These terms of service (the “Terms”) govern your access to and use of Kiwibill websites and services (the “Services”), so please read them carefully. By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Kiwibill and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
Your Data & Your Privacy
By using our Services you provide us with information, files, and folders that you submit to Kiwibill. You retain full ownership of your data. We don’t claim any ownership of your data. These Terms do not grant us any rights to your data or intellectual property except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your data, for example, storing your files. This includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example Amazon, which provides our storage space (again, only to provide the Services).
You are solely responsible the content of your data. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
You, not Kiwibill, will be fully responsible and liable for what you backup, copy, share, upload, download or otherwise use while using the Services.
You, and not Kiwibill, are responsible for maintaining and protecting all of your stuff. Kiwibill will not be liable for any loss or corruption of your files or backups, or for any costs or expenses associated with restoring any of your backups or usage of data.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password or secret keys to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Kiwibill of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to Kiwibill, it is your responsibility to use a secure encrypted connection to communicate with the Services.
Kiwibill Property and Feedback
These terms do not grant you any right, title, or interest in the Services or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. These Terms do not grant you any rights to use the Kiwibill trademarks, logos, domain names, or other brand features.
By using Kiwibill you agree that
- You will not transmit or publish any content that contain any malicious codes, viruses, malware or any other similar software or programs that will damage or limit the operation of any computer or telecommunication device.
- You will not transmit or publish any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- You will not transmit or publish any content that is pornographic and/or obscene.
- You will not use Kiwibill to impersonate any individual or entity.
- You will not upload files for the primary purpose of having them hosted by Zoho and for use outside of a web site created using Kiwibill.
- You will not transmit or publish any content that is unlawful, illegal, hateful, promotes racism or promotes discrimination or hatred based on ethnicity.
- You will not transmit or publish any material that defames, abuses, harasses, stalks, threatens or otherwise violates privacy and other legal rights of others.
- You will not create a load on Zoho's servers or abuse Zoho's bandwidth.
- You will not transmit or publish any content that violates any applicable local, state, national or international laws.
- You will not use Kiwibill for spamming, phishing or any similar activity.
- You will not use Kiwibill for transmitting or publishing any pirated content.
- You will not use the service for the primary purpose of displaying advertisements. (However, you are permitted to include not more than five (5) advertisement units per page).
- You will not transmit or publish any content that is considered as confidential and/or personal information belonging to any person or entity.
- You will not use Kiwibill for selling or distributing illegal and counterfeit products.
- You will not use Kiwibill for collecting information about others, including e-mail addresses, without their consent.
- You will not interfere with or disrupt the provisioning of Kiwibill.
- You will not transmit or publish any content that is used for scamming purposes such as pyramid scheme, click fraud or get-rich-quick scheme.
- You will not transmit or publish any content that promotes dangerous and illegal activities.
- You will not use Kiwibill for publishing content that is solely created to manipulate search engine results, search engine ranking and search result placement.
- You will not use Kiwibill for generating unnatural traffic.
- You will not post affiliate links using Kiwibill without any original content.
- You will not use Kiwibill to link or redirect to sites that are involved in any of the prohibited activities listed above.
You will not, and will not attempt to, misuse the Services. For example, you must not, and must not attempt to, use the services to access, tamper with, or use non-public areas of the Service, Kiwibill (or our service providers’) computer systems; interfere with or disrupt any user, host, or network, for example by overloading, flooding or spamming any part of the Services; violate the law in any way, or to violate the privacy of others, or to defame others.
The Services may contain links to third-party websites or resources. Kiwibill does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. For example, here's a link to Google. What you google at Google is your own business. Neither of us hereby owns Google.
Though we’d much rather you stay, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 60days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services.
We accept credit cards and will automatically charge your credit card depending on the subcription. If any fee is not paid in a timely manner, or we are unable to process your transaction using the credit card information provided, we reserve the right to revoke access to our Kiwibill service. If you do not bring your Kiwibill balance current within fifteen (15) days after we provide you with notification that your account is in arrears, we reserve the right to use our discretion to delete your account and backups.
Your Account will continue in effect unless and until you cancel your Account or we terminate it. You must cancel your Account before it renews each month in order to avoid billing of the next month's fees to your credit card. Kiwibill will bill the monthly fees associated with your Account plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information).
Kiwibill Accounts are prepaid and are non-refundable. Kiwibill DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS. You may cancel your Account at anytime, and cancellation will be effective immediately. If you wish to cancel your Account you may do so via your "My Account" page. Should you elect to cancel your Account, please note that you will not be issued a refund for the most recently (or any previously) charged monthly fees.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Kiwibill; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.
Kiwibill does not charge extra costs when the service is used reasonably. We’ll adjust these values when there is reasonable cause. Kiwibill wants to ensure and maintain an optimal user experience. That’s why we monitor Kiwibill's technical usage and work according to a Fair Use Policy. This Fair Use Policy has been created to prevent improper use of the servoce, so we can guarantee an excellent user experience. The Fair Use Policy for Kiwibill comprises number of Invoices, Expenses, Contacts and Line Items, attachment storage, the amount of data traffic, and the number of emails sent.
To prevent a negative effect of excessive network traffic on your user experience or that of others, we monitor the traffic. We compare your use to the average use of all our customers. With normal use you don’t have to worry about the network bandwidth available to you. If we detect a situation that could lead to a decrease in service, Kiwibill will contact you to discuss the situation. In some situations, we can intervene by limiting the available bandwidth.
Amount of data storage
Within your Kiwibill environment you can store files and attach them to Invoices and Expenses. These files can be PDF files, Word documents, Excel documents, photos, or other data files. To make sure that there is enough storage for everyone, we’ve limited the amount of data you can save with kiwibill to 512MB. Additional storage can be provided at additional cost.
You can always request the actual size of your data storage within Kiwibill. If we detect that your organization structurally saves more data than the mentioned Fair Use value, we’ll contact you to discuss the situation. It’s possible to expand your storage in blocks of 512(MB). The costs for this are €5 per block per month. Storage can be expanded up to 500GB. At that point we’ll contact you to discuss alternative storage solutions.
Number of sent emails
To prevent spam, we use worldwide blacklists among other things. To guarantee smooth email traffic from Kiwibill for you and our other customers, we monitor the mails sent from the service to ensure we don’t end up on one of those lists. This could happen when an
excessive number of emails are sent from Kiwibill, for example. For this, Kiwibill maintains very broad margins based on the average use of our customers. With normal use, you won’t notice a thing. When we detect abnormal values that could negatively impact the service, we’ll limit the number of emails you can send. Before we do this, we’ll always contact you first to discuss possible solutions
Kiwibill is Available “AS-IS”
Though we want to provide a great service, there are certain things about the service we can’t promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. (Again - sorry about the legal shouting). Kiwibill will have no responsibility for any harm to your website, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Subscription to Beta Service
We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Kiwibill will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. KIWIBILL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KIWIBILL MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM KIWIBILL, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Kiwibill, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT Kiwibill HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF €20 OR THE AMOUNTS PAID BY YOU TO KIWIBILL FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. YOU AGREE THAT KIWIBILL SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF KIWIBILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL KIWIBILL’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless Kiwibill, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Kiwibill.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to email@example.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if Kiwibill breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
We may revise these Terms in the future. If we do so, the most current version will always be posted on our website. If we ever make a change to these Terms that we believe materially reduces your rights, we will provide you with notice (for example, by email). By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services.