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Overview

Terms of Service

Last Updated: April 26, 2025

Welcome to KampaignKiwi, operated by MineShift Labs LLC (“we,” “us,” or “our”). By accessing or using our services, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use our services.

1. Description of Services

KampaignKiwi is an AI-driven social media content creation and scheduling platform that enables users to generate and manage content across various social media platforms.

2. Eligibility

You must be at least 18 years old to use our services. By using KampaignKiwi, you represent and warrant that you meet this requirement.

3. Account Registration

To access certain features, you must create an account. You agree to provide accurate information and to keep this information up-to-date. You are responsible for maintaining the confidentiality of your account credentials.

4. Subscription Plans and Payments

We offer tiered subscription plans. Payments are processed through Stripe. By subscribing, you authorize us to charge your payment method for the applicable fees. You acknowledge that you have read and agree to be bound by Stripe's Terms of Service at https://stripe.com/legal/ssa when using these payment services.

5. Refund Policy

We offer a full refund within 24 hours of purchase. To request a refund, please contact us at [email protected].

6. User Content

You retain ownership of the content you create using KampaignKiwi. However, by using our services, you grant us a license to use, reproduce, and display your content as necessary to provide our services. This license is non-exclusive, worldwide, royalty-free, and sublicensable (solely to our service providers who help us provide the Services).

You represent and warrant that you have all rights, licenses, consents, and permissions necessary to grant us these rights and that your content does not violate any third-party rights, including intellectual property rights, or any applicable laws.

7. AI-Generated Content

KampaignKiwi utilizes AI to generate content. While we strive for accuracy, AI-generated content may not always be accurate or appropriate. You are responsible for reviewing and ensuring the suitability of all content before publishing. You acknowledge that:

  • AI models may produce unexpected, inaccurate, offensive, or otherwise problematic outputs
  • AI-generated content may inadvertently resemble existing copyrighted materials
  • You remain fully responsible for all content published through our service, including AI-generated content
  • We make no warranties about the quality, accuracy, or legality of AI-generated content

8. Third-Party Integrations

Our services integrate with third-party platforms, including but not limited to YouTube, Meta (Facebook and Instagram), TikTok, and X (Twitter). By using these integrations, you agree to comply with the respective terms of service of these platforms. You acknowledge that:

  • Third-party platforms may change their APIs, terms, or availability at any time
  • We may need to modify our integration with these platforms in response to such changes
  • Third-party platforms may limit or revoke access to their services at their discretion
  • We are not responsible for the actions, policies, or content moderation decisions of these platforms

9. Meta Platform Terms

By using KampaignKiwi to interact with Meta platforms (Facebook and Instagram), you agree to comply with Meta's Platform Terms at https://developers.facebook.com/terms/

You understand that your use of Meta platforms through our service must comply with Meta's Community Standards and other applicable policies. We are not responsible for content that violates Meta's policies, and you remain solely responsible for ensuring your content meets these requirements.

10. TikTok Platform Terms

By using KampaignKiwi to interact with TikTok, you agree to comply with TikTok's Terms of Service at https://www.tiktok.com/legal/terms-of-service and Developer Terms at https://developers.tiktok.com/terms/

TikTok may have specific content restrictions and requirements. You are responsible for ensuring that content posted to TikTok through our service complies with TikTok's Community Guidelines and other policies.

11. X (Twitter) Platform Terms

By using KampaignKiwi to interact with X (Twitter), you agree to comply with X's Developer Agreement and Policy at https://developer.twitter.com/en/developer-terms

You understand that content posted to X must comply with X's content policies and rules. We are not responsible for content that violates X's policies, and you remain solely responsible for ensuring your content meets these requirements.

12. YouTube Terms of Service

By using KampaignKiwi to interact with YouTube services, you also agree to be bound by the YouTube Terms of Service: https://www.youtube.com/t/terms

13. Platform Account Connection and Revocation

To use our social media integration features, you will need to connect your social media accounts to KampaignKiwi. You may revoke access to your social media accounts at any time by:

  • Removing the integration from your KampaignKiwi account settings
  • Revoking access through the respective social media platform's settings or permissions pages
  • Contacting us at [email protected] for assistance

You acknowledge that revoking access will disable features that require integration with the specific social media platform.

14. Intellectual Property Rights

KampaignKiwi and its original content, features, and functionality are owned by MineShift Labs LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any materials from our platform without our prior written consent.

15. Privacy Policy

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal information.

16. Prohibited Uses

You agree not to use our services for any unlawful purpose or in any way that could damage the platform or interfere with any other party's use of the platform. Prohibited activities include but are not limited to:

  • Generating content that violates third-party rights
  • Creating or distributing content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of privacy, hateful, or racially/ethnically/otherwise objectionable
  • Attempting to bypass security measures or access unauthorized areas of the service
  • Introducing malicious code, including viruses, worms, trojan horses, or other harmful components
  • Engaging in any activity that disrupts the platform's operation
  • Using automated systems, bots, or scripts to access our services without authorization
  • Attempting to reverse engineer our software or algorithms
  • Using our services to violate the terms of service of any third-party platform we integrate with

17. Termination

We reserve the right to suspend or terminate your access to our services at our discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users or us. Upon termination:

  • Your right to use the services will immediately cease
  • We may delete or archive your data in accordance with our data retention policies
  • You will remain liable for any outstanding payments
  • Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability

18. Limitation of Liability

To the maximum extent permitted by law, MineShift Labs LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our services, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of the theory of liability, even if we have been advised of the possibility of such damages.

Our total liability for all claims arising from or related to the services shall not exceed the greater of: (a) the amounts paid by you to us during the twelve (12) months preceding the claim, or (b) $100 USD.

19. Indemnification

You agree to indemnify, defend, and hold harmless MineShift Labs LLC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to your use of our services or your violation of these Terms. This includes, but is not limited to, claims related to content you create, post, share, or distribute using our services, even if such content was generated in whole or in part by our AI tools.

20. Disclaimer of Warranties

KampaignKiwi is provided “as is” and “as available” without any warranties of any kind, whether express or implied. We do not guarantee that our services will be uninterrupted, secure, or error-free. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

We specifically disclaim any warranty that: (a) our services will meet your specific requirements, (b) the results from our AI-generated content will be accurate or reliable, (c) the quality of any content, information, or other material obtained through our services will meet your expectations, or (d) errors in our services will be corrected.

21. Governing Law

These Terms are governed by the laws of the Commonwealth of Pennsylvania, United States, without regard to its conflict of law principles.

22. Dispute Resolution

Any dispute arising from these Terms shall be resolved through binding arbitration conducted in Pennsylvania, in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English, and the award shall be final and binding on both parties.

You agree that any arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we both waive any right to a jury trial.

23. Changes to Terms

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our website. Your continued use of our services after such changes constitutes your acceptance of the new Terms.

24. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.

25. Data Processing Agreement

To the extent that we process personal data on your behalf in connection with these Terms, we shall:

  • Process the personal data only on your documented instructions
  • Ensure that persons authorized to process the personal data have committed themselves to confidentiality
  • Take appropriate security measures to protect personal data
  • Assist you in ensuring compliance with your obligations under applicable data protection laws
  • Delete or return all personal data to you after the end of the provision of services relating to processing

26. Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, terrorism, war, civil unrest, labor disputes, or internet service provider failures.

27. Assignment

You may not assign or transfer these Terms or your rights and obligations hereunder, in whole or in part, without our prior written consent. We may assign these Terms to any successor entity resulting from a merger, acquisition, or sale of all or substantially all of our assets without your consent.

28. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and us concerning your use of our services and supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and us.

29. Export Control

You agree to comply with all applicable export control laws and regulations in your use of our services. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

30. Contact Information

If you have any questions about these Terms, please contact us at [email protected]