Website Terms of Use

1. Agreement to These Terms

These Website Terms of Use ("Terms") govern your access to and use of launch.kiwii.ai and related Kiwii product landing pages, waitlists, surveys, content, and communications operated by KIWII AI INC. ("Kiwii," "we," "us," or "our") (collectively, the "Service"). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. Eligibility and United States Availability

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Service. The Service and current waitlist are intended for users located in the United States. We do not represent that the Service is appropriate or available in other locations.

3. Waitlist Only; No Order or Payment

The current Service allows you to express interest in Kiwii Power and receive launch updates. Joining the waitlist, completing a survey, receiving a promotional code, or seeing language such as "reserve," "early access," "Founding 500," or similar language:

• does not create a purchase order, preorder, deposit, ownership interest, or binding obligation to buy or sell a product;
• does not require or authorize us to charge you;
• does not guarantee a unit, production allocation, priority position, price, discount, feature, delivery date, or availability; and
• is subject to future product terms, eligibility requirements, inventory, pricing, taxes, shipping limitations, and other conditions presented when an actual purchase opportunity becomes available.

We may change, pause, limit, or discontinue the waitlist or any promotional program at any time. Before accepting payment, we will present the applicable purchase, cancellation, refund, shipping, warranty, and other sales terms.

4. Product Status and Forward-Looking Information

Kiwii Power is in development. Images, descriptions, prototypes, specifications, features, performance statements, expected pricing, production quantities, launch timing, and shipping estimates are preliminary and may change. References to future plans reflect current expectations only and are not guarantees.

5. Wellness Product; Not Medical Advice

Kiwii Power is intended as a consumer wellness product and is not a medical device. The Service does not provide medical advice and is not intended to diagnose, treat, cure, or prevent any disease or medical condition. Content concerning movement, vibration, balance, activity, weight-loss journeys, GLP-1 use, recovery, sleep, or wellness is general information and is not a substitute for advice from a qualified health professional.

Consult a qualified health professional before beginning a new movement or vibration routine, particularly if you are pregnant, have a pacemaker or implanted device, have a recent injury or surgery, or manage a medical condition. Do not disregard professional medical advice because of information on the Service.

6. Permitted Use

You may use the Service only for lawful, personal, non-commercial purposes and in accordance with these Terms. You may not:

• interfere with the operation or security of the Service or attempt to gain unauthorized access;
• use automated means to scrape, copy, index, or extract content except as permitted by applicable law;
• submit false, misleading, fraudulent, unlawful, or harmful information;
• impersonate another person or misrepresent your affiliation;
• introduce malware or other harmful code; or
• use the Service or its content to violate law or the rights of Kiwii or another person.

7. Intellectual Property

The Service and its content, including the Kiwii and Kiwii Power names, logos, designs, text, graphics, images, videos, software, product concepts, and arrangement, are owned by or licensed to KIWII AI INC. and are protected by intellectual-property and other laws. We grant you a limited, revocable, non-exclusive, non-transferable right to access the Service for its intended purpose. No other rights are granted.

8. Feedback and Survey Responses

If you submit ideas, suggestions, comments, or other feedback about Kiwii or Kiwii Power, you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use, reproduce, modify, create derivative works from, and otherwise exploit that feedback for any lawful purpose without compensation or attribution. This license does not change our obligations concerning personal information under our Privacy Policy.

9. Marketing Communications

By providing your email address for a waitlist, you request communications concerning Kiwii products, early access, availability, product research, and launch. You may unsubscribe from marketing emails at any time using the unsubscribe link in an email. Your use of the Service remains subject to our Privacy Policy.

10. Third-Party Services and Links

The Service may rely on or link to third-party services, including email, hosting, advertising, analytics, and survey providers. We do not control and are not responsible for third-party websites, content, availability, security, or practices. Your use of a third-party service may be governed by separate terms.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." KIWII DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND RESULTS. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR COMPLETE.

Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIWII AI INC. AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, PROFITS, REVENUE, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF USD $100 OR THE AMOUNT YOU PAID US, IF ANY, TO USE THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limitations do not apply where prohibited by law or to liability that cannot lawfully be limited.

13. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless KIWII AI INC. and its affiliates, officers, directors, employees, contractors, and agents from third-party claims, losses, and reasonable costs arising from your unlawful misuse of the Service, your violation of these Terms, or your infringement of another person's rights. This provision does not require you to indemnify us for our own unlawful conduct.

14. Suspension and Termination

We may suspend or terminate access to the Service if we reasonably believe you violated these Terms, created risk or legal exposure, or interfered with the Service. Sections that by their nature should survive termination will survive, including intellectual-property, disclaimer, liability, indemnification, and dispute provisions.

15. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles, except that mandatory consumer-protection laws of your state of residence continue to apply where they cannot be waived. Any dispute arising from these Terms or the Service must be brought exclusively in the state or federal courts located in Delaware, and each party consents to their jurisdiction, unless applicable law gives you a non-waivable right to bring a claim elsewhere.

16. Changes to the Service or Terms

We may update the Service and these Terms from time to time. We will post revised Terms and update the effective or last-updated date. Material changes will apply prospectively, and we will provide additional notice when required by law. Continued use after revised Terms become effective constitutes acceptance to the extent permitted by law.

17. General Terms

These Terms and the Privacy Policy constitute the agreement between you and Kiwii concerning the current Service. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain effective. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a reorganization, financing, merger, acquisition, or transfer of the Service.

18. Contact