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KiwanaAI

Terms of Service

Last Updated: January 2024

1. AI Accuracy & Disclaimer

Kiwana AI provides product detection and tagging "as-is" using AI technology. While we strive for precision, Kiwana does not guarantee the accuracy, completeness, or legality of items detected. We are not liable for incorrect or inaccurate product tags. Creators are responsible for reviewing and confirming all tags before they are published to their store.

2. Intellectual Property & Ownership

Kiwana AI owns all rights to its scanning algorithms, AI vision prompts, and platform code. Creators retain ownership of their original video content, but grant Kiwana a non-exclusive license to analyze and process said content for the purpose of generating shoppable metadata.

3. Limitation of Liability

In no event shall Kiwana AI be liable for any indirect, incidental, or consequential damages arising out of the use or inability to use the service. Kiwana is not a party to the transaction between you and your customers; all commerce is facilitated through independent third-party businesses and is subject to their respective merchant terms.

4. Indemnification

You agree to indemnify and hold Kiwana AI harmless from any claims, losses, or lawsuits resulting from your use of the service, including any violations of third-party intellectual property rights.

5. Governing Law

These terms are governed by the laws of the State of Delaware. Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules.

6. Age Requirement

You must be at least 18 years of age to create an account, access, or use Kiwana's services. By registering for an account or using the platform, you represent and warrant that you are at least 18 years old. If we discover that a user is under 18, we reserve the right to immediately terminate their account and delete all associated data without notice.

7. Product Quality Disclaimer

Kiwana is a marketplace platform that connects businesses and creators. Kiwana does not manufacture, warehouse, inspect, or sell any products listed on the platform. All products are sourced, listed, and fulfilled directly by independent third-party businesses. Kiwana makes no warranties or representations, express or implied, regarding product quality, safety, legality, merchantability, or fitness for any particular purpose.

8. Third-Party Fulfillment Disclaimer

Orders placed through wootmarts or any Kiwana-powered storefront are fulfilled entirely by independent third-party businesses. Kiwana is not a party to the transaction between buyer and seller. Kiwana is not responsible for shipping delays, product defects, incorrect items, fulfillment errors, or any other issues arising from the sale or delivery of products.

9. AI Detection Accuracy Disclaimer

Kiwana's AI-powered product detection technology is provided on an "as-is" basis. While we continuously work to improve accuracy, Kiwana does not guarantee the correctness of product detection, matching, or identification. AI models may produce incorrect matches, false positives, or fail to detect products entirely. Creators are solely responsible for reviewing, verifying, and approving all AI-detected products before publishing them to their storefronts.

10. No Endorsement

The listing, display, or detection of any product on the Kiwana platform does not constitute an endorsement, recommendation, or guarantee by Kiwana. Product claims, descriptions, images, and pricing are provided by the listing business and are their sole responsibility.

11. Commission & Payment Disclaimer

Commission rates displayed on the platform are subject to change at Kiwana's discretion. All payments are processed securely through Stripe, a PCI-DSS Level 1 certified payment processor. Kiwana does not store, process, or have access to your credit card information at any time.

12. Acceptance of Terms

By creating an account on any Kiwana AI product, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you may not access or use the platform.