Terms of service

Kiwipop App Terms of Service

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Last Updated: 02/06/2026

Welcome! Kiwipop, Inc. (“Kiwipop” or “we,” “us,” or “our”) provides products and services (“Services”) that focuses on strengthening your financial health and allows you to track credit cards usage and balances and even make payments. We make our Services available to you through our mobile application (“App”). These Kiwipop App Terms of Service (“Terms”) govern your access to and use of the Services and the App and its Content (as defined below). By accessing or using the App, you understand you are entering into a binding contract with Kiwipop.

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ACCEPTANCE OF THESE TERMS

PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING OR ACCESSING THE APP. BY ACCESSING AND USING THE SERVICE AND APP, YOU ARE ENTERING INTO A BINDING CONTRACT WITH KIWIPOP IN ACCORDANCE WITH THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICE OR THE APP.

UPDATES TO THESE TERMS

WE MAY UPDATE OR MODIFY THESE TERMS FROM TIME TO TIME, BY POSTING A REVISED VERSION OF THESE TERMS ON THE APP, BY PUBLISHING A GENERAL NOTICE OF SUCH CHANGES ON THE APP, OR BY OTHERWISE COMMUNICATING WITH YOU. BY ACCESSING OR USING THE APP AFTER WE HAVE PROVIDED SUCH NOTICE, YOU AGREE TO BE BOUND BY SUCH UPDATES OR MODIFICATIONS.

  1. USE OF THE SERVICE AND APP
    1. Use of the Service and App. You may use the Service via the App so long as you comply with these Terms. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services available on the App for your own personal use and not for any commercial or business purpose. You obtain no other rights in the App except to use them in compliance with these Terms.
    2.  Subscription. We may offer you the opportunity to use certain tier subscription services (“Premium Option”). The actual services and fees for each Premium Option may vary. We reserve the right to change fees related to a Premium Option or discontinue services at any time. You will only be charged fees for which we have received your consent (e.g., checking a box to confirm). Please note that you are responsible for any applicable state, federal, or other taxes associated with your purchase unless noted otherwise and we may collect all applicable sales taxes. You agree to pay all fees to which you have consented for the billing period in which the premium package has been provided.
    3. Beta Services. 

We may offer you the opportunity to use certain      beta services (“Beta Services”). We reserve the right to offer Beta Services to you for free or to charge you fees to access and use the Beta Services including, without limitation access to a Premium Option. Regardless of whether we charge for Beta Services, you understand and acknowledge that the Beta Services are being provided on an “As Is” or “As Available” basis. The Beta Services may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, we are not obligated to provide any maintenance, technical, or other support for the Beta Services.

  1. Eligibility. The App is only for use by persons over the age of 18. You may not use the App if you have been previously suspended or removed from the App by Kiwipop. By using the App, you affirm that you are at least 18 years of age. 
  2. Accessing the App. Access to and use of the App may require access to the Internet. You are responsible for providing all equipment and services necessary to establish a connection to the Internet and otherwise necessary to access and use the App, along with any telephone, wireless, data, or other connection and services fees associated with such connection. The way content is delivered to your mobile phone or wireless device may cause you to incur extra data, text messaging or other charges from your wireless carrier, which are your sole responsibility.
  3. No Real-Time Data. While your information available on the App is updated as new data becomes available, it is not real-time data. For example, a credit card balance on the App may be more or less than the amount reflected on your account with the credit card provider. Kiwipop is not responsible for costs or fees that might be incurred by use due to inaccuracies of data reported in the App.
  4. Privacy. For information regarding how we collect, use, and disclose information that alone or in combination identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a natural person (“Personal Information”) in connection with providing the Services or the App, please see our Privacy Policy, located at https://www.kiwipop.co/privacy     . 
  1. USE RESTRICTIONS
    1. Restrictions. You are prohibited from using the App in any of the following ways:
      1. copy, modify or make derivatives or improvements of the App, Content or any other documentation that Kiwipop makes available when you use the App;
      2. use the App to deploy malware, interfere with the operation of the App, or otherwise bypass, breach or disable any usage limit, security device, copy control or digital rights management tool, or other protection used in connection with the App and its Content; 
      3. disassemble, reverse engineer, decompile, translate, or attempt to reconstruct or discover any source code or underlying ideas, algorithms, file formats or programming or interoperability interfaces of the App;
      4. sell, assign, transfer, sublicense, lease, pledge, distribute, rent, or otherwise share your rights under these Terms, or include any portion of the App in a service bureau or outsourcing offering; 
      5. modify, obscure, or remove any product identification or proprietary notices connected to the App, including any Content; 
      6. access or use the App or Content for the purposes of benchmarking or competitive analysis, or developing any product or service competitive to Kiwipop; or 
      7. use the App or its Content in violation of any applicable law, regulation, rule, or these Terms. 
    2. Our Rights. We may disqualify you from future participation, forfeit all of your Coins (as defined below), and we may cancel or suspend your redemption of Coins if we believe that you have violated the use restrictions in Section 2.1 or these Terms. We have the right to take any of the following actions in our sole discretion without providing any prior notice to you and without liability to you or any third party:
      1. change or terminate all or any part of the App or the Content;
      2. restrict or terminate your account or ability to use all or any part of the App or the Content;
      3. refuse, move, or remove anything that is available on or through the App, including the Content; or
      4. deny access to or the ability to use the App to anyone at any time in our sole and absolute discretion.
  2. ACCOUNTS 
    1. Registration. You will be required to create an account to use the App. When establishing your account, you agree to provide (and update as necessary) true, accurate, current, and complete information. If messages sent to the e-mail address you provide are returned as undeliverable, then we may terminate your account, and the information you have submitted to the App may no longer be available to you.
    2. Canceling Your Account. You may cancel your account by contacting us at hello@kiwipop.co or from within the Kiwipop App. If you cancel your account, you will immediately forfeit all Coins and will lose your ability to earn new Coins. To begin earning Coins again, you must register a new account.
    3. Account Security and Responsibility. Once you complete account registration, you are responsible for maintaining the confidentiality of your password and account. You may not share your password or account with another person. You are responsible for all activities that occur under your account. If you lose your password or become aware of access to your account other than by you, you agree to notify us immediately. If we believe that your account has been compromised, we may require you to update your password. We may also investigate any perceived misuse of your account, refer matters to law enforcement, and take other legal action. We reserve our right to cancel, suspend, or limit the use of your account in our sole discretion. We are not liable to you or any third party for any unauthorized use of your account, including, without limitation, any damage that results from any compromise or theft from your account, including theft of your Coins.
    4. Support. We have no obligation under these Terms to provide support, maintenance, upgrades, modifications, or new releases of the App or to update the Content. 
  3. REWARD COINS. 
    1. Earning Rewards. Kiwipop was designed to encourage its users to build healthy financial habits. As your habits progress (e.g. timely credit card payments) or as you engage in specific activities in the App we will issue reward Coins (“Coins”). Coins are and remain at all times the property of Kiwipop and do not constitute your personal property. Coins have no cash or other intrinsic value and cannot be redeemed for cash or anything else. Kiwipop may permit Coins to be redeemed through eligible offers from our third-party partners (“Third-Party Offer(s)”). Your Coins are not transferrable to any other users or to any third-party except as expressly provided for in these Terms. 
    2. Third-Party Offers. We may offer you the opportunity to redeem your Coins through a Third-Party Offer and, if we do make such an offer and if you accept, you will be subject to such third party’s terms and conditions and privacy policy. The Third Party Offers may vary by region. Kiwipop or our third-party partners may discontinue certain offers at any time for any reason. We are not a party to any Third-Party Offers that you accept. Kiwipop has no control over the conduct of third party offers in the App, and we are not responsible to you for any disputes or misrepresentations you may have in connection with the Third-Party Offers. However, if you experience any issues with redeeming rewards or have any disputes in connection with your Third-Party Offers which you cannot resolve with that third-party, please contact us at hello@kiwipop.co.  
  4. OPEN BANKING
    1. Open Banking Partners. We take part in “Open Banking,” in which your banks, credit card companies or financial institutions provide us with your banking, credit card and financial information through certain third-party services, with your permission. Open Banking helps us provide you with access to your financial information, such as your bill paying activity. As part of setting up your account, we will request your permission to access your bank and other financial accounts (each, a “Funding Source”) and credit cards (each, a “Credit Card” and collectively with each Funding Source, “Linked Accounts”) using our Open Banking provider, Plaid. In order to use certain important features of the App, you must accept and agree to Plaid’s terms of use. For more information, please see Plaid’s End User Services Agreement and Privacy Policy. 
    2. Limited Power of Attorney. By using the App, you expressly authorize Kiwipop and its third-party service providers, including Plaid, to access your financial account information maintained by the third parties identified in Section 5.1 (Open Banking Partners), on your behalf as your agent. If required, Kiwipop will submit information, including log-in credentials, that you provide to log into the App. You hereby authorize and permit Kiwipop to use and store information submitted by you to accomplish the foregoing and to configure the App so that they are compatible with the third-party services for which you submit your personal information. For purposes of these Terms and solely to provide the financial account information to you as part of the App, you grant Kiwipop a limited power of attorney, and appoint Kiwipop as your attorney-in-fact and agent, to access third-party sites or services, and to retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You agree that when Kiwipop is accessing and retrieving account information from third-party sites or services, Kiwipop and its third-party service providers are acting as your agent, and not on behalf of the third party that operates the third-party site or service. Notwithstanding the foregoing, Kiwipop does not review your financial information from your Linked Accounts for accuracy and is not responsible for any losses or problems resulting from the account information provided through the App, including any error or inaccuracy. 
  5. BILL PAYMENT; LIMITATIONS; RECOVERY.
    1. Bill Payment. The Service allows you to facilitate Credit Card payments from any designated Funding Source tied to your account directly from the App. The actual payments, deadlines for payment requests and processing payments, and charges, if any, are subject to the terms and conditions set by the designated Funding Source and the payment destination financial institution are not in the control of Kiwipop. You may incur late fees to your Credit Card(s) if you do not abide by the terms and conditions set by your Funding Source and payment destination financial institution with respect to funds availability and timing to process payments. Notwithstanding the foregoing, Kiwipop may, at its sole option, may facilitate the Credit Card payment on your behalf. In connection with your use of the App, you authorize and direct us to initiate an Electronic Fund Transfer from the Funding Source for each Credit Card payment you request via the App on or after the scheduled payment date. For additional clarification, each Electronic Fund Transfer request you make applies solely to the corresponding Credit Card payment; provided, however, that if any EFT is returned unpaid, you agree that we may re-initiate that Electronic Fund Transfer up to two (2) additional times at any time we deem appropriate under the same authorization.
    2. Limitations. Kiwipop may limit how many payments you can initiate from your account and/or the amount of funds you can allocate in a single transaction. We reserve the right to delay or further limit such transfers at our discretion to protect us or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. We also may defer or redirect payout or restrict access to your funds as necessary to comply with applicable law, subpoena or court order, or if requested by any governmental entity. You will remain liable for all obligations related to your account even after the account is closed.
    3. Payment Authorization; Recovery. To the extent a Credit Card payment is made but the balance in your account at the designated Funding Source associated with the Credit Card payment is negative for any reason (“Negative Balance”), such Negative Balance represents an amount that you owe to Kiwipop. In any such instance, you give us express permission to recover amounts you owe us, including any Negative Balance, by (1) setting off against debiting funds available in your account or any other account you may have with us or (2) debiting or charging any Linked Accounts.       

In addition to any other authorization provided for herein, you authorize Kiwipop to initiate an electronic payment from any Funding Source for any amount you owe under these Terms, including but not limited to amounts due following a default, or to otherwise recover funds from you in accordance with these Terms, including if you owe amounts to us or for reason of fraud or illegal activity (“Payment Authorization”). Your Payment Authorization is irrevocable and will remain in full force and effect until the later of closure or termination of your account, or the disbursement of all funds held on your behalf. Further, in the event that any attempt to recover funds from you should fail, your authorizations hereunder include your grant to Kiwipop of new, original authorizations to recover all or less than all of the amount you owe us or belong to us. You authorize Kiwipop to take the above steps without prior notice to you and irrespective of (i) whether we have made demand under these Terms or any other agreement you have with us; and (ii) whether the obligation is contingent, matured or unmatured. Your authorization hereunder includes all authorizations to take the above steps in complete compliance with the Network Rules and the Automated Clearing House Electronic Payment Association ("NACHA") rules. Each time you initiate a Credit Card payment through the App you expressly consent to the recovery terms provided for herein, including the debiting and charging of any Linked Accounts. You agree that your grant of the authorizations hereunder has the same legal effect as if you had signed a paper containing the same terms. 

Finally, to the extent we make an error in processing any Electronic Fund Transfer, you authorize us to correct the error by initiating an electronic fund transfer to or from the Funding Source. You are liable for any amounts your bank charges as a result of an Electronic Fund Transfer we initiate.

  1. THIRD-PARTY PROVIDERS. The Services include links to third-party products, services, and websites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your information and Personal information (collectively, your “User Information”) to third parties not under our control (each, a “Third-Party Provider”). The App may display, include, or make available third-party content (including data, information, applications, and other products, services, or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”) from Third-Party Providers. You acknowledge and agree that Kiwipop is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Kiwipop does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you. The inclusion of any Third-Party Materials and links does not imply recommendation, approval, or endorsement by Kiwipop, and your access and use of them is entirely at your own risk and subject to such third parties’ terms and conditions. Linked sites are not under the control of Kiwipop, and Kiwipop is not responsible for the contents of any linked site. By using a tool that allows for your User Information to be transferred, you agree that we may transfer the applicable User Information or other information to the applicable third-parties, which are not under our control. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. We are not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties. Current Third-Party Providers include MoneyLion Inc. (see, MoneyLion’s Terms of Service and Privacy Policy), Engine by MoneyLion (see, Terms of Service and Privacy Policy), Plaid (see, Plaid’s Terms of Use and Privacy Policy), and Self Credit LLC (see, Self’s Terms of Service and Privacy Policy). When connected to any Third-Party Provider you must agree to such party’s terms of use. 
  2. Certain Third-Party Services.
    1. As part of the Services, you may be connected to a party that provides services such as loan consolidation, access to loans, and credit cards. Additionally, if you indicate your interest in contacting (or being contacted by) a Third-Party Provider, you authorize us to provide the information you submit to us to the Third-Party Provider. If you include your name, contact information and other information in a request, your identity will no longer be anonymous to the Third-Party Provider. Your submission of information and any request for quotes or other information through the Services is not a request for service (e.g., use of the Services to review potential credit card opportunities is not an application for credit) or any approval terms, if any, all of which are subject to the controls and standards established and maintained solely by individual Third-Party Providers. Information provided with respect to any Third-Party Provider is for informational purposes only and any examples showing potential interest savings or lower loan fees are provided are illustrative in nature of what a new interest rate or loan fees may be, but do not include other factors such as calculating using simple interest assumptions without accounting for payments, fees, or compounding, and actual results will vary.
    2. You should rely on your own judgment in deciding which available services (e.g., loan consolidation service, loan product, credit card, terms, etc.) and which Third-Party Provider best suit your individual needs and financial goals and objectives.  In connection with our marketing efforts by any means that connects you to a Third-Party Provider, we may, subject to applicable law, receive a financial or other benefit from the referral between such Third-Party Provider. 
    3. Kiwipop: (i) is not a loan originator, loan processor or underwriter; (ii) does not provide assistance in obtaining loans, loan consolidation or credit cards; (iii) does not guarantee offer of, or acceptance into, any particular loan program, specific loan terms, credit card, etc. with any Third-Party Provider, or that any rates or terms will be the best available; (iv) is not an agent of either any you or any Third-Party Provider; (v) do not endorse, refer, or recommend any Third-Party Provider that pays us; (vi) is not responsible for any errors or delays caused by any Third-Party Provider; and (vii) does not guarantee offer of, or acceptance into, any particular loan program or specific loan terms, conditions, or rates with any Third-Party Provider, or that any rates or terms will be the best available.
  3. OWNERSHIP AND LICENSE
    1. Ownership of the App. We own or have the right to provide you with access to and use of the App and its Content. The App includes: (i) all software and code that comprise and operate the App, and (ii) all materials we provide through the App, including any advertisements, text, photographs, illustrations, images, graphics, audio, video, and URLs (“Content”). The App is protected by and subject to certain copyright, trademark, service mark, patent, or trade secret laws (“Intellectual Property Rights”). 
    2. User Content. 
    3. Feedback. We appreciate your ideas, suggestions, proposals, and other feedback about the App (“Feedback”). By submitting Feedback to us, you agree that: (i) you will not include any confidential, proprietary information or sensitive personal information in any of your Feedback; (ii) we are not under any obligation of confidentiality, express or implied, with respect to any; (iii) we are entitled to disclose and use Feedback for any purpose and in any way; and (iv) you are not entitled to any compensation or reimbursement of any kind for our use of the Feedback.
    4. Deidentified Data. You understand that we may aggregate or deidentify any personal information or other data to which we have access in order to provide the App and the Service. This de-identified data may include, without limitation, your financial transaction information when you connect your bank, credit card and other financial accounts. We own all deidentified data and may use such data as permitted by law. We will not re-identify any personal information collected through your use of the App. 
  4. TERMINATION 
    1. Right to Terminate. We reserve the right, with or without notice and in our sole discretion, to terminate these Terms, your account, and your ability to access or use the App for any reason, including, without limitation, (i) if we believe that you have violated or acted inconsistently with the Terms, (ii) in the case of any activity by you that may harm us or other users, including, but not limited to, fraud, abuse of privileges, or misuse of the App, or (iii) the cost associated with maintaining your account. You agree that we will not be liable to you or any third party for any such termination.
    2. Effect of Termination. Upon expiration or earlier termination of these Terms, all rights granted to you under these Terms will terminate and you shall immediately discontinue use of the App. 
  5. DISCLAIMERS AND LIMITATION OF LIABILITY
    1. The App Is Not a Substitute for Professional Advice. While the App is designed to help users learn more about personal financial health, it is for informational and personal uses only. We are not providing financial, tax, accounting, banking, financial, legal, or any other professional advice. We make no representations that use of the App will lead to any specific financial benefits or results. The App is not a substitute for seeking professional financial advice. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the App or your use of the App. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information or other content available through the App. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information or other content within the App.
    2. Disclaimers. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITH ALL FAULTS AND WITHOUT ANY CONDITION OR WARRANTY, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING NO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP, OR ANY OF THE RECOMMENDATIONS OR RESULTS FROM THE USE THEREOF, WILL MEET YOUR, OR ANY THIRD PARTY’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE WITH ANY SOFTWARE, SYSTEMS, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, OR FREE OF HARMFUL CODE. WE EXPRESSLY DISCLAIM THAT THE APP WILL BE WITHOUT ERROR OR INVULNERABLE TO A CYBERATTACK, DATA SECURITY INCIDENT, VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE. WE DO NOT REPRESENT THAT ANY DATA, COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER INFORMATION THAT WE COLLECT, STORE, OR TRANSMIT IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE APP WILL NEVER BE ERRONEOUSLY DELETED OR MISDELIVERED. YOUR ACCESS TO AND USE OF THE APP, DOWNLOAD OF ANY SOFTWARE RELATING TO THE APP AND USE OF ANY INFORMATION WE MAY PROVIDE, OR RESULTS GENERATED, THROUGH OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE APP ARE AT YOUR SOLE OPTION, DISCRETION AND RISK. 
    3. Your Liability; Indemnification.
      1. YOU AGREE THAT YOU WILL ONLY ACCESS AND USE THE SERVICE VIA THE APP IN ACCORDANCE WITH THESE TERMS. YOU WILL COMPENSATE KIWIPOP IN FULL FOR ANY LOSSES OR COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) FOR WHICH KIWIPOP (OR ANY OF KIWIPOP’S SUBSIDIARIES OR AFFILIATED COMPANIES) INCUR ARISING FROM ANY BREACH BY YOU OF THESE TERMS. 
      2. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD KIWIPOP, ITS SUBSIDIARIES AND AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (THE “RELEASED PARTIES”) HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE APP, YOUR CONNECTION TO THE APP, YOUR VIOLATION OF THESE TERMS, YOUR VIOLATION OF APPLICABLE LAWS OR YOUR VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PERSON OR ENTITY.
      3. The Released Parties reserve the right to seek all remedies available at law and in equity for your violation of these Terms, including, without limitation, the right to block access from a particular Internet address to the App and report misuses to law enforcement.
    4. Limitation of Our Liability.
      1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO YOUR ACCESS TO AND USE OF THE APP OR THE SUBJECT MATTER OF THESE TERMS SHALL NOT EXCEED $100.00.
      2. IN NO EVENT WILL KIWIPOP, ITS AFFILIATED COMPANIES, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF THE APP OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS TO OR USE OF THE APP.
      3. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR KIWIPOP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
      4. SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
  6. APPLICABLE LAW, VENUE, AND LIMITATIONS. You agree that these Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, United States of America, without regard to its conflicts of law provisions. Venue for any dispute arising under these Terms is exclusively in the state or federal courts located in Dane County, Wisconsin, and you expressly agree to the jurisdiction of those courts. Any cause of action or other claim with respect to the App or Services must be commenced within one year after the cause of action or claim arises. Use of the App or Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms. 
  7. Electronic Payments Disclosures. 
    1. Electronic Payments. Your use of the Services will include your consent and authorization for Kiwipop to process and originate electronic ACH debits. Kiwipop is not a money transmitter or a money services business. Kiwipop’s role in providing the Services are limited to receiving and processing payment instructions from you, for Credit Card payments you make or otherwise authorize using the Services. Legal ownership of any payments do not pass into Kiwipop’s legal ownership. Kiwipop operates as a software platform that facilitates payment instructions to the Funding Source. 
    2. ACH Rules. Applicable Rules and Law. You agree that all requests made via the App in connection with the use of our Services are requests for electronic ACH transactions and are subject to the rules promulgated by NACHA (“NACHA Rules”), by the Funding Source, and all other applicable laws, rules and regulations, which may include Uniform Commercial Code Article 4A or Regulation E. For purposes of ACH debits, and all electronic payments made or received through the Services, you agree and represent that: 
  • You understand and agree that all payments processed through the Services are funded by an electronic withdrawal (each, an “ACH debit” as defined by NACHA) processed for Kiwipop through the ACH Network from the Funding Source; 
  • Each      payment that you request through the Service complies with these Terms and applicable law, regulations and rules.
  • You agree that the Funding Source may direct Kiwipop terminate or suspend your access to the App or use of the Services for breach of the NACHA Rules in a manner that permits the ODFI to comply with the NACHA Rules. You authorize your Funding Source to audit your compliance with the NACHA Rules; and
  • Kiwipop may reject any ACH transaction at any time, either with or without cause. You have no right to cancel or amend an ACH transaction after we have initiated it; provided, we (i) may use commercially reasonable efforts to act on a request by you for cancellation of an entry prior to transmitting it to the Funding Source, and (ii) shall have no liability if any requested cancellations or reversals are not affected. 
  1. Payment Cancellation. You understand and agree that when you authorize a Credit Card payment to be made through the Service, your authorization remains in effect for up to thirty (30) days. Payments that are scheduled but have not yet begun to be processed may be cancelled and, if a change is needed, reissued, through your Kiwipop account. Once Kiwipop has begun to process a payment, the payment cannot be cancelled, and you must request to void the payment.
  2. Void Payment Requests. To stop a payment after it has begun to process, you must request to void the payment by sending us an email to hello@kiwipop.co. If you submit a Void Payment Request, Kiwipop will use commercially reasonable efforts to stop the payment, but you understand and agree that Kiwipop may not be able to stop the payment. Kiwipop’s ability to stop a payment depends on a number of factors. You agree that Kiwipop will not have any liability for failing to stop a payment that has begun to process. A Void Payment Request may be subject to a fee.
  3. Your rights and obligations concerning an ACH credit entry to your account at a Funding Source are governed by and construed in accordance with the laws of the state designated by such Funding Source; any credit given by the Funding Source is provisional until the Funding Source has received final settlement through a Federal Reserve Bank or otherwise has received payment as provided for in Section 4A-403(a) of Article 4A; and if the Funding Source does not receive such payment for the credit entry, the Funding Source may be entitled to a refund from you in the amount of the credit issued to your account. Kiwipop is not responsible for any penalties, interest charges, late payment fees and service fees related to any ACH credit for which the Funding Source does not receive payment for the credit entry.
  4. Returns and Maintaining Sufficient Funds. When using the Services, you understand and agree that it may take more than sixty (60) days for Kiwipop to receive notice of the return or reversal of an ACH debit and/or to exercise any rights granted or reserved under these Terms. You agree at all times to maintain sufficient funds in your Funding Source to satisfy all obligations to Kiwipop in connection with your use of the App and the Services, including returns, reversals, and associated fees, and to add funds immediately if you are notified by us or your Credit Card that your funds are insufficient.
  5. Ownership of Funds Collected for Payment. In the event that Kiwipop facilitates or otherwise processes an ACH debit to fund a Credit Card payment before Kiwipop makes the associated bill payment disbursement, the funds collected through the ACH debit will be held in an FBO account. These funds may be commingled with other funds similarly collected for purposes of making payments requested through the Service.
  1. Consumer Regulation E Disclosure with respect to Electronic Fund Transfers

YOUR RIGHTS AND RESPONSIBILITIES

The Electronic Fund Transfers we are capable of handling for consumers are indicated below, some of which may not apply to you. Please read this disclosure carefully because it tells you your rights and obligations for these transactions. You should keep this notice for future reference.   

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NOTE: The disclosures and procedures provided herein are independent of the obligations you have with and from your Funding Source. You are advised to contact your Funding Source directly to the extent you have any issues with respect to electronic fund transfers or any other issues with respect to your account at a Funding Source. Kiwipop takes no responsibility to communicate with your Funding Source on any issues that may arise with respect to the disclosures provided for herein. 

TYPES OF TRANSFERS, FREQUENCY AND DOLLAR LIMITATIONS

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(a)  Transfers via the App.

You may access our Services via the App in order to make Credit Card payments from a Funding Source.

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(b) Electronic Fund Transfers Initiated by Third Parties.

You authorize Kiwipop to initiate electronic fund transfers between your Funding Source account to make Credit Card payments that you designated via the App. These transfers to make Credit Card payments are one-time occurrences. These transfers may use the Automated Clearing House (ACH) or other payments network. Your authorization will occur concurrently with each request to make a Credit Card payment. 

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FEES

     We may charge for Electronic Fund Transfers. Our fee schedule is available here. 

DOCUMENTATION 

You have access via the App to the last fifty (50) transactions. You may also request additional transactions via email to: hello@kiwipop.co. We store records of your authorization to make Credit Card Payments as well as the records themselves for twenty-four (24) months, or longer if required by law. Additionally, you also have access to your banking records at your Funding Source. 

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OUR LIABILITY PURSUANT TO REGULATION E

     Liability for failure to make transfers. In general, we will be liable for your losses or damages associated with making timely payments from your Funding Source. However, there are some exceptions. We will NOT be liable, for instance:

  • If, through no fault of ours, you do not initiate an Electronic Fund Transfer from the Funding Source for a Credit Card payment with sufficient time to make a scheduled payment date.
  • If, through no fault of ours, you do not have enough money in your account to make the transfer.
  • If the transfer would go over the credit limit on your overdraft line (if applicable)
  • If circumstances beyond our control (e.g., fire, flood, earthquake, etc.) prevent the transfer, despite reasonable precautions that we have taken.
  • If a legal order directs us to prohibit withdrawals from the account at a Funding Source.
  • If you, or anyone you allow, commits any fraud or violates any law or regulations.
  • There may be other exceptions stated in our agreement with you or with your Funding Source.

CONFIDENTIALITY

We will disclose information to third parties about your account or the transfers you make:

  1. Where it is necessary for completing transfers; or
  2. In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
  3. In order to comply with government agency or court orders; or
  4. If you give us written permission
  5. As explained in the separate Privacy Policy.

UNAUTHORIZED TRANSFERS

(a) Consumer Liability.

Tell us at once if you believe your user identification and/ or password to the App (“User Credentials”) has been lost or stolen. You could lose all the money in your account. If you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50 if someone used your User Credentials without your permission. Also, if you do NOT tell us within 2 business days after you learn of the loss or theft of your User Credentials, and we can prove we could have stopped someone from using User Credentials without your permission if you had told us, you could lose as much as $500. Also, if your statement from your Funding Source shows transfers that you did not make, tell us at once and your Funding Source. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend that time period.

(b) Contact in event of unauthorized transfer. If you believe your User Credentials have been lost or stolen or that someone has transferred or may transfer money from your account at a Funding Source without your permission, write us at the email address listed at the end of this disclosure.

ERROR RESOLUTION NOTICE

In Case of Errors or Questions about Your Electronic Transfers, write us at the address listed below, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

(1) Tell us your name and account number (if any).

(2) Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.

(3) Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days under certain circumstances) to investigate your complaint or question.  We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

  1. Electronic Signature Consent

By downloading the App and otherwise using the App and our Services, you are signing these Terms electronically. You agree your electronic signature is the legal equivalent of your manual signature on these Terms. By downloading the App and otherwise using the App and our Services, you consent to be legally bound by these Terms. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Kiwipop, or in accessing or making any transaction regarding any agreement, acknowledgment, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Kiwipop. You also represent that you are authorized to enter into these and will be bound by the terms contained herein. You further agree that each use of your E-Signature in connection with any Credit Card Payments from a Funding Source constitutes your agreement to be bound by the terms and conditions of these Terms of and Kiwipop’s Privacy Policy as they exist on the date of your E-Signature.

Consent to Electronic Delivery

You specifically agree to receive and/or obtain "Electronic Communications” from Kiwipop. The term "Electronic Communications" includes, but is not limited to, any and all current and future notices and/or disclosures that various federal and/or state laws or regulations require that we provide to you, as well as such other documents, statements, data, records and any other communications regarding your relationship with Kiwipop. You acknowledge that, for your records, you are able to retain this Electronic Communications by printing and/or downloading and saving these Terms and any other agreements and Electronic Communications, documents, or records that you agree to using your E-Signature. You accept Electronic Communications provided via the App as reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep.

Paper version of Electronic Communications

You may request a paper version of an Electronic Communication. You acknowledge that the Company reserves the right to charge you a reasonable fee for the production and mailing of paper versions of Electronic Communications. To request a paper copy of an Electronic Communication contact us at hello@kiwipop.co.

Revocation of Electronic Delivery

You have the right to withdraw your consent to receive/obtain communications via the App at any time. You acknowledge that the Company reserves the right to restrict or terminate your access to the App and our Services if you withdraw your consent to receive Electronic Communications. If you wish to withdraw your consent, contact us at hello@kiwipop.co.

Valid and current email address, notification and updates

Your current valid email address is required in order for you to obtain Electronic Communications from Kiwipop. You agree to keep the Company informed of any changes in your email address. You may modify your email address through the App. Kiwipop may notify you through email when an Electronic Communication or updated agreement pertaining to your use of the App and our Services is available.

Hardware, Software and Operating System

You are responsible for installation, maintenance, and operation of the App and any related software. Kiwipop is not responsible for (i) errors or failures from any malfunction of your computer, browser or software, or (ii) computer viruses or related problems associated with use of an online system.

  1. SPECIAL TERMS FOR APPS DISTRIBUTED THROUGH THE APPLE APP STORE OR GOOGLE PLAY
    1. Acknowledgement. The App may be available through the Apple App Store or Google Play. You understand that these Terms are between you and Kiwipop, and not with Apple Inc. or Google, Inc. (each an “App Distributor”). Kiwipop, not an App Distributor, is solely responsible for the App and its Content. In the event that the rules and restrictions in these Terms related to your use of the App conflict with the terms and conditions provided by the applicable App Distributor, the App Distributor’s terms shall control.
    2. Scope of License. The licenses granted to you for the App in these Terms are solely for use by you on a device that utilizes the Apple iOS or Android operating system, in accordance with the applicable App Distributor’s terms and conditions. 
    3. Maintenance and Support. Kiwipop is solely responsible for providing any App maintenance and you agree that the App Distributor has no obligation to furnish any App maintenance and support.
    4. Warranty. Kiwipop is solely responsible for any product warranties, whether express or implied by law, to the extent not disclaimed in these Terms. In the event the App fails to conform to any applicable warranty, you may notify the App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App. To the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Kiwipop’s sole responsibility.
    5. Product Claims. You and Kiwipop acknowledge that Kiwipop, not an App Distributor, is responsible for addressing any claims that you or any third party have relating to the App, including any (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) any claim arising under consumer protection, privacy, or similar legislation.
    6. Intellectual Property Rights. Kiwipop, not the App Distributor, will be solely responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claims related to the use of the App and you must comply with applicable App Distributor terms when using the App.
    7. Third-Party Beneficiary. You agree that the App Distributors, and their subsidiaries, are third party beneficiaries to these Terms as applicable to the App, and that, upon your acceptance of these Terms, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms (as applicable) against you as a third-party beneficiary thereof.
  2. MISCELLANEOUS
    1. Conflicts. In the event of any inconsistency or discrepancy between these Terms or other statements contained in any related materials or advertising, including third-party offers, these terms prevail, govern, and control.
    2. Governing Law and Forum. These Terms will be governed by the laws of the State of Wisconsin without giving effect to its conflicts of laws principles. Unless prohibited by applicable law, all claims or disputes arising from or relating in any way to the subject matter of these Terms or your access to or use of the App must be brought exclusively in the United States District Court for the Western District of Wisconsin or the courts of the State of Wisconsin with jurisdiction over Dane County, Wisconsin, as appropriate. Unless prohibited by applicable law, you agree to submit to the personal jurisdiction of each of these courts for the purpose of resolving such claims or disputes. 
    3. Compliance with Applicable Laws. You shall comply with all applicable federal, state, and local laws, rules and regulations when accessing or using the App. Without limiting the foregoing, by accessing or using the App, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. If you access or use the App outside the United States, you are solely responsible for ensuring that your access to and use of the App outside the United States does not violate any applicable laws. We reserve the right to, in our sole discretion, monitor where users who access or use the App are located, and the right, but not the obligation, to block or otherwise restrict access to or use of the App, in whole or in part, from any geographic location.
    4. Waiver of Trial by Jury. YOU, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY, UNCONDITIONALLY, AND INTENTIONALLY WAIVES YOUR RIGHT TO A TRIAL BY JURY IN ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS.
    5. Waiver and Cumulative Remedies. No failure or delay by you or us in exercising any right under these Terms shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies you or we have at law or in equity.
    6. Survival. The provisions of these Terms which by their nature are intended to survive the termination or cancellation of these Terms shall continue as valid and enforceable obligations notwithstanding any such termination or cancellation. 
    7. Severability. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, any warranty disclaimers and limitations of liability set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
    8. Electronic Communications. The communications between you and Kiwipop use electronic means. For contractual purposes, you: (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically, satisfy any legal requirement that such communications would satisfy if they were provided in a hardcopy writing. The foregoing does not affect your non-waivable rights.
    9. Assignment. We reserve the right to transfer, assign, or sublicense the App, in whole or in part, to any person without notice to you, provided that any such assignment will be on the same terms or terms that are not less advantageous to you. You may not assign, sublicense, pledge, or otherwise transfer in any manner whatsoever any of your rights or obligations under these Terms.
  3. CONTACT US

If you have any questions concerning these Terms, please contact us by email at hello@kiwipop.co or by mail at 6666 Odana Road #224, Madison, WI, 53719.

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