Terms of Service

Please read our terms carefully before using our services.

Welcome to Kwiki Tours ("Kwiki Tours," "we," "us," or "our"), a software-as-a-service (SaaS) platform that enables tour and activity providers to manage bookings and promote their services online. By accessing or using our website, platform, or services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree with these Terms, please do not use our Services.

1. Acceptance of Terms

By registering for an account, accessing, or using the Services, you confirm that you are at least 18 years old, have the legal capacity to enter into these Terms, and agree to comply with them. If you are using the Services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

2. Services Description

Kwiki Tours provides a SaaS platform that allows tour and activity providers ("Providers") to create websites, manage bookings, process payments, and promote their services. We act as a technology provider and do not operate tours or activities ourselves. The Services include:

  • Website creation and hosting tools.
  • Booking and reservation management systems.
  • Payment processing integration.
  • Marketing and analytics features.

3. Account Registration

To use certain features of the Services, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration.
  • Maintain the security of your account credentials.
  • Notify us immediately of any unauthorized use of your account.
  • Be responsible for all activities conducted through your account.

4. Use of Services

You agree to use the Services in accordance with these Terms and all applicable laws. You shall not:

  • Use the Services for any illegal or unauthorized purpose.
  • Attempt to interfere with, disrupt, or reverse-engineer the Services.
  • Use the Services to transmit harmful code, malware, or viruses.
  • Violate the intellectual property or privacy rights of others.
  • Misrepresent your identity or affiliation.

5. Fees and Payment

  • Subscription Fees: Access to the Services requires a subscription plan, with fees outlined in your selected plan. Fees are billed in advance and are non-refundable, except as required by law.
  • Payment Processing: Providers are responsible for configuring payment gateways (e.g., Stripe, PayPal) to collect payments from their customers. Kwiki Tours is not responsible for payment disputes or chargebacks.
  • Taxes: You are responsible for any taxes applicable to your use of the Services or bookings processed through the platform.
  • Fee Changes: We may modify subscription fees with 30 days’ notice. Continued use after fee changes constitutes acceptance of the new fees.

6. Bookings and Customer Interactions

  • Provider Responsibility: Providers are solely responsible for fulfilling bookings, delivering services as promised, and complying with all applicable laws (e.g., permits, licenses, insurance).
  • Customer Data: Providers are responsible for handling customer personal data in compliance with applicable privacy laws (e.g., GDPR, CCPA).
  • Disputes: Kwiki Tours is not liable for disputes between Providers and their customers. Providers must resolve such disputes independently.

7. Intellectual Property

  • Kwiki Tours Content: All software, designs, trademarks, and content provided by Kwiki Tours are owned by us or our licensors and are protected by intellectual property laws. You are granted a non-exclusive, non-transferable license to use the Services for your business purposes during your subscription term.
  • Your Content: You retain ownership of content you upload to the Services (e.g., tour descriptions, images). By uploading content, you grant Kwiki Tours a worldwide, non-exclusive, royalty-free license to use, store, and display such content to provide the Services.
  • Feedback: Any feedback or suggestions you provide about the Services may be used by Kwiki Tours without compensation or attribution.

8. Privacy

Our collection and use of personal information are governed by our Privacy Policy. By using the Services, you consent to our data practices as described in the Privacy Policy.

9. Termination

  • By You: You may terminate your account at any time by contacting us or using the account cancellation feature. No refunds will be provided for unused subscription periods.
  • By Us: We may suspend or terminate your access to the Services if you violate these Terms, fail to pay fees, or engage in conduct that harms Kwiki Tours or other users.
  • Effect of Termination: Upon termination, your access to the Services will cease, and we may delete your account data after 30 days, subject to legal obligations.

10. Limitation of Liability

To the maximum extent permitted by law:

  • The Services are provided "as is" without warranties of any kind, express or implied.
  • Kwiki Tours is not liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Services, including loss of profits, data, or business opportunities.
  • Our total liability for any claim related to the Services shall not exceed the fees paid by you in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold Kwiki Tours, its affiliates, officers, and employees harmless from any claims, damages, or expenses (including legal fees) arising from your use of the Services, violation of these Terms, or infringement of third-party rights.

12. Governing Law and Dispute Resolution

  • Governing Law: These Terms are governed by the laws of [Insert Jurisdiction, e.g., Delaware, USA], without regard to conflict of law principles.
  • Disputes: Any disputes arising from these Terms shall be resolved through binding arbitration in [Insert City/State], conducted under the rules of the American Arbitration Association. You waive any right to participate in a class action lawsuit against Kwiki Tours.

13. Modifications to Terms

We may update these Terms at our discretion. We will notify you of material changes via email or through the Services at least 30 days before they take effect. Continued use of the Services after such changes constitutes acceptance of the updated Terms.

14. Miscellaneous

  • Entire Agreement: These Terms, along with any referenced policies, constitute the entire agreement between you and Kwiki Tours regarding the Services.
  • Severability: If any provision of these Terms is found to be invalid, the remaining provisions remain in effect.
  • Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights at any time.
  • No Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

15. Contact Us

If you have questions about these Terms, please contact us at:

  • Email: info@kwiki.tours
  • Address: Kwiki Tours, 1887 WHITNEY MESA DR #2592, HENDERSON, NV 89014