Terms of Service

Welcome to KiwiBrain. These Terms of Service ("Terms") govern your use of our website and services. By accessing or using our services, you agree to be bound by these Terms. Please read them carefully.

1. Acceptance of Terms

By accessing and using our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our services.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after any changes constitutes acceptance of those changes.

2. Services

KiwiBrain provides digital services including but not limited to:

• AI Strategy & Consulting
• Custom AI Development
• Web & Mobile Development
• Cloud Solutions
• Data Engineering
• UI/UX Design

The specific scope, deliverables, timeline, and pricing for each project will be outlined in a separate agreement or statement of work.

3. Client Responsibilities

When engaging our services, you agree to:

• Provide accurate and complete information necessary for the project
• Respond to requests for feedback and approvals in a timely manner
• Ensure you have the rights to any materials you provide to us
• Make payments according to the agreed-upon schedule
• Designate a primary point of contact for project communication

4. Intellectual Property

Our Intellectual Property

All content on our website, including text, graphics, logos, and software, is the property of KiwiBrain or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.

Project Deliverables

Upon full payment, you will receive the rights to the final deliverables as specified in your project agreement. We retain the right to use non-confidential aspects of the work for portfolio and promotional purposes unless otherwise agreed in writing.

Pre-existing Materials

Any pre-existing intellectual property, tools, frameworks, or code libraries that we use in your project remain our property or the property of their respective owners, though you will receive a license to use them as part of your deliverables.

5. Payment Terms

• Payment terms will be specified in your project agreement or invoice
• A deposit may be required before work begins
• Late payments may incur interest charges and/or suspension of services
• All fees are non-refundable unless otherwise stated in your agreement
• Prices are subject to change with reasonable notice for ongoing services

6. Confidentiality

We treat all client information as confidential. We will not disclose your confidential information to third parties without your consent, except as required by law or as necessary to provide our services (e.g., to subcontractors under appropriate confidentiality agreements).

You agree to keep confidential any proprietary methodologies, tools, or information we share with you during our engagement.

7. Limitation of Liability

To the maximum extent permitted by law, KiwiBrain shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

Our total liability for any claims arising from our services shall not exceed the total fees paid by you for the specific services giving rise to the claim.

8. Warranties and Disclaimers

We warrant that our services will be performed in a professional and workmanlike manner. However, except as expressly stated:

• Our services are provided "as is" without warranties of any kind
• We do not guarantee specific results or outcomes
• We do not warrant that our services will be uninterrupted or error-free
• We are not responsible for third-party services or integrations

9. Termination

Either party may terminate a project agreement with written notice as specified in the agreement. Upon termination:

• You will pay for all services rendered up to the termination date
• We will deliver any completed work and materials
• Both parties will return or destroy confidential information
• Provisions regarding intellectual property, confidentiality, and limitation of liability will survive termination

10. Indemnification

You agree to indemnify and hold harmless KiwiBrain, its officers, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your breach of these Terms, your use of our services, or your violation of any third-party rights.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which KiwiBrain is registered, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the courts of that jurisdiction.

12. General Provisions

• Entire Agreement: These Terms, along with any project agreements, constitute the entire agreement between you and KiwiBrain
• Severability: If any provision is found unenforceable, the remaining provisions will continue in effect
• Waiver: Our failure to enforce any right or provision does not constitute a waiver
• Assignment: You may not assign your rights under these Terms without our written consent

13. Contact Us

If you have any questions about these Terms of Service, please contact us: