1. Agreement to Terms
Welcome to kiwih.com. These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Kiwih GmbH (“Kiwih,” “we,” “us,” or “our”), a company registered in Switzerland with its registered address at Schlossstrasse 5, 8586 Erlen, Switzerland.
By accessing or using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website.
2. Eligibility
By using this Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding agreements under applicable law.
3. Description of Services
Kiwih.com is an informational website that showcases our software development services. The Website provides general information about our company, our expertise, and the services we offer. The Website also includes a contact form that allows visitors to submit inquiries and initiate communication with us.
Please note that the information provided on this Website is for general informational purposes only and does not constitute a binding offer or contract for services. Any engagement for software development services will be subject to separate written agreements between you and Kiwih GmbH.
4. Use of the Website
4.1 Permitted Use
You may use our Website for lawful purposes only. You are granted a limited, non-exclusive, non-transferable license to access and view the content on our Website for personal, non-commercial purposes, or for evaluating our services for potential business engagement.
4.2 Prohibited Conduct
When using our Website, you agree not to: use the Website in any way that violates applicable Swiss, local, or international laws or regulations; attempt to gain unauthorized access to any portion of the Website, other systems, or networks connected to the Website; use any automated means, including bots, scrapers, or spiders, to access, monitor, or copy any content from the Website without our prior written consent; interfere with or disrupt the integrity or performance of the Website or its related systems; transmit any viruses, malware, or other malicious code; impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity; or use the contact form to send spam, promotional materials, or any unsolicited communications.
5. Intellectual Property Rights
All content on this Website, including but not limited to text, graphics, logos, images, icons, and software, is the property of Kiwih GmbH or its content suppliers and is protected by Swiss and international copyright, trademark, and other intellectual property laws.
The Kiwih name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Kiwih GmbH. You may not use such marks without our prior written permission.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent, except for temporary storage in your computer’s cache or printing pages for personal, non-commercial use.
6. Contact Form and Communications
Our Website provides a contact form for you to submit inquiries about our services. When you submit information through our contact form, you agree to provide accurate, current, and complete information. You acknowledge that any information you submit through the contact form, including your name, email address, message, and budget information, will be processed in accordance with our Privacy Policy, which forms an integral part of these Terms.
Submitting an inquiry through our contact form does not create any contractual obligation on the part of Kiwih GmbH. We reserve the right to respond to or decline any inquiry at our sole discretion.
We are under no obligation to monitor, screen, or review any information submitted through the contact form and shall not be responsible for any content submitted by users.
7. No Professional Advice
The information provided on this Website is for general informational purposes only and should not be construed as professional, technical, or business advice. While we strive to keep the information on our Website accurate and up-to-date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information contained on the Website.
8. Disclaimer of Warranties
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KIWIH GMBH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Website will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Website or the servers that make it available are free of viruses or other harmful components.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCLUDING LIABILITY FOR INTENT OR GROSS NEGLIGENCE WHERE SUCH EXCLUSION IS NOT PERMITTED UNDER MANDATORY LAW, KIWIH GMBH AND ITS DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; (C) ANY CONTENT OBTAINED FROM THE WEBSITE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
10. Indemnification
You agree to defend, indemnify, and hold harmless Kiwih GmbH and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Website; (b) your violation of any term of these Terms; or (c) your violation of any third-party right, including without limitation any intellectual property or privacy right.
11. External Links
Our Website may contain links to third-party websites or services that are not owned or controlled by Kiwih GmbH. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Kiwih GmbH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
12. Modifications to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised Terms.
13. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
14. Waiver
No waiver by Kiwih GmbH of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Kiwih GmbH to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
15. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the courts located in the Canton of Thurgau, Switzerland.
16. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kiwih GmbH regarding your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
17. Termination
We reserve the right, at our sole discretion, to suspend or terminate your access to the Website at any time and for any reason, including if we reasonably believe you have violated these Terms.
18. Contact Information
If you have any questions about these Terms of Use, please contact us at:
Kiwih GmbH
Schlossstrasse 5
8586 Erlen
Switzerland
Email: mail@kiwih.com