for individual actions in small claims court, enforcement actions through applicable agencies, requests for injunctive relief, and intellectual property infringement claims.

You and KiwiComBoard each waive the right to a jury trial or to participate in a class action to the fullest extent permitted by law. Unless otherwise required by law, arbitration will be administered by the American Arbitration Association under its applicable rules.

19. Miscellaneous

These Terms are governed by the laws of the State of Washington, without regard to conflict of law rules. If any provision is found unenforceable, the remaining provisions will remain in effect.

You may not assign these Terms without KiwiComBoard prior written consent. KiwiComBoard may assign these Terms without restriction. These Terms, together with any applicable additional terms, are the entire agreement between you and KiwiComBoard regarding the service.

Any cause of action arising out of or related to these Terms or KiwiComBoard must commence within one year after the cause of action accrues, unless applicable law requires otherwise.

20. Disclosures

The services are offered by KiwiComBoard, Inc., a sister company of Kiwi Learn Inc., located at 13790 Bridgewater Crossings Blvd #1080, Windermere, FL 34786, and by email at info@startkiwi.com.