Terms of Service

These Terms of Service ("Terms") govern your access to and use of the services provided by KiwiBooks Inc. ("Kiwibooks," "we," "us," or "our"), including our website at kiwibooks.ai and all related applications and services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Description of Service

Kiwibooks provides AI-powered bookkeeping and financial management software for small businesses, sole proprietors, landlords, farmers, and accounting professionals. Our platform includes:

• Invoicing and payment tracking
• Expense categorization with AI assistance
• Receipt scanning and OCR processing
• Mileage tracking
• Bank account connections and reconciliation
• Tax-ready financial reports
• Accountant collaboration tools

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our Service. By using Kiwibooks, you represent and warrant that you meet these requirements.

3. Account Registration and Security

When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

We reserve the right to suspend or terminate accounts that violate these Terms or contain false information.

4. Subscription and Payments

Plans

• Free: $0. No credit card is required and there is no time limit. The free plan covers one personal account and one business, and it includes transaction entry and CSV import, invoicing and estimates, mileage tracking for one vehicle, all reports and tax outputs, and a monthly allowance of receipt and document scans as described on our pricing page.
• Premium: $15 per month or $120 per year. Premium adds automatic bank and credit card connections, AI categorization and matching, additional businesses, custom categories, and higher limits on scanning and vehicles.
• Accountants/Partners: Free unlimited access to client books

Free Trial

Every new account starts with 7 days of full Premium access. No credit card is required to start the trial. At the end of the 7 days, the account moves to the free plan automatically unless you choose to subscribe. We do not charge you when a trial ends.

Billing Terms

• Premium subscriptions automatically renew, monthly or yearly depending on the plan you choose, unless cancelled
• You may cancel at any time through your account settings
• Cancellation takes effect at the end of the current billing period
• Plan changes take effect when your current paid period ends: the time you already paid for is honored in full, and the new plan begins and is charged when it starts
• Payments are non-refundable, whether monthly or yearly. Because cancellations and plan changes always run to the end of the period you paid for, you never pay for time you do not receive
• We may change prices with 30 days' advance notice

Moving to the Free Plan

When a paid period ends, whether because you cancelled or because a trial finished, your account moves to the free plan. We retain your data and do not delete it. Businesses beyond the one included in the free plan become read only, so you can still view and export their records, and full access returns if you subscribe again.

Failed Payments

If payment fails, we will attempt to charge your payment method again. After multiple failed attempts, your account may be suspended until payment is received.

Fair Use

Features described as unlimited are subject to fair use. We set internal limits well above ordinary business use, so normal use of the Service does not reach them. If an account uses the Service in a way that is abusive, automated at scale, or otherwise harmful to the Service or to other users, we may throttle, restrict, or suspend that account. We will give notice before doing so where it is practical.

5. Invoice Payments

Payment Features

KiwiBooks lets you add payment options to the invoices you send. These features are optional. When you use them, the terms in this section apply in addition to the rest of this agreement.

Manual Payment Options

You can display payment details on your invoices, such as a Venmo username, a Zelle email address or phone number, a PayPal.Me link, a Cash App cashtag, an X Money handle, or written payment instructions. KiwiBooks displays this information exactly as you enter it. We do not process, hold, or verify payments made through these services, we are not a party to those transactions, and we cannot confirm whether a payment was sent or received. You are responsible for entering your details correctly and for complying with each service's own terms. Payments received this way are recorded in KiwiBooks manually or through your connected bank feed.

Taxes and Reporting

KiwiBooks does not file tax forms for payments you receive through any payment option. You are responsible for reporting your income and paying any taxes that apply to your sales.

6. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose or to violate any laws
• Upload false, misleading, or fraudulent financial information
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers
• Upload malware, viruses, or other malicious code
• Scrape, harvest, or collect data from the Service without permission
• Resell or redistribute the Service without authorization
• Use the Service to send spam or unsolicited communications
• Impersonate any person or entity

7. Your Data and Content

• Ownership: You retain all rights to your financial data, documents, and content uploaded to the Service.
• License to Us: You grant Kiwibooks a limited license to use, process, and display your content solely to provide and improve the Service. This includes using anonymized, aggregated data to train our AI models.
• Your Responsibility: You are responsible for the accuracy and legality of all content you upload. You represent that you have the right to share any data you provide.

8. Intellectual Property

The Service, including its design, features, AI models, software, and content (excluding your data), is owned by Kiwibooks and protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the Service without our written permission.

9. Third-Party Services

Our Service integrates with third-party services (e.g., bank connections, payment processors). Your use of these integrations is subject to those providers' terms and privacy policies. We are not responsible for third-party services.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

We do not warrant that the Service will be uninterrupted, error-free, or secure. We disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIWIBOOKS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, business opportunities, or goodwill
• Errors in tax calculations, filings, or compliance
• Unauthorized access to or alteration of your data
• Any third-party conduct or content

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Kiwibooks and its affiliates from any claims, damages, losses, and expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

13. Termination

• By You: You may cancel your subscription and delete your account at any time through your account settings.
• By Us: We may suspend or terminate your account immediately for violations of these Terms, fraudulent activity, or other conduct that harms us or other users.

Upon termination, your right to use the Service ends. You may export your data before cancellation. We may retain certain data as required by law.

14. Dispute Resolution

• Informal Resolution: Before filing any legal claim, you agree to contact our legal team to attempt to resolve the dispute informally.
• Arbitration: Any dispute not resolved informally shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. You agree to waive your right to a jury trial and to participate in class actions.

15. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any legal action must be brought in the state or federal courts located in Delaware.

16. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or through the Service at least 30 days before they take effect. Your continued use after changes constitutes acceptance.

17. General Provisions

• Entire Agreement: These Terms, along with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Kiwibooks.
• Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any right does not waive that right.
• Assignment: You may not assign these Terms without our consent. We may assign our rights freely.

18. Experts Network and Public Profiles

Eligible expert-type accounts (CPAs, Enrolled Agents, Tax Advisors, and Bookkeepers) may create an optional public profile listed in the KiwiBooks Experts directory at kiwibooks.ai/experts. By publishing a profile you agree that:

• The information you enter (name, practice, specialties, industries, location, overview, contact details, links, and any image) becomes publicly visible on the internet, on your profile page, the directory, and our sitemap, and may be indexed and cached by search engines and other third parties.
• You are solely responsible for the accuracy, legality, and content of your profile, and you represent that you have the right to use any name, brand, image, and information you publish.
• KiwiBooks does not currently verify professional credentials or licenses, does not endorse or recommend any expert, and a listing is not a guarantee of qualifications, results, or new clients. Business owners are responsible for their own due diligence.
• KiwiBooks may, at its discretion and without notice, decline to publish, edit, unpublish, or remove any profile, for example if it violates Section 6 (Acceptable Use) or these Terms.
• You may unpublish your profile at any time, which removes it from the directory and its public URL; however, copies cached or indexed by third parties may persist for a period outside our control.
• Profile contact is outbound only; KiwiBooks does not facilitate, monitor, or take responsibility for communications, engagements, or agreements between experts and business owners.

19. Contact Information

For questions about these Terms:

• Kiwibooks Inc.
• 8 The Green #STE A
• Dover, DE, 19901, United States
• Email: legal team
• Website: kiwibooks.ai