Terms of Service

These terms apply whenever you use Kiwi and until we post a newer version here.

本条款以英文书写并以英文版本为准。如需中文说明，请写信至 hello@kiwihomeagent.com。

1. Acceptance

These Terms are an agreement between you and Kiwi Home Agent LLC, a California limited liability company (“Kiwi”). By using this website, contacting us, or creating a Kiwi account, you agree to these Terms. If you are acting on behalf of a team or brokerage, you confirm you have authority to bind that team. Use of the Kiwi application and Kiwi for Mac is also governed by the Terms of Service shown inside the application and accepted at signup; where the two differ, the application Terms control for your subscription.

2. The Service

Kiwi is an AI operations agent that helps real-estate teams automate transaction work. It executes tasks at your direction (for example, drafting offers, completing forms, and preparing reports) and is designed to present them for your review and approval before any client-facing action is taken.

3. Your responsibilities

4. Our responsibilities

We work to keep the Service secure, available, and accurate, but we do not promise any particular level of security, uptime, or accuracy; Section 13 applies. AI-generated drafts may contain errors; your review and approval are the final control before any communication reaches a client.

5. Fees

Creating a workspace is free; a workspace remains inactive until a subscription is active. Using Kiwi requires an active subscription, monthly or annual, billed through Stripe at the price shown before checkout. Subscriptions renew each billing period until canceled. You may cancel at any time from the Billing page; access continues through the paid period. Prices, including promotional rates, may increase at any time. A new price applies to an existing subscription starting with its next billing period after we notify you by email, unless we have agreed otherwise with you in writing. If you choose hassle-free setup (Section 6), a one-time setup fee shown at checkout before you pay is paid once through Stripe from the Setup or Billing page. That fee is not refundable once we have started your setup.

Team size limits. Kiwi Lite is for one person, and Kiwi works only in one-to-one chats on that plan. Kiwi Max provides one private one-to-one admin chat with Kiwi and one shared team group chat for up to five people in total, including the owner. Kiwi Max gives the best experience for one to three people. The group chat is your team's shared workspace. The plan does not include additional group chats or client group chats. Agents competing for the same property must use separate Kiwi Max subscriptions and workspaces. The team group chat may include only those team members and Kiwi. With your agreement, members of our support team may also join a group chat to support you, and they do not count toward the limit. You must not add people beyond the limit, share one subscription among more than one team or business, or change the people in a group chat to get around the limit. By subscribing to a plan, you agree to its team size limit. If your use exceeds the limit, we may, at our option and in addition to our other rights under these Terms, stop Kiwi from working in the affected chat, ask you to reduce the group, move your workspace to a plan that fits your team size and charge the price of that plan starting with the billing period in which the excess use began, or suspend or end your subscription.

Usage limits. Each plan includes a usage allowance that we set based on typical use by a team of the size stated for that plan. No plan provides unlimited use. Where our website or the Kiwi app describes a feature as included, that describes what the plan covers, not an unlimited amount of use. We may set, measure, and change allowances at our discretion, and we do not disclose how they are calculated. We may show your workspace's current use in the Kiwi app. When your workspace reaches its allowance, Kiwi may pause, delay, or decline further work until the allowance resets. Reaching an allowance is not an outage, a defect, or a failure of Kiwi, and it does not entitle you to a refund, credit, or extension. Unused allowance does not carry over. You are responsible for how your team uses Kiwi. If your use regularly exceeds typical use for your plan, or is automated, abusive, or on behalf of people outside your team, we may, at our option and in addition to our other rights under these Terms, ask you to reduce it, move your workspace to a plan that fits your use and charge the price of that plan starting with your next billing period, or suspend or end your subscription.

6. Two ways to run Kiwi

You select one at signup and may change it later from the Setup page. Both provide the same service.

Required setup. Kiwi requires its own setup, as if you gave an assistant its own computer and phone. WeChat and local work-app automation require a dedicated new or freshly reset assistant computer, used only for Kiwi's work, not your everyday personal computer. This is a requirement, not a recommendation. For WeChat, Kiwi also requires a separate assistant WeChat account registered with a U.S. phone number, never your personal account, and a separate phone, which may be an older phone, that stays signed in to that WeChat account, because WeChat for Mac can be used only while its account is signed in on a phone. While Kiwi is operating, keep the computer powered, online, logged in and awake, with automatic sleep and screen savers disabled and the desktop session available, and keep the phone powered and connected. Keep a laptop lid open unless a supported closed-display setup has been verified for this computer; disabling screen savers does not prevent lid-close sleep.

Your computer, your data, and your backups. Kiwi requires a new or freshly reset computer that is dedicated only to Kiwi and used only for Kiwi's assistant work. You must not install or run Kiwi on a personal, everyday, or shared computer, and you must not use the dedicated computer for other work while Kiwi is operating on it. Using Kiwi on a computer that is not dedicated to it, or alongside other use of that computer, can result in data loss, the mixing of personal and business activity, unpredictable results, and damage to other data on that computer. If you do so anyway, you are in breach of this requirement and you assume all of those risks. You must keep complete, current backups of every computer you use with Kiwi, including a dedicated computer, and you are solely responsible for doing so. To the fullest extent permitted by law, Kiwi Home Agent LLC and its members, employees, and contractors are not responsible or liable for any data loss or for any other loss or damage of any kind to any computer or phone you use with Kiwi, whether or not it is dedicated to Kiwi, or to any file, data, software, message, or account on it, including the deletion, alteration, or corruption of some or all of your files, and you release them from, and will not bring, any claim for that loss or damage, except where the law does not allow this release. This applies even if a dedicated computer is erased or its data is lost. You use Kiwi at your own risk, and you, not Kiwi Home Agent LLC or its members, employees, or contractors, are solely responsible for your data, your backups, your computers and phones, and the results of your use of Kiwi.

How Kiwi operates the computer. Kiwi operates the computer it runs on automatically, using artificial intelligence to decide the steps it takes. We design Kiwi with safeguards against harmful actions, but automated actions can have results that neither you nor we intend. On a computer you provide, we do not control who uses it or what else runs on it, and activity by another person or program on that computer can interfere with Kiwi's actions and make their results unpredictable. This is why the computer must be dedicated to Kiwi and must not be shared: when it holds only the work Kiwi prepares for you, the information exposed to an unexpected action is limited. Back up that work, and any business records kept on the computer, on a regular schedule. The limits on our responsibility for data loss and damage described above apply in full.

Bring your own device. Kiwi runs on a Mac you own and control, through Kiwi for Mac. Kiwi for Mac is designed to keep your work-application passwords and two-step verification codes on that Mac; we do not ask for them and do not store them. Whatever a request requires is processed at your direction and under your approvals, and by using the Service you authorize that processing.

Hassle-free setup. For a one-time setup fee shown at checkout before you pay, we prepare and operate a dedicated computer for your workspace and set up every connection for you. To do that, you authorize us to hold and use the logins you provide (for example MLS, forms, e-signature, email, and messaging) solely as your agent, to deliver the Service to you. In this mode we will:

You remain the licensed professional and the account holder with each provider. You confirm you are allowed to share those logins with a service provider acting on your behalf, that your instructions to us are lawful, and that you will change any password we held once we return control to you. The dedicated computer remains our property.

Your authorization and release. In either mode, Kiwi acts on your accounts at your direction; hassle-free setup additionally entrusts us with access to those accounts. By using the Service, and, for hassle-free setup, by checking the box that says you agree to these Terms, you agree that:

7. License to use Kiwi

Subject to these Terms and an active subscription, Kiwi grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service, including Kiwi for Mac, solely for your team's internal real-estate business. The Service is licensed, not sold. All rights not expressly granted here are reserved by Kiwi.

8. Restrictions

You will not, and will not allow anyone else to:

Subscribing, or using a trial or promotional period, in order to study, copy, or replicate the Service is a material breach of these Terms.

Implementation details. Any deliberate attempt to reverse engineer, decompile, or disassemble the Service or Kiwi for Mac, or to ask, prompt, or pressure Kiwi to reveal its implementation details, including its AI model, instructions, code, or methods, is a material breach of these Terms. If we determine in good faith that you have made such an attempt, we may end your subscription immediately. We will not provide the Service for the next billing period, and we will not refund any fees you have already paid, including fees for the current billing period. These remedies are in addition to our other rights under these Terms.

9. Intellectual property

The Service, Kiwi for Mac, and the underlying technology, including software, prompts, playbooks, workflows, automation logic, documentation, designs, and know-how (together, the "Kiwi Technology"), are owned by Kiwi and its licensors and are protected by copyright, trade secret, trademark, and other laws. You own the information you provide to Kiwi and the data in the accounts you connect ("Customer Data"), and you may freely use the drafts, reports, and documents Kiwi prepares for your transactions ("Outputs"). Your rights in Outputs do not include any rights in the Kiwi Technology used to produce them. You grant Kiwi a license to use Customer Data only to provide, secure, and improve the Service for your workspace; this does not include training AI models on Customer Data. If you send us suggestions or feedback, we may use them without restriction or compensation. "Kiwi" and the Kiwi logo are trademarks of Kiwi Home Agent LLC.

10. Confidentiality

Non-public information about the Service, including how it works, its prompts, workflows, and automation methods, its roadmap and beta features, and any pricing offered to you privately, is Kiwi's confidential information and trade secret. You will use it only to use the Service, will not disclose it to anyone outside your team who does not need it for that purpose, and will protect it at least as carefully as your own confidential information. This obligation continues after your subscription ends for as long as the information remains a trade secret, and in any event for five years.

11. Termination

You may cancel your subscription at any time from the Billing page; access continues through the paid period. We may suspend or terminate your access immediately, without refund, if you breach Section 8 or Section 10 or otherwise materially breach these Terms. When your subscription ends for any reason, your license ends, you must stop using and remove Kiwi for Mac, and Sections 6 through 18 survive. You may request an export or deletion of your team's data by emailing hello@kiwihomeagent.com.

12. Remedies

You agree that a breach of Section 8 or Section 10 would cause Kiwi irreparable harm for which money damages would be an inadequate remedy, and that Kiwi may seek injunctive or other equitable relief for such a breach without posting a bond, in addition to any other remedy available to it. In any action to enforce Section 8, 9, or 10, the prevailing party may recover its reasonable attorneys' fees and costs.

13. Disclaimers

This website and the Service are provided "as is" and "as available", without warranties of any kind, express or implied, including fitness for a particular purpose, accuracy, and uninterrupted operation. You use them at your own risk. Drafts may contain errors; your review and approval are the final control. We are not a real-estate broker, attorney, or financial advisor. Drafts produced by Kiwi are not legal, tax, or financial advice. We do not warrant that Kiwi will not delete, alter, or corrupt data on any computer or phone you use with it; Section 6 sets out the required setup and your sole responsibility for your data and backups.

14. Limitation of liability

To the maximum extent permitted by law, our total liability for all claims together under these Terms is limited to the fees you paid us in the three months before the claim, including any setup fee, and we are never liable for indirect, special, consequential, or lost-profit damages. Nothing in these Terms excludes liability that the law does not allow to be excluded, including for fraud or willful misconduct. Nothing in this section limits your liability for a breach of Section 8 or Section 10.

15. Governing law

These Terms are governed by the laws of California, USA. Disputes are resolved by individual arbitration as described in Section 16; any claim that Section allows in court may be brought only in the state or federal courts of Santa Clara County, California, and you consent to their jurisdiction.

16. Disputes: individual arbitration

Please read this carefully; it affects your rights. Any dispute or claim between you and Kiwi arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, before one arbitrator, in Santa Clara County, California (or by video conference at your election), rather than in court. Either side may instead bring an individual claim in small claims court, and Kiwi may ask a court for injunctive relief to protect Sections 8, 9, and 10. The Federal Arbitration Act governs this Section.

Class action and jury waiver. Claims are decided by an arbitrator, not a judge or jury. Each side waives the right to bring or join any class, collective, or representative action and, where a claim proceeds in court, waives a jury trial to the extent the law allows. If this waiver is found unenforceable for a particular claim, that claim proceeds in the courts named in Section 15, not in arbitration.

Opt out. You may reject this Section by emailing hello@kiwihomeagent.com within thirty days of first accepting these Terms, naming your workspace; the rest of the Terms still apply.

Time limit. Where the law allows, any claim must be brought within one year after it arises, or it is permanently barred.

17. General

These Terms and the Privacy Policy are the entire agreement between you and Kiwi regarding the Service and replace any earlier discussions. You may not assign them without our consent; we may assign them to a successor. Our failure to enforce a term is not a waiver of it. Notices to you are sent to the workspace owner's email address; notices to us are sent to hello@kiwihomeagent.com. Neither party is liable for delay caused by events outside its reasonable control. Services you connect are governed by their own terms, and we are not responsible for their availability or for actions they take on your account. You must be at least 18 years old and licensed or authorized to perform the real-estate work you direct. If any provision of these Terms is found unenforceable, it is limited or removed to the minimum extent necessary and the remaining provisions stay in effect.

18. Changes to these Terms

We may update these Terms. We will post the new version on this page and, for material changes, give you notice before your next renewal. Continued use of the Service after a new version is posted constitutes acceptance of the updated Terms.

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