Terms of Service

Last updated: 7 October 2026

These Terms of Service (“Terms”) govern your access to and use of the Kiwi app, Kiwi’s messaging channels, any Kiwi hardware, heykiwi.co and any related services (together, the “Services”) provided by The Nudge L.L.C-FZ, a limited liability company registered in the Meydan Free Zone, Dubai, United Arab Emirates, under licence number 2542685.01 (“Kiwi”, “we”, “us”). By accessing or using the Services you agree to these Terms and to our Privacy Policy, which forms part of these Terms; if the two conflict about personal information, the Privacy Policy controls. If you do not agree, do not use the Services.

Section 16 requires disputes to be resolved by individual arbitration rather than in court, and waives class actions and jury trials. You may opt out within 30 days, as Section 16 explains.

1. Eligibility and access

You must be at least 18 years old and able to form a binding contract to use the Services. Access is currently by invitation only. We may grant, limit, suspend or withdraw access at our discretion. The Services are in an early stage of development and may change, be interrupted or be discontinued, in whole or in part, at any time.

2. Your account

You are responsible for your account, for keeping your credentials, devices and connected accounts secure, and for all activity that occurs through your account. You must provide accurate information and notify us promptly at support@heykiwi.co of any unauthorised use. We are not liable for any loss caused by your failure to keep them secure.

3. The Services

Kiwi is an AI assistant that can, at your request or with your agreement, communicate with others, use websites and third-party services, make bookings and purchases, and perform other tasks on your behalf. The Services rely on artificial intelligence, which is probabilistic and may produce output or take actions that are inaccurate, incomplete or unsuitable. You are responsible for reviewing output and outcomes before relying on them. The Services do not provide medical, legal, financial or other professional advice. We may modify, suspend or discontinue any part of the Services at any time, with or without notice, and are not liable to you or anyone else for doing so. We have no obligation to provide support or maintenance.

4. Authority you give Kiwi

When you instruct Kiwi to do something, or agree to something Kiwi proposes, you authorise Kiwi to act on your behalf to carry it out, including by signing in to and using accounts you have connected or credentials you have provided. Where an action involves payment, Kiwi will show you the price before proceeding. Any message sent, booking made, purchase placed or other action taken by Kiwi at your instruction or with your agreement is treated as made by you, and you are responsible for it. You may instruct Kiwi to stop at any time; actions already completed may not be reversible.

5. Third-party services

The Services interact with websites, apps and services operated by third parties. Your use of those services is governed by their own terms, some of which may restrict automated access. By asking Kiwi to use a third-party service, you confirm that you are entitled to use it and accept any consequences under that service’s terms, including restriction or closure of your account there. We do not control and are not responsible for third-party services, their content, availability, pricing, policies or actions. Your dealings with people Kiwi contacts for you, or who contact you through the Services, are between you and them.

To the fullest extent permitted by law, you release Kiwi and its officers, employees and agents from all claims, demands and damages arising out of third-party services or your dealings with other people through the Services. If you are a California resident, you waive California Civil Code section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

6. Purchases and payments

Purchases and bookings made through the Services are contracts between you and the relevant merchant or provider, and are paid using payment methods you hold with that merchant or provider. We are not the seller and are not responsible for the goods or services supplied, their delivery, refunds or cancellations. We may receive commissions or fees from merchants in connection with some transactions.

7. Fees

The Services are currently provided free of charge, subject to usage limits we set. We may introduce fees or paid plans in the future; we will tell you the applicable price before you are charged, and you will not be charged without your agreement.

8. Acceptable use

You must not use the Services to: break any law or infringe anyone’s rights; harass, deceive, impersonate or send unsolicited messages to anyone; access accounts or information you are not authorised to use; share another person’s information without the right to do so; interfere with, overload, probe, decompile or reverse-engineer the Services or circumvent any limit or security measure; sell, resell, rent, lease, sublicense or otherwise commercially exploit the Services; copy, republish or distribute any part of the Services except as these Terms allow, or remove any proprietary notice; use the Services or their output to develop a competing product; or permit anyone else to do any of these things.

9. Your content

You retain your rights in the content you submit to the Services and in the output generated for you. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit and reproduce that content as necessary to provide, secure and improve the Services, and to use de-identified or aggregated information for any lawful purpose. You are responsible for having the rights needed to submit your content, including any information about other people. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, non-exclusive, fully paid and royalty-free licence to use them for any purpose, without attribution or obligation to you; do not send feedback you consider confidential.

10. Our property

The Services, including all software, models, designs, text, graphics and trademarks, are owned by Kiwi or its licensors and are protected by law. Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable licence to use the Services for your own personal, non-commercial purposes. All rights not expressly granted are reserved.

11. Suspension and termination

You may stop using the Services and delete your account at any time. We may suspend or terminate your access at any time, with or without notice, including if we believe you have breached these Terms or that your use creates risk for us, other users or third parties. We are not liable to you for any suspension or termination. Sections 3 to 6 and 9 to 17 survive termination.

12. Disclaimers

To the fullest extent permitted by law, the Services are provided “as is” and “as available”, and Kiwi and its suppliers disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement and uninterrupted, secure or error-free operation free of viruses or other harmful code. We do not warrant that any output or action of the Services will be accurate, complete, timely or achieve any particular result. Where the law implies a warranty that cannot be excluded, it is limited to 90 days from your first use of the Services.

13. Limitation of liability

To the fullest extent permitted by law, Kiwi and its suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or opportunity, or the cost of substitute goods or services, arising out of or relating to the Services or these Terms, even if advised of the possibility. Our total liability for all claims arising out of or relating to the Services or these Terms is limited to the greater of the amounts you paid us for the Services in the twelve months before the event giving rise to the claim and one hundred US dollars (US$100); more than one claim does not enlarge this limit. Nothing in these Terms limits liability that cannot be limited by law.

14. Indemnity

To the extent permitted by law, you will defend, indemnify and hold harmless Kiwi and its officers, employees and agents from any claims, losses, liabilities and expenses, including reasonable legal fees, arising out of your use of the Services, your content, your instructions to Kiwi, your use of third-party services, or your breach of these Terms or of any law. We may take control of the defence of any such claim at your expense, and you will cooperate with us and not settle it without our written consent.

15. Consumer rights

If you use the Services as a consumer, nothing in these Terms affects rights you have under mandatory consumer protection law in the country where you live. If you are a California resident: the provider of the Services is The Nudge L.L.C-FZ, Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, United Arab Emirates. To make a complaint or get more information about the Services, write to that address or to support@heykiwi.co. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

16. Disputes and governing law

These Terms, and any dispute arising out of or relating to them or the Services, are governed by the laws of the Dubai International Financial Centre (“DIFC”), without regard to conflict of law rules.

Talk to us first. Before bringing any claim, you agree to send a written description of it, with your name and the email address or phone number on your account, to support@heykiwi.co, and to try in good faith to resolve it with us informally for 60 days.

Arbitration. If it is not resolved, any dispute arising out of or relating to these Terms or the Services, including about their formation, validity, scope or enforceability, will be finally resolved by arbitration under the Arbitration Rules of the Dubai International Arbitration Centre in force at the time, by a sole arbitrator. The seat of arbitration is the DIFC, the language is English, and hearings may be held by video. The arbitration and its outcome are confidential. The arbitrator may award the same individual relief a court could, and judgment on the award may be entered in any court with jurisdiction. Each party bears its own legal fees, and the arbitration costs are allocated under those Rules. Either party may instead bring an individual claim in a small claims court, or seek an injunction in any court to protect its intellectual property or to stop misuse of the Services.

No class actions or juries. To the fullest extent permitted by law, you and Kiwi may bring claims only individually, and not as a plaintiff or member of any class, collective or representative proceeding, and the arbitrator may not consolidate claims or award relief to anyone else. You and Kiwi waive any right to a jury trial. If this paragraph is found unenforceable for a claim, that claim will be decided by the DIFC Courts, and the rest of this Section still applies to every other claim.

Opting out. You may opt out of arbitration and the class action waiver by emailing support@heykiwi.co within 30 days of first accepting these Terms, with your name, the email address or phone number on your account, and a clear statement that you opt out. Opting out affects nothing else in these Terms.

Courts. Any dispute not subject to arbitration is for the exclusive jurisdiction of the DIFC Courts. Where mandatory law gives you, as a consumer, the right to bring a claim in the courts of your place of residence or makes any part of this Section unenforceable against you, that law applies to that extent.

17. General

We may change these Terms at any time. If a change is material, we will tell you through the Services and ask you to accept the updated Terms before you continue using the Services; if you do not accept them, you may stop using the Services and delete your account. You agree to receive communications from us electronically, including by email, in the app and through the messaging services you use with Kiwi, and that they satisfy any legal requirement for a written notice. You must not use or export the Services in breach of export control or sanctions laws. We may assign these Terms; you may not assign them without our consent. If any provision is found unenforceable, it is modified to the minimum extent needed to make it enforceable and the rest remain in effect. Our failure to enforce any provision is not a waiver. “Including” means including without limitation. We are not liable for delays or failures caused by events beyond our reasonable control. These Terms and the Privacy Policy are the entire agreement between you and us about the Services.

18. Apple

If you obtained the Kiwi app from Apple’s App Store, these Terms are between you and Kiwi, not Apple. Apple has no obligation to provide maintenance or support for the app and is not responsible for any claims relating to it. You must comply with the App Store terms. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

19. Contact

The Nudge L.L.C-FZ, Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, United Arab Emirates. support@heykiwi.co