Terms of Service
These Terms of Service apply to the organisation administrator (you) who creates and manages an organisation account on the Kiwiberry application, and to any of your staff you add to your organisation on Kiwiberry. By creating an account and using Kiwiberry, you agree to these terms on behalf of your organisation.
Please read these terms carefully. If you do not agree, do not create an account or use Kiwiberry.
1. Your Data
Your data belongs to you. Kiwiberry handles and stores it on your behalf and does not claim ownership over any information you upload or enter into the application.
You are responsible for deciding what data is appropriate to upload and store in Kiwiberry.
You can delete your data at any time using the in-app delete features, or by contacting Kiwiberry admin. It is your responsibility to decide when data should be deleted and to action that deletion.
Kiwiberry's use of your data is limited to that which is necessary to provide the services and features available on the application.
Kiwiberry will not share your data to any third party without your permission. You may be deemed to have provided permission if you do so in writing, if you agree to this Terms of Service which allows data sharing in specific situations, or if you enable and use certain features on the application that requires data sharing and you have been informed of such data sharing requirements.
Kiwiberry will not sell your data to any third party.
Kiwiberry staff may access and edit your data when necessary to manage your account, provide technical support, or meet legal obligations.
2. Your Responsibilities
You are responsible for managing who in your organisation has access to Kiwiberry and what level of access they have.
You are responsible for the actions of your staff when they use the application, including that they adhere to these terms of service.
Do not share your personal login credentials with anyone, including other staff in your organisation. Each user should have their own account.
You must be at least 18 years of age and have the authority to agree to these terms on behalf of your organisation.
3. AI Features
Some features in Kiwiberry may use artificial intelligence (AI). You have full control over whether these features are enabled in your organisation.
When you enable AI features, Kiwiberry may send relevant information (such as student notes and attendance records) to third-party AI service providers for analysis. Some of these providers may be located internationally.
Kiwiberry will minimise identifying information sent to AI providers, for example, by avoiding the use of directly identifying data fields such as student names and contact information where possible.
By enabling AI features, you acknowledge and accept that data may be processed by these third-party providers under their own terms of service.
4. Security & Privacy
If you notice a security or privacy issue, such as being able to access data you should not have access to, you must report it to Kiwiberry promptly.
If Kiwiberry becomes aware of a data breach affecting your organisation, Kiwiberry will notify you as required by law.
You agree to notify your own clients or students of any breach as required by applicable law.
5. Acceptable Use
You agree not to use Kiwiberry for any illegal or unauthorised activities.
Prohibited activities include: uploading malicious files or data, misusing data available on the application, attempting to reverse engineer or manipulate the application, accessing data you are not authorised to access, scraping data without permission, and using the application for purposes outside its intended use as a classroom management system.
6. Application Availability
Kiwiberry does not provide a guarantee on the availability and uptime of the application or any specific features it contains.
Features may be added, changed, or removed over time as the application is developed and improved.
7. Liability
Kiwiberry is not liable for any loss of data, security or privacy breaches, system outages, or any indirect or consequential damages to your business or activities, whether caused by you, your staff, other users, Kiwiberry, third-party service providers, other parties, or acts of God.
If Kiwiberry is found liable for any reason, our total liability to you will not exceed the total fees you paid to Kiwiberry in the 12 months prior to the event giving rise to the claim.
8. Account Suspension & Termination
Kiwiberry reserves the right to limit, suspend, or cancel your account at its discretion if it reasonably determines that you have breached these Terms of Service or are likely to cause harm to the application or other users.
If you wish to terminate your subscription, contact Kiwiberry directly.
After your account is closed or terminated, Kiwiberry will retain your data only as long as required by law, after which it will be deleted. You can delete or request deletion of your data at any time before that.
9. Refunds & Cancellations
If you request early termination of your subscription, any refund of prepaid fees is at Kiwiberry's discretion.
Where a refund is granted for a longer-term contract (e.g. an annual subscription), the refund will be calculated as follows: time already used will be billed at the rate of the shortest available subscription term (e.g. monthly rate) before any discounts are applied. Any discount you received on the longer-term contract will be treated as complimentary time added at the tail end of the contract period.
10. Pricing
Kiwiberry may change the pricing of any plan. You will be given at least 30 days' written notice before any price change takes effect, or the change will apply at the end of your current billing cycle, whichever is later.
Continued use of Kiwiberry after a price change takes effect means you accept the new pricing.
11. Changes to These Terms
Kiwiberry may update these Terms of Service at any time. You will be notified of changes by email to your registered email address or by an in-app notice when you log in.
Continuing to use Kiwiberry after being notified of updated terms means you accept the changes.
12. Governing Law & Disputes
These terms are governed by the laws of Victoria, Australia, and you agree to the jurisdiction of the courts of Victoria for any legal matters arising from this agreement.
If a dispute arises, you agree to first contact Kiwiberry directly to give us an opportunity to resolve the issue in good faith.
If the dispute cannot be resolved directly within 30 days, the parties agree to attempt to resolve it through mediation or arbitration before pursuing legal action.
By creating an organisation account on Kiwiberry, you confirm that you have read, understood, and agreed to these Terms of Service.