Terms of Service

1. Introduction

Welcome to Kiwi. These Terms of Service govern your use of our website and platform operated by nammu.ch SNC ("we", "us", or "our"). By accessing or using our service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the service.

2. Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our service.

You are responsible for safeguarding the password that you use to access the service and for any activities or actions under your password, whether your password is with our service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

3. Platform Usage

3.1 User Conduct

You agree to use our platform in a manner consistent with any and all applicable laws and regulations. You are responsible for your conduct and any content you submit, including compliance with applicable laws, rules, and regulations.

You agree not to:

• Use the service in any way that could disable, overburden, damage, or impair the service
• Use any robot, spider, or other automated device to access the service
• Introduce any viruses, trojans, worms, or other material that is malicious or technologically harmful
• Attempt to gain unauthorized access to any portion of the service
• Use the service for any illegal or unauthorized purpose
• Interfere with any other user's enjoyment of the service

3.2 Client and Freelancer Interactions

Kiwi provides a platform for connecting freelancers with clients. While we facilitate these connections, we are not a party to any agreements between freelancers and clients, nor do we have control over the quality, timing, legality, failure to provide, or any other aspect of the services provided.

All transactions conducted through our platform are subject to our service fees, as outlined in our Fee Schedule. Attempts to circumvent our fee structure by taking transactions off-platform may result in termination of your account.

4. Intellectual Property

4.1 Platform Content

The service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of nammu.ch SNC and its licensors. The service is protected by copyright, trademark, and other laws of both Switzerland and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of nammu.ch SNC.

4.2 User Content

You retain all rights to any content you submit, post, or display on or through the service. By submitting, posting, or displaying content on or through the service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your content in any and all media or distribution methods.

You represent and warrant that you own or have the necessary rights to the content you post on the service, and that the posting of your content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

5. Payments and Fees

5.1 Service Fees

Kiwi charges a 5% service fee on all completed projects. This fee covers payment processing, platform maintenance, and ongoing improvements. There are no hidden fees or monthly charges. You only pay when you get paid.

5.2 Payment Processing

All payments are processed through our secure payment system. Clients pay upfront into an escrow account, and funds are released to freelancers upon project completion or according to predetermined milestones.

By using our service, you agree to pay all fees associated with your use of the service. You are responsible for all applicable taxes, and we are not responsible for withholding any taxes except as required by law.

6. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the service will immediately cease. If you wish to terminate your account, you may simply discontinue using the service or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

7. Limitation of Liability

In no event shall nammu.ch SNC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the service
• Any conduct or content of any third party on the service
• Any content obtained from the service
• Unauthorized access, use, or alteration of your transmissions or content

8. Disclaimer

Your use of the service is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. The service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

nammu.ch SNC, its subsidiaries, affiliates, and its licensors do not warrant that:

• The service will function uninterrupted, secure, or available at any particular time or location
• Any errors or defects will be corrected
• The service is free of viruses or other harmful components
• The results of using the service will meet your requirements

9. Dispute Resolution

In the event of any dispute arising out of or in connection with this agreement, the parties shall attempt to resolve the dispute through friendly consultation.

If the dispute is not resolved within a reasonable period, then any dispute, controversy, or claim arising out of or relating to this agreement, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution in force on the date on which the Notice of Arbitration is submitted.

The number of arbitrators shall be one. The seat of the arbitration shall be Geneva, Switzerland. The arbitral proceedings shall be conducted in English.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

11. Changes 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 try to provide at least 30 days' 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 service after those 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 service.

12. Contact Us

If you have any questions about these Terms, please contact us at: