These terms are an agreement between you and KiwiTxt (“KiwiTxt”, “we”, “us”) for using the KiwiTxt website, portal, integrations and API (together, the “Service”). By registering or using the Service you agree to them. If you use KiwiTxt for a business, you agree on behalf of that business.
1. The Service
KiwiTxt sends SMS messages for your business, automatically when something happens in a tool you connect (such as WooCommerce, Stripe, PayPal, Zapier or a custom webhook), or when you or your team send them from the portal or API. Customers can reply, and replies appear in your inbox.
2. Your account
- You must give accurate details when you register and keep them up to date.
- You are responsible for everyone you give access to (your “seats”) and for keeping logins and API keys secret. Tell us straight away if you think your account has been misused.
- You must be at least 18 and able to enter a binding contract.
3. Plans, payment and billing
- Plans are paid through Stripe. We never see or store your full card number.
- Plans may start with a free trial. The plan fee is not charged during the trial, but message (per-SMS) charges apply from the start, including during the trial. Unless you cancel before the trial ends, your subscription starts automatically.
- Subscriptions renew automatically each billing period until cancelled.
- Prices, and whether they include GST, are shown when you register. Any message or usage charges that apply to your plan are shown there too.
- If a payment fails, we may pause sending until it is paid.
- We may change prices with at least 30 days’ notice. The new price applies from your next billing period after the notice.
4. Cancelling
You can cancel at any time, including during a free trial, by emailing info@kiwitxt.com. Your access continues until the end of the period you have paid for. We do not refund part periods, except where the law requires it.
5. Messaging rules
You are the sender of every message sent from your account and are responsible for its content and for having the right to send it. In particular you must follow the Unsolicited Electronic Messages Act 2007 (New Zealand) and the equivalent laws of every country you send to. That means:
- Consent. Only text people who have agreed to hear from you, or whom you are texting about something they asked for (such as their order or booking).
- Identify yourself. Messages must make clear who they are from.
- Unsubscribe. Marketing messages must tell people how to stop them, and you must honour opt-outs promptly.
- Sender rules. Some countries require registered sender numbers or names before you can send. We will tell you what applies, and sending may be limited until it is in place.
6. Acceptable use
You must not use KiwiTxt to send spam, misleading or fraudulent messages, phishing, harassment, illegal content, or content about illegal goods or services; to impersonate anyone; to get around carrier filtering; or to interfere with the Service or other customers. We may block messages, pause sending or suspend accounts that break these rules or that carriers or regulators ask us to act on.
7. Connected tools and delivery
Integrations depend on third-party services (for example your store platform, payment provider, and mobile networks) that we do not control. We work hard to deliver every message quickly, but mobile networks do not guarantee delivery, and we are not responsible for messages delayed or lost by them or by a connected tool.
8. Your data
You own the information you and your connected tools put into KiwiTxt, including your customers’ details and messages. You give us permission to store and process it only as needed to provide, secure and support the Service. You are responsible for having a lawful basis to share your customers’ information with us. Our Privacy Policy explains how we handle personal information.
9. Availability and changes
We aim to keep KiwiTxt available at all times but cannot promise it will be uninterrupted or error-free. We may improve and change the Service; if a change significantly reduces what you pay for, we will tell you in advance and you may cancel.
10. Intellectual property
We own the Service, its software and branding. You may use them only as part of using KiwiTxt under these terms. Suggestions you send us may be used without obligation.
11. Liability
- If you use KiwiTxt for a business, you agree that the Consumer Guarantees Act 1993 does not apply, and that sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply to the extent the law allows, because you are in trade and it is fair and reasonable for you to be bound by this.
- To the extent the law allows, we are not liable for indirect or consequential loss, or for loss of profit, revenue, data or goodwill.
- To the extent the law allows, our total liability to you for any claim is limited to the fees you paid us in the 12 months before the claim arose.
12. Indemnity
You agree to cover our reasonable costs and losses arising from messages you send, or from your breach of these terms or of the law, including claims by message recipients, carriers or regulators.
13. Suspension and ending
We may suspend or end your account if you seriously or repeatedly break these terms, don’t pay, or if we must to comply with the law. If we end the Service for reasons other than your breach, we will refund any period you have paid for but not used. After an account ends we delete its data within a reasonable time, unless we must keep it by law.
14. Changes to these terms
We may update these terms. We will give notice of material changes by email or in the portal at least 14 days before they apply. Continuing to use KiwiTxt after that means you accept them.
15. Governing law
These terms are governed by New Zealand law, and the courts of New Zealand have exclusive jurisdiction.
16. Contact
KiwiTxt · info@kiwitxt.com
Questions about this page? Email info@kiwitxt.com.