Terms of Service for Kiwi Subscription

1. Introduction

Welcome to Kiwikiwi and Kiwi Subscription, a service provided by Aisen & Adison AB ("we", "us", "our"). By using our design and frontend development services ("the Services"), you agree to these Terms of Service ("Terms"). Please read the Terms carefully before proceeding.

2. Subscription Services

Kiwikiwi offers design and frontend development services on a subscription basis. Our services include various offerings as described in detail on our website.

3. User Account

To access our services, you may need to create a user account. Upon your first payment, you will receive login information and/or invitations to the services we use to manage the subscription. You are responsible for keeping your account information confidential and for all activities that occur under your account.

4. Payment, Billing, Cancellation, and Refund

4.1 Subscription Fees

Fees for our subscription services are billed on a recurring basis. We bill you in advance for the use of the service.

4.2 Payment Processor

We accept payments through Stripe, our payment processor. You must provide a valid payment method to use our services.

4.3 Cancellation and Refund

Within the first 30 days of the initial subscription period, the customer has the option to cancel the subscription and receive a pro-rata refund for the remaining part of the 30-day period. After this 30-day period, and for all subsequent subscription periods, the customer may cancel the subscription in the usual manner without a refund. Refunds are processed by Stripe.

Tasks

5.1 What is a Task?

A task is a design or frontend development task that the customer can request from us by submitting a task description. This may include creating new design, modifying or adjusting existing design, frontend programming work, revising frontend code, or other tasks of similar nature and complexity.

5.2 Scope of Task

The scope of an individual task is limited to what can reasonably be completed within two working days. A task can be a component of a larger project or a more extensive task. If we determine that the size and complexity of a task exceed what can be completed within a 48-hour period, we will suggest that the customer breaks down the task into smaller, more manageable parts.

5.3 Task Delivery

We commit to delivering each task within 48 hours after receiving an approved task description from the customer. This 48-hour period applies only to weekdays and excludes weekends and Swedish public holidays. The customer is responsible for providing clear instructions, wishes, and necessary specifications for the task. If the task is not adequately described, we reserve the right to make our own creative interpretation or to request further information and clarifications from the customer.

5.4 Task Description

The customer is responsible for providing a detailed and clear task description for each task. The task description must contain sufficient information for us to successfully perform the task. The task description can be in the form of text, images, links, screenshots, sketches, mockups, wireframes, videos, or other types of material that can help us understand the task. The task description may include instructions, wishes, requirements, and specifications for the task.

5.5 Revisions

The customer is entitled to an unlimited number of revisions for each task as part of the ongoing subscription. A revision is a request for modification of a task that has already been delivered. A revision has the same limitations as a task according to 5.1, 5.2, 5.3, and 5.4. Each new requested revision implies a new 48-hour delivery period.

5.6 Customer's Responsibility

The customer has the full responsibility to effectively manage their task backlog and tasks that are currently in progress. This means that the customer should actively approve completed tasks, request revisions when necessary, and initiate new tasks. Effective management and communication from the customer's side are crucial for a smooth and successful work process.

5.7 Start of Delivery Period

The 48-hour delivery period begins immediately when we receive a task with a task description from the customer, and the task has been activated as an active task by the customer. If we find that the task description does not meet the requirements specified in sections 5.2 and 5.4, we reserve the right to ask for additional information or clarifications. In these cases, the delivery period starts when an approved task description has been received from the customer.

5.8 Interruption, Moving, and Reprioritization of Task

The customer can at any time cancel an ongoing task. The customer can also at any time move an ongoing, active, task back to the backlog, thereby pausing the task. With each change in the status of an ongoing task, we reserve the right to restart the 48-hour delivery period.

6. Subscription Pause Feature

Customers have the option to pause their subscription at any time by contacting us or using the pause feature in our payment processor, Stripe. When the subscription is paused, the remaining days of the current subscription period will be preserved and can be used at a later date. A paused subscription can remain in this state for a maximum of one (1) year. After this time interval, if the subscription has not been resumed, the saved subscription days are considered forfeited. There is only the possibility for one (1) pause and one (1) resumption of the subscription per 30-day period.

7. Transfer of Ownership and Copyright

Upon successful completion and delivery of design or development work under this subscription service, all ownership rights and copyrights for the delivered materials are transferred to the customer. This transfer means that the customer acquires exclusive rights to use, modify, distribute, sell, and display the material for all purposes, without restrictions. The customer acknowledges that upon transfer, Aisen & Adison AB relinquishes all legal claims to originality, use, and distribution of these materials, effectively giving the customer full ownership and creative control. It should be noted that this transfer does not include any existing intellectual property belonging to Aisen & Adison AB or third parties, which may have been used or incorporated into the finally delivered materials.

8. Our Right to Changes in Service and Terms

We reserve the right to make changes to our subscription services and these terms as necessary. All such changes will be preceded by adequate advance notice to our customers to ensure transparency and give customers the opportunity to adjust to the changed terms. Customers will be given reasonable time to make necessary adjustments or decisions about continued use of the service. In the event of significant changes that may affect the customer's use or value of the service, customers will have the option to either accept the new terms or terminate their subscription with the right to a pro-rata refund for the remaining part of the subscription period.

9. Our Right to Termination and Refund

We reserve the right, at our sole discretion, to cancel or pause the customer's subscription if necessary. In the event of cancellation, Aisen & Adison AB will refund the customer for the remaining part of the paid subscription period. In the event of a pause, the customer has the option to instead terminate the subscription with a pro-rata refund for the remaining part of the subscription period. Customers will be notified of such changes by written notice well in advance of the interruption or pause. No detailed explanation is required for such action, but we strive to act in good faith and with consideration of our customers' interests.

10. Non-Compete Clause

Aisen & Adison AB commits not to directly or indirectly engage in any business activities with customers belonging to our customers and who have become known to us exclusively through the assignments, tasks, and inquiries we have received, provided that these customers have had an active business relationship with our customers within the last two (2) years. We will not actively seek, offer services to, or otherwise establish business relationships with such customers, where knowledge of their relationship to our own customers is based solely on information obtained through our business relationship with our customers. This time limitation aims to balance the protection of our customers' interests with reasonable and fair business practices. This obligation applies during the time of the subscription and continues to apply for one (1) year after the subscription has ended.

11. Right to Display Design Work

Aisen & Adison AB commits to respecting and protecting our customers' confidentiality and trade secrets. We reserve the right to share and display design work on digital platforms, including social media, our website, and other similar channels, under the following conditions:

11.1 With Customer Consent

We will only share and discuss design work that includes the customer or the customer's clients if we have obtained specific written consent from the customer. This consent should include clear details about which design work is to be shared and on which platforms it will be displayed.

11.2 Anonymous Design Work

For design work that does not contain specific details that can be used to identify the customer or the customer's client, we reserve the right to share this work without the requirement for prior consent.

11.3 Confidentiality and Non-Disclosure Agreement (NDA)

The customer has the right to issue a non-disclosure agreement (NDA) between themselves and Aisen & Adison AB to protect particularly sensitive design work. Such an agreement will regulate the use and sharing of design work and may override our right to publicly share or discuss the client's work according to the terms of the NDA.

12. Data Protection and Privacy

Customer data is handled with strict confidentiality and in accordance with data protection regulations.

13. Dispute Resolution

In the event of any disputes, we first strive to resolve these through direct negotiation. If a dispute cannot be resolved, it will be settled by arbitration in the jurisdiction where Aisen & Adison AB is located.

14. Termination

Both parties have the right to terminate the subscription at any time. This can be done by an individual party without the need to state any specific reason and takes effect immediately after notification to the other party.

15. Usage Limitations

Customers are expected to use our services in accordance with all applicable laws and ethical standards. This means that customers should avoid any use that may involve infringement of third-party rights, including but not limited to copyright and trademark infringements, or other actions that are contrary to the law.

16. Indemnification

The customer agrees to indemnify Aisen & Adison AB from any claims or damages that arise due to their improper use of our services.

17. Third-Party Intellectual Property Rights

The customer is responsible for ensuring that all assets provided for use in our services do not infringe on third-party intellectual property rights.

18. Force Majeure

Aisen & Adison AB is not responsible for any failure or delay in performance due to circumstances beyond our reasonable control.

19. Feedback and Reviews

Customer feedback and reviews may be used for service improvement and, with permission, for marketing purposes.

20. Applicable Law

These Terms shall be governed by the legislation of the jurisdiction where Aisen & Adison AB is located.