Terms & Conditions

Intellectual Property

Unauthorised copying or modification of the Application, any part of the Application, or our trademarks is strictly prohibited. Any attempts to extract the source code, translate the Application into other languages, or create derivative versions are not permitted. All trademarks, copyrights, database rights, and other intellectual property rights related to the Application remain the property of the Service Provider.

Acceptable Use

You agree not to use the Service to:

• Break any applicable law, or infringe anyone else's rights (including intellectual property or privacy rights)
• Generate, request, or distribute content that is illegal, immoral, harassing, hateful, or sexually exploitative, including of minors
• Use AI-generated content for any illegal or immoral purpose, including (but not limited to) harassment, fraud, defamation, non-consensual intimate imagery, scams, or the production or distribution of unlawful material
• Attempt to circumvent rate limits, credit/usage limits, or other technical restrictions
• Interfere with, disrupt, or attempt to gain unauthorised access to the Service or its underlying infrastructure
• Reverse engineer, decompile, or extract the source code of the Application, except where such restriction is not permitted by law

We may suspend or terminate your access to the Service, with or without notice, if we reasonably believe you have violated these Terms.

Modifications and Charges

The Service Provider reserves the right to modify the Application or charge for their services at any time and for any reason. Any charges for the Application or its services will be clearly communicated to you.

Your Responsibilities

The Application stores and processes personal data you provide in order to deliver the Service. It is your responsibility to maintain the security of your phone, your account credentials, and any developer API keys you create.

The Service Provider strongly advises against jailbreaking or rooting your phone. Such actions could expose your device to malware and compromise security features, and may result in the Application not functioning correctly or at all.

Please be aware that some functions of the Application require an active internet connection (Wi-Fi or mobile data). The Service Provider cannot be held responsible if the Application does not function at full capacity due to lack of connectivity or exhausted data allowance.

Developer API

KiwiMate offers an OpenAI-compatible developer API, metered against a per-account NZD credit balance. If you create an API key, the following additional terms apply:

• Your API key is a bearer secret. You are responsible for keeping it confidential; anyone with the key can spend your credit balance
• New accounts receive a one-time, non-refundable trial credit grant. You may purchase additional API credit at any time, in any amount from $1 to $1000 NZD, via the Developers page; purchased credit is likewise non-refundable
• API usage is rate-limited (currently 60 requests/minute per key) and subject to the general Acceptable Use terms above, including a prohibition on reselling or redistributing access to the API
• Models offered through the API are preview/experimental and provided on an "as-is" basis, without guaranteed uptime, accuracy, or availability
• We may suspend or revoke API keys at our discretion, including for suspected abuse, violation of these Terms, or excessive load on the Service

Full technical details, including request/response formats and error codes, are available on the Developers page.

Purchases

Purchases can be made in two places, each with its own payment processor and billing terms:

• This website's Store page — credit packs and subscriptions are processed by Stripe via Stripe's hosted Checkout page. Stripe's payment terms and refund policies apply; the Service Provider does not directly collect or store your payment card details, and cannot issue refunds directly. Refund requests for web purchases must be made through Stripe / your card issuer.
• Mobile app (Apple App Store / Google Play) — in-app purchases are processed entirely by Apple or Google using their respective in-app purchase systems. Those billing terms and refund policies apply; the Service Provider does not directly collect or process your payment card details, and cannot issue refunds directly. Refund requests for in-app purchases must be made through Apple or Google.

Pricing, available products, and payment processors may change over time. Any changes will be reflected on this page and the Store page before they take effect.

Data and Roaming Charges

If you use the Application outside of a Wi-Fi area, your mobile network provider's agreement terms still apply. You may incur charges from your mobile provider for data usage, including roaming data charges if you use the Application outside of your home territory without disabling data roaming.

By using the Application, you accept responsibility for any such charges. If you are not the bill payer for the device, the Service Provider assumes you have obtained permission from the bill payer.

Device and Service Availability

It is your responsibility to ensure your device remains charged. If your device runs out of battery and you are unable to access the Service, the Service Provider cannot be held responsible.

While the Service Provider strives to keep the Application updated and accurate at all times, they do rely on third parties to provide information. The Service Provider accepts no liability for any loss, direct or indirect, that you experience as a result of relying on this functionality.

Artificial Intelligence

The Application incorporates Artificial Intelligence (AI) technologies, including third-party AI models, to provide certain features or services. By using the Application, you acknowledge and agree that AI may be used to process data and deliver functionalities.

AI-generated content (including chat responses and generated images) may be inaccurate, incomplete, biased, or inappropriate. It is not professional, medical, legal, or financial advice, and you are solely responsible for evaluating and verifying any AI-generated content before relying on it. The Service Provider ensures that all AI usage complies with applicable laws and is designed to benefit the user experience, but does not guarantee the accuracy or reliability of any AI-generated output.

Ownership of AI-generated content. You do not own, and we do not grant you any intellectual property rights in, the AI-generated content produced by the Service. AI output is provided to you for permitted personal use only, subject to these Terms and applicable law. Where applicable law entitles you to use AI-generated content, that right is conditional on your compliance with these Terms — including the prohibition on using AI-generated content for any illegal or immoral purpose.

Prohibited uses of AI-generated content. You may not use, reproduce, publish, distribute, or otherwise make available any AI-generated content from the Service for any illegal or immoral purpose, including (without limitation) to harass, defame, defraud, deceive, or harm any person; to create or distribute non-consensual intimate imagery; to produce or spread misinformation; or to violate any applicable law or third-party right.

To the extent permitted by law, the Service Provider retains all rights, title, and interest (including intellectual property rights) in and to the AI-generated content and the underlying models, prompts, and outputs of the Service.

Disclaimer of Warranties

The Service is provided "AS IS" and "AS AVAILABLE", without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted, error-free, accurate, or secure. To the maximum extent permitted by law, the Service Provider disclaims all such warranties.

Limitation of Liability

To the maximum extent permitted by law, the Service Provider will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising from or related to your use of the Service, even if advised of the possibility of such damages.

To the maximum extent permitted by law, the Service Provider's total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amount you paid directly to the Service Provider (not to Apple or Google) in the 12 months before the claim arose, or (b) NZD $100.

Indemnification

You agree to indemnify and hold harmless the Service Provider from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of your misuse of the Service, your violation of these Terms, or your violation of any law or third-party right.

Updates and Termination

The Service Provider may update the Application from time to time. The Application is currently available based on the requirements of the operating system, which may change. You will need to download updates to continue using the Application.

The Service Provider does not guarantee that it will always update the Application to remain relevant to you or compatible with your particular operating system version. However, you agree to accept updates when offered.

The Service Provider may suspend or terminate your access to the Service, or cease providing it altogether, at any time, with or without notice — including where we reasonably believe you have violated these Terms. Upon termination: (a) the rights and licences granted to you under these Terms will end; and (b) you must cease using the Application and, if necessary, delete it from your device.

Governing Law

These Terms are governed by, and construed in accordance with, the laws of New Zealand, without regard to conflict-of-law principles. You and the Service Provider agree to submit to the exclusive jurisdiction of the courts of New Zealand for any dispute arising out of or relating to these Terms or the Service.

Changes to These Terms and Conditions

The Service Provider may periodically update these Terms and Conditions. You are advised to review this page regularly for any changes. The Service Provider will notify you of any changes by posting the new Terms and Conditions on this page.

General

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Service Provider regarding the Service, and supersede any prior agreements on this subject.