Website Terms of Use

1. Agreement to These Terms

These Website Terms of Use ("Terms") govern your access to and use of kiwii.ai, www.kiwii.ai, move.kiwii.ai, launch.kiwii.ai and related Kiwii product landing pages, waitlists, surveys, content, communications, free reservations, launch benefits, and product orders 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. A product purchase requires your separate affirmative instruction and acceptance of the order terms shown at checkout. Website use or a free reservation alone never authorizes a charge.

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 waitlists are intended for users located in the United States. Available products and eligible U.S. shipping destinations will be disclosed before you place a product order. We do not represent that the Service is appropriate or available in other locations.

3. Free Reservations, Launch Benefits and Product Orders

3A Free email reservation

Reserve your spot for Kiwii Move for free by leaving your email. No payment is collected, no product order is created, and no charge is authorized by signing up. A free reservation does not guarantee a unit, a production allocation, or a delivery date.

3B Launch benefit and product price

The standard launch benefit is USD $100 off Kiwii Move when ordering opens. Any different offer shown and confirmed at signup, including an existing price-test offer, will be honored as recorded. The benefit is a promotional discount toward a qualifying product purchase, has no cash value, and is not money paid toward an order.

We will email redemption details before purchase, including the final product price, how to apply your discount, shipping, taxes, and any applicable ordering window. We have not set a redemption deadline in these Terms. You decide whether to place an order and must actively authorize the amount shown at checkout. No balance or other payment is charged automatically.

3C Email choices and cancellation of a free reservation

The email communications you request are described at signup. You may unsubscribe from marketing at any time. Unsubscribing does not remove an earned launch benefit or affect your privacy rights. Necessary order, safety, delivery and refund messages are separate from optional marketing. Contact founders@kiwii.ai for help with your reservation. Because signup is free, there is no reservation payment to refund.

3D Product orders

Before you place a product order, we will disclose the final product description, product price, promotional discount, shipping coverage and cost, applicable taxes and other charges, total amount due, expected shipment window, dispatch origin, cancellation and return terms, and warranty terms. You must expressly choose to purchase. An order is formed when we issue an express product-order acceptance confirmation after your purchase instruction; this description does not postpone obligations that arise earlier under applicable law.

3E Order cancellations, returns and existing rights

Before shipment, you may cancel a product order for a full refund of all amounts collected for the cancelled order, including taxes and other charges, without a cancellation or processing-fee deduction. Beginning fulfillment alone does not remove this right. If we cancel an order or cannot supply it, we will notify you and refund the amounts collected. Refunds are money, not compulsory store credit. A promotional discount is not paid out as cash.

After delivery, product returns and refunds are governed by our Returns & Refunds policy, and warranty claims by our Limited Warranty policy. These policies are available before purchase and are incorporated into these Terms. They set out the return window, condition requirements, any restocking fee, responsibility for shipping, warranty periods and available remedies. An accepted return refunds amounts actually paid, less only expressly permitted deductions, and includes applicable refundable taxes. We do not deduct an invented shipping charge for shipping included at no charge. A warranty claim may result in repair or replacement where the warranty provides those remedies. Nothing limits mandatory rights for damaged, defective, incorrect or otherwise nonconforming goods.

Any benefits, payments, cancellation rights, refund promises and delivery protections already agreed under an earlier offer remain governed by the terms and confirmation provided for that transaction. This change to free reservations does not retroactively reduce those rights, forfeit money paid, or turn a payment into a non-refundable promotional discount. For assistance, email founders@kiwii.ai with your confirmation and purchase email. A payment dispute or chargeback does not waive your legal rights; we reconcile bank credits and refunds to avoid double recovery without delaying an undisputed amount.

3F Refund timing and payment route

Refunds follow the timing in our Returns & Refunds policy, subject to any shorter legal deadline or existing promise. Internal approval does not restart a statutory deadline. We refund to the original payment method and confirm the amount and initiation date. Bank posting is separate and may take additional time. If the original method is unavailable or fails, we will contact you securely to arrange a lawful monetary alternative within the applicable deadline; we do not force store credit.

3G Product changes and shipping delays

If a material product, price, promotional benefit or delivery change affects your order, we will notify you and offer cancellation and a full refund of the cash paid for the affected unshipped order, or your affirmative agreement to a lawful alternative. We do not treat silence as agreement to a material substitution. If we cannot ship within the disclosed shipment window or another applicable promised or legally required time, we will give the required delay notice, explain the revised date or uncertainty, and obtain required consent to continued waiting. If that consent is absent when required or you decline, we will cancel and refund promptly.

The FTC Mail, Internet, or Telephone Order Merchandise Rule and other applicable consumer laws apply according to the actual transaction. When the Rule applies, we will have a reasonable basis for the shipment time, provide required delay options and issue refunds within its deadlines. No general development estimate, disclaimer, amendment, termination or liability limit overrides those duties.

4. Product Status and Forward-Looking Information

Products under development may change. Images, descriptions, prototypes, specifications, features, performance statements, expected pricing, production quantities, launch timing, and shipping estimates must be read with the disclosures for the particular product. General development statements do not override a confirmed launch benefit, an accepted product order, an express warranty, or a mandatory consumer right. If a material product or delivery change affects your reservation or order, Section 3 applies.

5. Wellness Product; Not Medical Advice

Kiwii Move is intended as a consumer wellness product. 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, Kiwii Move, 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 its products, 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

When you join a free reservation or waitlist, you request the marketing communications described at signup. Necessary transaction notices are separate from optional marketing and do not depend on a marketing subscription. Marketing signup is separate from payment for a product order. You may unsubscribe at any time using the unsubscribe link in an email. We may still send necessary benefit-redemption, payment, delay, safety, order, and refund notices. Unsubscribing does not remove an earned launch benefit or affect your refund rights. 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 payment, email, hosting, advertising, analytics, and survey providers. Their separate terms may apply to their services. We do not control independent third-party websites, content, or practices. Use of a payment or fulfillment provider does not remove our obligations to you under these Terms, including refunds.

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. This Section 11 applies to the Service — this website and its content — and does not apply to the Kiwii Move product. These website disclaimers do not exclude an express product warranty or non-waivable statutory warranty, do not limit any mandatory consumer rights relating to the product, and do not limit our duty to honor a confirmed launch benefit, an accepted order, or a refund. Any written limited warranty we provide with a product is set out in our Limited Warranty policy.

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. Neither this cap nor any exclusion in these Terms limits the return of money we owe you, including any earlier payments, order payments, or refundable taxes, shipping and other collected charges, regardless of when paid.

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. We may investigate suspected fraud proportionately, but suspension or termination does not forfeit money or eliminate refund or other accrued consumer rights. Sections that by their nature should survive termination will survive, including refund obligations and applicable 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 apply prospectively, with additional notice or affirmative consent where required. Continued website use does not authorize additional payment or retroactively reduce an existing reservation benefit, refund right, or accepted order right. The offer details and terms recorded with your signup or earlier transaction govern that signup or transaction unless you expressly agree to a lawful change that does not waive mandatory rights.

17. General Terms

These Terms, the offer details confirmed at signup and applicable order terms, together with the Privacy Policy for personal information practices, govern the Service. Mandatory law controls. For free reservation benefits and order cancellation or refund rights, Section 3 and your confirmed offer control over inconsistent general website language; offer details cannot reduce mandatory refund protections or rights already agreed for an earlier transaction. Product order terms govern other sale, delivery, return, and warranty matters, without retroactively worsening reservation rights or existing applicable refund promises. If a provision is unenforceable, it will be modified only as law permits and the remaining provisions 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, without extinguishing your rights or our refund obligations.

18. Contact

KIWII AI INC.
4521 Campus Drive, Ste 292
Irvine, CA 92612
United States
Email: founders@kiwii.ai

Kiwii Move Free Reservation Summary

Eligible product: Kiwii Move. Signup: free email reservation with no payment, product order or automatic charge. Standard benefit: USD $100 off when ordering opens, or the different benefit shown and confirmed at your signup. The discount has no cash value.

We will email ordering and redemption details, including the product price, eligible shipping destinations, shipping cost, taxes, any ordering window and how to use the discount, before you decide to buy. A free reservation does not promise a specific unit, priority position or delivery date. Previously confirmed benefits and transaction rights are preserved under Section 3.

For product returns and refunds, see our Returns & Refunds policy. For arrival issues and warranty coverage, see our Limited Warranty policy. For reservation or order help, email founders@kiwii.ai.