By using the Kiwix web site and making use of Kiwix, a service offered by Association Kiwix, you are agreeing to be bound by the following Terms and Conditions. These Terms and Conditions cover all present and future features provided by Kiwix, individually and collectively referred to as the “Service”.
If you are agreeing to these Terms and Conditions on behalf of a company or another legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access the Service through your account to these Terms and Conditions. In the absence of such an authority, you may not use the Service.
Users of the Service
This Service is provided exclusively to everyone without discrimination. Bots or automated methods are not authorized and their access will be terminated.
Each user is solely responsible for all of their use of the Service.
Use of the Service
You agree to not use this Service for any unlawful or prohibited activities. You also agree to not disrupt Kiwix’ networks and servers.
Kiwix has no obligation to store, share or forward zim files. Every zim file is provided with a hash so that you can check the integrity of its data.
Limited Warranties and Liability
Kiwix cannot make any warranty about the reliability of the Service or guarantee the security of user data, despite best efforts. The Service is provided “as is” and you agree to not hold Kiwix responsible nor to seek indemnification for any damages that may arise as a result of the loss of use, data, or profits connected to the performance of the Service or failure in such performance.
Furthermore, you will not hold Kiwix liable or seek indemnification if confidential material is unintentionally released as the result of a security failure or vulnerability in the performance of the Service.
We may make improvements and changes to the Service at any time without notice. Kiwix may at its sole discretion, terminate service without cause or notice.
Service Level Agreement (SLA)
For Kiwix Cardshop Access users, Kiwix aims to provide Service availability of 99% or better. If downtime in any one month exceeds 1% of that month, Kiwix will credit the user’s account with a similar amount of time for which the Service was unavailable, and at least 10% (3 days) of usage extension.
Some performance issues are excluded from downtime calculations, such as:
- Issues caused by factors outside of Kiwix’ reasonable control.
- Issues that resulted from any actions or inaction by a user or a third-party.
- Issues that resulted from the user’s equipment and/or third-party equipment (not within the primary control of Kiwix). For the avoidance of any doubt, Kiwix does not provide any internet or network services and any performance issues related to that type of services shall be deemed not in the primary control of Kiwix.
- Issues that arise from a suspension or termination of rights to use the Service in accordance with our Terms of Service.
- Downtime caused by reasonable scheduled maintenance that is announced in advance.
You agree that Association Kiwix, and any parents, subsidiaries, officers, employees, or third party contractors cannot be held responsible for any third party claim, demand, or damages, including reasonable attorneys’ fees, arising out of your use of this Service.
Generally speaking, we will do our best to know as little as possible as is needed to provide the Service. Sometimes, more personal info than we would request is collected by the platforms who distribute Kiwix (e.g. Google Play Store). There often are alternatives available and we recommend you use them.
Terms of Payment
Due to their nature, the paid Services provided by Kiwix are generally non-refundable and any refunds or credits given will be at the sole discretion of Kiwix. Paid accounts which are terminated due to a violation of these Terms and Conditions will incur the loss of all payments and credits and are not eligible for refund.
If Kiwix chooses to issue a refund for any reason, it is only obligated to refund in the original currency of payment. If you request a credit balance to be converted between different currencies which Kiwix supports, it has discretion over the exchange rate applied.
Kiwix has the right to discontinue service immediately if a fraudulent payment is detected, such as the use of a stolen credit card, and such cases may be further referred to the competent authorities.
You authorize Kiwix to charge any credit card supplied on a monthly, bi-annually, or annually re-occurring basis (depending on your selection). Credit balances will also automatically be deducted on a monthly, bi-annual, or annual basis. You are responsible for keeping card information up to date.
If you fail to fulfill your obligation of payment as a user of a paid account, we may suspend your account or delete it after an extended period of default.
If you rely on dispute or chargeback mechanisms of third-party payment processors and the result of that mechanism causes Kiwix to be liable for an amount exceeding the price paid for the service (e.g. dispute fee), you authorize Kiwix to charge that amount on your account.
Modification to Terms of Service
Within the limits of applicable law, Kiwix reserves the right to review and change this agreement at any time. You are responsible for regularly reviewing these Terms and Conditions. Continued use of the Service after such changes shall constitute your consent to such changes.
This Agreement shall be governed in all respects by the substantive laws of Switzerland. Any controversy, claim, or dispute arising out of or relating to the Agreement shall be subject to the jurisdiction of the competent courts of the Canton of Vaud, the jurisdiction of the Swiss Federal Court being expressly reserved.