Legal
Terms of service
The agreement between Kiwiback and the business that uses it: what we provide, what you pay, what each of us is responsible for, and how it ends.
1. About these terms
These terms are an agreement between Kiwiback Oy, Finland ("Kiwiback", "we") and the business that creates a Kiwiback account ("you"). By creating an account you accept them, and you confirm that you may accept them for that business.
Kiwiback is for businesses, not consumers. How we handle personal data is in our privacy policy.
2. The service
Kiwiback lets a venue put QR codes on its tables. Guests scan them, answer a short survey, and receive a coupon for a next visit, which the venue's team redeems in the Kiwiback app. The app also shows the venue its guests' answers and how many come back.
What each plan includes is on the pricing page. We keep improving Kiwiback, so features change. If we remove something your plan includes, we'll tell you at least 30 days before.
3. Your account and your team
- Give us accurate details, and keep them up to date.
- You decide who joins your team: managers, and till staff who can only redeem coupons. You're responsible for what they do in your account, and for removing anyone who should no longer have access.
- Keep the devices that are signed in secure. Tell us straight away if you think someone has got into your account.
4. Trial, plans and paying
- Trial. A new account gets 30 days free, without a card. One trial per account, shared by all its locations.
- Plans. You pay for each location, monthly or yearly, at the prices on the pricing page when you choose. Taxes are added at checkout where they apply.
- Paying. Stripe handles payment. Each period is charged at its start, and the plan renews automatically until you cancel. If you choose a plan during the trial, the first charge is on the day the trial ends.
- Adding and removing locations. A location added mid-period is charged for the part of the period that's left, the same day. When you remove one, the unused time becomes a credit on your next invoice. It isn't refunded.
- Price changes. We'll tell you at least 30 days before a new price applies to you, and it starts at your next renewal, never during a period you've paid for.
- Failed payments. Stripe retries for about two weeks while everything keeps working. If it still fails, the plan ends, as in section 5.
5. Cancelling, and when a plan ends
- Cancelling. Cancel any time in the app, under Settings → Billing. The plan runs to the end of the period you've paid for. Unless the law requires it, we don't refund the rest of a period.
- When a trial or plan ends without a new plan, you have 30 days to choose one. During those days your QR codes still work, guests still get coupons, and your team can still redeem them, but you can't change your survey, coupon or posters, or read new answers. We email you 7, 3 and 1 days before the end.
- After those 30 days the account is deleted, with its locations, surveys, guests' answers, coupons and QR codes. Printed QR codes then lead to a page saying they aren't in use, and coupons can no longer be redeemed. Deletion is final.
- Deleting your account yourself. A manager can delete the account in the app while no paid plan is running, by deleting its last location.
Before your account is deleted, you can ask us for a copy of your guests' answers and coupons.
6. Your content and your guests
- Your content is yours: your venue's name, logo and branding, your survey, your coupon, and your guests' answers. You let us store, process and show it as needed to provide Kiwiback to you.
- Your coupon is your offer. You set its discount and conditions, and you honour the coupons your survey gives out while your account exists. Kiwiback isn't a party to the offer between you and your guests.
- Your survey must be lawful. Don't ask guests for health information or other special categories of personal data, or for details that identify them, such as their name or phone number.
- Google reviews. If you turn on the invitation to leave a Google review, every guest who finishes the survey sees it, whatever their score. Don't use Kiwiback to ask only happy guests for reviews. Google prohibits it.
7. Processing guests' data
For the personal data of your guests, you are the controller and Kiwiback is your processor, under Article 28 of the GDPR. This section is the data processing agreement between us.
- Subject and duration: providing Kiwiback to you, for as long as your account exists.
- Data: guests' survey answers, coupons and redemptions, the QR code scanned, a random device ID, and technical data about each visit: time, progress, language, device type, browser user agent, IP address and country. This is described in the privacy notice for guests.
- Instructions: we process this data only to provide Kiwiback as you configure it, and on your other documented instructions. If an instruction would break the law, we'll tell you.
- Confidentiality: only the people who run Kiwiback can access it, and each is bound by confidentiality.
- Security: we protect the data with appropriate technical and organisational measures, described in our privacy policy.
- Sub-processors: you authorise those listed in our privacy policy. We'll tell you at least 30 days before adding or replacing one, and you can object. If we can't resolve the objection, you can end the agreement. Each sub-processor is bound to data protection obligations equivalent to these.
- Helping you: we'll help you answer guests who exercise their rights, and with your own obligations on security, breach notification and impact assessments.
- Breaches: we'll tell you without undue delay after we become aware of a personal data breach affecting your guests' data.
- At the end: when your account is deleted, your guests' data is deleted with it, as in section 5. You can ask for a copy before that.
- Audits: we'll give you the information you need to show these obligations are met, and allow reasonable audits, with reasonable notice.
You remain responsible for having a lawful basis for the survey, and for telling your guests about it. Your survey links to your own privacy policy if you add one in the app. Otherwise it links to our privacy notice for guests, which describes what Kiwiback processes but doesn't replace your own duties as controller.
8. Acceptable use
Don't use Kiwiback to:
- break the law, or mislead or harass anyone;
- send anything other than your own venue's survey and offer to guests;
- probe, overload or get around the security or limits of the service, or access other customers' data;
- copy, resell or rebuild the service.
9. Availability and support
We work to keep Kiwiback available and your data safe, but we don't promise it will never be interrupted. Some work needs downtime, and we keep it short. Support is by email at [email protected].
10. Intellectual property
Kiwiback, its software and its brand belong to us. While your account exists, you may use the service for your venues. If you send us suggestions, we may use them freely.
11. Liability
- Neither of us is liable to the other for indirect or consequential loss, such as lost profit or lost business.
- Our total liability under these terms is limited to what you paid us in the 12 months before the event that caused it.
- These limits don't apply to loss caused intentionally or by gross negligence, or where the law doesn't allow liability to be limited.
12. Suspension and termination
You can stop using Kiwiback at any time, as in section 5. We may suspend or close an account that seriously or repeatedly breaks these terms. Where we can, we'll warn you first and give you time to fix it.
13. Changes to these terms
If we change these terms in a way that matters to you, we'll tell you by email or in the app at least 30 days before. If you don't agree, you can cancel before the change applies. Using Kiwiback after that means you accept the new terms.
14. Law and disputes
These terms are governed by Finnish law. We'll try to settle any dispute by talking first. If that fails, it goes to the district court of Kiwiback Oy's registered office in Finland.
Questions about these terms: [email protected].