Terms of Service

These Terms of Service ("Terms") govern your access to and use of the KiwiCode website and any inquiries, communications, guides, consultations, and related services made available through the website.

By using this website, you agree to be bound by these Terms. If you do not agree, you should not use the website.

1. About KiwiCode

KiwiCode Inc. ("KiwiCode", "we", "us", or "our") is an Ontario-based software company that provides custom software development, consulting, implementation, workflow design, and related professional services.

Website contact details:

KiwiCode Inc.
Niagara, Ontario, Canada
Phone: +1 (647) 581-5810
Email: info@kiwicode.ca

2. Website use

You may use this website only for lawful purposes and in a manner that does not violate any applicable law or infringe the rights of others.

You agree not to:

• use the website in a way that could damage, disable, overburden, or impair the website;
• attempt unauthorized access to the website, servers, accounts, or related systems;
• introduce malicious code, malware, or harmful material;
• interfere with website security or functionality;
• use automated means to scrape, copy, harvest, or extract data from the website without our written consent;
• misrepresent your identity, company, or reason for contacting us; or
• use the website for unlawful, fraudulent, or abusive purposes.

3. No professional legal or financial advice

Information on this website is provided for general informational purposes only. It is not legal advice, financial advice, accounting advice, construction law advice, or any other regulated professional advice.

You should obtain advice from qualified professionals appropriate to your situation before relying on website content, software workflows, or business decisions discussed through the site.

4. No guarantee of results

The website may describe sample workflows, example scenarios, potential outcomes, or illustrative metrics. Unless expressly stated in a signed written agreement, these materials are for general illustration only and do not constitute promises, guarantees, warranties, or commitments regarding outcomes, savings, legal compliance, payment timing, revenue, collections, or operational results.

5. Consultations, guides, and inquiries

Submitting a form, booking a fit call, downloading a guide, or contacting us does not create a client relationship, partnership, fiduciary relationship, or binding service engagement.

Any services we provide will be governed by a separate written agreement, proposal, statement of work, master services agreement, or similar contract signed or otherwise accepted by the relevant parties.

We reserve the right to decline inquiries, engagements, or requests at our discretion.

6. Service proposals and project agreements

Any proposal, quote, scope, estimate, roadmap, timeline, or pricing information provided through the website, a fit call, or preliminary communication is non-binding unless incorporated into a final written agreement signed or accepted by KiwiCode.

Project-specific terms, deliverables, payment obligations, timelines, acceptance criteria, intellectual property rights, confidentiality obligations, support, warranties, and limitations will be set out in the applicable client agreement.

If there is any conflict between these Terms and a signed client agreement, the signed client agreement will control for that engagement.

7. Intellectual property

All content on this website, including without limitation text, graphics, layouts, branding, logos, icons, interface elements, images, code, downloadable materials, and other content, is owned by KiwiCode, its licensors, or its content providers and is protected by applicable intellectual property laws.

You may view and use the website for your internal business information purposes only. You may not reproduce, republish, distribute, modify, create derivative works from, publicly display, or commercially exploit website content without our prior written consent, except as permitted by law.

8. User submissions

If you submit information to us through the website, email, a form, or a booking request, you represent that:

• the information is accurate to the best of your knowledge;
• you have the right to provide it;
• it does not violate any law or third-party rights; and
• it does not contain malicious code or harmful material.

You remain responsible for the content you submit. We may use information you submit for the purpose of responding to you, evaluating a potential engagement, providing services, improving our business processes, and otherwise as described in our Privacy Policy and any applicable agreement.

9. Third-party services and links

The website may contain links to third-party websites or rely on third-party tools, platforms, hosting, analytics, scheduling, or communications providers. We do not control and are not responsible for third-party services, sites, availability, terms, content, or privacy practices.

Your use of third-party services is at your own risk and subject to the terms and policies of those third parties.

10. Website availability

We may update, change, suspend, restrict, or discontinue any part of the website at any time without notice. We do not guarantee that the website will always be available, uninterrupted, secure, current, or error-free.

11. Disclaimer of warranties

To the fullest extent permitted by applicable law, the website and its content are provided on an "as is" and "as available" basis, without representations, warranties, or conditions of any kind, whether express, implied, or statutory.

Without limiting the foregoing, KiwiCode disclaims all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, title, non-infringement, accuracy, compatibility, security, availability, and absence of errors or viruses.

12. Limitation of liability

To the fullest extent permitted by applicable law, KiwiCode and its directors, officers, employees, contractors, agents, affiliates, licensors, and service providers will not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, business opportunities, goodwill, data, use, or other intangible losses arising from or relating to:

• your use of or inability to use the website;
• reliance on website content;
• errors, inaccuracies, omissions, or interruptions;
• unauthorized access to or alteration of information;
• third-party websites, tools, or services; or
• any virus, malware, or other harmful code.

Where liability cannot be excluded, it will be limited to the maximum extent permitted by law.

13. Indemnity

You agree to indemnify and hold harmless KiwiCode and its directors, officers, employees, contractors, and agents from and against any claims, liabilities, losses, damages, costs, and expenses, including reasonable legal fees, arising out of or related to your misuse of the website, your violation of these Terms, or your infringement of any right of a third party.

14. Confidentiality of website communications

Unless and until a separate confidentiality agreement or client agreement is in place, information submitted through the website or in initial communications should not be considered legally privileged or subject to any special confidentiality obligation beyond our ordinary business practices and applicable law.

If you need special confidentiality protections before sharing sensitive business details, please request that arrangement before sending them.

15. Privacy

Your use of the website is also subject to our Privacy Policy, which explains how we collect, use, and disclose personal information.

16. Governing law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict of law principles.

You agree that any dispute arising out of or relating to these Terms or the website will be brought exclusively before the courts located in Ontario, unless applicable law requires otherwise.

17. Changes to these Terms

We may update these Terms from time to time by posting a revised version on this page and updating the effective date or last updated date. Your continued use of the website after the revised Terms are posted constitutes acceptance of the updated Terms, to the extent permitted by law.

18. Contact

If you have questions about these Terms, please contact:

KiwiCode Inc.
Niagara, Ontario, Canada
Phone: +1 (647) 581-5810
Email: info@kiwicode.ca

See also our Privacy Policy.