Terms and Conditions for KiwiQ AI
Last Updated Date: July 10, 2025
Welcome to KiwiQ AI! These Terms and Conditions ("Terms") govern your access to and use of the KiwiQ AI platform and services. Please read them carefully.
Introduction: Purpose and Scope of KiwiQ AI's Terms and Conditions
Overview of KiwiQ AI's Service
KiwiQ AI offers an innovative AI-powered platform designed to empower businesses and marketing professionals in generating high-quality website blogs with enhanced efficiency. Our service aims to streamline content creation workflows, allowing users to produce compelling and optimized content rapidly. A core differentiator of our service is its seamless integration with Google Search Console (GSC), enabling users to leverage real-time, data-driven insights for optimizing content strategy and performance. This integration is fundamental to KiwiQ AI's value proposition, providing users with a data-informed approach to content generation.
Importance of a Robust T&C
A legally sound Terms and Conditions document is foundational for establishing a clear, enforceable legal relationship between KiwiQ AI (referred to as the "Provider," "KiwiQ AI," "we," "us," or "our") and its users (referred to as the "Customer," "User," "you," or "your"). It meticulously defines the rights, responsibilities, and limitations of both parties, serving as a critical tool for mitigating legal risks, preventing disputes, and ensuring operational clarity and predictability. For KiwiQ AI, these Terms must explicitly demonstrate and enforce compliance with Google's stringent API terms and data policies, as these are central to the platform's core functionality and continued operation. This document serves as a protective legal shield, safeguarding KiwiQ AI's business interests while clearly articulating the parameters of service usage.
I. Acceptance of Terms and General Provisions
This foundational section establishes the legal basis for the agreement, ensuring that users understand and consent to the terms, and defining the general applicability of the provisions.
Binding Agreement and User Consent
By accessing, registering for, or using any part of KiwiQ AI's services, you explicitly agree to be bound by these Terms and Conditions. This act constitutes a legally binding contract between you and KiwiQ AI. Your usage or explicit agreement signifies your acceptance of these Terms. This approach aligns with industry standards, where usage or explicit agreement signifies acceptance of terms. Google's API terms also require acceptance through access or use of their APIs.
A critical aspect for KiwiQ AI is the cascading nature of compliance requirements. Google's terms represent a direct contractual relationship between Google and KiwiQ AI. Many of Google's stipulations for KiwiQ AI, such as those concerning legal age, entity acceptance, compliance with laws, data security, and acceptable data handling practices, are not merely internal obligations for KiwiQ AI. Instead, these requirements must be effectively transferred to KiwiQ AI's end-users through its own T&C. If KiwiQ AI's users engage in activities that violate a Google rule, such as misusing data obtained via GSC APIs, promoting illegal content, or circumventing API limitations, Google will ultimately hold KiwiQ AI responsible. Therefore, KiwiQ AI's T&C must be meticulously drafted to compel its users to adhere to standards that enable KiwiQ AI to maintain its compliance with Google's overarching policies. This ensures that KiwiQ AI's T&C serves a dual purpose: protecting KiwiQ AI from its direct users and safeguarding it from potential enforcement actions by Google that could arise from its users' non-compliant behavior.
Eligibility and Authority
You must be of legal age to form a binding contract with KiwiQ AI and not be barred from using or receiving the services under applicable laws. By accessing or using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you are accepting these Terms on behalf of an entity, you represent and warrant that you possess the full legal authority to bind that entity to these Terms. This provision is essential for KiwiQ AI's B2B model, ensuring the agreement is binding on the corporate entity rather than solely on an individual employee.
Modifications to Terms
KiwiQ AI reserves the right to update, modify, or revise these Terms and Conditions at any time. We will notify you of such changes, for example, via email, in-app notification, or prominent posting on our website. Your continued use of the service after notification will constitute your acceptance of these changes. Given the rapid evolution of AI technology, the potential for new features, and the frequent updates to Google's API policies and privacy regulations, KiwiQ AI needs significant flexibility to update its terms. Clear notification and acceptance mechanisms are paramount to ensuring the legal enforceability of any future changes, allowing KiwiQ AI to adapt to evolving legal and technological landscapes without requiring a renegotiation of terms with every user.
II. Service Description and User Obligations
This section clearly defines the functionalities offered by KiwiQ AI and meticulously outlines the responsibilities and expected conduct of its users, including specific prohibitions derived from Google's API terms and general SaaS best practices.
Detailed Description of KiwiQ AI Platform and Features
The KiwiQ AI platform is an AI-powered tool designed to assist you in efficiently generating and optimizing content, specifically for website blogs. Our core functionality includes AI-driven content generation, content optimization suggestions, and seamless integration with Google Search Console (GSC). This integration allows you to leverage real-time GSC data (such as impressions, clicks, and keyword performance) to inform and enhance your content strategy, ensuring your generated content is relevant and performs effectively. This section sets the precise scope of the agreement, clarifying what services are being provided and, by implication, what is not included. This clarity is crucial for managing user expectations and preventing disputes regarding service scope.
License to Use the Service
KiwiQ AI grants you a limited, non-exclusive, non-transferable (except as expressly permitted), and revocable right to access and use the KiwiQ AI platform and its features solely for your internal business purposes, as permitted by these Terms. This license explicitly prohibits sublicensing, reselling, or otherwise making the service available to third parties beyond the scope of your subscription. This aligns with standard SaaS licensing conditions, where the provider grants the customer the right to use the intellectual property within the platform only as necessary for permitted use. This strong stance on non-sublicensing and non-redistribution is vital for protecting KiwiQ AI's business model and ensuring its own compliance with Google's API terms.
User Responsibilities and Acceptable Use Policy
You are solely responsible for any and all activities that occur under your account. You are responsible for providing accurate and complete registration information, maintaining the confidentiality and security of your account credentials, and promptly notifying KiwiQ AI of any unauthorized access or security breaches.
You are solely responsible for any and all information submitted to or through the System. This sole liability extends to all transactions within the System. You warrant that all submitted information is: (i) accurate, complete, and correct; (ii) does not violate any applicable federal, state, local or international statute, law, or regulation; and (iii) does not infringe on third-party proprietary or intellectual property rights. You represent and warrant possessing all necessary rights, title, and intellectual property rights to submit information to the System. You must comply with all applicable laws and regulations, including data protection laws.
Prohibited Activities
You agree not to use the KiwiQ AI platform or any content obtained from it for any unlawful purpose or in any manner that is prohibited by these Terms. When using APIs, you may not (or allow others to):
* Sublicense an API for third-party use or create an API Client that functions substantially the same as the APIs for third-party use.
* Introduce viruses, worms, defects, Trojan horses, malware, or destructive items to Google products and services.
* Defame, abuse, harass, stalk, or threaten others.
* Interfere with or disrupt the APIs or their servers/networks.
* Promote or facilitate unlawful online gambling or disruptive commercial messages/advertisements.
* Reverse engineer or attempt to extract source code from any API or related software, unless expressly prohibited by applicable law.
* Use APIs for activities where their use or failure could lead to death, personal injury, or environmental damage (e.g., nuclear facilities, air traffic control, life support systems).
* Use APIs to process or store data subject to International Traffic in Arms Regulations.
* Remove, obscure, or alter any Google terms of service or links/notices to them.
Additionally, you are prohibited from:
* Sending spam or using purchased lists.
* Using the service for unlawful or discriminatory activities.
* Copying, modifying, creating derivative works from, reverse engineering, or reverse assembling the Site or attempting to discover any source code.
* Selling, assigning, sublicensing, distributing, commercially exploiting, granting a security interest in, or otherwise transferring any right in, or making available to a third party, the Content or Site in any way.
* Using or launching any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the servers hosting KiwiQ AI's products, services, and Sites, in a given period of time than a human can reasonably produce.
* Using the Site in any manner that damages, disables, overburdens, or impairs any KiwiQ AI website or interferes with any other party's use and enjoyment of the Site.
* Mirroring or framing the Site or any part of it on any other web site or web page.
* Attempting to gain unauthorized access to the Site.
* Accessing the Site by any means other than through the interface that is provided by KiwiQ AI for use in accessing the Site.
Google explicitly states that it "may monitor API usage to ensure quality, improve services, and verify compliance with the Terms. This may include accessing your API Client to identify security issues. You must not interfere with this monitoring. Google may suspend access without notice if it reasonably believes you are in violation". This means that your actions, if non-compliant with KiwiQ AI's T&C (which incorporates Google's prohibitions), could directly trigger Google's monitoring and subsequently lead to Google suspending KiwiQ AI's API access. This creates a powerful, indirect causal relationship where user misconduct can have severe consequences for KiwiQ AI's entire service. Therefore, KiwiQ AI reserves the right to suspend or terminate your access to the service, or any part thereof, at any time, with or without cause, and with or without notice, if we reasonably believe you are in violation of these Terms.
AI-Specific Considerations: User Inputs, AI Outputs, and Content Responsibility
The AI Models are part of the Service. You are solely responsible for the inputs you provide to the AI (e.g., prompts, data) and for the outputs generated by the AI (e.g., blog posts). These inputs and outputs are considered your content. You acknowledge that AI outputs may be inaccurate, incomplete, or not unique. You bear the ultimate responsibility for reviewing, verifying, and ensuring the legality, accuracy, and appropriateness of any content you publish using KiwiQ AI. By placing the ultimate responsibility on you for verification and publication, KiwiQ AI protects itself from liability for the content generated by its AI. You grant KiwiQ AI a broad license to use your Inputs and Outputs for service development and improvement, as further detailed in Section IV.
Disclaimer for Scraping and Profile Attribution
In certain cases, KiwiQ AI offer functionality that enables you to provide profile URLs (such as LinkedIn profiles or similar online sources) for the purpose of content generation or account management. By submitting such URLs or information, you expressly represent and warrant that:
1. You own or have the full legal right to access, manage, and generate content for the specified profiles.
2. You are acting within your legal rights to provide KiwiQ AI access to such profiles or related data.
3. You acknowledge and agree that KiwiQ AI may, acting on your behalf and based on your instructions, perform certain automated actions, which may include triggering scraping jobs or data collection workflows to support content generation.
4. You accept full responsibility and legal liability for such actions and agree to indemnify and hold harmless KiwiQ AI from any claims, disputes, or regulatory inquiries arising out of or related to such activities.
You understand that this service is provided as a tool to facilitate your lawful content operations, and you acknowledge that you assume all responsibility for the legality and use of any profile or data access you initiate through KiwiQ AI. KiwiQ AI acts solely on your instruction and does not verify the ownership or rights associated with any third-party content you may reference or interact with through the platform.
Table 2: Key Responsibilities: KiwiQ AI vs. User
To provide clarity and minimize potential disputes, the following table delineates the primary responsibilities of both KiwiQ AI and its users across various operational and legal domains. This structured overview serves as a quick reference, reinforcing the allocation of duties and risks embedded throughout the Terms and Conditions.
| Area of Responsibility | KiwiQ AI's Responsibility | User's Responsibility |
| :---- | :---- | :---- |
| Service Provision | Provide access to the AI-powered content generation platform and GSC integration as described. | Utilize the service solely for internal business purposes as licensed. |
| Account Security | Implement and maintain reasonable security measures for the platform. | Maintain confidentiality of account credentials; promptly report unauthorized access or breaches. |
| Data Accuracy & Legality | Process user data in accordance with privacy policy and Google terms. | Ensure accuracy, completeness, and legality of all submitted data and content. |
| Content Compliance | Adhere to its own legal obligations regarding platform content. | Ensure all content generated or published using the service complies with applicable laws, third-party rights, and the Acceptable Use Policy. Review and verify AI outputs for accuracy and legality. |
| Google API Compliance | Adhere to Google API Services User Data Policy and Google Terms for its API usage. | Comply with all Google API prohibitions and data handling requirements as flowed down through KiwiQ AI's T&C. |
| Privacy & Consent | Maintain a comprehensive Privacy Policy detailing data collection, use, and security. | Provide and adhere to their own privacy policy, obtaining necessary consents for data sharing with KiwiQ AI and Google. |
| Intellectual Property | Retain ownership of the KiwiQ AI platform and its proprietary technology. | Retain ownership of user-generated content, granting necessary licenses to KiwiQ AI for service operation and improvement. |
| Payment & Fees | Clearly communicate pricing, billing cycles, and any changes to fees. | Pay all applicable fees and charges in accordance with the agreed-upon terms. |
| System Usage | Maintain platform functionality and address material failures. | Use the system as intended, without attempting to circumvent limitations or interfere with operations. |
| Incident Reporting | Report security incidents impacting users, APIs, or the service as required by law. | Promptly report any security deficiencies or incidents impacting their use of the service. |
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III. Data Handling, Privacy, and Google API Compliance
This section is of paramount importance for KiwiQ AI, as it directly addresses the core requirement of Google API compliance and integrates general data privacy principles crucial for any SaaS provider.
Collection and Use of User Data
KiwiQ AI transparently details the types of data we collect from you. This includes account registration information, service usage data (e.g., feature interaction, content generation volume), and, critically, data accessed via the Google Search Console API. We clearly explain how this data is used: for providing the core service, improving platform functionality, personalizing user experience, and generating aggregated, anonymized analytics. Our comprehensive Privacy Policy, explicitly referenced within these Terms, details these practices, covering the types of information collected, how it is collected, how it is used, how it is kept secure, and whether any third parties will access it on KiwiQ AI's behalf. KiwiQ AI may use, retain, and reproduce in any form, pursuant to its business operations, all data delivered to or generated using the System that pertains to the technical and operational functionality of the System, or that is necessary or useful in assisting KiwiQ AI in diagnosis, billing, software/service evaluation, improvements, or statistical compilation.Transparency in data collection and usage is fundamental for building user trust and ensuring compliance with global privacy regulations.
Compliance with Google API Services User Data Policy and Google Terms
KiwiQ AI is committed to rigorous compliance with Google's API Services User Data Policy and the broader Google Terms of Service, particularly concerning any user data obtained through Google APIs, such as Google Search Console data.
#### User Consent and Privacy Policy Requirements
You must provide and adhere to your own privacy policy. This policy must clearly describe what user information KiwiQ AI collects from you (including Google user information) and how KiwiQ AI uses and shares it with Google and other third parties. This is a direct, non-negotiable requirement from Google for KiwiQ AI.
Crucially, you must obtain explicit opt-in consent from your end-users for sharing any non-public content or data (such as specific Google Search Console data) with KiwiQ AI. Google's policy states that "When a user's non-public content is obtained through APIs, you may not expose it to other users or third parties without explicit opt-in consent from that user". This is particularly critical for handling sensitive GSC data and must be explicitly flowed down to KiwiQ AI's users to ensure KiwiQ AI's compliance with Google's mandates.
#### Data Portability Obligations
KiwiQ AI commits to enabling its users to export their equivalent data obtained through KiwiQ AI (including GSC data) to other services or applications of their choice. This export mechanism will be "substantially as fast and easy as exporting from Google products," subject to applicable laws. We also agree not to make that data available to third parties who do not abide by this obligation , thereby maintaining the integrity of the data portability commitment.
#### Restrictions on Data Usage and Sharing
Unless expressly permitted by the content owner or applicable law, you will not, and will not permit others to:
* Scrape, build databases, or create permanent copies of such content, or keep cached copies longer than permitted by the cache header.
* Copy, translate, modify, create derivative works of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party.
* Misrepresent the source or ownership.
* Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of origin or source material.
These restrictions are crucial for maintaining compliance with Google's intellectual property and data usage policies.
#### Google Controller-Controller Data Protection Terms
To the extent required by data protection laws, the parties (KiwiQ AI and its users) agree to the Google Controller-Controller Data Protection Terms. This ensures that the handling of personal data between KiwiQ AI and its users, particularly in the context of Google API data, is governed by appropriate data protection agreements, aligning with broader regulatory requirements like GDPR.
Data Security Measures and Incident Reporting
KiwiQ AI commits to using commercially reasonable efforts to protect user information collected by its API Client from unauthorized access or use, and to report any such incidents as required by law. This commitment extends to implementing and maintaining appropriate technical and organizational security measures to protect the security, integrity, and confidentiality of user data, preventing unauthorized access or disclosure.
You are responsible for promptly reporting any security deficiencies or incidents impacting your use of the KiwiQ AI platform, the APIs, or the service. You are required to cooperate with KiwiQ AI to immediately correct any incidents or deficiencies. KiwiQ AI reserves the right to audit records, systems, and facilities related to your integration with KiwiQ AI to ensure compliance with security requirements, and you must promptly correct any identified security flaws and certify compliance in writing.
Ownership of User Data and Platform Data
You retain all title and other proprietary rights in and to any data you deliver to the KiwiQ AI System. This includes all information uploaded to the platform, as well as any enhancements or modifications made through the platform.
Notwithstanding this, KiwiQ AI reserves the right to use, retain, and reproduce in any form, pursuant to its business operations, all data delivered to or generated using the System that pertains to the technical and operational functionality of the System, or that is necessary or useful in assisting KiwiQ AI in diagnosis, billing, software/service evaluation, improvements, or statistical compilation. You grant KiwiQ AI a license to use your data for the purpose of providing the platform, improving the platform, and creating aggregate data that KiwiQ AI will own. This aggregate data, typically encompassing analytics and data aggregated across multiple customers, will be the exclusive property of KiwiQ AI. This distinction is crucial for both protecting user privacy and enabling KiwiQ AI to leverage aggregated, anonymized data for service enhancement.
Table 1: Google API Compliance Checklist for KiwiQ AI
The following table serves as a verification tool, outlining specific Google API requirements and demonstrating how KiwiQ AI's Terms and Conditions will address each point, ensuring comprehensive compliance.
| Google Requirement Category | Specific Google Term/Policy | KiwiQ AI's Corresponding T&C Clause/Action |
| :---- | :---- | :---- |
| User Data Handling | Compliance with Google API Services User Data Policy | Explicitly stated commitment to comply with Google policies; flowed down to user obligations. |
| Privacy Policy | Provide and adhere to a privacy policy for API Client (KiwiQ AI) describing data collection, use, sharing with Google/third parties. | KiwiQ AI's T&C will require users to have their own privacy policy that addresses data sharing with KiwiQ AI and Google. KiwiQ AI's own Privacy Policy (referenced in T&C) will detail its practices. |
| Explicit User Consent | Non-public content obtained via APIs not exposed without explicit opt-in consent. | T&C will require users to obtain explicit opt-in consent from their end-users for sharing non-public GSC data with KiwiQ AI. |
| Data Portability | Enable users to export equivalent data to other services/applications "substantially as fast and easy as exporting from Google products". | T&C will commit KiwiQ AI to providing data export functionality for GSC data and other user data, in line with Google's portability requirements. |
| Data Prohibitions | Prohibitions on scraping, building permanent copies, unauthorized copying/distribution of Google content. | T&C will include clauses prohibiting users from these activities regarding content accessed via KiwiQ AI, especially GSC data. |
| Google Controller-Controller Terms | Agreement to Google Controller-Controller Data Protection Terms to the extent required by data protection laws. | T&C will reference and incorporate these terms for data processing involving personal data. |
| Security | Use commercially reasonable efforts to protect user information; report incidents as required by law. | T&C will outline KiwiQ AI's security commitments and require users to implement appropriate security measures for data handled through KiwiQ AI. |
| API Prohibitions | Prohibitions against sublicensing Google API, malware, reverse engineering, misuse for dangerous activities, etc.. | T&C will directly incorporate these prohibitions into KiwiQ AI's "Prohibited Activities" section, making users responsible for adherence. |
| Attribution | Display any attribution(s) required by Google as described in API documentation. | T&C will require users to comply with any Google attribution requirements when displaying content or data derived from GSC. |
| Brand Features | Use of Google Brand Features in accordance with Google Brand Features Use Guidelines. | T&C will specify that users must adhere to Google's Brand Features Use Guidelines if they display Google's brand features in relation to KiwiQ AI's service. |
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IV. Intellectual Property Rights
This section meticulously defines the ownership of intellectual property (IP) related to the KiwiQ AI platform, user-generated content, and the use of third-party brand features.
Ownership of KiwiQ AI Platform and Proprietary Content
KiwiQ AI retains all rights, title, and interests in and to its platform, including all software, applications, technology, and procedures developed or provided by KiwiQ AI, and any enhancements or improvements made over time. This includes all related intellectual property rights such as copyrights, trademarks, trade secrets, and patents. The provision of access to the KiwiQ AI System or services does not vest any ownership or similar rights in the technology to you. KiwiQ AI's brand features, including its trade names, trademarks, service marks, logos, and domain names, are also its exclusive property. Any suggestions or feedback provided by you regarding the platform may be used and incorporated by KiwiQ AI without payment or condition, and such feedback grants KiwiQ AI a perpetual, irrevocable, royalty-free license to use it.
User-Generated Content (including AI-Assisted Content)
#### User's Rights and Licenses Granted to KiwiQ AI
You retain all intellectual property rights in the content you submit to the KiwiQ AI platform, including prompts, data, and the outputs generated by the AI based on your inputs. This aligns with the principle that Google does not acquire ownership of intellectual property rights in content submitted to its APIs through an API Client.However, to enable KiwiQ AI to provide, secure, and improve its services, you grant KiwiQ AI a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to use (host, store, modify, communicate, publish) content submitted to or from the APIs through KiwiQ AI, in accordance with applicable privacy policies. This license is necessary for KiwiQ AI to perform its core functions, such as processing content for AI generation, storing user-generated blogs and posts, and analyzing content to improve its AI models and service offerings.
#### KiwiQ AI's Rights for Service Provision and Improvement
KiwiQ AI's license to user content explicitly covers its right to host, copy, use, transmit, and display user data and AI-assisted content as necessary for KiwiQ AI to provide its services. This includes the ability to view, copy, and internally distribute user content to create algorithms and programs for identifying problem accounts and improving the service. Aggregated and anonymized data derived from user content may also be used for various business purposes, such as developing new features or conducting market analysis. This ensures KiwiQ AI can continuously enhance its platform while respecting user data ownership.
Third-Party Intellectual Property and Brand Feature Usage (e.g., Google Brand Features)
KiwiQ AI's use of Google's Brand Features (trade names, trademarks, service marks, logos) will be in accordance with Google's Brand Features Use Guidelines. You agree to display any attribution(s) required by Google as described in the API documentation. You are prohibited from misrepresenting the source or ownership of content, or from removing, obscuring, or altering any copyright, trademark, or other proprietary rights notices. This section ensures that both KiwiQ AI and its users respect the intellectual property rights of Google and other third parties, preventing potential infringement claims.
V. Fees, Payment, and Subscription Terms
This section outlines the financial aspects of the service, detailing how users will be charged for KiwiQ AI's offerings.
Pricing, Billing, and Payment Methods
You will pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide KiwiQ AI with valid payment information, such as credit card details or purchase order information, as a condition for subscribing to the service. Quoted fees typically exclude taxes, which are your responsibility. KiwiQ AI reserves the right to suspend accounts if payment cannot be processed.
Subscription Management and Renewals
The Terms will detail the terms for subscription management, including automatic renewals for recurring plans, and any conditions for additional charges if usage limits are exceeded. It will also outline the process for managing subscriptions, such as how to upgrade or downgrade plans.
Refund Policy (if applicable)
KiwiQ AI's refund policy will be clearly stated. Generally, no refunds are offered for monthly plans, but specific guarantees may apply to annual plans. Upon termination of the agreement, you will be responsible for paying all amounts associated with services rendered or periods occurring prior to the effective date of termination.
VI. Disclaimers, Limitation of Liability, and Indemnification
This section is critical for managing and mitigating legal risks for KiwiQ AI, especially given the nature of AI-generated content and third-party API integrations.
"AS IS" Disclaimer and No Warranties
KiwiQ AI provides its services "as-is" and "as available," to the maximum extent permitted by law. This means that KiwiQ AI disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. KiwiQ AI does not guarantee that the service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. No oral or written statement from KiwiQ AI creates any warranty not expressly set forth in this agreement.
Limitation of Liability for KiwiQ AI
To the maximum extent permitted by applicable law, KiwiQ AI and its officers, directors, employees, affiliates, agents, and licensors will not be liable for any direct, indirect, punitive, incidental, special, consequential, exemplary, or other types of damages. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether KiwiQ AI was advised of the possibility of such damages. This limitation will apply whether the liability is based on contract, tort (including negligence), strict liability, or any other legal theory. These limitations are intended to comply with applicable law regarding exclusion/limitation of damages or disclaimer of warranties, and they apply even if they cause any remedy to fail its essential purpose.
User Indemnification of KiwiQ AI
You agree to indemnify, defend, and hold harmless KiwiQ AI, its affiliates, officers, directors, employees, and agents from and against any and all claims, losses, expenses, damages, and costs (including reasonable attorneys' fees) arising from or relating to:
1. Your access to or use of the KiwiQ AI service or any content obtained through it.
2. Any content or data you submit, post, transmit, or make available through the service, including AI inputs and outputs.
3. Your violation of these Terms and Conditions, any applicable law or regulation, or the rights of any third party.
4. Any misrepresentations made by you.
KiwiQ AI's Indemnification Obligations
KiwiQ AI agrees to indemnify, defend, and hold harmless you from and against any claims, actions, damages, liabilities, costs, and expenses (including reasonable legal fees) alleging infringement of third-party intellectual property rights by the KiwiQ AI System itself. This indemnification by KiwiQ AI will not apply to infringement claims regarding information submitted to the System by you.
VII. Term, Termination, and Post-Termination Obligations
This section defines the duration of the agreement, the conditions under which it can be terminated by either party, and the responsibilities that continue after termination.
Duration of the Agreement
This Agreement will commence upon your acceptance of these Terms and will continue as long as you maintain an active account or until terminated by either party in accordance with these Terms.
Termination Rights of Both Parties
KiwiQ AI reserves the right to terminate or suspend your access to the service, or any part thereof, at any time, with or without cause, and with or without notice, if we reasonably believe you are in violation of these Terms.This includes, but is not limited to, violations of Google's API terms, prohibited activities, or failure to make payments.
You have the right to stop using the service at any time, typically by closing your account or providing prior written notice to KiwiQ AI.
Consequences of Termination (e.g., data deletion, cessation of service use)
Upon termination of the agreement, you must immediately cease all use of the KiwiQ AI service, including any associated Google Brand Features. You will be responsible for paying all amounts associated with services rendered or periods occurring prior to the effective date of termination. KiwiQ AI will also outline its policy regarding the deletion of user data post-termination, which may include a period during which data remains accessible for export before permanent deletion, subject to applicable laws. Certain clauses, such as those related to liability, intellectual property ownership, and dispute resolution, will explicitly survive the termination of the agreement.
VIII. Dispute Resolution and Governing Law
This section outlines the legal framework for resolving any disagreements between KiwiQ AI and its users.
Governing Law
These Terms and Conditions will be governed by and construed in accordance with the laws of the USA, without regard to its conflict of laws principles.
Dispute Resolution Mechanism
For U.S. customers, any disputes arising out of or relating to these Terms or the service will generally be resolved by binding arbitration or small claims court. Both parties agree to make good-faith informal efforts to resolve disputes before initiating formal proceedings.
Class Action Waiver
You agree that any disputes will be resolved on an individual basis and that you waive your right to participate in a class action lawsuit or class-wide arbitration.
IX. Miscellaneous Provisions
This section covers various standard contractual clauses that ensure the comprehensive and proper functioning of the agreement.
Confidentiality
Developer credentials are confidential and for your use only; you must prevent other API Clients from using them. Any confidential information belonging to KiwiQ AI (marked confidential or normally considered confidential) must not be disclosed to third parties without prior written consent, unless compelled by law with reasonable prior notice. You are required to protect confidential information from unauthorized use and disclosure in the same manner you protect your own confidential information.
Force Majeure
KiwiQ AI will not be liable for any delay or failure in performance under these Terms due to causes beyond its reasonable control, such as acts of God, war, terrorism, natural disasters, or government actions.
Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
Entire Agreement
These Terms and Conditions, along with any other policies explicitly incorporated by reference (e.g., Privacy Policy, Acceptable Use Policy), constitute the entire agreement between KiwiQ AI and you, superseding all prior understandings or agreements.
Contact Us
If you have any questions, concerns, or requests regarding these Terms and Conditions ("Terms"), please contact us at:
Email: support@kiwiq.ai
KiwiQ Inc.
Sunnyvale, CA 94086