Scope & engagement structure
The website presents our engineering services—including custom websites, client portals, internal operator panels, and tailored software applications. Submitting a project brief or intake enquiry initiates exploratory evaluation only and does not constitute a binding contract to provide services.
Engineering work commences exclusively upon mutual execution of a formal written project proposal, statement of work (SOW), or service agreement specifying deliverables, milestones, fees, and acceptance criteria. Any modifications, additions, or feature expansions outside the agreed SOW require a mutually signed written Change Order.
7-day expedited sprints
Where a client elects an Expedited 7-Day Rapid Sprint (fast-track delivery of an MVP, client portal, or core software workflow), the following terms strictly apply:
- Prerequisites: The 7-day clock starts on the first business day following: (a) receipt of the agreed priority sprint deposit, (b) execution of the locked functional specification, and (c) receipt of all necessary client assets, brand guidelines, credentials, and third-party API keys.
- Client Turnaround Obligation: Expedited execution requires rapid, continuous feedback. The client must provide approvals, clarifications, or assets within 12 business hours of request.
- Dependency Suspensions: Any delay caused by client review, third-party API downtime, pending credentials, or requested scope changes automatically suspends the 7-day timeline on a business-day-for-business-day basis without liability or penalty to Kiwi.
- Priority Fee: Expedited priority fees reflect reserved dedicated engineering capacity and are fully earned upon kickoff and non-refundable.
Intellectual property & transfer
Kiwi operates on an unencumbered ownership model. Upon full and final settlement of all agreed invoices and milestone fees, 100% of custom source code, repository rights, database schemas, design tokens, and visual assets created specifically for the client transfer completely to the client.
Kiwi retains all rights to general-purpose background tools, open-source libraries, utility libraries, and pre-existing frameworks incorporated into the project, each of which is licensed to the client on a perpetual, worldwide, royalty-free commercial basis for the operation of the delivered software.
Unless the client explicitly requests an NDA or confidential white-label status in writing, Kiwi reserves the right to reference non-confidential project deliverables, metrics, and visual interfaces in its public portfolio and marketing materials.
Limitation of liability & warranty
To the maximum extent permitted by applicable law, in no event shall Kiwi, its principals, officers, engineers, or subcontractors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages—including but not limited to loss of profits, revenue, data, goodwill, or business interruption—arising out of or related to our services, website, or deliverables.
Aggregate Liability Cap: Kiwi's total cumulative liability arising out of or related to any engagement, under any legal theory (contract, tort, negligence, strict liability, or otherwise), shall be strictly capped at the total amount actually received by Kiwi from the client for the specific statement of work giving rise to liability during the three (3) months immediately preceding the claim.
Warranty: Custom software is delivered with a 30-day post-launch warranty during which Kiwi will remediate, at no additional charge, any demonstrable defect or bug that causes the software to materially deviate from the agreed written specification. Beyond this period, deliverables are provided on an “AS-IS” and “AS-AVAILABLE” basis without implied warranties of merchantability or fitness for a particular purpose.
Client warranties & indemnification
The client warrants that all raw ideas, concepts, wireframes, text, images, trademarks, proprietary data, and third-party integrations provided to Kiwi are owned by the client or properly licensed, and do not infringe or misappropriate any patent, copyright, trademark, trade secret, or other proprietary right of any third party.
The client maintains sole responsibility for the legal and regulatory compliance of its own business, services, and end-user software (including compliance with industry-specific laws such as HIPAA, GDPR, CCPA, COPPA, PCI-DSS, or financial regulations).
The client agrees to defend, indemnify, and hold harmless Kiwi and its personnel from and against any and all third-party claims, lawsuits, administrative penalties, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of the client's business operations, content, raw ideas, or end-user claims.
Governing terms & dispute resolution
In the event of any controversy, claim, or dispute arising out of or relating to these terms or an associated engagement, the parties agree to first attempt resolution through good-faith, informal executive negotiation for a period of not less than thirty (30) days.
If informal negotiation does not resolve the dispute, the matter shall be resolved exclusively through binding confidential arbitration administered in accordance with commercial arbitration rules. Both parties expressly waive any right to participate in class actions, representative actions, or private attorney general proceedings.
If any provision of these terms is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.